reglab/statecodes huggingface dataset:
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 5 - Expiration and Continuation of Permits › Section 66270.66 - Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. Owners
				  and operators of new boilers and industrial furnaces (those not operating under
				  the interim status standards of section
				  66266.103 of chapter 16) are
				  subject to subsections (b) through (f) of this section. Boilers and industrial
				  furnaces operating under the interim status standards of section
				  66266.103 of chapter 16 are
				  subject to subsection (g) of this section.
(b) Permit operating periods for new boilers
				  and industrial furnaces. A permit for a new boiler or industrial furnace shall
				  specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period
				  beginning with initial introduction of hazardous waste and ending with
				  initiation of the trial burn, and only for the minimum time required to bring
				  the boiler or industrial furnace to a point of operational readiness to conduct
				  a trial burn, not to exceed 720 hours operating time when burning hazardous
				  waste, the Director shall establish in the Pretrial Burn Period of the permit
				  conditions, including but not limited to, allowable hazardous waste feed rates
				  and operating conditions. The Director may extend the duration of this
				  operational period once, for up to 720 additional hours, at the request of the
				  applicant when good cause is shown. The permit may be modified to reflect the
				  extension according to section
				  66270.42.
(A) Applicants shall submit a statement, with
				  part B of the permit application, that suggests the conditions necessary to
				  operate in compliance with the standards of sections
				  66266.104 through
				  66266.107 of chapter 16 during
				  this period. This statement should include, at a minimum, restrictions on the
				  applicable operating requirements identified in section
				  66266.102(e) of
				  chapter 16.
(B) The Director will
				  review this statement and any other relevant information submitted with part B
				  of the permit application and specify requirements for this period sufficient
				  to meet the performance standards of sections
				  66266.104 through
				  66266.107 of chapter 16 based on
				  the Director's engineering judgment.
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 5 - Expiration and Continuation of Permits › Section 66270.67 - Transportable Treatment Unit Standardized Permit. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-14-2001; operative 6-13-2001 (Register 2001, No.
					 20).
2. Renumbering of former section
					 66270.67 to new section
					 66270.69.5 filed 9-6-2007;
					 operative 10-6-2007 (Register 2007, No. 36).
Note: Authority cited: Sections
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25150
						and
						25200.2,
						Health and Safety Code.
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 5 - Expiration and Continuation of Permits › Section 66270.69 - Standardized Permit. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 66270.66 to new section
					 66270.69 and amendment of NOTE
					 filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
2. Change
					 without regulatory effect repealing subsection (d) filed 4-4-2002 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2002, No. 14).
3. Renumbering of former
					 section 66270.69 to new section
					 66270.69.1 filed 9-6-2007;
					 operative 10-6-2007 (Register 2007, No. 36).
Note: Authority cited: Sections
						25150,
						25201.6,
						58004
						and
						58012,
						Health and Safety Code. Reference: Sections
						25150,
						25201.6
						and
						25250.1,
						Health and Safety Code.
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 6.5 - Standardized Permits › Section 66270.69.1 - Standardized Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding any other provisions of this division, offsite or onsite
				  treatment or storage activities, other than those specified in paragraphs (1)
				  through (3) of this section, that do not require a permit under the federal act
				  may be eligible for a standardized permit pursuant to section
				  25201.6
				  of the Health and Safety Code. The following are not eligible for a
				  standardized permit:
(1) used oil recycling
				  activities as defined in Health and Safety Code section
				  25250.1;
(2) recycling or reclamation of federally
				  regulated solvents identified by EPA hazardous waste numbers F001, F002, F003,
				  F004 and F005 pursuant to 40 Code of Federal Regulations section
				  261.31; and
(3) units that are not authorized to operate
				  pursuant to Title 22, California Code of Regulations, Division 4.5, Chapter 14
				  or Chapter 15 that engage in incineration, thermal destruction or land disposal
				  activities.
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 6.5 - Standardized Permits › Section 66270.69.2 - Application for a Standardized Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant who conducts or wishes to
				  conduct an activity that qualifies for a standardized permit pursuant to Health
				  and Safety Code section
				  25201.6
				  and section
				  66270.69.1 of this article, shall
				  submit an application package that includes information equivalent to the
				  following portions of chapters 14, 20 and 21 of title 22, division 4.5 of the
				  California Code of Regulations:
(1) Articles
				  1 through 5, 7, 8, 9 and 10 of chapter 14. The applicant may comply with the
				  financial responsiblity requirements of section
				  66270.69.4 of this article in lieu
				  of the financial responsibility requirements of article 8 of chapter
				  14;
(2) Article 1, sections
				  66270.10 through
				  66270.16 of article 2, and
				  articles 3 through 5 of chapter 20; and
(3) Article 1 of chapter
				  21.
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 6.5 - Standardized Permits › Section 66270.69.3 - Requirements for Standardized Permit Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A facility with an existing permit issued
				  pursuant to Health and Safety Code section
				  25200
				  may have its permit converted directly to a standardized permit, using the
				  Class 1 permit modification procedures as specified in section
				  66270.42 or
				  66270.42.5. In addition to all
				  other applicable requirements, the owner or operator of a facility eligible for
				  the standardized permit tier pursuant to section
				  66270.69.1 shall comply with all
				  of the following:
(1) Articles 1 through 5, 7,
				  9 and 10 of title 22, Chapter 14 of this division;
(2) section
				  66264.175 regarding secondary
				  containment for containers; and
(3)
				  section 66270.69.4 regarding financial
				  responsibility compliance.
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 6.5 - Standardized Permits › Section 66270.69.5 - Transportable Treatment Unit Standardized Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner or operator of a TTU that
				  treats reactive wastes or extremely hazardous wastes, the treatment of which
				  does not require a permit under the federal act, is eligible for a TTU
				  Standardized Permit, except when conducting the following activities:
(1) used oil recycling activities as defined
				  in Health and Safety Code section
				  25250.1;
(2) recycling or reclamation of federally
				  regulated solvents identified by EPA hazardous waste numbers F001, F002, F003,
				  F004 and F005 pursuant to 40
				  CFR section 261.31.
(3) operating treatment units that are not
				  authorized pursuant to Title 22, California Code of Regulations, Division 4.5,
				  Chapter 14 or Chapter 15 that engage in incineration, thermal destruction or
				  land disposal activities.
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 7 - Interim Status › Section 66270.70 - Qualifying for Interim Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person who owns or operates an
				  "existing HWM facility" or a facility in existence on the effective date of
				  statutory or regulatory amendments under the Act that render the facility
				  subject to the requirement to have a permit shall have interim status and shall
				  be treated as having been issued a permit to the extent the owner or operator
				  has:
(1) complied with the requirements of
				  Health and Safety Code section
				  25153.6
				  pertaining to notification of hazardous waste activity. Existing facilities not
				  required to file a notification under Health and Safety Code section
				  25153.6
				  shall qualify for interim status by meeting subsection (a)(2) of this
				  section;
(2) complied with the
				  requirements of section
				  66270.10 governing a submission of
				  Part A applications.
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 7 - Interim Status › Section 66270.71 - Operation During Interim Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the interim status period the
				  facility shall not:
(1) transfer, treat,
				  store, or dispose of hazardous waste not specified in Part A of the permit
				  application;
(2) employ processes
				  not specified in Part A of the permit application; or
(3) exceed the design capacities specified in
				  Part A of the. permit application.
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 7 - Interim Status › Section 66270.73 - Termination of Interim Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Interim status terminates when:
(a) final administrative disposition of a
				  permit application is made; or
(b)
				  interim status is terminated as provided in section
				  66270.10(e)(3);
(c) for owners or operators of each land
				  disposal facility which has been granted interim status prior to November 8,
				  1984, on November 8, 1985, 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; or
(2) the owner or
				  operator of the facility does both of the following:
(A) submits a Part B application for a permit
				  for such facility prior to that date; and
(B) certifies that such facility is in
				  compliance with all applicable ground-water monitoring and financial
				  responsibility requirements;
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.1 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This chapter contains the Department's procedures for issuing, modifying,
				  revoking and reissuing, denying or revoking all hazardous waste facility
				  "permits" other than "emergency permits" (see section
				  66270.61) and "permits by rule"
				  (section 66270.60). Emergency permits are
				  governed by section
				  66270.61. Permits by rule are
				  governed by section
				  67450.9. Interim status is not a
				  "permit" and is covered by specific provisions in chapter 20 of this division.
				  The procedures of this chapter also apply to denial of a permit for the active
				  life of a hazardous waste management facility or unit under section
				  66270.29.
(b) Chapter 21 contains general procedural
				  requirements applicable to all permit programs covered by these regulations.
				  Chapter 21 describes the steps the Department will follow in receiving permit
				  applications, preparing draft permits, issuing public notices, inviting public
				  comments and holding public hearings on draft permits. Chapter 21 also covers
				  assembling an administrative record, responding to comments, issuing a final
				  permit decision, and allowing for administrative appeal of the final permit
				  decision.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of subsection (a) and NOTE filed 7-19-95; operative 8-18-95 (Register
					 95, No. 29).
3. Change without regulatory effect adding new article
					 1 heading filed 12-19-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 51).
Note: Authority cited: Sections
						25150,
						25159
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159.5,
						25186,
						25186.1,
						25186.2
						and
						25200,
						Health and Safety Code; 40
						CFR Section
						124.1.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.2 - Application for a Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) Any person who requires a permit under
				  Health and Safety Code section
				  25201
				  shall complete, sign, and submit to the Department an application for the
				  permit required under section
				  66270.1. Applications are not
				  required for permits by rule (section
				  66270.60).
(2) The Department shall not begin the
				  processing of a permit until the applicant has fully complied with the
				  application requirements for that permit. (See sections
				  66270.10 and
				  66270.13.)
(3) Permit applications shall comply with the
				  signature and certification requirements of section
				  66270.11.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.4 - Request for Modification, Revocation and Reissuance, or Revocation of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Permits may be modified, revoked and reissued, or revoked either at the request
				  of any interested person (including the permittee) or upon the Department's
				  initiative. However, permits may only be modified, revoked and reissued, or
				  revoked for the reasons specified in section
				  66270.41 or
				  66270.43 or Health and Safety Code
				  section
				  25186.
				  All requests shall be in writing and shall contain facts or reasons supporting
				  the request.
(b) If the Department
				  decides the request is not justified, the Department shall send the requester a
				  brief written response giving a reason for the decision. Denials of requests
				  for modification, revocation and reissuance, or revocation are not subject to
				  public notice, comment, or hearings.
(c)
(1) If
				  the Department tentatively decides to modify or revoke and reissue a permit
				  under section
				  66270.41 or
				  66270.42(c), the
				  Department shall prepare a draft permit under section
				  66271.5 incorporating the proposed
				  changes. The Department may request additional information and, in the case of
				  a modified permit, may require the submission of an updated application. In the
				  case of revoked and reissued permits, the Department shall require the
				  submission of a new application.
(2) In a permit modification under this
				  section, only those conditions to be modified shall be reopened when a new
				  draft permit is prepared. All other aspects of the existing permit shall remain
				  in effect for the duration of the unmodified permit. When a permit is revoked
				  and reissued under this section, the entire permit is reopened just as if the
				  permit had expired and was being reissued. During any revocation and reissuance
				  proceeding the permittee shall comply with all conditions of the existing
				  permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined
				  in sections
				  66270.42(a) and
				  (b) are not subject to the requirements of
				  this section.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.5 - Draft Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Once an application is complete, the Department shall tentatively decide
				  whether to prepare a draft permit or to deny the application.
(b) If the Department tentatively decides to
				  deny the permit application, the Department shall issue a notice of intent to
				  deny. A notice of intent to deny the permit application is a type of draft
				  permit which follows the same procedures as any draft permit prepared under
				  this section. See subsection (d) of this section. If the Department's final
				  decision (see section
				  66271.14) is that the tentative
				  decision to deny the permit application was incorrect, the Department shall
				  withdraw the notice of intent to deny and proceed to prepare a draft permit
				  under subsection (c) of this section.
(c) If the Department decides to prepare a
				  draft permit, it shall prepare a draft permit that contains the following
				  information:
(1) all conditions under sections
				  66270.30 and
				  66270.32;
(2) all compliance schedules under section
				  66270.33;
(3) all monitoring requirements under section
				  66270.31; and
(4) standards for transfer, treatment,
				  storage, and/or disposal and other permit conditions under section
				  66270.30.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.6 - Statement of Basis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall prepare a statement of basis for every
					 draft permit for which a fact sheet under section
					 66271.7 is not prepared. The
					 statement of basis shall briefly describe the derivation of the conditions of
					 the draft permit and the reasons for them or, in the case of notices of intent
					 to deny, reasons supporting the tentative decision. The statement of basis
					 shall be sent to the applicant and, on request, to any other
					 person.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of section and NOTE filed 7-19-95; operative 8-18-95 (Register 95,
					 No. 29).
Note: Authority cited: Sections
						25150,
						25159
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159.5,
						25186,
						25186.1
						and
						25200,
						Health and Safety Code; 40
						CFR Section
						124.7.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.7 - Fact Sheet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  fact sheet shall be prepared for every draft permit for a major HWM facility,
				  and for every draft permit which the Department finds is the subject of
				  widespread public interest or raises major issues. The fact sheet shall briefly
				  set forth the principal facts and the significant factual, legal,
				  methodological and policy questions considered in preparing the draft permit.
				  The Department shall send this fact sheet to the applicant and, on request, to
				  any other person.
(b) The fact
				  sheet shall include, when applicable:
(1) a
				  brief description of the type of facility or activity which is the subject of
				  the draft permit;
(2) the type and
				  quantity of wastes, fluids, or pollutants which are proposed to be or are being
				  transferred, treated, stored, disposed of, injected, emitted, or
				  discharged;
(3) a brief summary of
				  the basis for the draft permit conditions including references to applicable
				  statutory or regulatory provisions and appropriate supporting references to the
				  administrative record required by section
				  66271.8;
(4) reasons why any requested variances or
				  alternatives to required standards do or do not appear justified;
(5) a description of the procedures for
				  reaching a final decision on the draft permit including:
(A) the beginning and ending dates of the
				  comment period under section
				  66271.9 and the address where
				  comments will be received;
(B)
				  procedures for requesting a hearing and the nature of that hearing;
				  and
(C) any other procedures by
				  which the public may participate in the final decision;
(6) name and telephone number of a person to
				  contact for additional information.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.8 - Administrative Record for Draft Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions of a draft permit prepared
				  under section
				  66271.5 shall be based on the
				  administrative record as defined in this section.
(b) For preparing a draft permit under
				  section 66271.5, the record shall consist
				  of:
(1) the application, if required, and any
				  supporting data furnished by the applicant;
(2) the draft permit or notice of intent to
				  deny the application;
(3) the
				  statement of basis (section
				  66271.6) or fact sheet (section
				  66271.7);
(4) all documents cited in the statement of
				  basis or fact sheet; and
(5) other
				  documents contained in the supporting file for the draft
				  permit.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.9 - Public Notice of Permit Actions and Public Comment Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope.
(1) The Department shall give public notice
				  that the following actions have occurred:
(A)
				  a permit application has been tentatively denied under section
				  66271.5(b);
(B) a draft permit has been prepared under
				  section 66271.5(c);
(C) a hearing has been scheduled under
				  section 66271.11; or
(D) an appeal has been granted under section
				  66271.18(b).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.10 - Public Comments and Requests for Public Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
During the public comment period provided under section
					 66271.9, any interested person may
					 submit written comments on the draft permit and may request a public hearing,
					 if no hearing has already been scheduled. A request for a public hearing shall
					 be in writing and shall state the nature of the issues proposed to be raised in
					 the hearing. All comments shall be considered in making the final decision and
					 shall be answered as provided in section
					 66271.16.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150
						and
						25159,
						Health and Safety Code. Reference: Sections
						25159
						and
						25159.5,
						Health and Safety Code; 40
						CFR Section
						124.11.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.11 - Public Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) The Department shall hold a public
				  hearing whenever it finds, on the basis of requests, a significant degree of
				  public interest in a draft permit(s).
(2) The Department may also hold a public
				  hearing at the Department's discretion, whenever, for instance, such a hearing
				  might clarify one or more issues involved in the permit decision.
(3)
(A) The
				  Department shall hold a public hearing whenever the Department receives written
				  notice of opposition to a draft permit and a request for a hearing within 45
				  days of public notice under section
				  66271.9(b)(1).
(B) Whenever possible the Department shall
				  schedule a hearing under this section at a location convenient to the nearest
				  population center to the proposed facility.
(4) Public notice of the hearing shall be
				  given as specified in section
				  66271.9.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.12 - Obligation to Raise Issues and Provide Information During the Public Comment Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All persons, including applicants, who believe any
					 condition of a draft permit is inappropriate or that the Department's tentative
					 decision to deny an application or prepare a draft permit is inappropriate,
					 must raise all reasonably ascertainable issues and submit all reasonably
					 available arguments and factual grounds supporting their position, including
					 all supporting material, by the close of the public comment period (including
					 any public hearing) under section
					 66271.9. All supporting materials
					 shall be included in full and may not be incorporated by reference, unless they
					 are already part of the administrative record in the same proceeding, or
					 consist of State or Federal statutes and regulations, Department or USEPA
					 documents of general applicability, or other generally available reference
					 materials. Commenters shall make supporting material not already included in
					 the administrative record available to the Department as directed by the
					 Department. A comment period longer than 45 days may be necessary to give
					 commenters a reasonable opportunity to comply with the requirements of this
					 section. Additional time shall be granted under section
					 66271.9 to the extent that a
					 commenter who requests additional time demonstrates the need for such
					 time.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of section and NOTE filed 7-19-95; operative 8-18-95 (Register 95,
					 No. 29).
Note: Authority cited: Sections
						25150,
						25159
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159.5
						and
						25200,
						Health and Safety Code; 40
						CFR Section
						124.13.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.13 - Reopening of the Public Comment Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) The
				  Department may order the public comment period reopened if the procedures of
				  this subsection could expedite the decisionmaking process. When the public
				  comment period is reopened under this subsection, all persons, including
				  applicants, who believe any condition of a draft permit is inappropriate or
				  that the Department's tentative decision to deny an application or prepare a
				  draft permit is inappropriate, shall submit all reasonably available factual
				  grounds supporting their position, including all supporting material, by a
				  date, not less than sixty days after public notice under subsection (a)(2) of
				  this section, set by the Department. Thereafter, any person may file a written
				  response to the material filed by any other person, by a date, not less than
				  twenty days after the date set for filing of the material, set by the
				  Department.
(2) Public notice of
				  any comment period under this subsection shall identify the issues which the
				  requirements of section
				  66271.13(a) shall
				  apply.
(3) On the Department's own
				  motion or on the request of any person, the Department may direct that the
				  requirements of subsection (a)(1) of this section shall apply during the
				  initial comment period where it reasonably appears that issuance of the permit
				  will be contested and that applying the requirements of subsection (a)(1) of
				  this section will substantially expedite the decisionmaking process. The notice
				  of the draft permit shall state whenever this has been done.
(4) A comment period of longer than 60 days
				  will often be necessary in complicated proceedings to give commenters a
				  reasonable opportunity to comply with the requirements of this section.
				  Commenters may request longer comment periods and they shall be granted under
				  section 66271.9 to the extent they appear
				  necessary.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.14 - Issuance and Effective Date of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the close of the public comment
				  period under section
				  66271.9 on a draft permit, the
				  Department shall issue a final permit decision (or a decision to deny a permit
				  for the active life of a hazardous waste management facility or unit under
				  section 66270.29.) Final permit decisions
				  shall be made and noticed in accordance with the provisions of Health and
				  Safety Code section
				  25199.6
				  and chapter 4.5 (commencing with section
				  65920) of division 1 of Title 2 of
				  the Government Code. The Department shall notify the applicant and each person
				  who has submitted written comments or requested notice of the final permit
				  decision. This notice shall include reference to the procedures for appealing a
				  decision on a permit. For the purposes of this section, a final permit decision
				  means a final decision to issue, deny, modify, or revoke and reissue a
				  permit.
(b) A final permit decision
				  (or a decision to deny a permit for the active life of a hazardous waste
				  management facility or unit under section
				  66270.29) shall become effective
				  30 days after the service of notice of the decision unless:
(1) a later effective date is specified in
				  the decision; or
(2) review is
				  requested under section
				  66271.18; or
(3) No comments requested a change in the
				  draft permit, in which case the permit shall become effective immediately upon
				  issuance.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.15 - Stays of Contested Permit Conditions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Repeal filed 5-1-2023 as an emergency; operative 5-1-2023 (Register 2023, No.
					 18). Pursuant to Health and Safety Code section
					 25125.4,
					 the emergency regulation shall remain in effect until repealed by the Board of
					 Environmental Safety.
Note: Authority cited: Sections
						208,
						25150
						and
						25159,
						Health and Safety Code. Reference: Sections
						25159
						and
						25159.5,
						Health and Safety Code; 40
						CFR Section
						124.16.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.16 - Response to Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  the time that any final permit decision is issued under section
				  66271.14, the Department shall
				  issue a response to comments. This response shall:
(1) specify which provisions, if any, of the
				  draft permit have been changed in the final permit decision, and the reasons
				  for the change; and
(2) briefly
				  describe and respond to all significant comments on the draft permit raised
				  during the public comment period, or during any hearing.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.17 - Administrative Record for Final Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall base final permit
				  decisions under section
				  66271.14 on the administrative
				  record defined in this section.
(b)
				  The administrative record for any final permit shall consist of the
				  administrative record for the draft permit and:
(1) all comments received during the public
				  comment period provided under section
				  66271.9 (including any extension
				  or reopening under section
				  66271.13);
(2) the tape or transcript of any hearing(s)
				  held under section
				  66271.11;
(3) any written materials submitted at such a
				  hearing;
(4) the response to
				  comments required by section
				  66271.16 and any new material
				  placed in the record under that section;
(5) other documents contained in the
				  supporting file for the permit; and
(6) the final permit.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.18 - Appeal of Decisions to Grant, Issue, Modify, or Deny Permits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of section heading, subsections (a)(2) and (c), repealer of
					 subsections (d)-(h), new subsections (d)-(f)(2) and amendment of NOTE filed
					 7-19-95; operative 8-18-95 (Register 95, No. 29).
3. Amendment of
					 subsection (d) filed 4-4-2002; operative 5-4-2002 (Register 2002, No.
					 14).
4. Repeal filed 5-1-2023 as an emergency; operative 5-1-2023
					 (Register 2023, No. 18). Pursuant to Health and Safety Code section
					 25125.4,
					 the emergency regulation shall remain in effect until repealed by the Board of
					 Environmental Safety.
Note: Authority cited: Sections
						25150,
						25159
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159.5,
						25186,
						25186.1
						and
						25200,
						Health and Safety Code; 40
						CFR Section
						124.19.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.19 - Appeal of Decisions to Suspend and/or Revoke Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A decision to suspend and/or revoke a
				  permit shall be initiated by serving the holder of the permit with a temporary
				  suspension order and/or accusation.
(b) Proceedings shall be conducted as
				  provided by HSC sections
				  25186.1 and
				  25186.2 and the Administrative
				  Procedure Act, Government Code section
				  11500 et
				  seq.
(c) If the permit holder fails
				  to request a hearing by filing a notice of defense within 15 days after being
				  served with an accusation, the Department shall take final action by issuing an
				  order revoking the permit.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Renumbering and amendment of former section
					 66271.19 to new section
					 66271.20 and new section filed
					 7-19-95; operative 8-18-95 (Register 95, No.
					 29).
Note: Authority cited: Sections
						25150,
						25159
						and
						58012,
						Health and Safety Code. Reference: Chapter 5 (commencing with Section
						11500) of Part 1 of Division 3 of
						Title 2, Government Code; and Sections
						25186,
						25186.1
						and
						25186.2,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.20 - Appeal of Decision on Class of Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department's decision on whether a
				  permit modification is Class 1, 2 or 3 pursuant to section
				  66270.42(d) or
				  66270.42.5(e) or
				  (f) shall be made in writing and may be
				  appealed only by the person who requested the modification.
(b) Within fifteen (15) days after the date
				  of receipt of the written decision on the classification of a permit
				  modification, the person who requested the modification may petition the
				  Department to review the decision, pursuant to section
				  66271.18. The petition shall be in
				  writing and shall include a statement of the reasons supporting a different
				  classification.
1.
					 Renumbering and amendment of former section
					 66271.19 to new section
					 66271.20 filed 7-19-95; operative
					 8-18-95 (Register 95, No. 29).
2. Renumbering of former section
					 66271.20 to section
					 66271.21 and new section
					 66271.20 filed 4-4-2002; operative
					 5-4-2002 (Register 2002, No. 14).
Note: Authority cited: Sections
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159.5
						and
						25200.15,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 1 - General Program Requirements › Section 66271.21 - Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  time period scheduled to begin on the occurrence of an act or event shall begin
				  on the day after the act or event.
(b) Any time period scheduled to begin before
				  the occurrence of an act or event shall be computed so that the period ends on
				  the day before the act or event.
(c) If the final day of any time period falls
				  on a weekend or legal holiday, the time period shall be extended to the next
				  working day.
(d) Whenever a party
				  or interested person has the right or is required to act within a prescribed
				  period after the service of notice or other paper upon that party or person by
				  mail, three days shall be added to the prescribed time.
1.
					 Renumbering of former section
					 66271.20 to section
					 66271.21 filed 4-4-2002; operative
					 5-4-2002 (Register 2002, No. 14).
Note: Authority cited: Sections
						25150,
						25159
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159.5,
						25186,
						25186.1,
						25186.2
						and
						25200,
						Health and Safety Code; 40
						CFR Section
						124.20.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 2 - Specific Procedures Applicable to RCRA Permits › Section 66271.32 - Public Notice Requirements at the Application Stage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. The requirements of this
				  section shall apply to all RCRA part B applications seeking initial RCRA
				  permits for hazardous waste management units. The requirements of this section
				  shall also apply to RCRA part B applications seeking renewal of permits for
				  such units under section
				  66270.51. The requirements of this
				  section do not apply to permit modifications under section
				  66270.42 or permit applications
				  submitted for the sole purpose of conducting post-closure activities or
				  post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The Director shall provide public notice
				  as set forth in section
				  66271.9(c)(1)(D),
				  and notice to appropriate units of State and Local government as set forth in
				  section 66271.9(c)(1)(E),
				  that a part B permit application has been submitted to the Department and is
				  available for review.
(2) The
				  notice shall be published within a reasonable period of time after the
				  application is received by the Director. The notice must include:
(A) The name and telephone number of the
				  applicant's contact person;
(B) The
				  name and telephone number of the Department's office charged with issuance of
				  the permit, and a mailing address to which information, opinions, and inquiries
				  may be directed throughout the permit review process;
(C) An address to which people can write in
				  order to be put on the facility mailing list;
(D) The location where copies of the permit
				  application and any supporting documents can be viewed and copied;
(E) A brief description of the facility and
				  proposed operations, including the address or a map (e.g., a sketched or copied
				  street map) of the facility location on the front page of the notice;
				  and
(F) The date that the
				  application was submitted.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.50 - Definitions and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this article, the
				  following terms have the following meanings:
(1) "Compliance inspection" means an
				  evaluation of a hazardous waste facility's compliance with any operating
				  hazardous waste management requirements set out in statute, regulation, permit,
				  order, stipulation, agreement, settlement document, judgment, decree, grant of
				  authorization issued by the Department, or other document establishing
				  requirements upon operations at the facility. "Compliance inspection" includes,
				  but is not limited to, scheduled and unscheduled inspections by the Department.
				  A "compliance inspection" may last more than one day.
(2) "Facility Violations Scoring Procedure
				  Score" or "Facility VSP Score" means the numeric value assigned to a facility
				  pursuant to section
				  66271.54(a) for
				  the purpose of assigning the facility to a compliance tier in accordance with
				  section 66271.54(b).
(3) "Repeat violation" means two or more
				  violations:
(A) of the same or closely-related
				  statutory or regulatory requirements in separate compliance inspections;
				  or
(B) of the same term, condition,
				  or provision of a permit, order, stipulation, agreement, settlement document,
				  judgment, decree, grant of authorization issued by the Department, or other
				  document establishing requirements upon operations at the
				  facility.
(4) "Violations
				  scoring procedure" means the totality of the criteria and steps set out in this
				  article that govern the consideration of a facility's compliance history by the
				  Department in making specified permit decisions and the remedies available to
				  an owner or operator in response to decisions proposed or made by the
				  Department under this article.