Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 3. Minimum Standards for Solid Waste Handling and Disposal

Article 5.7. Hazardous Waste Disposal Facilities Disposing Nonhazardous, Nonputrescible, Industrial Solid Waste Regulatory Requirements

Section 17367. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for those hazardous waste disposal facilities which hold a valid Hazardous Waste Facility Permit from the Department of Toxic Substances Control and codispose nonhazardous, nonputrescible, industrial solid waste with hazardous waste in one or more waste management units within the disposal facility.

(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.

(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article or Title 22 California Code of Regulations, Division 4.5.

(d) Nothing in this Article shall be construed as relieving any owner or operator, from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities.

(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the codisposal of nonhazardous, nonputrescible, industrial solid waste at a hazardous waste disposal facility will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment.

Note:

Authority cited:
Sections 40502, 43020, 43021, and 44103 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17368. Definitions.
For the purposes of this Article:

(a) "Air District" means Air Pollution Control District or Air Quality Management District.

(b) "Board" means the California Integrated Waste Management Board.

(c) "Codisposal" means the final deposition of nonhazardous, nonputrescible, industrial solid waste disposed with hazardous waste in a waste management unit.

(d) "Cover" means soils or alternative materials used in covering the nonhazardous, nonputrescible, industrial solid waste in a hazardous waste disposal facility waste management unit.

(f) "EA" means enforcement agency as defined in Public Resources Code section 40130.

(g) "Hazardous waste disposal facility," or "facility" means a disposal facility that holds and maintains a valid Hazardous Waste Facility Permit issued by the Department of Toxic Substances Control pursuant to section 25200 of the California Health and Safety Code.

(h) "Nonhazardous, Nonputrescible, Industrial Solid Waste" means solid waste (as defined in Public Resources Code Section 40191) which also meets all of the following criteria:

(1) Nonputrescible: Solid wastes which are not capable of being decomposed by micro-organisms with sufficient rapidity as to cause odors, gases, attraction of vectors or other offensive conditions. For example, wastes that are putrescible, and do not qualify as nonputrescible, include without limitation food wastes, offal and dead animals.

(2) Liquid Content: Solid wastes that contain no free liquid, whether such wastes are in bulk or in containers. The absence of free liquid shall be determined by the method specified in Title 22 California Code of Regulations section 66264.314(b).

(3) Nonhazardous, Nonputrescible, Industrial Solid Waste expressly excludes:

(A) Household waste as defined in Title 27 California Code of Regulations section 20164;

(B) Wastes which are prohibited at any hazardous waste disposal facility by applicable statutes or regulations of any governmental body having jurisdiction;

(C) With respect to a specific hazardous waste disposal facility, wastes which are prohibited at that particular hazardous waste disposal facility by the terms and conditions of any permit or entitlement to use issued by a governmental body.

(i) "Operating Record" means a facility’s records of compliance with the requirements set forth in this Article.

(j) "RWQCB" means the Regional Water Quality Control Board.

(k) "Waste management unit" or "unit" means an area within a hazardous waste disposal facility where hazardous wastes may be disposed pursuant to a hazardous waste facility permit issued by the Department of Toxic Substances Control, expressly excluding surface impoundments.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17369. Regulatory Tier for Hazardous Waste Disposal Facilities Codisposing Nonhazardous, Nonputrescible, Industrial Solid Waste.
(a) All hazardous waste disposal facilities codisposing nonhazardous, nonputrescible, industrial solid waste shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA, or more frequently if necessary to verify compliance with the standards set forth in this Article. "Hazardous waste" (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Registration Permit issued pursuant to this section.

(b) In addition to the Registration Permit Application required by subdivision (a) of this section, each operator of a hazardous waste disposal facility shall file with the EA a "Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan" (Plan) (as specified in section 18225). The information contained in the Plan shall be reviewed by the EA, in the same manner as required for the application, to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101. The EA shall obtain written verification from Board staff that section 18225(g) and (h) of Article 3.2 are correct prior to their determination of a complete and correct application.

(c) A hazardous waste disposal facility that accepts other types of solid wastes, which do not meet the definition of "nonhazardous, nonputrescible, industrial solid waste", shall obtain a Full Solid Waste Facilities Permit pursuant to the requirements of Title 27 California Code of Regulations, Division 2, Subdivision 1, Chapter 4 (Section 21450 et seq.) prior to commencing operations. "Hazardous waste" (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Full Solid Waste Facilities Permit issued pursuant to Title 27 California Code of Regulations.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17370.1. General Operating Standard.
The daily cover shall be applied as approved by Department of Toxic Substances Control pursuant to Title 22 California Code of Regulations section 66264.301(i) or 66265.301(i), as applicable, or the Air District, whichever requirement is more stringent.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, and 43021 of the Public Resources Code.

Section 17370.2. Record Keeping Requirements.
Each operator of a hazardous waste disposal facility shall meet the following requirements with respect to nonhazardous, nonputrescible, industrial solid waste disposed at the facility:

(a) All records required by this Article shall be kept in one location and accessible for three years and shall be available for inspection by authorized representatives of the EA, the Board, and other duly authorized regulatory and enforcement agencies during normal working hours. If necessary, copies of these records may be maintained at an alternative site, as long as that site is easily accessible to the EA.

(b) The operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment, as it relates to the acceptance and disposal of nonhazardous, nonputrescible, industrial solid wastes (as defined in section 17368 of this Article).

(c) The operator shall maintain records of the tonnage of nonhazardous, nonputrescible, industrial solid waste that is codisposed in each waste management unit at the facility on a daily basis. The operator shall also maintain records of the tonnage of hazardous waste codisposed in each waste management unit at the facility on a monthly basis. These records shall be provided to the EA or the Board upon request.

(d) By March 1 of each year, the operator shall annually report to the EA and the Board the total amount of nonhazardous, nonputrescible, industrial solid waste and hazardous waste codisposed the previous year.

(e) The operator shall maintain a copy of the demonstration required pursuant to Title 14 California Code of Regulations section 18225 (f) in the operating record.

(f) The operator shall provide the EA with written notice of intent (Notice) to close a waste management unit at least 60 days prior to beginning unit closure, and maintain a copy of the Notice in the operating record.

(g) All such facilities shall maintain records as required by Title 14 California Code of Regulations section 18810 et seq.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40053, 43020, 43021, and 43051 of the Public Resources Code.

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