25200.5
. (a) Except as provided in Sections 25200.7 and 25200.9,
any person who desires to continue the use or operation of a
hazardous waste facility which was in existence on November 19, 1980,
or which was in existence on the effective date of any statute or
regulation which subjected that facility to hazardous waste
facilities permit requirements under this chapter, pending the review
and decision of the department on the permit application, may be
granted interim status by the department if the person has made
application for a permit pursuant to Section 25200, or has made
application pursuant to Section 25201.6, and, if treating a waste
regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
(b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
(1) Treat, store, transfer, or dispose of hazardous wastes which
are not specified in Part A of the permit application.
(2) Employ processes not described in Part A of the permit
application.
(3) Exceed the design capacities specified in Part A of the permit
application.
(c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to any conditions
which the department deems necessary to protect public health or the
environment. Interim status shall not be valid beyond the date of the
decision of the department on the permit application.
(d) The department shall not grant interim status to any person to
operate a hazardous waste facility if the facility has been subject
to any of the following actions:
(1) Denial of a hazardous waste facilities permit.
(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
(3) Termination of a grant of interim status.
(e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
(f) Any land disposal facility, as defined in subdivision (h) of
Section 25179.3, which lost interim status pursuant to paragraph (2)
or (3) of subsection (e) of Section 6925 of Title 42 of the United
States Code is deemed to have lost interim status granted under this
section to operate a facility managing hazardous waste regulated
pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.).
(g) The termination date for interim status for any land disposal
facility, as defined in subdivision (h) of Section 25179.3, which is
in existence on the effective date of any statute or the regulation
adopted pursuant to that statute which subjects the facility to
hazardous waste facilities permit requirements under this chapter,
and which is granted interim status under this section, is the date
12 months after the date on which the facility first becomes subject
to the hazardous waste facilities permit requirements, unless one of
the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility does both of the
following:
(A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
(B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(h) The termination date for interim status for any incinerator
facility which submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
(i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), which
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1988.
(j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200, which was filed before
November 8, 1984, for an offsite hazardous waste facility subject to
subdivision (i), and not subject to Section 25200.7 or 25200.11. In
taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.
(k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.