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(continued)
(2) The owner or operator of a SHWCCAF shall revise the closure cost estimate no more that thirty (30) days after a change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b)(1) of this section.
(3) The most current closure plan and the most current closure cost estimate shall be kept on file at the SHWCCAF during the operating life of the facility.
(c) Financial assurance for closure of a SHWCCAF shall be established by one of the following methods and submitted with the certification required in subsection (d) of this section:
(1) a closure trust fund, as specified in section 66265.143, subsection (a);
(2) a surety bond guaranteeing payment into a closure trust fund, as specified in section 66265.143, subsection (b);
(3) a closure letter of credit, as specified in section 66265.143, subsection (c);
(4) closure insurance, as specified in section 66265.143, subsection (d);
(5) a financial test and corporate guarantee for closure, as specified in section 66265.143, subsection (e);
(6) multiple financial mechanisms for closure costs, as specified in section 66265.143, subsection (f),
(7) an alternate financial mechanism, as specified in section 66265.143, subsection (h); or
(8) self-insurance (for public agencies).
(A) A public agency operating a SHWCCAF may satisfy the requirements of this section by submitting a certificate of self-insurance to the CUPA or authorized agency. The public agency shall submit DTSC Form 1220 (2/96) that may be obtained from the CUPA or authorized agency. The certificate of self-insurance shall contain original signatures.
(B) The public agency shall guarantee that funds shall be available to close the facility whenever final closure occurs. The public agency shall also guarantee that once final closure begins, the public agency shall, at the direction of the CUPA or authorized agency, provide funding up to an amount equal to the full amount of the most recent closure cost estimate, to a party or parties specified by the CUPA or authorized agency.
(d) The owner or operator of a SHWCCAF shall submit a financial assurance certification to the CUPA or authorized agency that documents compliance with the closure cost estimate and financial assurance requirements of subsections (b), (c), and (d) of this section, as necessary. The certification shall be submitted with the notification required by sections 67450.43(b), (c), or (f), as appropriate, or annually in years where notification is not required.
(1) The certification shall contain the following information:
(A) The current closure cost estimate of the SHWCCAF as determined in subsection (b) of this section.
(B) The mechanism(s) established to provide the closure cost assurance for the SHWCCAF, as described in subsection (d), including:
1. The name and location of the financial institution, insurance company, surety company, or other appropriate organization used to establish the closure assurance for the SHWCCAF.
2. The effective date of the closure assurance for the SHWCCAF.
(C) The certification shall be signed according to the requirements of section 66270.11 as those requirements apply to permit applications.
(2) The CUPA or authorized agency may require the owner or operator of a SHWCCAF to submit the Certification of Financial Assurance Page of the Unified Program Consolidated Form (UPCF) (1/99 revised) found in Title 27, CCR, Division 1, Subdivision 4, Chapter 1, Appendix E (after section 15620), as the certification required by the section.
Note: Authority cited: Sections 25150 and 25245, Health and Safety Code. Reference: Sections 25150, 25200, 25245 and 25404.1, Health and Safety Code.
s 67450.50. Revocation, Suspension and Denial of Authorization or Reauthorization, and Operating Restrictions for SHWCCAFs Operating Under Permit by Rule.
(a) Notwithstanding the provisions of Chapter 21 of this division, the Department, CUPA or authorized agency may revoke or suspend authorization or reauthorization for any SHWCCAF operating or proposing to operate under a permit by rule as provided in this section. The Department, CUPA or authorized agency may also deny authorization or reauthorization for a SHWCCAF operating or proposing to operate under a permit by rule as provided in this section. The Department, CUPA or authorized agency shall base a decision on any one of the factors set forth in section 66270.43(a) or (b) or on Health and Safety Code section 25186 or on a finding that operation of the SHWCCAF in question will endanger human health, domestic livestock, wildlife, or the environment.
(1) Notice of revocation, suspension, or denial shall be provided to the owner or operator of a SHWCCAF by certified mail with return receipt requested or by personal service.
(2) An owner or operator of a SHWCCAF whose authorization or reauthorization is revoked or suspended or who is denied authorization or reauthorization to operate a SHWCCAF under a permit by rule and who wishes to appeal the revocation, suspension, or denial shall appeal by submitting a letter requesting a hearing to the agency revoking, suspending, or denying authorization within ten (10) days of receipt of notice of revocation, suspension, or denial.
(3) Proceedings to appeal a CUPA or authorized agency's decision concerning revocation, suspension, or denial of authorization or reauthorization to operate under permit by rule shall be conducted in accordance with Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Any authorization or reauthorization to operate a SHWCCAF granted pursuant to this article is contingent upon the accuracy of information contained in the notifications required by sections 67450.43(b), (c), and (f). Any misrepresentation or any failure to fully disclose all relevant facts shall render the authorization or reauthorization to operate null and void.
(c) The Department, CUPA or authorized agency, when denying or revoking authorization for a SHWCCAF, shall send a copy of the letter sent pursuant to subsection (a)(1) to each CUPA or authorized agency with a contributing school in its jurisdiction.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25186, 25186.1, 25186.2, 25200, 25404.1 and 25404.2, Health and Safety Code; and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
s 67451. Waste Analysis for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67452. Principal Organic Hazardous Constituents (POHCs) for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67453. Performance Standards for Permitted Facilities.
Note: Authority cited: Sections 208, 39002, 40702, 41982 and 42300, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67454. Hazardous Waste Incinerator Permits.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67455. Operating Requirements for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67457. Monitoring and Inspections for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67461. Waste Analysis for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67462. General Operating Requirements for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67464. Monitoring and Inspections for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67468. Closure for Both Interim Status and Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67490. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67493. General Operating Requirements.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67495. Waste Analysis.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67497. Monitoring and Inspections.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67520. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67521. General Operating Requirements.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67522. Waste Analysis and Trial Tests.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67523. Inspections.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67524. Closure of Interim Status Facilities Which Treat Hazardous Waste Other Than in Tanks, Surface Impoundments, Land Treatment Units or Incinerator or Other Thermal Treatment Units.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67525. Special Requirements for Ignitable or Reactive Waste.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67526. Special Requirements for Incompatible Wastes.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67600. Certification of Laboratories.
Note: Authority cited: Sections 25173 and 25198.2(a), Health and Safety Code. Reference: Sections 25198.3, 25198.5(a)(1) and (c) and 25198.7(a) and (b), Health and Safety Code.
s 67601. Test Categories.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(1), Health and Safety Code.
s 67602. Quality Assurance Program.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(2), Health and Safety Code.
s 67603. Laboratory Equipment.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(3), Health and Safety Code.
s 67604. Analytical Procedures.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(4), Health and Safety Code.
s 67605. Personnel Qualifications.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(5), Health and Safety Code.
s 67606. Proficiency Testing.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.5(c), Health and Safety Code.
s 67650. Request As to Whether Property Should Be Designated As Hazardous Waste Property or Border Zone Property; Granted a Variance from a Designation of Property As Hazardous Waste Property or Border Zone Property; or Have a Designation of Property As Hazardous Waste Property or Border Zone Property Removed.
Note: Authority cited: Section 25156, Health and Safety Code. Reference: Sections 25221, 25222, 25233 and 25234, Health and Safety Code.
s 67651. Ascertainment of Sufficient Evidence for a Proceeding to Designate Property As Hazardous Waste Property or Border Zone Property; to Grant a Variance from Such Designation; or to Remove Such Designation.
Note: Authority cited: Section 25156, Health and Safety Code. Reference: Sections 25221, 25222, 25233 and 25234, Health and Safety Code.
s 67700. Purpose, Scope and Applicability.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5, 25179.6, 25179.11, 25179.12 and 25208.16, Health and Safety Code.
s 67702. List of Restricted Hazardous Wastes.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code.
s 67706. Waste Prohibitions -General.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code.
s 67710. Waste Specific Prohibitions -Solvent Wastes.
Note: Authority cited: Section 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 251790.6, Health and Safety Code.
s 67711. Waste Specific Prohibitions -Dioxin-Containing Wastes.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25259, 25159.5 and 25179.6, Health and Safety Code.
s 67715. Waste Specific Prohibitions -Non-RCRA Wastes.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, and 15179.7, Health and Safety Code.
s 67720. Dilution of Restricted Hazardous Wastes Prohibited as a Substitute for Treatment.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code.
s 67721. Prohibitions on Storage of Restricted Wastes.
Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code.
s 67732. Procedures for Case-by-Case Extensions to an Effective Date.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.68 Health and Safety Code. Reference: Sections 15374-15378, Government Code, and Sections 25159, 25159.5, 25179.6 and 25179.8, Health and Safety Code.
s 67740. Waste Analysis and Recordkeeping.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5and 25179.6, Health and Safety Code.
s 67750. Applicability of Treatment Standards.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code.
s 67755. Treatment Standards Expressed as Concentrations in Waste Extract.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code.
s 67760. Treatment Standards Expressed As Waste Concentrations.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code.
s 67770. Variance from a Treatment Standard.
Note: Authority cited; Sections 208, 25150, 25159 and 25179.8, Health and Safety Code. Reference: Sections 15374-15378, Government Code, and Sections 25159, 25159.5 and 25179.6 and 25179.8, Health and Safety Code.
s 67780. Treatment Standard for PCB Wastes.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code.
s 67785. Treatment Standards for Non-RCRA Aqueous and Liquid Organic Wastes.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code.
s 67786. Treatment Standards for Non-RCRA Solid Hazardous Waste Containing Organics.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code.
s 67800.1. Requirements for Standardized Permit Facilities.
(a) A facility with an existing permit issued pursuant to Health and Safety Code section 25200 may have its permit converted directly to a standardized permit, using the Class 1 permit modification procedures as specified in section 66270.42. In addition to all other applicable requirements, the owner or operator of a facility eligible for the standardized permit tier pursuant to section 66270.69 shall comply with all of the following:
(1) Articles 1 through 7, 9 and 10 of Chapter 14 of this division.
(2) section 66264.175 regarding secondary containment for containers;
(3) section 67800.5 regarding financial responsibility compliance.
Note: Authority cited: Sections 25150, 25201.6, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25201.6 and 25250.1, Health and Safety Code.
s 67800.5. Financial Responsibility for Facilities Operating Under a Standardized Permit.
The owner or operator of a facility that operates pursuant to a standardized permit issued pursuant to Health and Safety Code section 25201.6 shall comply with chapter 14, article 8, except as follows:
(a) Series A facilities, as defined by Health and Safety Code section 25201.6(a)(1), shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs.
(b) Series B facilities, as defined by Health and Safety Code section 25201.6(a)(2), Series C facilities, as defined by Health and Safety Code section 25201.6(a)(3), that treat or store reactive, ignitable or extremely hazardous waste and Series C facilities that treat solvents in accordance with Health and Safety Code section 25201.6(g)(2) shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $500,000 per occurrence with an annual aggregate of at least $1 million, exclusive of legal defense costs.
(c) Series C facilities, as defined by Health and Safety Code section 25201.6(a)(3), shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $300,000 per occurrence with an annual aggregate of at least $600,000, exclusive of legal defense costs.
(d) Notwithstanding subdivision (c) of this section, Series C facilities that treat no more than 1,500 gallons of liquid hazardous waste or 3,000 pounds of solid hazardous waste in any calendar month, or have a maximum storage capacity of no more than 15,000 gallons of liquid hazardous waste or 30,000 pounds of solid hazardous waste, shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $100,000 per occurrence with an annual aggregate of at least $200,000, exclusive of legal defense costs.
(e) An owner or operator of more than one facility that operates pursuant to a standardized permit may meet the liability coverage requirements of this section by having and maintaining liability coverage at the level required for the facility that is regulated at the highest standardized permit series.
(f) An owner or operator of one or more facilities that operate pursuant to a standardized permit, who also owns or operates one or more facilities regulated pursuant to a hazardous waste facility permit, may meet the liability coverage requirements of this section by having and maintaining sudden liability coverage as required by section 66264.147(a).
(g) An owner or operator of one or more facilities that operate pursuant to a standardized permit, who also owns or operates one or more facilities that operates pursuant to interim status granted pursuant to Health and Safety Code section 25200.5 may meet the liability coverage requirements of this section by having and maintaining liability coverage as required by section 66265.147(a).
Note: Authority cited: Sections 25143.13, 25150, 25200.1, 25201.6, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25143.13, 25150, 25200.1, 25200.5, 25200.9 and 25201.6, Health and Safety Code.
s 67900.1. Purpose and Scope.
This article establishes the applicable criteria and procedures for procurement, by the Department of Toxic Substances Control, of architectural and engineering services related to response actions at hazardous substance sites and corrective actions at hazardous waste facilities. These criteria and procedures shall apply to the extent such response actions are not exempted from State contract requirements under Health and Safety Code section 25358.5 or covered by Health and Safety Code section 25358.6.1 and shall be in compliance with Government Code section 19130.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526 and 19130, Government Code; and Sections 25358.5 and 25358.6.1, Health and Safety Code.
s 67900.2. Definitions.
As used in these regulations:
(a) "Architectural, landscape architectural, engineering, environmental and land surveying services" includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. Such services need to be procured pursuant to these regulations only if they are of the type which would lead to, or result in, instruments of service for the construction of a "project" as that term is used in the State Contract Act (commencing at section 10105 of the Public Contract Code).
(b) "Construction project management" means those services provided by a licensed architect, registered engineer or licensed general contractor which meet the requirements of section 4529.5 of the Government Code for management and supervision of work performed on State construction projects.
(c) "Department" means the Department of Toxic Substances Control.
(d) "Director" means the Director of the Department of Toxic Substances Control or his/her designee.
(e) "Environmental services" means those services performed in connection with project development and permit processing in order to comply with Federal and State environmental laws. "Environmental services" also includes the processing and awarding of claims pursuant to chapter 6.75 (commencing with section 25299.10) of division 20 of the Health and Safety Code.
(f) "Firm" means any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management services.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526 and 4529.5, Government Code; and Section 10105, Public Contract Code.
s 67900.3. Publication of Announcement.
(a) When a project requiring architectural, landscape architectural, engineering, environmental or land surveying services of a value of over $1 million is identified by the Department, an announcement shall be made by the Director through the State Contracting Register. In addition, the Director may selectively advertise to reach providers of services within the appropriate trade or profession by publishing the announcement through electronic communications media which support bulletin boards or Internet Web sites that have demonstrated statewide accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured.
(b) For projects where such services in each instance shall not exceed $1 million, the Director may make annual announcements, published as above, which identify the general needs of the State.
(c) The announcement shall contain the following minimal information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data must be received by the Director.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code; and Sections 25358.6.1, Health and Safety Code.
s 67900.4. Establishment of Criteria.
The Director shall establish criteria, on a case by case basis, which will comprise the basis for selection for each project which shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel, staff capability, workload, ability to meet schedules, principals to be assigned, nature and quality of completed work, reliability and continuity of the firm, location, professional awards and other considerations deemed relevant. Such factors shall be weighted by the Director according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 67900.5. Selection of Architects, Engineers or Land Surveyors.
After expiration of the announcement period stated in the publications, the Director shall evaluate statements of qualifications and performance data on file in the Department. The Director shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required service. From the firms with which discussions are held, the Director shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the services required.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 67900.6. Estimate of Value of Services.
Before any discussion with any firm concerning fees, the Director shall cause an estimate of the value of such services to be prepared. Such estimates shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
s 67900.7. Abandonment of Estimate.
At any time the Director determines the State's estimate to be unrealistic due to rising costs, special conditions, or for other relevant considerations, the Director may require that the estimate be reevaluated.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
s 67900.8. Negotiation.
(a) The Director shall, in accordance with section 6106 of the Public Contract Code, attempt to negotiate a contract with the best qualified firm. Should the Director be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated.
(b) The Director shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated.
(c) The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated.
(d) Should the Director be unable to negotiate a satisfactory contract with any of the selected firms, the Director may select additional firms in the manner prescribed and continue the negotiation procedure.
Note: Authority cited: Section 4526, Government Code; and Section 6106, Public Contract Code. Reference: Sections 4526 and 4528, Government Code.
s 67900.9. Amendments.
In instances where the State effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by mutual written agreement in a reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the scope of work agreed to by both parties.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
s 67900.10. Contracting in Phases.
(a) Should the Director determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the Director shall have determined that:
(1) The firm is best qualified to perform the whole project at reasonable cost, and;
(2) The contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually agreed upon and reflected in a subsequent written instrument.
(b) The procedure with regard to estimates and negotiation shall otherwise be applicable.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.
s 67900.11. Small Business Participants.
(a) The Director shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified. The Director shall assist firms in attempting to qualify for small business status.
(b) A failure of the Director to send a copy of an announcement to any firm shall not operate to invalidate any contract.
Note: Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code.
s 67900.12. Conflict of Interest/Unlawful Activity.
Any unlawful practice or activity is prohibited including, but not limited to rebates, kickbacks or any other unlawful activity. Department employees are specifically prohibited from participating in the contractor selection process when those employees have a relationship with a person or business entity seeking a contract under this section, as specified in Government Code section 87100.
Note: Authority cited: Sections 4526 and 87100, Government Code. Reference: Section 4526, Government Code.
s 68000. Purpose and Scope.
(a) These regulations establish provisions for certification of hazardous waste environmental technologies. Hazardous waste environmental technologies include, but are not limited to, hazardous waste management technologies, site mitigation technologies, and waste minimization and pollution prevention technologies.
(b) The regulations in the chapter set forth basic certification requirements, including, but not limited to technology eligibility, certification application requirements, and certification procedures.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code.
s 68010. Technology Eligibility Criteria.
A hazardous waste environmental technology is eligible for certification by the Department if the technology (1) does not pose a significant potential hazard to human health and safety or to the environment if operated in compliance with specified conditions, and (2) the technology relates to hazardous waste. Hazardous waste incineration technologies are excluded from eligibility for certification.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code.
s 68020. Certification Elements.
(a) A certification is a technical evaluation of the technology which shall include all of the following.
(1) A statement of the technical specifications applicable to the technology.
(2) A determination of the composition of the hazardous wastes or chemical constituents for which the technology may appropriately be used.
(3) An estimate of the efficacy and efficiency of the technology in regard to the hazardous wastes or chemical constituents for which it is certified.
(4) A specification of the minimal operational standards the technology is required to meet to ensure that the certified technology is managed properly and used safely.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code.
s 68030. Application Requirements.
(a) All applicants seeking a hazardous waste technology certification evaluation shall submit the following information to the Department, unless the Department indicates to the applicant in writing that a particular item is inapplicable and need not be submitted:
(1) Name of applicant, contact person, mailing address, and telephone number.
(2) A technology description including but not limited to a discussion of the unit processes or specific steps by which the technology operates, process flow diagrams, piping and instrumentation diagrams, and equipment specifications.
(3) The underlying scientific and engineering principles of the technology supported by technical literature, patents, and other documentation, if available.
(4) A description of the commercial status of the technology.
(5) Proposed certification statement, including performance claims and the hazardous waste streams or materials for which the applicant wants the technology to be certified.
(6) An estimate of the efficacy and efficiency of the technology in regard to those hazardous waste streams/materials for which certification is desired and bases for arriving at the estimates.
(7) Recommended operating conditions and limits.
(8) Supporting data and documentation necessary to verify the efficacy and efficiency of the technology for the recommended operating limits. Where existing data are insufficient, the applicant shall provide a description of new studies and experiments needed to generate the necessary data.
(9) Description of all potential environmental impacts, including but not limited to emissions, discharges, and residuals from use of the technology.
(10) Quality control/quality assurance procedures.
(11) Critical operating parameters and conditions.
(12) Monitoring and control of operating parameters and conditions.
(13) Operator training, education, and experience requirements to safely and effectively operate the technology, if any.
(14) Operation and maintenance procedures (including installation, inspection, and emergency and upset instructions), supported by documents such as standard operational procedures, users manuals, operational and maintenance manuals.
(15) Documents which address worker health and safety issues and requirements related to the use of the technology, including but not limited to material safety data sheets and health and safety plans.
(16) The hazards to health, safety, or to the environment posed by those hazardous wastes and materials and their constituents for which the technology is designed to manage.
(17) The complexity and degree of difficulty of operating the technology in regards to the hazardous waste streams and materials for which certification is desired.
(18) The chemical or physical hazards that are associated with the use of the technology, and the hazards associated with the process which produced the hazardous waste or wastes.
(19) The levels of specialized operator training, technology maintenance, and monitoring that are required to ensure that the technology is operated safely and effectively.
(20) The types of accidents or system upsets which may occur during use of the technology in managing those hazardous waste streams and materials for which certification is desired, the likely consequences of those accidents, and the actual accident history associated with the use of the technology.
(21) Any additional information deemed necessary by the Department in order for it to make a determination regarding suitability for certification.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code.
s 68040. Confidentiality of Information.
(a) An applicant or holder of a technology certification may assert a claim of business confidentiality by following the procedures set forth in Title 22 of the California Code of Regulations, section 66260.2. Information submitted to the Department pursuant to this chapter may be claimed as business confidential. Such a claim shall be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice to the applicant. If a claim of confidentiality is asserted, the information will be evaluated and treated in accordance with the procedures set forth in section 66260.2.
(b) Claims of confidentiality for the name and address of any certification applicant will be denied.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code; and 40 CFR Section 260.2.
s 68050. Certification Procedures.
(a) The Department shall use the following procedures to determine if a certification should be granted or denied. The Department shall:
(1) Review the certification application and any other pertinent information to make a preliminary determination whether or not the proposed technology is eligible for certification as a hazardous waste environmental technology pursuant to section 68010, and shall notify the applicant of its decision. If rejected as ineligible, the Department shall provide the applicant the reasons for the rejection.
(2) Estimate its costs to evaluate the technology and to make a certification decision in accordance with sections 68010 and 68020.
(3) Prepare an agreement for services containing the estimated costs of evaluating the technology for a certification decision.
(4) Negotiate the agreement and have the applicant and the Department sign the agreement.
(5) Receive payment of fees, pursuant to section 68080.
(6) If the Department determines that additional data are needed, the Department shall request that the applicant provide additional existing data, and perform field testing to collect new data, if necessary. The Department shall review such data when making the certification decision.
(7) Prepare an evaluation report and proposed certification decision.
(8) Publish in the California Regulatory Notice Register, the Department's proposed decision on an application for certification of a hazardous waste environmental technology, which shall be subject to a 30-day
comment period. The Department shall review any comments received and complete the final certification decision.
(9) The final certification decision shall be published in the California Regulatory Notice Register, and shall become effective not sooner than 30 days after its publication.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code.
s 68060. Duration of Certification.
Unless amended pursuant to section 68100, the duration of a hazardous waste environmental technology certification is three (3) years. The duration of the certification shall be specified in each instance within the certification statement published in the California Regulatory Notice Register. Technologies can be re-evaluated and, if appropriate, re-certified pursuant to the certification application requirements and procedures specified in this chapter.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code.
s 68070. Revocation of Certification.
The Department may revoke a hazardous waste environmental technology certification if it determines, on the basis of any reliable information, that the hazardous waste environmental technology may pose a significant potential or actual hazard to human health and safety or to the environment, or that the technology does not perform as certified, or that any information submitted to the Department related to the certification is inaccurate, has been misrepresented, or that any pertinent information was omitted. The recipient of the certification shall maintain the quality of the manufactured materials and equipment at a level equal to or better than was provided to obtain this certification and shall be subject to quality monitoring by the Department as is required by section 25200.1.5 of the Health and Safety Code. The Department may revoke the hazardous waste environmental technology certification in accordance with the procedures set forth in Health and Safety Code section 25200.1.5(d).
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code.
s 68080. Fees.
(a) The Department shall recover the actual costs to the Department for evaluating hazardous waste environmental technologies, and making certification decisions. An estimate of these costs and a scope of work, including a summary delineating the activities that will be conducted, shall be part of the technology evaluation and certification services agreement. A dispute resolution process, to address conflicts between the applicant and the Department regarding the terms of the services agreement, shall be part of the agreement.
(b) Each applicant for a technology certification shall submit a non-refundable fee of two-hundred fifty dollars ($250) with the application. This fee will cover the Department's cost for the preliminary determination of eligibility for certification as described in section 68050(a)(1). The remainder of the costs to evaluate the technology shall be due according to the terms of the negotiated agreement as specified in section 68050(a)(3).
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code.
s 68090. Certification Reference.
(a) The holder of a valid hazardous waste environmental technology certification is authorized to use the certification seal (Registered Service Mark Number 046720) and shall cite the technology certification number and date of issuance in conjunction with the certification seal whenever it is used.
(b) When providing information on the certification to an interested party, the holder of a hazardous waste environmental technology certification shall at a minimum provide the full text of the final certification decision as published in the California Regulatory Notice Register.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code.
s 68100. Amendments to Certifications.
The Department on its own initiative or upon receipt of an application from the holder of the certification may amend a hazardous waste environmental technology certification.
(a) In the case of a Department initiated amendment, the Department will:
(1) Inform the applicant of the Department's intent to amend the certification.
(2) Prepare an evaluation report and proposed certification decision.
(3) Publish in the California Regulatory Notice Register, the Department's proposed decision regarding the amendment, which shall be subject to a 30-day comment period. The Department shall review any comments received and complete the final certification decision.
(4) Publish the final certification decision in the California Regulatory Notice Register, which shall become effective not sooner than 30 days after its publication.
(b) During the time periods specified in subdivision (a), paragraphs (3) and (4), the existing certification shall remain valid.
(c) In the case of an amendment applied for by the holder, the Department will follow the procedures set forth in section 68050. During the time periods specified in section 68050(a)(8) and (a)(9), the existing certification shall remain valid.
(d) In the case of an amendment applied for by the holder, the applicant shall reimburse the Department for its costs in amending the certification.
Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code.
s 68200. Purpose.
The purpose of the Cleanup Loans and Environmental Assistance to Neighborhoods Revolving Loan Fund is to finance the performance of actions necessary to respond to the release or threatened release of a Hazardous Material on a Brownfield, as defined, or Eligible Underutilized Property. The Program supports two programs: the Investigating Site Contamination Program (ISCP) and the Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Loan Program.
Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012 Health and Safety Code. Reference: Sections 25395.21 and 25395.22, Health and Safety Code.
s 68201. Overview; Administering Agency.
(a) The Department will be the Administering Agency for all Properties that are the subject of an ISCP Loan.
(b) As provided under section 68207, the Department, the State Board, a Regional Board, or a Local Oversight Program Agency under contract with the State Board will be the Administering Agency for a site that is the subject of a Loan from the CLEAN Loan Program.
(c) An Applicant for a Loan may not request that a different agency be designated as the Administering Agency by the Site Designation Committee created by section 25260 of the Health and Safety Code.
(d) Investigating Site Contamination Program (ISCP):
(1) The ISCP provides Loans to Eligible Applicants for the purpose of conducting Preliminary Endangerment Assessments (PEAs) of Brownfields, as defined, or Eligible Underutilized Properties;
(2) Loan funds will not be disbursed until execution of an ISCP Environmental Oversight Agreement under section 68211;
(3) Loan recipients shall agree to provide any and all PEA site assessment results to the Department if the Loan recipient does not proceed with the Project under section 68211; and
(4) Loans from the ISCP may not be used to pay for Ineligible Costs as defined in section 68202(r);
(e) Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Program:
(1) The CLEAN Loan Program provides Loans to Eligible Applicants for the purpose of performing actions necessary to Respond to the release or threatened release of a Hazardous Material including, but not limited to, site characterization, preparation of feasibility studies, public participation, preparation of remedy selection documents, actual construction and other cleanup activities on an Eligible Property. The CLEAN Loan Program does not include activities deemed Operation and Maintenance as determined by the Administering Agency;
(2) As a condition of obtaining a Loan, Loan recipients who are responsible parties as defined in section 25323.5 of the Health and Safety Code or are Persons subject to regulation under chapter 6.7 (commencing with section 25280) or chapter 6.75 (commencing with section 25299.10 of the Health and Safety Code) are required to complete all actions necessary to Respond to releases or threatened releases of a Hazardous Material on the Property as approved by the Administering Agency even if the Loan amount does not finance the full cost of such actions;
(3) Work undertaken using funds from the CLEAN Loan Program must be conducted by a qualified Project Coordinator with expertise in Hazardous Materials site investigation and cleanup. All engineering and geological work must be conducted in conformance with applicable State laws including, but not limited to, Business and Professions Code sections 6735 and 7835;
(4) Loan funds shall not be disbursed until execution of a CLEAN Loan Program Response Action Agreement with the Department or other enforceable agreement with another Administering Agency under section 68211; and
(5) Loans from the CLEAN Loan Program may not be used to pay for Ineligible Costs under section 68202(r).
Note: Authority cited: Sections 25150, 25260, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.27 and 25395.28, Health and Safety Code.
s 68202. Definitions.
Unless the context indicates otherwise and except as provided in this section, the definitions set forth in chapter 6.8 of division 20of the Health and Safety Code govern interpretation of this article. For the purposes of this article, the following definitions apply: (continued)