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 2 - Permit Application › Section 66270.14 - Contents of Part B: General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Part B of the permit application consists
				  if the general information requirements of this section, and the specific
				  information requirements in sections
				  66270.14 through
				  66270.23 applicable to the
				  facility. The Part B information requirements presented in sections
				  66270.14 through
				  66270.23 reflect the standards
				  promulgated in chapter 14 of this division. These information requirements are
				  necessary in order for the Department to determine compliance with the chapter
				  14 standards. If owners and operators of hazardous waste management facilities
				  can demonstrate that the information prescribed in Part B cannot be provided to
				  the extent required, the Department may make allowance for submission of such
				  information on a case-by-case basis. Information required in Part B shall be
				  submitted to the Department and signed in accordance with requirements in
				  section 66270.11. Certain technical data,
				  such as design drawings and specifications, and engineering studies shall be
				  certified by an independent, qualified professional engineer registered in
				  California. Geologic plans, specifications, reports or documents shall be
				  prepared by or under the direction of, and shall be certified by, a geologist
				  registered in California. Calculations and technical data supporting the
				  certification need not be submitted with Part B but shall be retained by the
				  owner or operator and be available for review by the Department. For
				  postclosure permits, only the information specified in section
				  66270.28 is required in Part B of
				  the permit application.
(b) General
				  information requirements. The following information is required for all
				  hazardous waste management facilities, except as section
				  66264.1 provides otherwise:
(1) a general description of the
				  facility;
(2) chemical and physical
				  analyses of the hazardous waste and hazardous debris to be handled at the
				  facility. At a minimum, these analyses shall contain all the information which
				  must be known to transfer, treat, store or dispose of the wastes properly in
				  accordance with chapter 14 of this division;
(3) a copy of the waste analysis plan
				  required by section
				  66264.13(b) and,
				  if applicable section
				  66264.13(c);
(4) a description of the security procedures
				  and equipment required by section
				  66264.14, or a justification
				  demonstrating the reasons for requesting a waiver of this
				  requirement;
(5) a copy of the
				  general inspection schedule required by section
				  66264.15(b).
				  Include where applicable, as part of the inspection schedule, specific
				  requirements in sections
				  66264.174,
				  66264.193(i),
				  66264.195,
				  66264.226,
				  66264.254,
				  66264.273,
				  66264.303,
				  66264.602,
				  66264.1033,
				  66264.1052,
				  66264.1053,
				  66264.1058,
				  66264.1084,
				  66264.1085,
				  66264.1086, and
				  66264.1088;
(6) a justification of any request for a
				  waiver(s) of the preparedness and prevention requirements of chapter 14,
				  article 3 of this division;
(7) a
				  copy of the contingency plan required by chapter 14, article 4 of this
				  division. NOTE: Include, where applicable, as part of the contingency plan,
				  specific requirements in section
				  6264.227;
(8) a description of procedures, structures
				  or equipment used at the facility to:
(A)
				  prevent hazards in unloading operations (for example, ramps, special
				  forklifts);
(B) prevent runoff from
				  hazardous waste handling areas to other areas of the facility or environment,
				  or to prevent flooding (for example, berms, dikes, trenches);
(C) prevent contamination of water
				  supplies;
(D) mitigate effects of
				  equipment failure and power outages; and
(E) prevent undue exposure of personnel to
				  hazardous waste (for example, protective clothing); and
(F) Prevent releases to the
				  atmosphere.
(9) a
				  description of precautions to prevent accidental ignition or reaction of
				  ignitable, reactive or incompatible wastes as required to demonstrate
				  compliance with section
				  66264.17 including documentation
				  demonstrating compliance with section
				  66264.17(c);
(10) traffic pattern, estimated volume
				  (number, types of vehicles) and control (for example, show turns across traffic
				  lanes, and stacking lanes (if appropriate); describe access road surfacing and
				  load bearing capacity; show traffic control signals);
(11) facility location information:
(A) the owner or operator of a new facility
				  or a facility undergoing substantial modification (a Class 3 modification
				  specified in section
				  66270.42(c)
				  involving physical changes to the facility) shall demonstrate compliance with
				  the seismic standard. This demonstration may be made using either published
				  geologic data or data obtained from field investigations carried out by the
				  applicant. The information provided shall be of such quality to be acceptable
				  to geologists experienced in identifying and evaluating seismic activity. The
				  information submitted shall show that either:
1. no faults which have had displacement in
				  Holocene time are present, or no lineations which suggest the presence of a
				  fault (which have displacement in Holocene time) within 3,000 feet of a
				  facility are present, based on data from:
a.
				  published geologic studies,
b.
				  aerial reconnaissance of the area within a five-mile radius from the
				  facility;
c. an analysis of aerial
				  photographs covering a 3,000 foot radius of the facility, and
d. if needed to clarify the above data, a
				  reconnaissance based on walking portions of the area within 3,000 feet of the
				  facility, or
2. if faults
				  (to include lineations) which have had displacement in Holocene time are
				  present within 3,000 feet of a facility, no faults pass within 200 feet of the
				  portions of the facility where treatment, storage or disposal of hazardous
				  waste will be conducted, based on data from a comprehensive geologic analysis
				  of the site. Unless a site analysis is otherwise conclusive concerning the
				  absence of faults within 200 feet of such portions of the facility data shall
				  be obtained from a subsurface exploration (trenching) of the area within a
				  distance no less than 200 feet from portions of the facility where transfer,
				  treatment, storage or disposal of hazardous waste will be conducted. Such
				  trenching shall be performed in a direction that is perpendicular to known
				  faults (which have had displacement in Holocene time) passing within 3,000 feet
				  of the portions of the facility where transfer, treatment, storage or disposal
				  of hazardous waste will be conducted. Such investigation shall document with
				  supporting maps and other analyses, the location of faults
				  found;
(B) owners and
				  operators of all facilities shall provide an identification of whether the
				  facility is located within a 100 year floodplain. This identification shall
				  indicate the source of data for such determination and include a copy of the
				  relevant Federal Insurance Administration (FIA) flood map, if used, or the
				  calculations and maps used where an FIA map is not available. Information shall
				  also be provided identifying the 100-year flood level and any other special
				  flooding factors (e.g., wave action) which must be considered in designing,
				  constructing, operating or maintaining the facility to withstand washout from a
				  100-year flood;
(C) where maps for
				  the National Flood Insurance Program produced by the Federal Insurance
				  Administration (FIA) of the Federal Emergency Management Agency are available,
				  they will normally be determinative of whether a facility is located within or
				  outside of the 100-year floodplain. However, where the FIA map excludes an area
				  (usually areas of the floodplain less than 200 feet in width), these areas
				  shall be considered and a determination made as to whether they are in the
				  100-year floodplain. Where FIA maps are not available for a proposed facility
				  location, the owner or operator shall use equivalent mapping techniques to
				  determine whether the facility is within the 100-year floodplain, and if so
				  located, what the 100-year flood elevation would be;
(D) owners and operators of facilities
				  located in the 100-year floodplain shall provide the following information:
1. engineering analysis to indicate the
				  various hydrodynamic and hydrostatic forces expected to result at the site as
				  consequence of a 100-year flood;
2.
				  structural or other engineering studies showing the design of operational units
				  (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls,
				  dikes) at the facility and how these will prevent washout;
3. if applicable, and in lieu of subsections
				  (b)(11)(D) l. and 2. of this section, a detailed description of procedures to
				  be followed to remove hazardous waste to safety before the facility is flooded,
				  including:
a. timing of such movement
				  relative to flood levels, including estimated time to move the waste, to show
				  that such movement can be completed before floodwaters reach the
				  facility;
b. a description of the
				  location(s) to which the waste will be moved and demonstration that those
				  facilities will be eligible to receive hazardous waste in accordance with the
				  regulations under chapters 14, 15, 16, 20 and 21 of this division;
c. the planned procedures, equipment and
				  personnel to be used and the means to ensure that such resources will be
				  available in time for use;
d. the
				  potential for accidental discharges of the waste during
				  movement;
(E)
				  existing facilities NOT in compliance with section
				  66264.18(b) shall
				  provide a plan showing how the facility will be brought into compliance and a
				  schedule for compliance;
(F) the
				  owners and operators of surface impoundments, waste piles, land treatment
				  facilities and landfills shall provide information regarding the depth to the
				  saturated zone or groundwater table, including seasonal high levels for
				  groundwater, known aquifers beneath the site and any aquifers having hydraulic
				  continuity;
(12) an
				  outline of both the introductory and continuing training programs by owners or
				  operators to prepare persons to operate or maintain the hazardous waste
				  management facility in a safe manner as required to demonstrate compliance with
				  section 66264.16. A brief description of
				  how training will be designed to meet actual job tasks in accordance with
				  requirements in section
				  66264.16(a)(3);
(13) a copy of the closure plan and, where
				  applicable, the postclosure plan required by sections
				  66264.112,
				  66264.118 and
				  66264.197. Include, where
				  applicable, as part of the plans, specific requirements in sections
				  66264.178,
				  66264.197,
				  66264.228,
				  66264.258,
				  66264.280,
				  66264.310,
				  66264.351,
				  66264.601 and
				  66264.603;
(14) for hazardous waste disposal units that
				  have been closed, documentation that notices required under section
				  66264.119 have been
				  filed;
(15) the most recent closure
				  cost estimate for the facility prepared in accordance with section
				  66264.142 and a copy of the
				  documentation required to demonstrate financial assurance under section
				  66264.143. For a new facility, a
				  copy of the required documentation may be submitted 60 days prior to the
				  initial receipt of hazardous wastes, if that is later than the submission of
				  the Part B;
(16) where applicable,
				  the most recent post closure cost estimate for the facility prepared in
				  accordance with section
				  66264.144 plus a copy of the
				  documentation required to demonstrate financial assurance under section
				  66264.145. For a new facility, a
				  copy of the required documentation may be submitted 60 days prior to the
				  initial receipt of hazardous wastes, if that is later than the submission of
				  the Part B;
(17) where applicable,
				  a copy of the insurance policy or other documentation which comprises
				  compliance with the requirements of section
				  66264.147. For a new facility,
				  documentation showing the amount of insurance meeting the specification of
				  section 66264.147(a) and,
				  if applicable, section
				  66264.147(b),
				  that the owner or operator plans to have in effect before initial receipt of
				  hazardous waste for transfer, treatment, storage or disposal. A request for a
				  variance in the amount of required coverage, for a new or existing facility,
				  may be submitted as specified in section
				  66264.147(c);
(18) a topographic map showing a distance of
				  2000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to
				  not more than 61.0 meters (200 feet). Contours shall be shown on the map. The
				  contour interval shall be sufficient to clearly show the pattern of surface
				  water flow in the vicinity of and from each operational unit of the facility.
				  For example, contours with an interval of 1.5 meters (5 feet), if relief is
				  greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if
				  relief is less than 6.1 meters (20 feet). Owners and operators of hazardous
				  waste management facilities located in mountainous areas should use larger
				  contour intervals to adequately show topographic profiles of facilities. The
				  map shall clearly show the following:
(A) map
				  scale and date;
(B) 100-year
				  floodplain area;
(C) surface waters
				  including intermittent streams;
(D)
				  surrounding land uses (residential, commercial, agricultural,
				  recreational);
(E) a wind rose
				  (i.e., prevailing wind-speed and direction);
(F) orientation of the map (north
				  arrow);
(G) legal boundaries of the
				  hazardous waste management facility site;
(H) access control (fences, gates);
(I) injection and withdrawal wells both
				  onsite and offsite;
(J) buildings;
				  transfer, treatment, storage or disposal operations; or other structure
				  (recreation areas, run-off control systems, access and internal roads, storm,
				  sanitary and process sewerage systems, loading and unloading areas, fire
				  control facilities, etc.);
(K)
				  barriers for drainage or flood control;
(L) location of operational units within the
				  hazardous waste management facility site, where hazardous waste is (or will be)
				  transferred, treated, stored or disposed (include equipment cleanup
				  areas);
(19) any
				  additional information related to the proposed activity or facility which is
				  requested by the Department;
(20)
				  for land disposal facilities, if a case-by-case extension for RCRA wastes has
				  been approved by USEPA under 40 CFR Section 268.5 and by the
				  Department under section
				  66268.5 or a petition has been
				  approved under section
				  66268.6, copies of the notices of
				  approval for the extension or petition are required. If a variance for non RCRA
				  wastes has been granted by the Department under Health and Safety Code section
				  25143
				  and section
				  66260.210 of this division, a copy
				  of the letter granting the variance is required;
(21) For facilities applying for RCRA
				  permits, a summary of the pre-application meeting, along with a list of
				  attendees and their addresses, and copies of any written comments or materials
				  submitted at the meeting, as required under section
				  66271.31(c).
(22) When applicable, the most recent
				  corrective action cost estimate for the facility prepared in accordance
				  sections 66264.100,
				  66264.101 and
				  66264.708, and a copy of the
				  documentation required to demonstrate financial assurance for monitoring and
				  completing such corrective action. For a new facility, a copy of the required
				  documentation may be submitted sixty (60) days prior to the initial receipt of
				  hazardous waste, if that is later than the submission of the Part B.
(23) Community Involvement Profile.
A community involvement profile (Profile) needs to include
					 only reasonably available information for the surrounding community. The
					 surrounding community for purposes of the Profile must include the United
					 States census tract in which the facility is located. If the facility is
					 located in a census tract that has a population of less than 2,000 people, any
					 other census tracts located within one (1) mile of the facility must also be
					 included in the surrounding community. The Profile must include all of the
					 following:
(A) Project Description.
				  The applicant shall provide a description of the proposed hazardous waste
				  facility that includes all of the following:
1. the activities to be conducted by the
				  owner or operator that require a hazardous waste facility permit as specified
				  in subsections
				  66270.13(a) and
				  66270.13(i);
2. the hazardous waste facility site address,
				  or, if a street address is not available, an equivalent description of the
				  facility's location;
3. the county
				  assessor's parcel number(s) or a description of the legal boundaries of the
				  facility site as provided in subsection
				  66270.14(b)(18)(G);
				  and
4. the surrounding land uses
				  and zoning designations within 2,000 feet of the facility's boundaries as
				  specified in subsection
				  66270.14(b)(18)(D).
(B) Surrounding Community Demographics. The
				  applicant shall provide a preliminary identification and summary of the
				  following relevant demographic characteristics as defined by the United States
				  Census Bureau regarding the surrounding community for the most current year.
				  These factors must include the following identified for each census tract:
1. age structure;
2. educational attainment;
3. household income;
4. languages spoken in the home;
5. linguistic isolation or ability to speak
				  English;
6. population size, and
				  population projections, if available;
7. race and ethnicity data; and
8. unemployment rate.
(C) Surrounding Community Issues. The
				  applicant shall identify known health or environmental concerns relevant to the
				  facility's operation, hazardous waste activities, or facility modifications
				  that have been asserted by the public or government agencies since the last
				  hazardous waste facility permit issuance date.
(D) Surrounding Community Interest. The
				  applicant shall summarize or describe any known public activities regarding the
				  hazardous waste facility within the last five (5) years. This may include any
				  public meetings or hearings.
(E)
				  Sensitive Receptors. The applicant shall identify sensitive receptors in the
				  surrounding community. These include all schools, child care facilities,
				  hospitals, elderly housing, elder care facilities, or convalescent
				  facilities.
(F) Location of Tribal
				  Lands. The applicant shall identify tribal lands in the surrounding community
				  that are owned either by an individual Indian or a tribe, the title to which is
				  held in trust by the federal government or a Native American tribe located in
				  California that is on the contact list maintained by the Native American
				  Heritage Commission for the purposes of Chapter 905 of the Statutes of
				  2004.
(G) Potential Offsite
				  Sources. The applicant shall identify and provide the locations of any
				  potential offsite handlers of hazardous materials or hazardous waste within the
				  surrounding community. These offsite sources must include the identification of
				  the following:
1. other hazardous waste
				  facilities;
2. large quantity
				  generators of hazardous waste;
3.
				  sites identified by the Department pursuant to Health and Safety Code section
				  65962.5
				  (Cortese List);
4. entities or
				  industrial facilities required to report under the Toxics Release Inventory
				  Program pursuant to Emergency Planning and Community Right-to-Know Act, section
				  313 (42 U.S.C. §
														11023 and 40 CFR Part 372);
5. entities or industrial facilities handling
				  or storing any hazardous materials that are required to report under section
				  312 of the Emergency Planning and
				  Community Right-to-Know Act (42 U.S.C. §
														11022 and 40 CFR
				  Part 355); and
6. transportation
				  corridors in relation to the facility, including freeways, major state vehicle
				  routes, seaports, airports, and
				  railyards.