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 4 - Permit Changes and Denials › Section 66270.42 - Permit Modification at the Request of the Permittee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Class 1 modifications.
(1) Except as provided in subsection (a)(2)
				  of this section, the permittee may put into effect Class 1 modifications listed
				  in Appendix I of this chapter under the following conditions.
(A) The permittee shall notify the Department
				  concerning the modification by certified mail or other means that establish
				  proof of delivery at least 30 calendar days before the change is put into
				  effect. This notice shall specify the changes being made to permit conditions
				  or supporting documents referenced by the permit and shall explain why they are
				  necessary. Along with the notice, the permittee shall provide the applicable
				  information required by sections
				  66270.10,
				  66270.13 through
				  66270.23,
				  66270.62, and
				  66270.63. With written
				  authorization from the Department, the change may be put into effect earlier
				  than 30 calendar days after the Department is notified concerning the
				  modification.
(B) The permittee
				  shall send a notice of the modification to all persons on the facility mailing
				  list, maintained by the Department in accordance with section
				  66271.9(c)(1)(D),
				  and the appropriate units of State and local government, as specified in
				  section 66271.9(c)(1)(E).
				  The notification shall include the information specified in subsections
				  66271.9(d)(1)(A)
				  through 66271.9(d)(1)(D).
				  The information shall also include a description of the proposed changes at the
				  facility, and the name and telephone number of a Department contact person.
				  This notification shall be made within 90 calendar days after the change is put
				  into effect. For the Class 1 modifications that require prior Department
				  approval, the notification shall be made within 7 days after the permittee
				  notifies the Department and shall also be published in a major local newspaper
				  of general circulation.
(C) Any
				  person may request the Department to review, and the Department may for cause
				  reject, any Class 1 modification. The Department shall inform the permittee by
				  certified mail that a Class 1 modification has been rejected, explaining the
				  reasons for the rejection. If a Class 1 modification has been rejected, the
				  permittee shall comply with the original permit conditions.
(D) Causes for rejection of a Class 1 permit
				  modification by the Department include:
1.
				  the requested modification does not qualify as a Class 1 permit
				  modification;
2. the modification
				  request does not contain sufficient information for the Department to determine
				  the appropriate permit modification classification or to determine the actions
				  necessary to comply with the California Environmental Quality Act (CEQA) with
				  respect to the requested modification, or the modification is otherwise
				  incomplete;
3. the requested
				  modification does not comply with the appropriate requirements of chapter 14 of
				  this division or other applicable requirements; or
4. the conditions of the modification fail to
				  protect human health and the environment.