California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 45 - Requirements for Units and Facilities Deemed to Have a Permit by Rule › Article 5 - Requirements Applicable to the Operation of K-12 Schools Hazardous Waste Collection, Consolidation, and Accumulation Facilities (SHWCCAF) Deemed to Have a Permit by Rule › Section 67450.44 - Requirements Applicable to K-12 Schools Hazardous Waste Collection, Consolidation, and Accumulation Facilities Deemed to Have a Permit by Rule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner or
				  operator who operates a SHWCCAF deemed to have a permit by rule shall do all of
				  the following:
(1) Maintain compliance with
				  sections 66262.10 through
				  66262.44 (Generator Standards) and
				  article 8 of chapter 12 of this division (Transboundary Movements of Hazardous
				  Waste for Recovery or Disposal) for any hazardous wastes generated at the
				  SHWCCAF, except section
				  66262.41.
(2) Maintain compliance with sections
				  66264.175 (Containment) and
				  66265.148 (Incapacity of Owners or Operators, Guarantors, or Financial
				  Institutions) except as follows:
(A) The
				  engineering certification required by section
				  66264.175(c)
				  shall be provided by the manufacturer of the containment system, an independent
				  professional engineer registered in the State of California, or a registered
				  professional engineer employed by a local government entity associated with the
				  owner or operator of the SHWCCAF but not reporting to the SHWCCAF owner or
				  operator.
(3) Maintain
				  compliance with the following regulations in chapter 15 of this division:
(A) Article 2, General Facility Standards,
				  commencing with section
				  66265.10 (except sections
				  66265.12(b),
				  66265.13, and
				  66265.19).
(B) Article 3, Preparedness and Prevention,
				  commencing with section
				  66265.30.
(C) Article 4, Contingency Plan and Emergency
				  Procedures, commencing with section
				  66265.50 (except section
				  66265.53(b));
(D) Section
				  66265.71(c) of
				  Article 5, Manifest System, except as specified in section
				  66262.20(a)(1).
(E) Article 9, Use and Management of
				  Containers, commencing with section
				  66265.170. Except that the minimum
				  distance specified in section
				  66265.176 may, at the discretion
				  of the owner or operator, be less than 15 meters (50 feet) from the facility's
				  property line if the shorter distance minimizes the possibility of migration of
				  contaminants to any adjacent property should a release occur, meets the Uniform
				  Fire Code or local fire code requirements (whichever is more stringent), and
				  the owner or operator has written approval from all the appropriate local
				  agencies to use the shorter distance.
(F) Article 10, Tank Systems, commencing with
				  section 66265.190 (except section
				  66265.197(c)(2)).
(4) Prepare, maintain at the facility, and
				  operate in compliance with an operating record comprised of the items specified
				  in sections
				  67450.44(a)(6)(A)3
				  and 67450.45(a) of
				  this article, and the items specified below in subsections (A), (B), (C), and
				  (D) as follows:
(A) Procedures to be followed
				  to ensure that the SHWCCAF does not exceed the maximum hazardous waste volumes
				  and accumulation time limits established in subsections (a)(8) and (a)(9) of
				  this section. At a minimum, the plan shall include procedures to address the
				  following:
1. A system for identifying and
				  marking wastes with the waste volume and date received at the SHWCCAF. The
				  system shall address tracking the location of wastes according to the waste
				  volume and date received at the SHWCCAF and establishment of procedures for
				  removal of the oldest wastes as necessary to maintain compliance with both the
				  maximum waste volume provisions of subsection (a)(8) and waste accumulation
				  time limit provisions of subsection (a)(9).
2. Assessment of whether and when the volume
				  of wastes being brought to the SHWCCAF may cause the SHWCCAF to approach or
				  exceed the established facility maximum waste volumes;
3. Arrangements for immediate transportation
				  of wastes by a registered hazardous waste transporter to an authorized
				  treatment, storage or disposal facility, such that the established maximum
				  facility waste volumes and accumulation time limits shall not be
				  exceeded.
(B) Procedures
				  to be followed to ensure that the facility will be managed in an
				  environmentally safe manner in the event of inclement weather.
(C) A copy of the written protocol when
				  required by section
				  67450.44(a)(7)(B)3
				  for consolidation at the SHWCCAF of solvents, oil-based paints, or
				  gasoline.
(D) Procedures for
				  segregating and immediately removing from the SHWCCAF wastes prohibited from
				  management at the SHWCCAF. The owner or operator of the SHWCCAF shall remove
				  prohibited wastes from the SHWCCAF and transport them to an authorized
				  treatment, storage or disposal facility, in accordance with all applicable
				  regulations, within ten (10) days of receipt of the wastes at the SHWCCAF. The
				  owner or operator shall document these actions in the facility operating log
				  required by section
				  67450.45(a)(1).
(5) Maintain compliance with the
				  transportation requirements established in section
				  67450.46 of this
				  article.
(6) Maintain compliance
				  with Health and Safety Code section
				  25200.14,
				  except as specified below:
(A) Complete and
				  file a Phase I environmental assessment with the Department, or with a CUPA
				  authorized to implement Health and Safety Code section
				  25200.14
				  pursuant to Health and Safety Code section
				  25404.1,
				  within one year of commencing operation pursuant to section
				  66270.60 and article 5 of chapter
				  45.
1. The Phase I environmental assessment
				  required by Health and Safety Code section
				  25200.14
				  shall be limited to the area defined by the operational boundary of the
				  SHWCCAF. The assessment shall be conducted only on the area directly affected
				  by the operations of the SHWCCAF.
2. The certification required by Health and
				  Safety Code section
				  25200.14(d)
				  may be obtained from the owner, operator, or his or her designee, a
				  professional engineer registered in the State of California, a registered
				  geologist, or a registered environmental assessor.
3. The Phase I environmental assessment and
				  certification required by this section shall be submitted to the Department, or
				  CUPA authorized to implement Health and Safety Code section
				  25200.14
				  pursuant to Health and Safety Code section
				  25404.1.
				  A copy of the Phase I environmental assessment and the certification shall be
				  made part of the operating record required by subsection (a)(4) of this
				  section.
(7)
				  Consolidation of hazardous wastes at the SHWCCAF shall be conducted in
				  compliance with section
				  67450.42(d) of
				  this article, and as specified below:
(A)
				  Consolidation shall be conducted in a manner that prevents mixing of
				  incompatible wastes.
(B)
				  Consolidation shall be conducted in compliance with any applicable air quality
				  management district or air pollution control district requirements and any
				  applicable local fire agency requirements. In addition, consolidation shall be
				  conducted to include the following:
1. Every
				  reasonable effort shall be made to minimize the loss of volatile organic
				  compounds during any consolidation activities.
2. Emission of nuisance odors shall be
				  prevented during any consolidation activities.
3. If solvents, oil-based paints, or gasoline
				  are to be consolidated at the SHWCCAF and local air district or fire agency
				  requirements specific to that activity apply, the owner or operator of the
				  SHWCCAF shall develop, and operate in compliance with, written consolidation
				  procedures approved by the local fire and air quality management district or
				  air pollution control district having jurisdiction over the
				  SHWCCAF.
(C) All
				  consolidation shall be conducted within an area with secondary containment in
				  accordance with section
				  66264.175 if containers are used
				  for consolidation of the wastes, and section
				  66265.193 if tank systems are used
				  for the consolidation of wastes.
(8) The maximum quantity of hazardous wastes
				  accumulated at the SHWCCAF at any one time, including hazardous waste generated
				  by the SHWCCAF, shall not exceed 1,080 gallons or 8,800 pounds, whichever is
				  greater. If the volume of hazardous wastes being transported to the SHWCCAF is
				  such that the quantity limit will be exceeded, the owner or operator shall
				  immediately make arrangements for a registered hazardous waste transporter to
				  pick up wastes from the facility, such that the maximum quantity of hazardous
				  waste allowed at the SHWCCAF shall not be exceeded.
(9) Notwithstanding section
				  66262.34, the owner or operator of
				  a SHWCCAF may accumulate and store non-RCRA or RCRA hazardous waste, if
				  management of that waste at the SHWCCAF is exempt from or is not otherwise
				  regulated pursuant to the federal act, at the facility for up to one year from
				  the date of collection from contributing schools or the date of generation at
				  the SHWCCAF, as long as the maximum quantity of hazardous waste allowed at the
				  SHWCCAF is not exceeded.