25201.6
. (a) For purposes of this section and Section 25205.2, the
following terms have the following meaning:
(1) "Series A standardized permit" means a permit issued to a
facility that meets one or more of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is
greater than 50,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated is greater
than 100,000 pounds per calendar month.
(C) The total facility storage design capacity is greater than
500,000 gallons for liquid hazardous waste.
(D) The total facility storage design capacity is greater than 500
tons for solid hazardous waste.
(E) A volume of liquid or solid hazardous waste is stored at the
facility for more than one calendar year.
(2) "Series B standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not exceed any of
the upper volume limits specified in subparagraphs (A) to (D),
inclusive, and that meets one or more of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is
greater than 5,000 gallons, but does not exceed 50,000 gallons, per
calendar month.
(B) The total volume of solid hazardous waste treated is greater
than 10,000 pounds, but does not exceed 100,000 pounds, per calendar
month.
(C) The total facility storage design capacity is greater than
50,000 gallons, but does not exceed 500,000 gallons, for liquid
hazardous waste.
(D) The total facility storage design capacity is greater than
100,000 pounds, but does not exceed 500 tons, for solid hazardous
waste.
(3) "Series C standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not conduct thermal
treatment of hazardous waste, with the exception of evaporation, and
that either meets the requirements of paragraph (3) of subdivision
(g) or meets all of the following conditions:
(A) The total influent volume of liquid hazardous waste treated
does not exceed 5,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated does not
exceed 10,000 pounds per calendar month.
(C) The total facility storage design capacity does not exceed
50,000 gallons for liquid hazardous waste.
(D) The total facility storage design capacity does not exceed
100,000 pounds for solid hazardous waste.
(b) The department shall adopt regulations specifying standardized
hazardous waste facilities permit application forms that may be
completed by a non-RCRA Series A, B, or C treatment, storage, or
treatment and storage facility, in lieu of other hazardous waste
facilities permit application procedures set forth in regulations.
The department shall not issue permits under this section to specific
classes of facilities unless the department finds that doing so will
not create a competitive disadvantage to a member or members of that
class that were in compliance with the permitting requirements which
were in effect on September 1, 1992.
(c) The regulations adopted pursuant to subdivision (b) shall
include all of the following:
(1) Require that the standardized permit notification be submitted
to the department on or before October 1, 1993, for facilities
existing on or before September 1, 1992, except for facilities
specified in paragraphs (2) and (3) of subdivision (g). The
standardized permit notification shall include, at a minimum, the
information required for a Part A application as described in the
regulations adopted by the department.
(2) Require that the standardized permit application be submitted
to the department within six months of the submittal of the
standardized permit notification. The standardized permit application
shall require, at a minimum, that the following information be
submitted to the department for review prior to the final permit
determination:
(A) A description of the treatment and storage activities to be
covered by the permit, including the type and volumes of waste, the
treatment process, equipment description, and design capacity.
(B) A copy of the closure plan as required by paragraph (13) of
subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(C) A description of the corrective action program, as required by
Section 25200.10.
(D) Financial responsibility documents specified in paragraph (17)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(E) A copy of the topographical map as specified in paragraph (18)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(F) A description of the individual container, and tank and
containment system, and of the engineer's certification, as specified
in Sections 66270.15 and 66270.16 of Title 22 of the California Code
of Regulations.
(G) Documentation of compliance, if applicable, with the
requirements of Article 8.7 (commencing with Section 25199).
(3) Require that a facility operating pursuant to a standardized
permit comply with the liability assurance requirements in Section
25200.1.
(4) Specify which of the remaining elements of the permit
application, as described in subdivision (b) of Section 66270.14 of
Title 22 of the California Code of Regulations, shall be the subject
of a certification of compliance by the applicant.
(5) Establish a procedure for imposing an administrative penalty
pursuant to Section 25187, in addition to any other penalties
provided by this chapter, upon an owner or operator of a treatment or
storage facility that is required to obtain a hazardous waste
facilities permit and that meets the criteria for a Series A, B, or C
permit listed in subdivision (a), who does not submit a standardized
permit notification to the department on or before the submittal
deadline specified in paragraph (1) or the submittal deadline
specified in paragraph (2) or (3) of subdivision (g), whichever date
is applicable, and who continues to operate the facility without
obtaining a hazardous waste facilities permit or other grant of
authorization from the department after the applicable deadline for
submitting the notification to the department. In determining the
amount of the administrative penalty to be assessed, the regulations
shall require the amount to be based upon the economic benefit gained
by that owner or operator as a result of failing to comply with this
section.
(6) Require that a facility operating pursuant to a standardized
permit comply, at a minimum, with the interim status facility
operating requirements specified in the regulations adopted by the
department, except that the regulations adopted pursuant to this
section may specify financial assurance amounts necessary to
adequately respond to damage claims at levels that are less than
those required for interim status facilities if the department
determines that lower financial assurance levels are appropriate.
(d) (1) Any regulations adopted pursuant to this section may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(2) On and before January 1, 1995, the adoption of the regulations
pursuant to paragraph (1) is an emergency and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.
(e) The department may not grant a permit under this section
unless the department has determined the adequacy of the material
submitted with the application and has conducted an inspection of the
facility and determined all of the following:
(1) The treatment process is an effective method of treating the
waste, as described in the permit application.
(2) The corrective action plan is appropriate for the facility.
(3) The financial assurance is sufficient for the facility.
(f) (1) Interim status shall not be granted to a facility that
does not submit a standardized permit notification on or before
October 1, 1993, unless the facility is subject to paragraph (2) or
(3) of subdivision (g).
(2) Interim status shall be revoked if the permit application is
not submitted within six months of the permit notification.
(3) Interim status granted to any facility pursuant to this
section and Sections 25200.5 and 25200.9 shall terminate upon a final
permit determination or January 1, 1998, whichever date is earlier.
This paragraph shall apply retroactively to facilities for which a
final permit determination is made on or after September 30, 1995.
(4) A treatment, storage, or treatment and storage facility
operating pursuant to interim status that applies for a permit
pursuant to this section shall pay fees to the department in an
amount equal to the fees established by subdivision (e) of Section
25205.4 for the same size and type of facility.
(g) (1) Except as provided in paragraphs (2), (3), and (4), a
facility treating used oil or solvents, or that engages in
incineration, thermal destruction, or any land disposal activity, is
not eligible for a standardized permit pursuant to this section.
(2) (A) Notwithstanding paragraph (1), an offsite facility
treating solvents is eligible for a standardized permit pursuant to
this section if all of the following conditions are met:
(i) The facility exclusively treats solvent wastes, and is not
required to obtain a permit pursuant to the federal act.
(ii) The solvent wastes that the facility treats are only the
types of solvents generated from dry cleaning operations.
(iii) Ninety percent or more of the solvents that the facility
receives are from dry cleaning operations.
(iv) Ninety percent or more of the solvents that the facility
receives are recycled and sold by the facility, excluding recycling
for energy recovery, provided that the facility does not produce more
than 15,000 gallons per month of recycled solvents.
(B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1995, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1995.
(C) A facility treating solvents pursuant to this paragraph shall
clearly label all recycled solvents as recycled prior to subsequent
sale or distribution.
(D) Notwithstanding that a facility eligible for a standardized
permit pursuant to this paragraph meets the eligibility requirements
for a Series C standardized permit specified in paragraph (3) of
subdivision (a), the facility shall obtain and meet the requirements
for a Series B standardized permit specified in paragraph (2) of
subdivision (a).
(E) Notwithstanding any other provision of this chapter, for
purposes of this paragraph, if the recycled material is to be used
for dry cleaning, "recycled" means the removal of water and
inhibitors from waste solvent and the production of dry cleaning
solvent with an appropriate inhibitor for dry cleaning use. The
removal of inhibitors is not required if all of the solvents received
by the facility that are recycled for dry cleaning use are from dry
cleaners.
(3) (A) Notwithstanding paragraph (1), an owner or operator with a
surface impoundment used only to contain non-RCRA wastes generated
onsite, that holds those wastes for not more than one 30-day period
in any calendar year, and that meets the criteria specified in
paragraphs (i) to (iii), inclusive, may submit a Series C
standardized permit application to the department. A surface
impoundment is eligible for operation under the Series C standardized
permit tier if all of the following requirements are met:
(i) The waste and any residual materials are removed from the
surface impoundment within 30 days of the date the waste was first
placed into the surface impoundment.
(ii) The owner or operator has, and is in compliance with, current
waste discharge requirements issued by the appropriate California
regional water quality control board for the surface impoundment.
(iii) The owner or operator complies with all applicable
groundwater monitoring requirements of the regulations adopted by the
department pursuant to this chapter.
(B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1996, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1996.
(4) For purposes of this subdivision, treating solvents and
thermal destruction do not include the destruction of nonmetal
constituents in a thermal treatment unit that is operated solely for
the purpose of the recovery of precious metals, if that unit is
operating pursuant to a standardized permit issued by the department
and the unit is in compliance with the applicable requirements of
Division 26 (commencing with Section 39000). This paragraph does not
prohibit the department from specifying, in the standardized permit
for such a unit, a maximum concentration of nonmetal constituents, if
the department determines that this requirement is necessary for
protection of human health or safety or the environment.
(h) Facilities operating pursuant to this section shall comply
with Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(i) (1) The department shall require an owner or operator applying
for a standardized permit to complete and file a phase I
environmental assessment with the application. However, if a RCRA
facility assessment has been performed by the department, the
assessment shall be deemed to satisfy the requirement of this
subdivision to complete and file a phase I environmental assessment,
and the facility shall not be required to submit a phase I
environmental assessment with its application.
(2) (A) For purposes of this subdivision, the phase I
environmental assessment shall include a preliminary site assessment,
as described in subdivision (a) of Section 25200.14, except that the
phase I environmental assessment shall also include a certification,
signed, except as provided in subparagraph (B), by the owner, and
also by the operator if the operator is not the owner, of the
facility and an independent professional engineer or geologist
registered in the state, or environmental assessor.
(B) Notwithstanding subparagraph (A), the certification for a
permanent household waste collection facility may be signed by any
professional engineer or geologist registered in this state, or
environmental assessor, including, but not limited to, such a person
employed by the governmental entity, but if the facility owner is not
a governmental entity, the engineer, geologist, or assessor signing
the certification shall not be employed by, or be an agent of, the
facility owner.
(3) The certification specified in paragraph (2) shall state
whether evidence of a release of hazardous waste or hazardous
constituents has been found.
(4) If evidence of a release has been found, the facility shall
complete a detailed site assessment to determine the nature and
extent of any contamination resulting from the release and shall
submit a corrective action plan to the department, within one year of
submittal of the standardized permit application.
(j) The department shall establish an inspection program to
identify, inspect, and bring into compliance any treatment, storage,
or treatment and storage facility that is eligible for, and is
required to obtain, a standardized hazardous waste facilities permit
pursuant to this section, and that is operating without a permit or
other grant of authorization from the department for that treatment
or storage activity.
(k) A treatment, storage, or treatment and storage facility
authorized to operate pursuant to a hazardous waste facilities permit
issued pursuant to Section 25200, that meets the criteria listed in
subdivision (a) for a standardized permit, may operate pursuant to a
Series A, B, or C standardized permit by completing the appropriate
permit modification procedure specified in the regulations for such a
modification.