California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 18 - Land Disposal Restrictions › Article 1 - General › Section 66268.7 - Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and Disposal Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Requirements for generators:
(1) A generator
				  of hazardous waste shall determine if the waste has to be treated before it can
				  be land disposed. This is done by determining if the hazardous waste meets the
				  treatment standards in article 4 or article 11 of this chapter. This
				  determination can be made concurrently with the hazardous waste determination
				  required in section
				  66262.11 of this division, in
				  either of two ways: testing the waste or using knowledge of the waste. If the
				  generator tests the waste, testing would normally determine the total
				  concentration of hazardous constituents, or the concentration of hazardous
				  constituents in an extract of the waste obtained using test method 1311 in
				  "Test Methods of Evaluating Solid Waste, Physical/Chemical Methods," "USEPA
				  Publication SW-846, as referenced in section
				  66260.11 of this division,
				  depending on whether the treatment standard for the waste is expressed as a
				  total concentration or concentration of hazardous constituent in the waste's
				  extract. Alternatively, the generator may send the waste directly to a
				  hazardous waste treatment facility, where the hazardous waste treatment
				  facility shall comply with all requirements of section
				  66264.13 of this division and
				  paragraph (b) of this section. In addition, some hazardous wastes shall be
				  treated by particular treatment methods before they can be land disposed and
				  some soils are contaminated by such hazardous wastes. These treatment standards
				  are also found in section
				  66268.40, and are described in
				  detail in section
				  66268.42, Table 1. These wastes,
				  and soils contaminated with such wastes, do not need to be tested (however, if
				  they are in a waste mixture, other wastes with concentration level treatment
				  standards would have to be tested). If a generator determines they are managing
				  a waste or soil contaminated with a waste, that displays a hazardous
				  characteristic of ignitability, corrosivity, reactivity, or toxicity, they
				  shall comply with the special requirements of section
				  66268.9 of this chapter in
				  addition to any applicable requirements in this section.
(2) Except as provided in subsection (B), if
				  the waste or contaminated soil does not meet the treatment standard or if the
				  generator chooses not to make the determination of how its waste shall be
				  treated, with the initial shipment of waste to each treatment or storage
				  facility, the generator shall send a one-time written notice to each treatment
				  or storage facility receiving the waste, and place a copy in the file. The
				  notice shall include the information in column "66268.7(a)(2)" of the Generator
				  Paperwork Requirements Table in section
				  66268.7(a)(4).
				  Alternatively, if the generator chooses not to make the determination of
				  whether the waste shall be treated, the notification shall include the EPA
				  Hazardous Waste Numbers and Manifest Number of the first shipment and shall
				  state "This hazardous waste may or may not be subject to the LDR treatment
				  standards. The treatment facility shall then make the appropriate
				  determination." No further notification is necessary until such time that the
				  waste or facility change, in which case a new notification shall be sent and a
				  copy placed in the generator's file.
(A) For
				  contaminated soil, the following certification statement should be included,
				  signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined this contaminated soil and it [does/does not] contain listed hazardous
					 waste and [does/does not] exhibit a characteristic of hazardous waste and
					 requires treatment to meet the soil treatment standards as provided by section
					 66268.49(c).
(B) If a generator determines that
				  the generator is managing a restricted waste under section
				  66268.29 or prohibited waste under
				  section 66268.32 and the waste does not
				  meet the applicable treatment standards set forth in article 11 of this
				  chapter, with each shipment of waste the generator shall notify the receiving
				  facility in writing only if the receiving facility is a land disposal facility
				  operating within California. The notice shall include the following
				  information:
1. Non-RCRA hazardous waste
				  Category listed in section
				  66268.29, if applicable;
2. the manifest number associated with the
				  shipment of waste; and
3. waste
				  analysis data, where available.
(3) If the waste or contaminated soil meets
				  the treatment standard at the original point of generation:
(A) With the initial shipment of waste to
				  each treatment, storage, or disposal facility, the generator shall send a
				  one-time written notice to each treatment, storage, or disposal facility
				  receiving the waste, and place a copy in the file. The notice shall include the
				  information indicated in column "66268.7(a)(3)" of the Generator Paperwork
				  Requirements Table in section
				  66268.7(a)(4) and
				  the following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste through analysis and testing or through
					 knowledge of the waste to support this certification that the waste complies
					 with the treatment standards specified in CCR, Title 22, division 4.5, chapter
					 18, article 4. I believe that the information I submitted is true, accurate,
					 and complete. I am aware that there are significant penalties for submitting a
					 false certification, including the possibility of a fine and
					 imprisonment.
(B) For
				  contaminated soil, with the initial shipment of wastes to each treatment,
				  storage, or disposal facility, the generator shall send a one-time written
				  notice to each facility receiving the waste and place a copy in the file. The
				  notice shall include the information in "66268.7(a)(3)" of the Generator
				  Paperwork Requirements Table in section
				  66268.7(a)(4).
(C) If the waste changes, the generator shall
				  send a new notice and certification to the receiving facility, and place a copy
				  in their files. Generators of hazardous debris excluded from the definition of
				  hazardous waste under section
				  66261.3(e) are
				  not subject to these requirements.
(D) If a generator determines that the
				  generator is managing a restricted waste under section
				  66268.29 and subject to applicable
				  treatment standards set forth in article 11 of this chapter or prohibited under
				  section 66268.32 and determines that the
				  waste can be land disposed without further treatment, with each shipment of
				  waste the generator shall submit to the receiving facility a notice and a
				  certification stating that the waste meets the applicable treatment standards
				  set forth in article 11 of this chapter or the applicable prohibitions set
				  forth in section
				  66268.32, only if the receiving
				  facility is a land disposal facility operating within California. The notice
				  shall include the following information:
1.
				  Non-RCRA hazardous waste Category listed in section
				  66268.29, if applicable;
2. the manifest number associated with the
				  shipment of waste; and
3. waste
				  analysis data, where available.
The certification shall state:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste through analysis and testing or through
					 knowledge of the waste to support this certification that the waste complies
					 with the treatment standards specified in CCR, Title 22, division 4.5, chapter
					 18, article 11 [or all applicable prohibitions in section
					 66268.32]. I believe that the
					 information I submitted is true, accurate, and complete. I am aware that there
					 are significant penalties for submitting a false certification, including the
					 possibility of a fine and imprisonment.
(4) For reporting, tracking, and
				  recordkeeping when exceptions allow certain wastes or contaminated soil that do
				  not meet the treatment standards to be land disposed: There are certain
				  exemptions from the requirement that hazardous wastes or contaminated soil meet
				  treatment standards before they can be land disposed. These include, but are
				  not limited to case-by-case extensions under section
				  66268.5, disposal in a
				  no-migration unit under section
				  66268.6, or a national capacity
				  variance or case-by-case capacity variance under article 3 of this chapter. If
				  a generator's waste is so exempt, then with the initial shipment of waste, the
				  generator shall send a one-time written notice to each land disposal facility
				  receiving the waste. The notice shall include the information indicated in
				  column "66268.7(a)(4)" of the Generator Paperwork Requirements Table in this
				  subsection. If the waste changes, the generator shall send a new notice to the
				  receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
Required
							 Information
§
																	66268.7(a)(2)
§
																	66268.7(a)(3)
§
																	66268.7(a)(4)
§
																	66268.7(a)(9)
1. EPA Hazardous Waste Numbers and Manifest Number of
							 first shipment
[TICK]
[TICK]
[TICK]
[TICK]
2. Statement: this waste is not prohibited from land
							 disposal
[TICK]
3. The waste is subject to the LDRs. The constituents
							 of concern for F001-F005, and F039, and underlying hazardous constituents in
							 RCRA characteristic wastes, unless the waste will be treated and monitored for
							 all constituents. If all constituents will be treated and monitored, there is
							 no need to put them all on the LDR
							 notice.
[TICK]
[TICK]
4. The notice shall include the applicable
							 wastewater/nonwastewater category (see section
							 66260.10) and subdivisions made
							 within a waste code based on waste-specific criteria (such as D003
reactive cyanide
)
[TICK]
[TICK]
5. Waste analysis data (when
							 available)
[TICK]
[TICK]
[TICK]
6. Date the waste is subject to the
							 prohibition
[TICK]
7. For hazardous debris, when treating with the
							 alternative treatment technologies provided by section
							 66268.45: the contaminants subject
							 to treatment, as described in section
							 66268.45(b); and
							 an indication that these contaminants are being treated to comply with section
							 66268.45
[TICK]
[TICK]
8. For contaminated soil subject to LDRs as provided
							 in section
							 66268.49(a), the
							 constituents subject to treatment as described in section
							 66268.49(d), and
							 the following statement: This contaminated soil [does/does not] contain listed
							 hazardous waste and [does/does not] exhibit a characteristic of hazardous waste
							 and [is subject to/complies with] the soil treatment standards as provided by
							 section 66268.49(c) or
							 the universal treatment standards.
[TICK]
[TICK]
9. A certification is needed (see applicable section
							 for exact wording)
[TICK]
[TICK]
(5) If a generator is managing and treating
				  prohibited waste or contaminated soil in tanks, containers, or containment
				  buildings regulated under section 66262.15, 66262.16 or 66262.17 to meet
				  applicable LDR treatment standards found at section 66268.40, the generator
				  shall develop and follow a written waste analysis plan which describes the
				  procedures they will carry out to comply with the treatment standards.
				  (Generators treating hazardous debris under the alternative treatment standards
				  of Table 1, section
				  66268.45, however, are not subject
				  to these waste analysis requirements.) The plan shall be kept on site in the
				  generator's records, and the following requirements shall be met:
(A) The waste analysis plan shall be based on
				  a detailed chemical and physical analysis of a representative sample of the
				  prohibited waste(s) being treated, and contain all information necessary to
				  treat the waste(s) in accordance with the requirements of this chapter,
				  including the selected testing frequency.
(B) Such plan shall be kept in the facility's
				  on-site files and made available to inspectors.
(C) Wastes shipped off-site pursuant to this
				  subsection shall comply with the notification requirements of section
				  66268.7(a)(3).
(6) If a generator determines that
				  the waste or contaminated soil is restricted based solely on the generator's
				  knowledge of the waste, all supporting data used to make this determination
				  shall be retained on-site in the generator's files. If a generator determines
				  that the waste is restricted based on testing this waste or an extract
				  developed using the test method 1311 in "Test Methods for Evaluating Solid
				  Waste, Physical/Chemical Methods," USEPA Publication SW-846, as referenced in
				  section 66260.11 of this division, and all
				  waste analysis data shall be retained on-site in the generator's
				  files.
(7) If a generator
				  determines that the generator is managing a prohibited waste that is excluded
				  from the definition of hazardous waste or waste or is exempted from hazardous
				  waste regulation under CCR, Title 22, Chapter 11, section
				  66261.2 through
				  66261.6 or under the Health and
				  Safety Code subsequent to the point of generation (including deactivated
				  characteristic hazardous wastes managed in wastewater treatment systems subject
				  to the federal Clean Water Act (CWA) as specified at CCR, Title 22, section
				  66261.4(a)(1) or
				  that are federal CWA-equivalent, or are managed in an underground injection
				  well regulated by the federal SDWA), the generator shall place a one-time
				  notice describing such generation, subsequent exclusion from the definition of
				  hazardous waste or waste or exemption from hazardous waste regulation, and the
				  disposition of the waste, in the facility's on-site files.
(8) Generators shall retain on-site a copy of
				  all notices, certifications, waste analysis data, and other documentation
				  produced pursuant to this section for at least three years from the date that
				  the waste that is the subject of such documentation was last sent to on-site or
				  off-site treatment, storage, or disposal. The three year record retention
				  period is automatically extended during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  Department. The requirements of this subsection apply to wastes even when the
				  hazardous characteristic is removed prior to disposal, or when the waste is
				  excluded from the definition of hazardous waste or waste under CCR, Title 22,
				  sections 66261.2 through
				  66261.6 or under Health and Safety
				  Code, or exempted from hazardous waste regulation, subsequent to the point of
				  generation.
(9) If a generator is
				  managing a lab pack containing hazardous wastes and wishes to use the
				  alternative treatment standard for lab packs found at section
				  66268.42(c):
(A) With the initial shipment of waste to a
				  treatment facility, the generator shall submit a notice that provides the
				  information in column "66268.7(a)(9)" in the Generator Paperwork Requirements
				  Table of subsection (a)(4) of this section, and the following certification.
				  The certification, which shall be signed by an authorized representative and
				  shall be placed in the generator's files, shall say the following:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste and that the lab pack contains only
					 wastes that have not been excluded under appendix IV to CCR, Title 22, division
					 4.5, chapter 18 and that this lab pack will be sent to a combustion facility in
					 compliance with the alternative treatment standards for lab packs under CCR,
					 Title 22, division 4.5, chapter 18, section
					 66268.42(c). I am
					 aware that there are significant penalties for submitting a false
					 certification, including the possibility of fine or imprisonment.
(B) No further notification is
				  necessary until such time that the wastes in the lab pack change, or the
				  receiving facility changes, in which case a new notice and certification shall
				  be sent and a copy placed in the generator's file.
(C) If the lab pack contains characteristic
				  hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
				  section 66260.10) need not be
				  determined.
(D) The generator shall
				  also comply with the requirements in subsections (a)(6) and (a)(7) of this
				  section.
(10) Small
				  quantity generators of RCRA hazardous wastes with reclamation agreements
				  established pursuant to the requirements of title 40 of the Code of Federal
				  Regulations, section 262.20(e) and 263.20(h), as of those sections read on July
				  1, 2001, shall comply with the applicable notification and certification
				  requirements of subsection (a) of this section for the initial shipment of the
				  waste subject to the agreement. Such generators must retain on-site a copy of
				  the notification and certification, together with the reclamation agreement,
				  for at least three years after termination or expiration of the agreement. The
				  three-year retention period is automatically extended during the course of any
				  unresolved enforcement action regarding the regulated activity or as requested
				  by the Department.
(11) If a
				  generator determines that restricted asbestos-containing waste is being managed
				  and that the waste can be land disposed without further treatment, with each
				  shipment of waste, the generator shall submit to the receiving facility, a
				  notice and a certification stating that the waste meets the applicable
				  treatment standards set forth in section
				  66268.114, only if the receiving
				  facility is a land disposal facility operating within California. Such
				  generators shall retain a copy of the notification and certification at their
				  principal place of business in California for at least three years. The three
				  year period is automatically extended during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  Department. Generators who have been assigned by the Department the EPA
				  identification number for residentials for asbestos-containing waste or a
				  90-day one time provisional EPA identification number for asbestos-containing
				  waste are exempted from subsections (A) and (B) below.
(A) The notice shall include the following
				  information:
1. The California Waste Code for
				  asbestos-containing waste;
2. The
				  corresponding treatment standard;
3. The manifest number associated with the
				  shipment of waste;
(B)
				  The certification shall be signed by an authorized representative and shall
				  state the following:
"I warrant that I am an authorized representative of the
					 generator. I certify under penalty of law that the waste complies with the
					 treatment standards specified in CCR, Title 22, Division 4.5, Chapter 18,
					 section 66268.114. I believe that the
					 information I submitted is true, accurate, and complete. I am aware that there
					 are significant penalties for submitting a false certification, including the
					 possibility of a fine and imprisonment."
And including the following information:
1. Generator's Name;
2. Generator's Address;
3. Authorized Representative Printed
				  Name;
4. Authorized Representative
				  Signature and;
5. Date.