25200.3
. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), if the treatment complies with the applicable
requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent acid
or base constituents by weight, the volume treated in a single batch
at any one time shall not exceed 500 gallons.
(10) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1998, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, not
later than January 1, 1997, those activities eligible for conditional
authorization and those activities subject to permit-by-rule. In
adopting regulations under this subparagraph, the department shall
consider all of the following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(11) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (11) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety or the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section.
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which the waste was released, the generator shall take every
action necessary to expeditiously remediate that contamination, if
the contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating the
contamination pursuant to, and in compliance with the provisions of,
an order issued by a California regional water quality control board
or other state or federal environmental enforcement agency, that
remediation shall be adequate for the purposes of complying with this
section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety or the
environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section, is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The best feasible leak detection measures which are
sufficient to ensure that underground gravity-pressured sewer
systems, for which it is not feasible to conduct integrity testing,
do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to leak
shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department and the unified program agency that the
requirements and conditions of this section are met, including
compliance with all applicable pretreatment standards and with all
applicable industrial waste discharge requirements issued by the
agency operating the publicly owned treatment works into which the
wastes are discharged. The records shall be maintained onsite for a
period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste in order to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
(3) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements that were in effect on January 1, 1996, and
apply to hazardous waste facilities permit applications, shall be on
a form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(h) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall conduct
the revocation of a conditional authorization granted pursuant to
this section in accordance with Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to one of the
following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Each amended notification shall be completed, dated, and
signed in accordance with the requirements of Section 66270.11 of
Title 22 of the California Code of Regulations, as those requirements
apply to hazardous waste facilities permit applications.
(l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (a) of Section 25205.14
until that person submits a certification that the generator has
ceased all treatment activities of hazardous waste streams authorized
pursuant to this section in accordance with the requirements of
subdivision (g). The certification required by this subdivision shall
be submitted, in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.