25200.3.
(a)
Notwithstanding Section 25201, a generator who uses the following methods for treating RCRA or non-RCRA hazardous waste in tanks or containers, which is generated onsite, and which do not require a hazardous waste facility permit under the federal act, shall, for those activities, be deemed to be operating pursuant to a grant of conditional authorization without obtaining a hazardous waste facility permit or other grant of authorization and a generator is deemed to be granted conditional authorization upon notification to the department, as specified in subdivision (f) if the treatment complies with the applicable requirements of this section:
(1)
The treatment of aqueous wastes which are hazardous solely due to the presence of inorganic constituents, except asbestos, listed in subparagraph (B) of paragraph (1) and subparagraph (A) of paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, and which contain not more than 1400 ppm total of these constituents, using the following treatment technologies:
(A)
Phase separation, including precipitation, by filtration, centrifugation, or gravity settling, including the use of demulsifiers and flocculants in those processes.
(B)
Ion exchange, including metallic replacement.
(C)
Reverse osmosis.
(D)
Adsorption.
(E)
pH adjustment of aqueous waste with a pH of between 2.0 and 12.5.
(F)
Electrowinning of solutions, if those solutions do not contain hydrochloric acid.
(G)
Reduction of solutions which are hazardous solely due to the presence of hexavalent chromium, to trivalent chromium with sodium bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide, provided that the solution contains less than 750 ppm of hexavalent chromium.
(2)
Treatment of aqueous wastes which are hazardous solely due to the presence of organic constituents listed in subparagraph (B) of paragraph (1), or subparagraph (B) of paragraph (2), of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations and which contain not more than 750 ppm total of those constituents, using either of the following treatment technologies:
(A)
Phase separation by filtration, centrifugation, or gravity settling, but excluding super critical fluid extraction.
(B)
Adsorption.
(3)
Treatment of wastes which are sludges resulting from wastewater treatment, solid metal objects, and metal workings which contain or are contaminated with, and are hazardous solely due to the presence of, constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, or treatment of wastes which are dusts which contain, or are contaminated with, and are hazardous solely due to the presence of, not more than 750 ppm total of those constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, using any of the following treatment technologies:
(A)
Physical processes which constitute treatment only because they change the physical properties of the waste, such as filtration, centrifugation, gravity settling, grinding, shredding, crushing, or compacting.
(B)
Drying to remove water.
(C)
Separation based on differences in physical properties, such as size, magnetism, or density.
(4)
Treatment of alum, gypsum, lime, sulfur, or phosphate sludges, using either of the following treatment technologies:
(A)
Drying to remove water.
(B)
Phase separation by filtration, centrifugation, or gravity settling.
(5)
Treatment of wastes listed in Section 66261.120 of Title 22 of the California Code of Regulations, which meet the criteria and requirements for special waste classification in Section 66261.122 of Title 22 of the California Code of Regulations, using any of the following treatment technologies, if the waste is hazardous solely due to the presence of constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations and the waste contains not more than 750 ppm total of those constituents:
(A)
Drying to remove water.
(B)
Phase separation by filtration, centrifugation, or gravity settling.
(C)
Screening to separate components based on size.
(D)
Separation based on differences in physical properties, such as size, magnetism, or density.
(6)
Treatment of wastes, except asbestos, which have been classified by the department as special wastes pursuant to Section 66261.24 of Title 22 of the California Code of Regulations, using any of the following treatment technologies, if the waste is hazardous solely due to the presence of constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations and the waste contains not more than 750 ppm of those constituents:
(A)
Drying to remove water.
(B)
Phase separation by filtration, centrifugation, or gravity settling.
(C)
Magnetic separation.
(7)
Treatment of soils which are hazardous solely due to the presence of metals listed in subparagraph (A) of paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, using either of the following treatment technologies:
(A)
Screening to separate components based on size.
(B)
Magnetic separation.
(8)
Except as provided in Section 25201.5, treatment of oil mixed with water and oil/water separation sludges, using any of the following treatment technologies:
(A)
Phase separation by filtration, centrifugation, or gravity settling, but excluding supercritical fluid extraction. This phase separation may include the use of demulsifiers and flocculants in those processes, even if the processes involve the application of heat, if the heat is applied in totally enclosed tanks and containers, and if it does not exceed 160 degrees Fahrenheit, or any lower temperature which may be set by the department.
(B)
Separation based on differences in physical properties, such as size, magnetism, or density.
(C)
Reverse osmosis.
(9)
Neutralization of acidic or alkaline wastes that are hazardous only due to corrosivity, or toxicity that results only from the acidic or alkaline material, in elementary neutralization units, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, if the waste contains less than 10 percent acid or base constituents by weight, and are treated in tanks or containers and piping, constructed of materials compatible with the range of temperatures and pH levels, and subject to appropriate pH and temperature controls. If the waste contains more than 10 percent acid or base constituents by weight, the volume treated in a single batch at any one time shall not exceed 500 gallons.
(10)
Processing of more than 500 gallons per month for disposal of effluent hazardous waste from the processing of silver halide-based imaging products, if the treatment also complies with the requirements of paragraph (7) of subdivision (c) of Section 25201.5, with the exception of the volume limit in subparagraph (D) of paragraph (7) of subdivision (c) of Section 25201.5.
(11)
Treatment of spent cleaners and conditioners which are hazardous solely due to the presence of copper or copper compounds, subject to the following:
(A)
The following requirements are met, in addition to all other requirements of this section:
(i)
The waste stream does not contain more than 5000 ppm total copper.
(ii)
The generator does not generate for treatment any more than 1000 gallons of the waste stream per month.
(iii)
The treatment technologies employed are limited to those set forth in paragraph (1) for metallic wastes.
(iv)
The generator keeps records documenting compliance with this subdivision, including records indicating the volume and concentration of wastes treated, and the management of related solutions which are not cleaners or conditioners.
(B)
Cleaners and conditioners, for purposes of this paragraph, are solutions containing surfactants and detergents to remove dirt and foreign objects. Cleaners and conditioners do not include microetch, etchant, plating, or metal stripping solutions or solutions containing oxidizers, or any cleaner based on organic solvents.
(C)
A grant of conditional authorization under this paragraph shall expire on January 1, 1995, unless extended by the department pursuant to this section.
(D)
The department shall evaluate the treatment activities described in this paragraph and shall designate, by regulation, not later than January 1, 1995, those activities eligible for conditional authorization and those activities subject to permit-by-rule. In adopting regulations under this subparagraph, the department shall consider all of the following:
(i)
The volume of waste being treated.
(ii)
The concentration of the hazardous waste constituents.
(iii)
The characteristics of the hazardous waste being treated.
(iv)
The risks of the operation, and breakdown, of the treatment process.
(12)
Any wastestream technology combination certified by the department, pursuant to Section 25200.1.5, as suitable for authorization pursuant to this section, that operates pursuant to the conditions imposed on that certification.
(b)
Any treatment performed pursuant to this section shall comply with all of the following, except as to generators, who are treating hazardous waste pursuant to paragraph (12) of subdivision (a), who shall also comply with any additional conditions of the specified certification if those conditions are different from those set forth in this subdivision:
(1)
The total volume of hazardous waste treated in the unit in any calendar month shall not exceed 5,000 gallons or 45,000 pounds, whichever is less, unless the waste is a dilute aqueous waste described in paragraph (1), (2), or (9) of subdivision (a) or oily wastes as described in paragraph (8) of subdivision (a). The department may by regulation impose volume limitations on wastes which have no limitations under this section, as may be necessary to protect human health and the environment.
(2)
The treatment is conducted in tanks or containers.
(3)
The treatment does not consist of the use of any of the following:
(A)
Chemical additives, except for pH adjustment, chrome reduction, oil/water separation, and precipitation with the use of flocculants, as allowed by this section.
(B)
Radiation.
(C)
Electrical current except in the use of electrowinning, as allowed by this section, or in the processing of silver halide effluent pursuant to paragraph (10) of subdivision (a).
(D)
Pressure, except for reverse osmosis, filtration, and crushing, as allowed by this section.
(E)
Application of heat, except for drying to remove water or demulsification, as allowed by this section.
(4)
All treatment residuals and effluents are managed and disposed of in accordance with applicable federal, state, and local requirements.
(5)
The treatment process does not do either of the following:
(A)
Result in the release of hazardous waste into the environment as a means of treatment or disposal.
(B)
Result in the emission of volatile hazardous waste constituents or toxic air contaminants, unless the emission is in compliance with the rules and regulations of the local air pollution control or air quality management district.
(6)
The generator unit complies with any additional requirements set forth in regulations adopted pursuant to this section.
(c)
A generator or person owning or operating pursuant to subdivision (a) shall comply with all of the following requirements:
(1)
Except as provided in paragraph (4), the generator shall comply with the standards applicable to generators specified in Chapter 12 (commencing with Section 66262.10) of Division 4.5 of Title 22 of the California Code of Regulations and with the applicable requirements in Sections 66265.12, 66265.14, and 66265.17 of Title 22 of the California Code of Regulations.
(2)
The generator shall comply with Section 25202.9 by making an annual waste minimization certification.
(3)
The generator shall comply with the environmental assessments procedures required pursuant to subdivisions (a) to (e), inclusive, of Section 25200.14. If that assessment reveals that there is contamination resulting from the release of hazardous waste or constituents from a solid waste management unit or a hazardous waste management unit at the generator’s facility, regardless of the time at which waste was released, the generator shall take every action necessary to expeditiously remediate that contamination, unless the generator provides documentation to the department and the local agency which demonstrates, to a degree of certainty which conforms to generally accepted professional standards, that the contamination does not present a substantial hazard to human health or the environment. If a facility is remediating the contamination pursuant to, and in compliance with the provisions of, an order issued by a California regional water quality control board or other state or federal environmental enforcement agency, that remediation shall be adequate for the purposes of complying with this section, as the remediation pertains to the jurisdiction of the ordering agency. This paragraph does not limit the department’s authority pursuant to Section 25187 as may be necessary to protect human health or the environment.
(4)
The generator unit shall comply with container and tank standards applicable to non-RCRA wastes, unless otherwise required by federal law, specified in subdivisions (a) and (b) of Section 66264.175 of Title 22 of the California Code of Regulations, as the standards apply to container storage and transfer activities, and to Article 9 (commencing with Section 66265.170) and Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations, except for Section 66265.197 of Title 22 of the California Code of Regulations.
(A)
Unless otherwise required by federal law, ancillary equipment for a tank or container treating hazardous wastes solely pursuant to this section, is not subject to Section 66265.193 of Title 22 of the California Code of Regulations, if the ancillary equipment’s integrity is attested to, pursuant to Section 66265.191 of Title 22 of the California Code of Regulations, every two years from the date that retrofitting requirements would otherwise apply.
(B)
The Legislature hereby finds and declares that in the case of underground, gravity-pressured sewer systems, integrity testing is often not feasible. Therefore, on or before June 30, 1994, the department shall, by regulation, determine the best feasible leak detection measures which are sufficient to assure that underground gravity-pressured sewer systems, for which it is not feasible to conduct integrity testing, do not leak. After July 1, 1994, if it is not feasible for an operator’s ancillary equipment, or a portion thereof, to undergo integrity testing, the operator is not subject to Section 66265.193 of Title 22 of the California Code of Regulations, if the operator implements the best feasible leak detection measures which are determined to be sufficient by the department in those regulations, and those leak detection measures do not reveal any leaks emanating from the operator’s ancillary equipment. Any ancillary equipment found to leak shall be retrofitted by the operator to meet the secondary containment standards of Section 66265.196 of Title 22 of the California Code of Regulations.
(5)
The generator shall prepare and maintain a written inspection schedule and a log of inspections conducted.
(6)
The generator shall prepare and maintain written operating instructions and a record of the dates, concentrations, amounts, and types of waste treated. Records maintained to comply with the state, federal, or local programs may be used to satisfy this requirement, to the extent that those documents substantially comply with the requirements of this section. The operating instructions shall include, but not be limited to, directions regarding all of the following:
(A)
How to operate the treatment unit and carry out waste treatment.
(B)
How to recognize potential and actual process upsets and respond to them.
(C)
When to implement the contingency plan.
(D)
How to determine if the treatment has been efficacious.
(E)
How to address the residuals of waste treatment.
(7)
The generator shall maintain adequate records to demonstrate to the department that the requirements and conditions of this section are met, including compliance with all applicable pretreatment standards and with all applicable industrial waste discharge requirements issued by the agency operating the publicly owned treatment works into which the wastes are discharged. The records shall be maintained onsite for a period of five years.
(8)
The generator shall treat only waste which is generated onsite. For purposes of this chapter, a residual material from the treatment of a hazardous waste generated offsite is not a waste that has been generated onsite.
(9)
The generator shall submit a fee to the State Board of Equalization in the amount required by Section 25205.14. The generator shall submit that fee within 30 days of the date that the fee is assessed by the State Board of Equalization.
(10)
Notwithstanding any other provision of law, the generator shall submit the fee required by Section 25205.14 for the 1993 reporting period to the department as part of, and at the same time as, the notification required pursuant to subdivision (f) that is due on April 1, 1993. Any notification not accompanied by payment of the fee is invalid and shall not result in a grant of conditional authorization.
(d)
Notwithstanding any other provision of law, the following activities are ineligible for conditional authorization:
(1)
Treatment in any of the following units:
(A)
Landfills.
(B)
Surface impoundments.
(C)
Injection wells.
(D)
Waste piles.
(E)
Land treatment units.
(2)
Commingling of hazardous waste with any hazardous waste that exceeds the concentration limits or pH limits specified in subdivision (a), or diluting hazardous waste in order to meet the concentration limits or pH limits specified in subdivision (a).
(3)
Treatment using a treatment process not specified in subdivision (a).
(4)
Pretreatment or posttreatment activities not specified in subdivision (a).
(5)
Treatment of any waste which is reactive or extremely hazardous.
(e)
The department may, upon a petition being presented, adopt regulations which are not emergency regulations to consider granting a conditional authorization to a new treatment technology. An operator of a new technology which is granted a conditional authorization is subject to subdivisions (f), (g), (h), (i), (j), (k), and (
l) pursuant to the requirements of paragraph (3) of subdivision (c). For the purposes of this subdivision, “new technology” means a hazardous waste treatment technology which, as it is applied to a specific waste stream, is not identified in this section or Section 25201.5 or in the department’s regulations relating to permit-by-rule or hazardous waste facility permits. In order to conditionally authorize a new technology, the department shall find all of the following:
(1)
The hazardous waste to be treated is defined by paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of subdivision (a).
(2)
The new treatment technology complies with all of the conditions of subdivision (b).
(3)
The generator complies with subdivision (c).
(4)
The treatment technology does not violate paragraph (1), (2), or (5) of subdivision (d).
(5)
The new treatment technology poses no greater risk to the public health and the environment than those technologies specifically made eligible for conditional authorization by this section.
(f)
Any generator operating pursuant to a grant of conditional authorization under this section shall notify by certified mail, with return receipt requested, the department and the local health officer or other local public officer designated by the director pursuant to Section 25180 on or before April 1, 1993, or for a generator commencing the first treatment of hazardous waste pursuant to this section, not less than 60 days prior to commencing the first treatment of that waste pursuant to this section, whichever date is later. Each notification shall be completed, dated, and signed according to the requirements of Section 66270.11 of Title 22 of the California Code of Regulations, as those requirements that were in effect on January 1, 1992, and apply to hazardous waste facilities permit applications, shall be on a form prescribed by the department, and shall include, but not be limited to, all of the following information:
(1)
The name, identification number, site address, mailing address, and telephone number of the generator to whom the conditional authorization is granted.
(2)
A description of the physical characteristics and chemical composition of the hazardous waste to which the conditional authorization applies.
(3)
A description of the hazardous waste treatment activity to which the conditional authorization applies, including the basis for determining that a hazardous waste facility permit is not required under the federal act.
(4)
A description of the characteristics and management of any treatment residuals.
(5)
Documentation of any convictions, judgments, settlements, or orders resulting from an action by any local, state, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code). For purposes of this paragraph, a notice of violation for any local, state, or federal agency does not constitute an order and a generator is not required to report the notice unless the violation is not corrected and the notice becomes a final order.
(g)
Any generator operating pursuant to a grant of conditional authorization shall comply with all regulations adopted by the department relating to generators of hazardous waste.
(h)
Upon terminating operation of any treatment process or unit conditionally authorized pursuant to this section, the generator conducting treatment pursuant to this section shall remove or decontaminate all waste residues, containment system components, soils, and other structures or equipment contaminated with hazardous waste from the unit. The removal of the unit from service shall be conducted in a manner that does both of the following:
(i)
Minimizes the need for further maintenance.
(ii)
Eliminates the escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or waste decomposition products to the environment after the treatment process is no longer in operation.
Any generator conducting treatment pursuant to this section who permanently ceases operation of a treatment process or unit that is conditionally authorized pursuant to this section shall provide written notification to the department and to the local health officer or other local public officer designated by the director pursuant to Section 25180 upon completion of all activities required under this subdivision.
(i)
In adopting regulations pursuant to this section, the department may impose any further restrictions or limitations consistent with the conditionally authorized status conferred by this section which are necessary to protect human health and the environment.
(j)
The department may revoke any conditional authorization granted pursuant to this section. The department shall base a revocation on any one of the causes set forth in subdivision (a) of Section 66270.43 of Title 22 of the California Code of Regulations or in Section 25186, or upon a finding that operation of the facility in question will endanger human health, domestic livestock, wildlife, or the environment. The department shall conduct the revocation of a conditional authorization granted pursuant to this section in accordance with Chapter 21 (commencing with Section 66271.1) of Division 4.5 of Title 22 of the California Code of Regulations and as specified in Section 25186.7.
(k)
A generator may contract with another party to provide onsite treatment pursuant to conditional authorization in accordance with this section. Any person who performs onsite treatment in a transportable treatment unit pursuant to this subdivision shall comply with the standards set forth in this chapter for the same treatment units treating the same waste streams and shall be subject to any additional requirements for transportable treatment units that are imposed by the department by regulations adopted pursuant to this section. The additional requirements may include, but shall not be limited to, a waste analysis plan, site-specific notification, financial assurances for third-party liability, operating standards, records retention, and time limits for the operation of the transportable treatment unit at a particular site.
(
l)
A generator shall submit an amended notification to the department and the local health officer or other local public officer designated by the director pursuant to Section 25180, in person, or by certified mail, with return receipt requested, on or before April 1, 1993, and within 30 days of any change in operation which necessitates modifying any of the information submitted in the notification required pursuant to subdivision (f). Each amended notification shall be completed, dated, and signed in accordance with the requirements of Section 66270.11 of Title 22 of the California Code of Regulations, as those requirements apply to hazardous waste facilities permit applications.
(m)
A person who has submitted a notification to the department pursuant to subdivision (f) shall be deemed to be operating pursuant to this section, and shall be subject to the fee set forth in subdivision (a) of Section 25205.14 until that person submits to the department in person, or by certified mail, with return receipt requested, a certification that the generator has ceased all treatment activities of hazardous waste streams authorized pursuant to this section in accordance with the requirements of subdivision (h).
(n)
The development and publication of the notification form specified in subdivision (f) is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall hold at least one public workshop concerning the development of the notification form.