California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 20 - The Hazardous Waste Permit Program › Article 3 - Permit Conditions › Section 66270.30 - Conditions Applicable to All Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following conditions apply to all permits. All
					 conditions applicable to permits shall be incorporated into the permits either
					 expressly or by reference. If incorporated by reference, a specific citation to
					 the appropriate regulations shall be given in the permit.
(a) Duty to comply. The permittee shall
				  comply with all conditions of this permit, except that the permittee need not
				  comply with the conditions of this permit to the extent and for the duration
				  such noncompliance is authorized in an emergency permit. (See section
				  66270.61). Any permit
				  noncompliance, except under the terms of an emergency permit, constitutes a
				  violation of the appropriate statute or regulation and is grounds for
				  enforcement action; for permit termination, revocation and reissuance, or
				  modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes
				  to continue an activity regulated by this permit after the expiration date of
				  this permit, the permittee shall apply for and obtain a new permit.
(c) Need to halt or reduce activity not a
				  defense. It shall not be a defense for a permittee in an enforcement action
				  that it would have been necessary to halt or reduce the permitted activity in
				  order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the
				  permit, the permittee shall take all reasonable steps to minimize or correct
				  releases to the environment, and shall carry out all measures as are reasonable
				  to prevent and correct adverse impacts on human health or the
				  environment.
(e) Proper operation
				  and maintenance. The permittee shall at all times properly operate and maintain
				  all facilities and systems of treatment and control (and related appurtenances)
				  which are installed or used by the permittee to achieve compliance with the
				  conditions of this permit. Proper operation and maintenance includes effective
				  performance, adequate funding, adequate operator staffing and training, and
				  adequate laboratory and process controls, including appropriate quality
				  assurance procedures. This provision requires the operation of back-up or
				  auxiliary facilities or similar systems only when necessary to achieve
				  compliance with the conditions of the permit.
(f) Permit actions. This permit may be
				  modified, revoked and reissued, or terminated for cause. The filing of a
				  request by the permittee for a permit modification, revocation and reissuance,
				  or termination, or a notification of planned changes or anticipated
				  noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not
				  convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The
				  permittee shall furnish to the Department, within a reasonable time, not to
				  exceed 30 days unless a time extension is approved by the Department, any
				  relevant information which the Department may request to determine whether
				  cause exists for modifying, revoking and reissuing, or terminating this permit,
				  or to determine compliance with this permit. The permittee shall also furnish
				  to the Department, upon request, copies of records required to be kept by this
				  permit.
(i) Inspection and entry.
				  The permittee shall allow an authorized representative of the Department, the
				  State Water Resources Control Board or a Regional Water Quality Control Board,
				  upon the presentation of credentials and other documents as may be required by
				  law to:
(1) enter at reasonable times upon
				  the permittee's premises where a regulated facility or activity is located or
				  conducted, or where records must be kept under the conditions of this
				  permit;
(2) have access to and
				  copy, at reasonable times, any records that must be kept under the conditions
				  of this permit;
(3) inspect at
				  reasonable times any facilities, equipment (including monitoring and control
				  equipment), practices, or operations regulated or required under this permit;
				  and
(4) sample or monitor at
				  reasonable times, for the purposes of assuring permit compliance or as
				  otherwise authorized by law, any substances or parameters at any
				  location.