2005 California Health and Safety Code Sections 25200-25205 Article 9. Permitting of Facilities

25200.  (a) The department shall issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility that in the judgment of the department meet the
building standards published in the State Building Standards Code
relating to hazardous waste facilities and the other standards and
requirements adopted pursuant to this chapter.  The department shall
impose conditions on each hazardous waste facilities permit
specifying the types of hazardous wastes that may be accepted for
transfer, storage, treatment, or disposal.  The department may impose
any other conditions on a hazardous waste facilities permit that are
consistent with the intent of this chapter.
   (b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility that receives hazardous waste from more than
one producer comply with any order of the director that prohibits
the facility operator from refusing to accept a hazardous waste based
on geographical origin that is authorized to be accepted and may be
accepted by the facility without extraordinary hazard.
   (c) (1) (A) Any hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10 years
for any land disposal facility, storage facility, incinerator, or
other treatment facility.
   (B) Before the fixed term of a permit expires, the owner or
operator of a facility intending to extend the term of the facility's
permit shall submit a complete Part A application for a permit
renewal.  At any time following the submittal of the Part A
application, the owner or operator of a facility shall submit a
complete Part B application, or any portion thereof, as well as any
other relevant information, as and when requested by the department.
To the extent not inconsistent with the federal act, when a complete
Part A renewal application, and any other requested information, has
been submitted before the end of the permit's fixed term, the permit
is deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable rights
of appeal.
   (C) This section does not limit or restrict the department's
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and the
environment.
   (D) In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification procedures
specified in this chapter and the regulations adopted pursuant to
this chapter.
   (E) When prioritizing pending renewal applications for processing
and in determining the need for any new conditions on an extended
permit, the department shall consider any input received from the
public.
   (2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary, to
assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.
   (3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.
   (d) (1) When reviewing any application for a permit renewal, the
department shall consider improvements in the state of control and
measurement technology as well as changes in applicable regulations.
   (2) Each permit issued or renewed under this section shall contain
the terms and conditions that the department determines necessary to
protect human health and the environment.
   (e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued.  In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
25200.1.  Notwithstanding Section 25200, the department shall not
issue a hazardous waste facility permit to a facility which commences
operation on or after January 1, 1987, unless the department
determines  that the facility operator is in compliance with
regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.
25200.1.5.  (a) The department may establish an administrative
process to certify hazardous waste environmental technologies that it
determines will not pose a significant potential hazard to human
health and safety or to the environment if they are used under
specified operating conditions.  Hazardous waste environmental
technologies which may be certified shall include, but are not
limited to, hazardous waste management technologies, site mitigation
technologies, and waste minimization and pollution prevention
technologies.  The certification process shall not be used for
hazardous waste incineration technologies.  The certification shall
include all of the following:
   (1) A statement of the technical specifications applicable to the
technology.
   (2) A determination of the composition of the hazardous wastes or
chemical constituents for which the technology can appropriately be
used.
   (3) An estimate of the efficacy and efficiency of the technology
in regard to the hazardous wastes or chemical constituents for which
it is certified.
   (4) A specification of the minimal operational standards the
technology is required to meet to ensure that the certified
technology is managed properly and used safely.
   (b) An applicant for certification of a hazardous waste
environmental technology shall provide the department with any
information required by the department to make a determination on the
application for certification.
   (c) The department's proposed decision on an application for
certification of a hazardous waste environmental technology shall be
published in the California Regulatory Notice Register and shall be
subject to a 30-day comment period.  The department's final decision
on an application for certification of a hazardous waste
environmental technology shall become effective not sooner than 30
days from the date of publication of the final decision in the
California Regulatory Notice Register.
   (d) The department may decertify a hazardous waste environmental
technology if it determines, on the basis of any information, that
the hazardous waste environmental technology may pose a significant
potential hazard to human health and safety or to the environment.
The department may decertify a hazardous waste environmental
technology in accordance with the procedure set forth in subdivision
(c).
   (e) The department's decision on an application for certification
under this section is exempt from the requirements of Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), and Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and shall not be
subject to the review and approval of the Office of Administrative
Law.
   (f) Based on the determination made by the department pursuant to
subdivision (a), other local and state government permitting
authorities may take this certification process into consideration
when making their permitting decisions.
   (g) (1) The department shall place appropriate conditions on any
certification granted pursuant to this section.  Those conditions may
include, but are not limited to, all of the following:
   (A) Limits on the types, volume, and concentration of waste
streams that may be employed with the technology.
   (B) Operating requirements.
   (C) Monitoring requirements.
   (2) Any technology certified by the department pursuant to this
section may be eligible for authorization pursuant to permit-by-rule
or conditional authorization pursuant to Section 25200.3, or
conditional exemption pursuant to Section 25201.5, only if the
department determines that the use of that technology to handle the
waste stream or streams is demonstrated to be as safe and as
effective as the processes that are subject to regulation pursuant to
permit-by-rule or conditional authorization pursuant to Section
25200.3 or conditional exemption pursuant to Section 25201.5.  A
certified technology determined to be eligible for authorization
pursuant to permit-by-rule shall, in addition to any conditions
placed on the certification pursuant to paragraph (1), operate in
accordance with all conditions of the certification and
permit-by-rule.
   (3) In determining the placement of a technology certified
pursuant to this section for operation pursuant to permit-by-rule or
pursuant to a grant of conditional authorization under Section
25200.3 or conditional exemption under Section 25201.5, the
department shall, to the extent information is available, consider
all the following factors in making its determination:
   (A) The hazardous waste streams that are treated using the
treatment methods and the hazards to human health and safety or the
environment posed by those hazardous wastes and their hazardous
constituents.
   (B) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
   (C) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which these hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
   (D) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
   (E) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
   (h) The department shall charge fees to review and certify
environmental technologies pursuant to this section that are
sufficient to recover the actual costs of the department in reviewing
and approving the technology.
   (i) The department shall implement a program to continually
monitor and oversee manufacturers and users of technologies certified
pursuant to this section, to ensure that the certified technologies
are operating in a manner which is not hazardous to human health and
safety or to the environment.
   (j) The department shall adopt regulations to implement the
certification process.
25200.2.  (a) The department shall develop a permitting process for
transportable hazardous waste treatment units for treating hazardous
waste in accordance with the federal act and in accordance with this
chapter for hazardous wastes that are not otherwise subject to the
federal act.  The permitting process shall require the units to be
permitted pursuant to the regulations of the department for operation
pursuant to a permit-by-rule, a hazardous waste facilities permit,
or pursuant to the regulations of the department for operation under
a standardized permit adopted pursuant to Section 25201.6, whichever
the department determines to be appropriate, by regulation, depending
on the nature of the treatment units and the type of hazardous waste
to be treated, and without regard to whether the units are
determined to be onsite or offsite treatment units.
   (b) (1) The operator of a transportable hazardous waste treatment
unit shall pay the same annual fee as facilities authorized to
operate pursuant to a permit-by-rule specified in subdivision (a) of
Section 25205.14.  The operator of a unit is exempt from paying the
facility fee specified in Section 25205.2 for any year or reporting
period during which the unit was operating for any activity
authorized under permit, except as specified in subdivision (b) of
Section 25205.12.
   (2) The department shall report on the actual costs of managing
the transportable hazardous waste treatment units in the annual
onsite treatment report required pursuant to subparagraph (D) of
paragraph (3) of subdivision (a) of Section 25171.5.  Notwithstanding
paragraph (1), the Legislature may authorize the department to
recover the costs to manage the transportable treatment units should
the actual costs exceed the revenue raised by the fees specified in
Section 25205.14.
   (c) A transportable hazardous waste treatment unit operating
pursuant to a hazardous waste facilities permit, a standardized
permit, or pursuant to the department's regulations for operation
under a permit-by-rule may operate at a facility for a period not to
exceed one year.  If the owner or operator of the transportable
hazardous waste treatment unit shows cause, the department may
authorize up to two extensions of this period, of six months
duration, during which the transportable hazardous waste treatment
unit may operate at the facility, if the department reviews the
justification for the extension request after the first six-month
period.
   (d) Notwithstanding any other provision of this section, if, as of
March 1, 1996, the department has not issued proposed regulations,
or has not adopted emergency regulations, to implement the changes
made to this section by the act adding this subdivision, until the
department issues or adopts those regulations, the department shall
regulate all transportable treatment units operating pursuant to a
permit-by-rule on January 1, 1996, pursuant to the regulations
adopted by the department with regard to permit-by-rule, and shall
regulate all transportable treatment units operating pursuant to a
hazardous waste facilities permit on January 1, 1996, pursuant to the
regulations providing for a standardized permit.
25200.3.  (a) 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
facilities 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
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), 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 supercritical 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 wastes contain 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) 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, 1998, 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, 1997, 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.
   (11) Any waste stream 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 (11) 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 safety or 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.
   (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 air pollution
control district 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 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 assessment
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 the waste was released, the generator shall take every
action necessary to expeditiously remediate that contamination, if
the contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department.  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 authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety 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) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
   (ii) The best feasible leak detection measures which are
sufficient to ensure that underground gravity-pressured sewer
systems, for which it is not feasible to conduct integrity testing,
do not leak.
   (iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be 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 and the unified program agency 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 hazardous 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) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule.  The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
   (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) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
   (A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
   (3) Each notification submitted pursuant to this subdivision 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,  1996, 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:
   (A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
   (B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
   (C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
   (D) A description of the characteristics and management of any
treatment residuals.
   (E) 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.
   (f) 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.
   (g) (1) 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 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:
   (A) Minimizes the need for further maintenance.
   (B) 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.
   (2) 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, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
   (A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (h) 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 safety and
the environment.
   (i) 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 and safety, 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.
   (j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste.  If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators.  The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
   (k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to one of the
following:
   (A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (2) 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.
   (l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (a) of Section 25205.14
until that person submits 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 (g).  The certification required by this subdivision
shall be submitted, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
   (1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (m) The development and publication of the notification form
specified in subdivision (e) 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.
25200.3.1.  (a) For purposes of this section, the following
definitions apply:
   (1) "Laboratory" means a workplace where relatively small
quantities of hazardous chemicals are handled or used in a manner
that meets all of the following criteria:
   (A) Chemical reactions, transfers, and handling are carried out
using containers that are designed to be easily and safely
manipulated by one person.
   (B) Protective laboratory practices and equipment are available
and in common use to minimize the potential for laboratory worker
exposure to hazardous chemicals.
   (C) The chemical procedures conducted in the laboratory meet all
of the following criteria:
   (i) The chemical procedures are conducted for purposes of
education, research, chemical analysis, clinical testing, or product
development, testing, or quality control.
   (ii) The chemical procedures are not part of the actual commercial
production of chemicals or other products, and are not part of
production development activities, unless the activities are
conducted on the scale of a research laboratory.
   (iii) The chemical procedures are not part of the treatment of
hazardous waste, other than the treatment of laboratory hazardous
waste pursuant to subdivision (c).
   (2) "Laboratory accumulation area" means the area where laboratory
hazardous wastes are accumulated pursuant to subdivision (b).  The
laboratory accumulation area may be located in the room in which the
accumulated laboratory hazardous wastes are generated or in another
onsite location.
   (3) "Laboratory hazardous waste" means hazardous waste generated
in a laboratory by chemical procedures meeting the criteria specified
in subparagraph (C) of paragraph (1).
   (b) Notwithstanding paragraph (1) of subdivision (d) of Section
25123.3, and except as otherwise required by the federal act, up to
55 gallons of laboratory hazardous waste, or one quart of laboratory
hazardous waste that is acutely hazardous waste, may be accumulated
onsite in a laboratory accumulation area that is located as close as
is practical to the location where the laboratory hazardous waste is
generated, if all of the following conditions are met:
   (1) The laboratory accumulation area is managed under the control
of one or more designated personnel who have received training
commensurate with their responsibilities and authority for managing
laboratory hazardous wastes, and unsupervised access to the
laboratory accumulation area is limited to personnel who have
received training commensurate with their responsibilities and
authority for managing laboratory hazardous wastes.
   (2) The laboratory hazardous wastes are managed so as to ensure
that incompatible laboratory hazardous wastes are not mixed, and are
otherwise prevented from coming in contact with each other.  However,
incompatible laboratory hazardous wastes may be mixed together
during treatment meeting the requirements of subdivision (c), if one
laboratory hazardous waste is being used to treat another laboratory
hazardous waste pursuant to procedures identified in paragraph (1) of
subdivision (c).
   (3) The amount of laboratory hazardous wastes accumulated in the
laboratory accumulation area is appropriate for the space limitations
and the need to safely manage the containers and separate
incompatible laboratory hazardous wastes.
   (4) All of the requirements of subdivision (d) of Section 25123.3
are met, except for the requirements of paragraph (1) of subdivision
(d) of Section 25123.3.
   (c) Notwithstanding any other provision of law, and except as
otherwise required by the federal act, a hazardous waste facilities
permit or other grant of authorization from the department is not
required for treatment of laboratory hazardous waste generated
onsite, if all of the following requirements are met:
   (1) The laboratory hazardous waste is treated in containers using
recommended procedures and quantities for treatment of laboratory
wastes published by the National Research Council or procedures for
treatment of laboratory wastes published in peer-reviewed scientific
journals.
   (2) The laboratory hazardous waste is treated at a location that
is as close as is practical to the location where the laboratory
hazardous waste is generated, and the treatment is conducted within
10 calendar days after the date the laboratory hazardous waste is
generated.
   (3) The amount of laboratory hazardous waste treated in a single
batch does not exceed the quantity limitation specified in
subparagraph (A) or (B), whichever is the smaller quantity:
   (A) Five gallons or 18 kilograms, whichever is greater.
   (B) (i) Except as otherwise provided in clause (ii), the quantity
limit recommended in the procedures published by the National
Research Council or in other peer-reviewed scientific journals for
the treatment procedure being used.
   (ii) Except as otherwise specified in subparagraph (A), the amount
of laboratory hazardous waste treated in a single batch may exceed
the quantity limit specified in clause (i) if a qualified chemist has
demonstrated that the larger quantity can be safely treated, and
documentation of the demonstration is maintained onsite.  The
documentation shall be made available for inspection upon request by
a representative of the department or the CUPA, or if there is no
CUPA, the agency authorized pursuant to subdivision (f) of Section
25404.3.
   (4) The laboratory hazardous waste treated is from a single
procedure, or set of procedures that are part of the same laboratory
process.
   (5) The person performing the treatment has knowledge of the
laboratory hazardous waste being treated, including knowledge of the
procedure that generated the laboratory hazardous waste, and has
received hazardous waste training, including how to conduct the
treatment, manage treatment residuals, and respond effectively to
emergency situations.
   (6) Training records for all persons performing treatment of
laboratory hazardous wastes pursuant to this subdivision are
maintained for a minimum of three years.
   (7) The laboratory hazardous waste is managed in accordance with
applicable requirements for generators accumulating laboratory
hazardous waste under this chapter and the regulations adopted by the
department, and all treatment residuals and effluents are managed in
accordance with applicable federal, state and local requirements.
   (8) All records maintained by the laboratory pertaining to
treatment conducted pursuant to this subdivision are made available
for inspection upon request by a representative of the department or
the CUPA, or if there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
   (d) For laboratory hazardous wastes that contain radioactive
material, the requirements of this section apply in addition to, but
do not supercede, applicable federal and state requirements governing
the management of radioactive materials.
   (e) The department may adopt regulations that specify additional
requirements for accumulating laboratory hazardous wastes pursuant to
subdivision (b) or treating laboratory hazardous wastes pursuant to
subdivision (c), if the department determines these additional
requirements are necessary for protection of public health and the
environment.
25200.4.  (a) Any application for a hazardous waste facilities
permit or other grant of authorization to use and operate a hazardous
waste facility made pursuant to this article, except for an
application made by a federal, state, or local agency, shall include
a disclosure statement, as defined in Section 25112.5.
   (b) The requirements of this section do not apply to a person
operating pursuant to a permit-by-rule, conditional authorization, or
conditional exemption.
   (c) Notwithstanding subdivision (a), an applicant for a series C
standardized permit, as specified in Section 25201.6, shall submit a
disclosure statement to the department only upon request.
25200.5.  (a) Except as provided in Sections 25200.7 and 25200.9,
any person who desires to continue the use or operation of a
hazardous waste facility which was in existence on November 19, 1980,
or which was in existence on the effective date of any statute or
regulation which subjected that facility to hazardous waste
facilities permit requirements under this chapter, pending the review
and decision of the department on the permit application, may be
granted interim status by the department if the person has made
application for a permit pursuant to Section 25200, or has made
application pursuant to Section 25201.6, and, if treating a waste
regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
   (b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
   (1) Treat, store, transfer, or dispose of hazardous wastes which
are not specified in Part A of the permit application.
   (2) Employ processes not described in Part A of the permit
application.
   (3) Exceed the design capacities specified in Part A of the permit
application.
   (c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter.  Interim status may be granted subject to any conditions
which the department deems necessary to protect public health or the
environment.  Interim status shall not be valid beyond the date of
the decision of the department on the permit application.
   (d) The department shall not grant interim status to  any person
to operate a hazardous waste facility if the facility has been
subject to any of the following actions:
   (1) Denial of a hazardous waste facilities permit.
   (2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
   (3) Termination of a grant of interim status.
   (e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
   (f) Any land disposal facility, as defined in subdivision (h) of
Section 25179.3, which lost interim status pursuant to paragraph (2)
or (3) of subsection (e) of Section 6925 of Title 42 of the United
States Code is deemed to have lost interim status granted under this
section to operate a facility managing hazardous waste regulated
pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.).
   (g) The termination date for interim status for any land disposal
facility, as defined in subdivision (h) of Section 25179.3, which is
in existence on the effective date of any statute or the regulation
adopted pursuant to that statute which subjects the facility to
hazardous waste facilities permit requirements under this chapter,
and which is granted interim status under this section, is the date
12 months after the date on which the facility first becomes subject
to the hazardous waste facilities permit requirements, 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, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
   (2) The owner or operator of the facility does both of the
following:
   (A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
   (B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
   (h) The termination date for interim status for any incinerator
facility which submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
   (1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
   (2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
   (i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), which
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:
   (1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
   (2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200  for the facility on or before November 8,
1988.
   (j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200, which was filed before
November 8, 1984, for an offsite hazardous waste facility subject to
subdivision (i), and not subject to Section 25200.7 or 25200.11.  In
taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.
   (k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
   (2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.
25200.6.  (a) The department shall not issue a hazardous waste
facilities permit for an injection well or for the  discharge of
hazardous waste into an injection well unless all of the following
conditions are met:
   (1) A hydrogeological assessment report has been approved pursuant
to Section 25159.18.
   (2) The groundwater monitoring required by Section 25159.16 is
included as a permit condition.
   (3) The department finds that the hazardous wastes to be
discharged cannot be reasonably and adequately reduced, treated, or
disposed of by an alternative method other than well injection.  This
finding shall be in writing and shall be supported by evidence
citing specific evidence presented to the department or evidence
which is otherwise made available to the department.  The department
shall provide public notice and opportunity for comment before making
this finding.
   (4) The horizontal and vertical extent of the permitted injection
zone specified pursuant to Section 25159.20 is included as a permit
condition.
   (5) The permit complies with and incorporates as a permit
condition any waste discharge requirements issued by the state board
or a regional board and the permit is consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of the
Water Code and Article 3 (commencing with Section 13240) of Chapter 4
of Division 7 of the Water Code and with the state policies for
water quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, and any
amendments made to these plans, policies, or requirements.  The
department may also include any more stringent requirement which the
department determines is necessary or appropriate to protect water
quality.
   (b) Notwithstanding the requirement to submit a hydrogeological
assessment report before application for a hazardous waste facility
permit under Section 25259.  18, or notwithstanding the requirement
to have a hazardous waste facility permit or an approved
hydrogeological assessment report before application for an exemption
pursuant to subdivision (b) of Section 25159.15, the department
shall process any applications for a hazardous waste facility permit
to construct a new injection well from any person who has applied
between May 15, 1984, and December 31, 1984, for an underground
injection control permit from the federal Environmental Protection
Agency pursuant to the Safe Drinking Water Act and who has received
that permit by July 1, 1986, in the following manner:
   (1) The department shall accept a concurrent filing of the
hydrogeological assessment report required pursuant to Section
25159.18, the application for the hazardous waste facilities permit
filed pursuant to this section, and an application for an exemption
filed pursuant to subdivision (b) of Section 25159.15.
   (2) The department shall grant or deny the hazardous waste
facilities permit within six months of the concurrent filing of a
completed application as specified in paragraph (1).  However, the
department shall grant the hazardous waste facilities permit only if
the conditions in subdivision (a) are met.
25200.7.  (a) On or before November 8, 1988, the department shall
take final action on each application for a hazardous waste
facilities permit submitted to the department before January 1, 1988,
by either issuing a final permit pursuant  to the application or a
final denial of the application.
   (b) Subdivision (a) applies only to hazardous waste facilities
which are operating under a grant of interim status on January 1,
1988, which use a land disposal method, as defined in subdivision (h)
of Section 25179.3,  and which dispose of wastes regulated as
hazardous waste pursuant to the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
   (c) On or before November 8, 1989, the department shall take final
action on each application for a hazardous waste facilities permit
to operate an incinerator facility which was submitted before
November 8, 1984, by either issuing a final permit pursuant to the
application or a final denial of the application.
   (d) On or before November 8, 1992, the department shall take final
permit action on each application for a hazardous waste facilities
permit to operate any facility not otherwise subject to subdivision
(a) or (c) which was submitted before November 8, 1984.  The
department shall issue a final hazardous waste facilities permit
pursuant to the application or issue a final denial of the
application.
   (e) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (c) shall terminate on November 8,
1989, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1986.
   (f) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (d) shall terminate on November 8,
1992, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1988.
   (g) Subdivisions (c), (d), (e) and (f) do not apply to
applications for hazardous waste facilities permits to transfer,
treat, store, or dispose of non-RCRA hazardous wastes.
25200.8.  Any applicant for a final hazardous waste facilities
permit pursuant to Section 25200 who receives a notice of deficiency
from the department concerning the permit application shall submit
the information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department.  The department may initiate an
enforcement action pursuant to Section 25187 against any hazardous
waste facilities permit applicant who does not provide the
information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department.  If an applicant does not respond to
three or more of these notices of deficiency regarding the same or
different deficiencies or responds with substantially incomplete or
substantially unsatisfactory information on three or more occasions,
the department shall, pursuant to regulations adopted by the
department, initiate proceedings to deny the permit application.
This section does not limit the department's authority to take action
concerning the permit application before sending three notices of
deficiency.
25200.9.  The department shall not grant interim status for any
hazardous waste facility pursuant to Section 25200.5, unless either
of the following applies:
   (a) The hazardous waste management activities at the facility were
not subject to the hazardous waste facilities permit requirements
until on or after January 1, 1990, and the hazardous waste facility
had been engaged in these activities before the date that the
activities at the facility became subject to hazardous waste facility
permit requirements.
   (b) The hazardous waste management activities at the facility are
eligible for the department's standardized permit application
pursuant to Section 25201.6 and the hazardous waste facility was
engaged, or authorized to engage, in those activities on September 1,
1992.
25200.10.  (a) For purposes of this section, "facility" means the
entire site that is under the control of the owner or operator
seeking a hazardous waste facilities permit.
   (b) Except as provided in subdivisions (d) and (e), the
department, or a unified program agency approved to implement this
section pursuant to Section 25404.1, shall require, and any permit
issued by the department shall require, corrective action for all
releases of hazardous waste or constituents from a solid waste
management unit or a hazardous waste management unit at a facility
engaged in hazardous waste management, regardless of the time at
which waste was released at the facility.  Any corrective action
required pursuant to this section shall require that corrective
action be taken beyond the facility boundary where necessary to
protect human health and safety or the environment, unless the owner
or operator demonstrates to the satisfaction of the department or the
unified program agency, whichever agency required the corrective
action, that despite the owner's or operator's best efforts, the
owner or operator is unable to obtain the necessary permission to
undertake this action.  When corrective action cannot be completed
prior to issuance of the permit, the permit shall contain schedules
of compliance for corrective action and assurances of financial
responsibility for completing the corrective action.
   (c) This section does not limit the department's authority, or a
unified program agency's authority pursuant to Chapter 6.11
(commencing with Section 25404), to require corrective action
pursuant to Section 25187.
   (d) This section does not apply to a permit issued to a public
agency or person for the operation of a temporary household hazardous
waste collection facility pursuant to Article 10.8 (commencing with
Section 25218).
   (e) Unless otherwise expressly required by another provision of
this chapter, the corrective action required by subdivision (a) does
not apply to a person who treats hazardous waste pursuant to a
conditional exemption pursuant to this chapter, if the person is not
otherwise required to obtain a hazardous waste facilities permit or
other grant of authorization for any other hazardous waste management
activity at the facility.  This subdivision does not limit the
department's authority, the authority of a local health officer or
other local public officer authorized pursuant to Section 25187.7, or
the authority of a unified program agency approved pursuant to
Section 25404.1, to order corrective action pursuant to Section
25187.
   (f) (1) Pursuant to Article 8 (commencing with Section 25180), the
department shall require any offsite facility that was granted
interim status pursuant to Section 25200.5 prior to January 1, 1992,
and which is not subject to Section 25201.6, to comply with
subdivisions (a) to (d), inclusive, of Section 25200.14.  The grant
of interim status of a facility subject to this subdivision which, as
of July 1, 1997, has not complied with subdivisions (a) to (d),
inclusive, of Section 25200.14, shall terminate on that date.
   (2) For purposes of this subdivision, a facility is in compliance
with subdivisions (a) to (d), inclusive, of Section 25200.14 only if
the facility owner or operator has substantively performed the
requirements of subdivisions (a) to (d), inclusive, of Section
25200.14 and the regulations adopted pursuant to those provisions,
and the facility owner or operator has not merely agreed to a
schedule for future compliance, except insofar as submission of a
schedule pursuant to the requirements of subdivision (d) of Section
25200.14 may constitute substantive compliance with that subdivision.
   (3) Notwithstanding paragraph (2), a facility shall be deemed to
be in compliance with this subdivision if the department or a federal
agency has completed a RCRA facility, or equivalent assessment for
the facility on or before July 1, 1997.
25200.11.  (a) On or before July 1, 1993, the department shall take
final action on each application for a hazardous waste facilities
permit to be issued pursuant to Section 25200 for an offsite
hazardous waste facility which is not subject to the time limits
specified in Section 25200.7 and which has been operating under a
grant of interim status pursuant to Section 25200.5 prior to January
1, 1992, if the permit application was submitted to the department
before January 1, 1992.  In taking final action pursuant to this
section, the department shall either issue the hazardous waste
facilities permit or make a final denial of the application.  The
department may extend final action for one year upon its
determination that the permit application is complete and that more
time is needed for review and evaluation of the application.
   (b) On July 1, 1992, interim status granted for any existing
offsite hazardous waste facility, which is not subject to the time
limits specified in Section 25200.7, shall be terminated, unless the
department has received an application for a final hazardous waste
facilities permit pursuant to Section 25200 on or before June 30,
1992.
   (c) Except for facilities subject to Section 25201.6, for any
offsite facility, which facility or portion of facility was first
granted interim status pursuant to Section 25200.5 on or after
January 1, 1992, the department shall provide public notice for a
permit determination to issue or deny a hazardous waste facilities
permit for the facility, including a permit modification to
incorporate a portion of a facility operating under a grant of
interim status, not later than the following dates:
   (1) For interim status that was first granted on or after January
1, 1992, but prior to January 1, 1994, not more than four years from
the date that interim status was first granted.
   (2) For interim status that was first granted on or after January
1, 1994, but prior to January 1, 1996, not more than three years from
the date that interim status was first granted.
   (3) For interim status that was granted on or after January 1,
1996, not more than two years from the date that interim status was
first granted.
   (d) For purposes of complying with this section, any change in the
owner or operator of the hazardous waste facility shall not affect
the applicability of this section with respect to permit
determinations required for the facility, including a permit
modification to incorporate a portion of the facility operating under
a grant of interim status.
   (e) (1) Except as provided in paragraph (2), on or before July 1,
1997, for any facility operating under a grant of interim status
pursuant to Section 25200.5, based on operations conducted on
November 19, 1980, the department shall review the basis for the
grant of interim status, including any amendments of that grant, and
shall prepare status reports concerning the results of that review.
If the department discovers an error in the scope of a grant of
interim status made before July 1, 1997, and the error was caused in
whole, or in part, by an intentional or negligent false statement or
representation in the documents filed for purposes of establishing or
obtaining interim status, the department shall take immediate action
to correct the error, to the full extent authorized by law.  In
determining whether the scope of a grant of interim status made
before July 1, 1997, complies with this chapter, the department shall
require evidence other than facility owner or operator or employee
declarations pertaining to previous activities that are the basis for
that eligibility for interim status.
   (2) Paragraph (1) does not apply to a facility for which, on or
before March 1, 1997, a draft permit has been issued by and is being
processed by the department, a draft environmental impact report, or
other appropriate document prepared pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) has been issued and made
available for public comment and the environmental impact report or
other document prepared pursuant to the California Environmental
Quality Act considers all impacts to the environment from facility
operations, including, at a minimum, all changes to operations since
November 19, 1980, that were not addressed by a previous finally
approved document prepared pursuant to the California Environmental
Quality Act.  The issuance of an appropriate document under the
California Environmental Quality Act shall be deemed to have been
issued for purposes of this paragraph if the lead agency has
determined in writing that no further document is necessary under
that act for purposes of the permit issuance.
25200.12.  A modification to an offsite facility operating under
interim status pursuant to Section 25200.5 that requires a revised
Part A application pursuant to Article 4 (commencing with Section
66270.40) of Chapter 20 of Division 4.5 of Title 22 of the California
Code of Regulations, as that article read on January 1, 1992, is a
discretionary project for purposes of subdivision (a) of Section
21080 of the Public Resources Code and is subject to the requirements
of Division 13 (commencing with Section 21000) of the Public
Resources Code, unless the modification is otherwise excluded from
that division pursuant to paragraphs (2) to (15), inclusive, of
subdivision (b) of Section 21080 of the Public Resources Code.
25200.13.  For purposes of Sections 25200.11 and 25200.12, "offsite
facility" means a facility that serves more than one generator of
hazardous waste.
25200.14.  (a) For purposes of this section, "phase I environmental
assessment" means a preliminary site assessment based on reasonably
available knowledge of the facility, including, but not limited to,
historical use of the property, prior releases, visual and other
surveys, records, consultant reports, and regulatory agency
correspondence.
   (b) (1) Except as provided in paragraph (2) and in subdivision
(i), in implementing the requirements of Section 25200.10 for
facilities operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, or for generators
operating pursuant to a grant of conditional authorization under
Section 25200.3, the department or the unified program agency
authorized to implement this section pursuant to Section 25404.1
shall require the owner or operator of the facility or the generator
to complete and file a phase I environmental assessment with the
department or the authorized unified program agency not later than
one year from the date of adoption of the checklist specified in
subdivision (f), but not later than January 1, 1997, or one year from
the date that the facility or generator becomes authorized to
operate, whichever date is later.  After submitting a phase I
environmental assessment, the owner or operator of the facility or
the generator shall subsequently submit to the department or the
authorized unified program agency, during the next regular reporting
period, if any, updated information obtained by the facility owner or
operator or the generator concerning releases subsequent to the
submission of the phase I environmental assessment.
   (2) Paragraph (1) does not apply to a  facility owner or operator
that is conducting, or has conducted, a site assessment of the entire
facility or to a generator that is conducting, or has conducted, a
site assessment of the entire facility of the generator in accordance
with an order issued by a California regional water quality control
board or any other state or federal environmental enforcement agency.
   (c) An assessment which would otherwise meet the requirements of
this section that is prepared for another purpose and was completed
not more than three years prior to the date by which the facility
owner or operator or the generator is required to submit a phase I
environmental assessment may be used to comply with this section if
the assessment is supplemented by any relevant updated information
reasonably available to the facility owner or operator or to the
generator.
   (d) The department or the unified program agency authorized to
implement this section pursuant to Section 25404.1 shall not require
sampling or testing as part of the phase I environmental assessment.
A phase I environmental assessment shall be certified by the
facility owner or operator or by the generator, or by their designee,
or by a certified professional engineer, or a geologist, or a
registered environmental assessor.  The phase I environmental
assessment shall indicate whether the preparer believes that further
investigation, including sampling and analysis, is necessary to
determine whether a release has occurred, or to determine the extent
of a release from a solid waste management unit or hazardous waste
management unit.
   (e) (1) If the results of a phase I environmental assessment
conducted pursuant to subdivision (b) indicate that further
investigation is needed to determine the existence or extent of a
release from a solid waste management unit or hazardous waste
management unit, the facility owner or operator or the generator
shall submit a schedule, within 90 days from the date of submission
of the phase I environmental assessment, for that further
investigation to the department or to the unified program agency
authorized to implement this section pursuant to Section 25404.1.  If
the department or the authorized unified program agency determines,
based upon a review of the phase I environmental assessment or other
site-specific information in its possession, that further
investigation is needed to determine the existence or extent of a
release from a solid waste management unit or hazardous waste
management unit, in addition to any further action proposed by the
facility owner or operator  or the generator, or determines that a
different schedule is necessary to prevent harm to human health and
safety or to the environment, the department or the authorized
unified program agency shall inform the facility owner or operator
or the generator of  that determination and shall set a reasonable
time period in which to accomplish that further investigation.
   (2) In determining if a schedule is acceptable for investigation
or remediation of any facility or generator subject to this section,
the department may require more expeditious action if the department
determines that hazardous constituents are mobile and are likely
moving toward, or have entered, a source of drinking water, as
defined by the State Water Resources Control Board, or determines
that more expeditious action is otherwise necessary to protect human
health or safety or the environment.  To the extent that the
department determines that the hazardous constituents are relatively
immobile, or that more expeditious action is otherwise not necessary
to protect public health or safety or the environment, the department
may allow a longer schedule to allow the facility or generator to
accumulate a remediation fund, or other financial assurance
mechanism, prior to taking corrective action.
   (3) If a facility owner or operator or the generator is conducting
further investigation to determine the nature or extent of a release
pursuant to, and in compliance with, an order issued by a California
regional water quality control board or other state or federal
environmental enforcement agency, the department or the authorized
unified program agency shall deem that investigation adequate for the
purposes of determining the nature and extent of the release or
releases that the order addressed, as the investigation pertains to
the jurisdiction of the ordering agency.
   (f) The department shall develop a checklist to be used by
facility owners or operators and generators in conducting a phase I
environmental assessment.  The development and publication of the
checklist 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 checklist.  The checklist shall not exceed the
phase I requirements adopted by the American Society for Testing and
Materials (ASTM) for due diligence for commercial real estate
transactions.  The department shall deem compliance with  those ASTM
standards, or compliance with the checklist developed and published
by the department, as meeting the phase I environmental assessment
requirements of this section.
   (g) A facility, or to the extent required by the regulations
adopted by the department, a transportable treatment unit, operating
pursuant to a permit-by-rule shall additionally comply with the
remaining corrective action requirements specified in Section 67450.7
of Title 22 of the California Code of Regulations, in effect on
January 1, 1992.
   (h) A generator operating pursuant to a grant of conditional
authorization pursuant to Section 25200.3 shall additionally comply
with paragraph (3) of subdivision (c) of Section 25200.3.
   (i) The department or the authorized unified program agency shall
not require a phase I environmental assessment for those portions of
a facility subject to a corrective action order issued pursuant to
Section 25187, a cleanup and abatement order issued pursuant to
Section 13304 of the Water Code, or a corrective action required
under subsection (u) of Section 6924 of Title 42 of the United States
Code or subsection (h) of Section 6928 of Title 42 of the United
States Code.
25200.14.1.  (a) On or before July 1, 1997, the department shall
complete an evaluation of the phase I environmental assessment
requirement specified by Section 25200.14, and identify any necessary
and appropriate changes to that requirement.
   (b) In evaluating the phase I environmental assessment
requirement, the department shall, at a minimum, consider the
following issues:
   (1) Whether the phase I environmental assessment should continue
to encompass the entire facility or be limited to a portion of the
facility.
   (2) The extent to which, and under what conditions, the
information contained in the facility's phase I environmental
assessment should be maintained as confidential information not
available for release to the public or to governmental agencies other
than the department.
25200.15.  (a) The owner or operator of a facility that has a
hazardous waste facilities permit issued pursuant to Section 25200 or
25201.6 may change facility structures or equipment without
modifying the facility's hazardous waste facilities permit, if either
of the following apply:
   (1) The change to structures or equipment is not within a
permitted unit.
   (2) Both of the following apply to the change to the structures or
equipment:
   (A) The change to structures or equipment is within the boundary
of a permitted unit, and the structure or equipment is certified by
the owner or operator not to be actively related to the treatment,
storage, or disposal of hazardous waste, or the secondary containment
of those hazardous wastes.
   (B) The department, within 30 days from the date of receipt of
notice from the owner or operator, does not determine any of the
following:
   (i) The change is related to the treatment, storage, or disposal
of hazardous waste or the secondary containment of those hazardous
wastes.
   (ii) The change may otherwise significantly increase risks to
human health and safety or the environment related to the management
of the hazardous wastes.
   (iii) The regulations adopted pursuant to the federal act require
a permit modification for the change.
   (b) (1) To the extent consistent with the federal act, and the
regulations adopted pursuant to the federal act, the owner or
operator of a facility that has a hazardous waste facilities permit
issued pursuant to Section 25200 or 25201.6 may change the facility
structure or equipment utilizing the Class 1* permit modification,
specified in Chapter 20 (commencing with Section 66270.1) of Division
4.5 of Title 22 of the California Code of Regulations, as adopted by
the department, if the department determines that all of the
following apply:
   (A) The change to the structure or equipment is necessary to
comply with requirements or the request of a state or federal agency
or an air quality management district or air pollution control
district.
   (B) The change to the structure or equipment will decrease one or
more risks, and will not result in any increased risks to human
health and safety or the environment related to the management of the
hazardous wastes in the structure or equipment.
   (C) The owner or operator has submitted sufficient information for
the department to make the determinations required by subparagraphs
(A) and (B) to comply with the requirements of Division 13
(commencing with Section 21000) of the Public Resources Code, the
California Environmental Quality Act.
   (2) A change to a facility structure or equipment that is
authorized by this subdivision may not result in an increase in the
permitted capacity of a hazardous waste management unit affected by
the change.
   (3) This subdivision does not apply to changes for which no permit
modification is required pursuant to subdivision (a) and the
regulations adopted to implement that subdivision.
   (4) This subdivision does not apply to changes classified as Class
1 or Class 1* under the department's regulations pursuant to Chapter
20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of
the California Code of Regulations.
   (5) The owner or operator of a facility applying for a "Class 1*
permit modification" pursuant to this subdivision shall enter into a
written agreement with the department pursuant to which that person
shall reimburse the department, pursuant to Article 9.2 (commencing
with Section 25206.1), for the costs incurred by the department in
processing the application.
   (c) (1) To the extent consistent with the federal act, the owner
or operator of a facility operating under a hazardous waste
facilities permit issued pursuant to Section 25200 or 25201.6 may
make a Class 1 permit modification for minor equipment replacement or
upgrade with functionally equivalent components of equipment such as
pipes, valves, pumps, conveyors, controls, or other similar
equipment, as specified in Section (A)(3) of Appendix I of Chapter 20
(commencing with Section 66270.1) of Division 4.5 of Title 22 of the
California Code of Regulations, without providing prior notification
as long as the modification is exempt from the requirements of the
California Environmental Quality Act, Division 13 (commencing with
Section 21000) of the Public Resources Code, and if the owner or
operator complies with both of the following conditions:
   (A) The owner or operator notifies the department concerning the
replacement or upgrade by certified mail or other means that
establish proof of delivery within seven calendar days after the
change is commenced. The notice shall specify the replacement or
upgrade being made to the equipment referenced in the permit and
shall explain why the replacement or upgrade is necessary.
   (B) Except as otherwise specified in this subdivision, the owner
or operator complies with the requirements of Chapter 20 (commencing
with Section 66270.1) and Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations, as adopted by the department, that are applicable to a
Class 1 modification.
   (2) Misapplication of the Class 1 modification allowed under this
subdivision is subject to enforcement by the department under this
chapter.
   (3) This subdivision shall remain in effect until the time when
the department amends its regulations to provide for replacement or
upgrade of equipment without prior notification, subject to those
conditions and limitations determined to be necessary by the
department.
   (d) Any determination made pursuant to this section, including,
but not limited to, any determination by the department regarding the
classification of a permit modification, may be appealed by the
owner or operator in the manner provided for appeal of a permit
determination pursuant to the regulations adopted by the department.
25200.16.  (a) The department may administratively convert the
hazardous waste facilities permit or grant of interim status of a
hazardous waste management unit authorized pursuant to such a permit
or grant of interim status to authorization to operate under a
permit-by-rule, pursuant to the department's regulations, a grant of
conditional authorization or conditional exemption pursuant to this
chapter, if the hazardous waste management facility meets both of the
following criteria:
   (1) The unit is not required to obtain a permit under the federal
act.
   (2) The unit met all applicable conditions and criteria for
authorization under a permit-by-rule pursuant to the department's
regulations, or a grant of conditional authorization or conditional
exemption pursuant to this chapter, on the effective date of the
statute or regulation which made the unit eligible for authorization
under a permit-by-rule, conditional authorization, or conditional
exemption.
   (b) This section does not apply to units which become eligible for
authorization under a permit-by-rule, conditional authorization, or
conditional exemption due to a change in the waste streams or
treatment activities described for the unit in the hazardous waste
facilities permit or grant of interim status document for the unit.
   (c) The owner or operator of a hazardous waste management unit
that desires to convert the grant of authorization for the hazardous
waste management unit from a hazardous waste facilities permit or
grant of interim status pursuant to subdivision  (a) shall transmit
all of the following documents to the department:
   (1) A demonstration that the unit is not required to obtain a
permit under the federal act.
   (2) A demonstration that the unit is eligible for authorization
under a permit-by-rule pursuant to the department's regulations, or a
grant of conditional authorization or conditional exemption pursuant
to this chapter.
   (3) If applicable, a complete and valid notification for the unit
for which an authorization status conversion is requested, which
complies with the applicable notification requirements for operating
under a permit-by-rule, or a grant of conditional authorization or
conditional exemption.
   (4) One of the following documents:
   (A) A written request, signed in accordance with the regulations
adopted by the department pertaining to signatories to permit
application and reports, to administratively remove the unit from the
existing hazardous waste facilities permit or grant of interim
status.
   (B) A written request, signed in accordance with the regulations
adopted by the department pertaining to signatories to permit
applications and reports, to administratively terminate the existing
hazardous waste facilities permit or grant of interim status if the
unit subject to the permit or grant of interim status is the only
unit at the facility authorized by that permit or grant of interim
status.
   (d) Upon receipt of a notification, if applicable, and a request
pursuant to paragraphs (3) and (4) of subdivision (c), the department
shall do all of the following:
   (1) Either approve the request in writing if the department
concurs with the demonstrations submitted pursuant to paragraphs (1)
and (2) of subdivision (c) and the notification submitted pursuant to
paragraph (3) of subdivision (c) is complete and valid; or deny the
request in writing if the department does not concur with the
demonstrations submitted pursuant to paragraphs (1) and (2) of
subdivision (c) or the notification submitted pursuant to paragraph
(3) of subdivision (c) is incomplete or invalid.
   (2) If not all activities conducted at a facility pursuant to a
hazardous waste facilities permit or grant of interim status are
eligible for conversion, administratively terminate the authorization
under the hazardous waste facilities permit or grant of interim
status for the unit or units at the facility conducting treatment
activities eligible to be authorized under a permit-by-rule pursuant
to the department's regulations, or a grant of conditional
authorization or conditional exemption pursuant to this chapter, by
doing all of the following:
   (A) Placing a letter in the facility permit file maintained by the
department acknowledging the change in authorization.
   (B) Notifying the facility, in writing, that the authorization
under the permit or grant of interim status for the treatment units
in question will be terminated when the authorization under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter, becomes effective.
   (C) Notifying all persons on the facility mailing list of the
change in the authorization status of the units being converted.
   (3) If the hazardous waste facilities permit or grant of interim
status of a facility is being completely converted to authorization
under a permit-by-rule pursuant to the department's regulations, or a
grant of conditional authorization or conditional exemption pursuant
to this chapter, administratively terminate the permit or grant of
interim status by doing all of the following:
   (A) Placing a letter in the facility permit file maintained by the
department administratively terminating the permit upon the
effective date of authorization for all affected units under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter.
   (B) Notifying the facility, in writing, that the permit or grant
of interim status will be terminated when the authorization under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter, becomes effective.
   (C) Notifying all persons on the facility mailing list of the
termination of the hazardous waste facilities permit or grant of
interim status.
25200.17.  (a) Upon petition, the department may, by regulation, add
new treatment activities to the list of activities eligible for
operation pursuant to a permit-by-rule, under the regulations adopted
by the department, or eligible for authorization under a grant of
conditional authorization pursuant to Section 25200.3 or a grant of
conditional exemption pursuant to Section 25201.5, if all of the
following conditions are met:
   (1) The department finds that the new waste stream and treatment
process combination poses no greater risk to the public health and
safety or environment than those waste stream and treatment process
combinations currently eligible for operation pursuant to a
permit-by-rule, under the regulations adopted by the department, or
for authorization under a grant of conditional authorization pursuant
to Section 25200.3 or conditional exemption pursuant to Section
25201.5, whichever is applicable.
   (2) The activity does not require a hazardous waste facilities
permit under the federal act.
   (3) The new activity is not already identified as eligible under a
permit-by-rule pursuant to the regulations adopted by the
department, or a grant of conditional authorization or conditional
exemption pursuant to this chapter.
   (b) In making a determination whether to add a new activity, by
regulation, to the list of activities eligible for operation under a
permit-by-rule pursuant to the department's regulations, conditional
authorization pursuant to Section 25200.3, or conditional exemption
pursuant to Section 25201.5, the factors which the department shall
consider, to the extent that information is available, shall include,
but not be limited to, all of the following:
   (1) The hazardous waste streams that are treated using the
treatment methods and the hazards to public health or safety or to
the environment posed by those hazardous wastes and their hazardous
constituents.
   (2) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
   (3) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which those hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
   (4) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
   (5) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
   (6) The degree to which those hazardous waste streams or treatment
methods are regulated under other provisions of law or regulations,
including, but not limited to, process safety management requirements
and risk management and prevention plans.
   (7) If the treatment method uses a hazardous waste treatment
technology that is certified by the department pursuant to Section
25200.1.5, the information and analyses that were used to determine
that the treatment technology does not pose a significant potential
hazard to public health or safety or to the environment.
25200.18.  On or before July 1, 1996, or within six months of the
adoption of electronic reporting standards by the Secretary for
Environmental Protection pursuant to Section 71060 of the Public
Resources Code, whichever occurs later, the department shall
implement a procedure for the electronic reporting of all hazardous
waste facilities permit modifications, to the extent that the
secretary determines that the procedure is compatible with the
electronic reporting standards adopted by the secretary, as follows:
   (a) Permit modifications, at the option of the applicant, may be
submitted electronically using the standard file format, transmission
protocols, and electronic signature and authentication techniques
adopted by the Secretary for Environmental Protection for other
environmental data reporting purposes under Part 2 (commencing with
Section 71050) of Division 34 of the Public Resources Code.
   (b) Section 71063 of the Public Resources Code, which requires a
pilot program demonstration and evaluation, does not apply to the
electronic permit modification procedures adopted pursuant to this
section.
25200.19.  (a) A hazardous waste facility that obtains a hazardous
waste facilities permit to receive hazardous wastes from offsite
locations may conduct bulk, packaged, or containerized hazardous
waste unloading operations in accordance with the requirements of
this section, except to the extent that the facility is subject to
conditions and limitations in the permit concerning the receipt and
unloading of hazardous wastes from offsite locations.
   (b) A hazardous waste facility that has a hazardous waste
facilities permit may conduct bulk, packaged, or containerized
hazardous waste loading operations in accordance with the
requirements of this section, except to the extent that the facility
is subject to conditions and limitations in the permit concerning the
shipment and loading for shipment of hazardous wastes to offsite
locations.
   (c) Unloading and loading operations subject to subdivisions (a)
and (b) shall be conducted in accordance with all of the following
requirements, unless otherwise specified in the hazardous waste
facilities permit:
   (1) As part of a loading or unloading operation conducted within
the boundary of a hazardous waste facility, the hazardous waste shall
not be held longer than 10 days outside of an authorized unit at the
facility.  The hazardous waste shall be moved directly between the
authorized unit and the transport vehicle and shall not be held for
any time off the transport vehicle outside of the authorized unit,
except for that incidental period of time that is necessary to safely
and effectively move the waste from the transport vehicle to the
authorized unit or from the authorized unit to the transport vehicle.
   (2) All loading and unloading operations shall be conducted within
the boundary of the hazardous waste facility.
   (3) There shall be adequate capacity within an authorized unit at
the hazardous waste facility for all hazardous waste being loaded or
unloaded in accordance with this section.  Hazardous waste may not be
held on any transport vehicle which, if unloaded, would exceed the
permitted capacity of the originating or receiving unit at the
hazardous waste facility, unless the waste is held on the transport
vehicle as part of an authorized transfer operation.
   (4) (A) The loading or unloading of bulk hazardous waste shall be
conducted within the hazardous waste facility with a containment
device or other system capable of collecting and containing leaks and
spills that may reasonably be anticipated to occur during loading
and unloading operations until the leaked or spilled material is
removed, unless otherwise approved by the department in a regulation
or permit.
   (B) The department may establish specific secondary containment
regulations for bulk transfer areas to effectuate the purposes of
subparagraph (A).  In addition to, or in lieu of, these regulations,
the department may specify secondary containment requirements for
bulk transfer areas in individual facility permits.  Those
regulations and permit conditions shall be designed to allow the
practical use of trucks and railcars.  The standards may include the
use of movable containment devices or other systems meeting this
criteria.
   (d) For purposes of this section, the following definitions apply:
   (1) "Loading" means activities associated with removing packaged
or containerized hazardous waste from an authorized unit or removing
bulk hazardous waste from an authorized container, tank, or unit
within a permitted hazardous waste facility, placing it on a
transport vehicle within the facility, and shipping the waste offsite
to another location in accordance with this chapter.
   (2) "Transport vehicle" means a device, including a trailer, to
propel, move or draw hazardous wastes by air, rail, highway, or water
that is operated pursuant to the requirements of this chapter.
   (3) "Unloading" means activities associated with the receipt of
bulk, packaged, or containerized hazardous waste at a permitted
hazardous waste facility from an offsite location, by means of a
transport vehicle, and placing that packaged or containerized
hazardous waste into an authorized unit or placing that bulk
hazardous waste into an authorized container, tank, or unit within
the facility in accordance with this chapter.
   (e) The requirements of this section do not apply to hazardous
waste being held or transferred pursuant to subparagraph (B) of
paragraph (6) of subdivision (b) of Section 25123.3.
25201.  (a) Except as provided in subdivisions (c) and (d), no owner
or operator of a storage facility, treatment facility, transfer
facility, resource recovery facility, or disposal site shall accept,
treat, store, or dispose of a hazardous waste at the facility, area,
or site, unless the owner or operator holds a hazardous waste
facilities permit or other grant of authorization from the department
to use and operate the facility, area, or site, or the owner or
operator is operating under a permit-by-rule pursuant to the
department's regulations, or a grant of conditional authorization or
conditional exemption pursuant to this chapter.
   (b) Except as necessary to comply with Section 25159.18, any
person planning to construct a new hazardous waste facility or a new
hazardous waste management unit, which would manage RCRA hazardous
waste, shall obtain a hazardous waste facilities permit or a permit
amendment from the department prior to commencing construction.
   (c) A hazardous waste facilities permit is not required for a
recycle-only household hazardous waste collection facility operated
in accordance with subdivision (b) of Section 25218.8.
   (d) A hazardous waste facilities permit is not required for a
facility that meets the requirements of Section 13263.2 of the Water
Code.
25201.1.  (a) A solid waste facility, as defined in Section 40194 of
the Public Resources Code, or any recycling facility, that accepts
and processes empty aerosol cans and de minimis quantities of
nonempty aerosol cans collected as an incidental part of the
collection of empty cans for recycling, is exempt from the
requirement to obtain a hazardous waste facilities permit or other
authorization from the department for purposes of conducting that
activity if both of the following conditions are met:
   (1) The nonempty aerosol cans are from products that are normally
intended for household use and were generated by households.
   (2) The city, county, or regional agency in the area that the
facility serves provides educational information to the public on the
safe collection and recycling or disposal of empty and nonempty
aerosol cans that encourages, to the maximum extent feasible, the
separation and recycling of empty aerosol cans through such programs
as curbside, dropoff, and buy-back recycling programs, and the
diversion of nonempty aerosol cans into household hazardous waste
collection programs.  Issues of compliance with this subdivision
shall be determined by the California Integrated Waste Management
Board or by the appropriate local enforcement agency.
   (b) This section is not intended to alter the obligation to manage
as a hazardous waste any nonempty aerosol cans that meet the
requirements of Section 25117, and that are not subject to the
exemption provided in this section.
   (c) Nothing in this section exempts a solid waste facility that
engages in an activity that requires a hazardous waste facility
permit, other than the acceptance and processing of empty aerosol
cans and de minimis quantities of nonempty aerosol cans as an
incidental part of the collection of empty cans for recycling, from
the requirement of obtaining a hazardous waste facilities permit.
25201.3.  (a) A local agency shall not deem any of the following
generators performing any of the following treatment activities to be
a hazardous waste treatment facility for purposes of making a land
use decision, and the department shall not require any of the
following generators or facilities performing any of the following
treatment activities to publish a notice regarding those activities:
   (1) A facility operating pursuant to a permit-by-rule.
   (2) A generator granted conditional authorization pursuant to this
chapter for specified treatment activities.
   (3) A generator performing conditionally exempt treatment pursuant
to this chapter.
   (b) For purposes of this section, "land use decision" means a
discretionary decision of a local agency concerning a hazardous waste
facility project, as defined in subdivision (b) of Section 25199.1,
including the issuance of a land use permit or conditional use
permit, the granting of a variance, the subdivision of property, and
the modification of existing property lines pursuant to Title 7
(commencing with Section 65000) of the Government Code, and any local
agency decision concerning a hazardous waste facility which is in
existence and the enforcement of those decisions.  This section does
not limit or restrict the existing authority of a local agency to
impose conditions on, or otherwise regulate, facilities,
transportable treatment units or generators operating pursuant to a
permit-by-rule, or a conditional authorization or conditional
exemption pursuant to this chapter.
25201.4.  (a) (1) The unified program agency shall develop and
implement a program to inspect persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to this chapter or the regulations adopted by the
department, for compliance with the applicable statutes and
regulations.
   (2) If there is not CUPA, the inspection program required pursuant
to paragraph (1) shall be developed and implemented by either the
department or one of the following:
   (A) Before January 1, 1997, by the local health officer or local
public officer designated pursuant to Section 25180.
   (B) On and after January 1, 1997, to the officer or agency
authorized, pursuant to subdivision (f) of Section 25404.3, to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404.
   (b) (1) Any program operated pursuant to this section shall be
conducted in accordance with the standards adopted by the department
pursuant to subdivision (c).
   (2) Any program operated pursuant to this section shall, at a
minimum, ensure that within two years of the  date that a person
submits a notification that it is operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to this chapter of the regulations adopted by the
department, a site inspection shall be conducted at the facility,
including verification of compliance with applicable generator
requirements, container standards, and administrative and
recordkeeping requirements, and that a compliance inspection shall be
conducted at the facility to verify compliance with all applicable
requirements every three years thereafter.  Initial verification
inspections which are conducted prior to the department's adoption of
standards pursuant to subdivision (c) shall not be required to be
conducted in accordance with those standards.
   (c) The department shall, upon consultation with certified unified
program agencies, local health  officers, and local public officers
designated pursuant to Section 25180, adopt regulations establishing
standards which provide criteria for the implementation of a local
inspection program to inspect generators, facilities, or
transportable treatment units operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption, pursuant to
this chapter or the regulations adopted by the department.  These
standards shall include, but not be limited to, qualification
standards, inspection and enforcement standards, and reporting
criteria.  The development and publication of these standards is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
25201.4.1.  (a) Except as provided in subdivision (c), any person
subject to the notification requirements of Sections 25110.10,
25123.3, 25144.6, 25200.3, 25201.5, or 25201.14 shall only be
required to submit the required notification to the CUPA, or, in
those jurisdictions where there is no CUPA, to the officer or agency
authorized pursuant to subdivision (f) of Section 25404.3 to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404.
   (b) Any person required to submit a notice pursuant to subdivision
(a) is also required to submit the required notice to the department
until (1) regulations promulgated by the Secretary for Environmental
Protection establishing a unified program information collection and
reporting system and standards are effective, (2) the regulations
require a statewide data base system that will enable the department
and the public to obtain the required information from all CUPAs or
the authorized officers or agencies, and (3) the statewide data base
system is in place and fully operational.
   (c) A person conducting an activity that is not included within
the scope of the hazardous waste element of the unified program, as
specified in paragraph (1) of subdivision (c) of Section 25404, is
required to submit a notice pursuant to Sections 25110.10, 25123.3,
25144.6, 25200.3,  25201.5, or 25201.14, but shall comply with any
regulations that the department may adopt specifying notification
requirements for those activities.
   (d) Notwithstanding subdivision (l) of Section 25200.3, any person
who has submitted a notification to the CUPA, or, in those
jurisdictions where there is no CUPA, to the officer or agency
authorized pursuant to subdivision (f) of Section 25404.3 to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404, pursuant to
subdivision (a) of this section and subdivision (e) of Section
25200.3, shall be deemed to be operating pursuant to Section 25200.3,
and, except as provided in Section 25404.5, shall be subject to the
fee set forth in subdivision (b) of Section 25205.14 until the person
submits a certification pursuant to subdivision (l) of Section
25200.3.
   (e) Notwithstanding subdivision (j) of Section 25201.5, any person
who has submitted a notification to the CUPA, or, in those
jurisdictions where there is no CUPA, to the officer or agency
authorized pursuant to subdivision (f) of Section 25404.3 to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404, pursuant to
subdivision (a) of this section and paragraph (7) of subdivision (d)
of Section 25201.5, shall be deemed to be operating pursuant to
Section 25201.5, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (c) of Section 25205.14
until the person submits a certification pursuant to subdivision (j)
of Section 25201.5.
25201.5.  (a) Notwithstanding any other provision of law, a
hazardous waste facilities permit is not required for a generator who
treats hazardous waste of a total weight of not more than 500
pounds, or a total volume of not more than 55 gallons, in any
calendar month, if both of the following conditions are met:
   (1) The hazardous waste is not an extremely hazardous waste and is
listed in Section 67450.11 of Title 22 of the California Code of
Regulations, as in effect on January 1, 1992, as eligible for
treatment pursuant to the regulations adopted by the department for
operation under a permit-by-rule and the treatment technology used is
approved for that waste stream in Section 67450.11 of Title 22 of
the California Code of Regulations for treatment under a
permit-by-rule.
   (2) The generator is not otherwise required to obtain a hazardous
waste facilities permit or other grant of authorization for any other
hazardous waste management activity at the facility.
   (b) Notwithstanding any other provision of law, treatment in the
following units is ineligible for exemption pursuant to subdivision
(a) or (c):
   (1) Landfills.
   (2) Surface impoundments.
   (3) Injection wells.
   (4) Waste piles.
   (5) Land treatment units.
   (6) Thermal destruction units.
   (c) Notwithstanding any other provision of law, a hazardous waste
facilities permit or other grant of authorization is not required to
conduct the following treatment activities, if the generator treats
the following hazardous waste streams using the treatment technology
required by this subdivision:
   (1) The generator mixes or cures resins mixed in accordance with
the manufacturer's instructions, including the mixing or curing of
multicomponent and preimpregnated resins in accordance with the
manufacturer's instructions.
   (2) The generator treats a container of 110 gallons or less
capacity, which is not constructed of wood, paper, cardboard, fabric,
or any other similar absorptive material, for the purposes of
emptying the container as specified by Section 66261.7 of Title 22 of
the California Code of Regulations, as revised July 1, 1990, or
treats the inner liners removed from empty containers that once held
hazardous waste or hazardous material.  The generator shall treat the
container or inner liner by using the following technologies, if the
treated containers and rinseate are managed in compliance with the
applicable requirements of this chapter:
   (A) The generator rinses the container or inner liner with a
suitable liquid capable of dissolving or removing the hazardous
constituents which the container held.
   (B) The generator uses physical processes, such as crushing,
shredding, grinding, or puncturing, that change only the physical
properties of the container or inner liner, if the container or inner
liner is first rinsed as provided in subparagraph (A) and the
rinseate is removed from the container or inner liner.
   (3) The generator conducts drying by pressing or by passive or
heat-aided evaporation to remove water from wastes classified as
special wastes by the department pursuant to Section 66261.124 of
Title 22 of the California Code of Regulations.
   (4) The generator conducts magnetic separation or screening to
remove components from wastes classified as special wastes by the
department pursuant to Section 66261.124 of Title 22 of the
California Code of Regulations.
   (5) The generator neutralizes acidic or alkaline wastes which are
hazardous solely due to corrosivity or toxicity resulting from the
presence of acidic or alkaline material from food or food byproducts,
and alkaline or acidic waste, other than wastes containing nitric
acid, at SIC Code Major Group 20, food and kindred product
facilities, as defined in subdivision (p) of Section 25501, if both
of the following conditions are met:
   (A) The neutralization process does not result in the emission of
volatile hazardous waste constituents or toxic air contaminants.
   (B) The neutralization process is required in order to meet
discharge or other regulatory requirements.
   (6) Except as provided for specific waste streams in Section
25200.3, the generator conducts the separation by gravity of the
following, if the activity is conducted in impervious tanks or
containers constructed of noncorrosive materials, the activity does
not involve the addition of heat or other form of treatment, or the
addition of chemicals other than flocculants and demulsifiers, and
the activity is managed in compliance with applicable requirements of
federal, state, or local agency or treatment works:
   (A) The settling of solids from waste where the resulting aqueous
stream is not hazardous.
   (B) The separation of oil/water mixtures and separation sludges,
if the average oil recovered per month is less than 25 barrels.
   (7) The generator is a laboratory which is certified by the State
Department of Health Services or operated by an educational
institution, and treats wastewater generated onsite solely as a
result of analytical testing, or is a laboratory which treats less
than one gallon of hazardous waste, which is generated onsite, in any
single batch, subject to the following:
   (A) The wastewater treated is hazardous solely due to corrosivity
or toxicity that results only from the acidic or alkaline material,
as defined in Section 66260.10 of Title 22 of the California Code of
Regulations, or is excluded from the definition of hazardous waste by
subparagraph (E) of paragraph (2) of subsection (a) of Section
66261.3 of Title 22 of the California Code of Regulations, or both.
   (B) The treatment meets all of the following requirements, in
addition to all other requirements of this section:
   (i) The treatment complies with all applicable pretreatment
requirements.
   (ii) Neutralization occurs in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations; wastes to be neutralized do not contain any more than 10
percent acid or base concentration by weight, or any other
concentration limit which may be imposed by the department; and
vessels and piping for neutralization are constructed of materials
that are compatible with the range of temperatures and pH levels, and
subject to appropriate pH temperature controls.
   (iii) Treatment does not result in the emission of volatile
hazardous waste constituents or toxic air contaminants.
   (8) The hazardous waste treatment is carried out in a quality
control or quality assurance laboratory at a facility that is not an
offsite hazardous waste facility and the treatment activity otherwise
meets the requirements of paragraph (1) of subdivision (a).
   (9) Any waste stream 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.
   (10) The generator uses any technology that is certified by the
department, pursuant to Section 25200.1.5, as effective for the
treatment of formaldehyde or glutaraldehyde solutions used in health
care facilities that are operated pursuant to the conditions imposed
on the certification and which makes the operation appropriate to
this tier.  The technology may be certified using a pilot
certification process until the department adopts regulations
pursuant to Section 25200.1.5.  This paragraph shall be operative
only until April 11, 1996.
   (d) A generator conducting treatment pursuant to subdivision (a)
or (c) shall meet all of the following conditions:
   (1) The waste being treated is generated onsite, and a residual
material from the treatment of a hazardous waste generated offsite is
not a waste that has been generated onsite.
   (2) The treatment does not require a hazardous waste facilities
permit pursuant to the federal act.
   (3) The generator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
   (4) The generator prepares and maintains a written inspection
schedule and log of inspections conducted.
   (5) The records specified in paragraphs (3) and (4) are maintained
onsite for a period of three years.
   (6) The generator maintains adequate records to demonstrate that
it is in 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.
   (7) (A) Not less than 60 days before commencing treatment of
hazardous waste pursuant to this section, the generator shall submit
a notification, in person or by certified mail, with return receipt
requested, to the department and to one of the following:
   (i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (B) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by subparagraph (A), between notification and commencement of
hazardous waste treatment pursuant to this section.
   (C) The notification submitted pursuant to this paragraph 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 permit applications, shall be on a
form prescribed by the department, and shall include, but not be
limited to, all of the following information:
   (i) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional exemption applies.
   (ii) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional exemption
applies.
   (iii) A description of the hazardous waste treatment activity to
which the conditional exemption applies, including, but not limited
to, the basis for determining that a hazardous waste facilities
permit is not required under the federal act.
   (iv) A description of the characteristics and management of any
treatment residuals.
   (D) The development and publication of the notification form
required under this paragraph 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.
   (E) Any notification submitted pursuant to this paragraph shall
supersede any prior notice of intent submitted by the same generator
in order to obtain a permit-by-rule under the regulations adopted by
the department.  This subparagraph does not require the department to
refund any fees paid for any application in conjunction with the
submission of a notice of intent for a permit-by-rule.
   (8) (A) Upon terminating operation of any treatment process or
unit exempted pursuant to this section, the generator who conducted
the treatment 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 treatment process is no longer in
operation.
   (B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is conditionally exempted pursuant to
this section shall, upon completion of all activities required under
this subdivision, provide written notification in person or by
certified mail, with return receipt requested, to the department and
to one of the following:
   (i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (9) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under this chapter and
the regulations adopted by the department pursuant to this chapter.
   (10) Except as provided in Section 25404.5, the generator submits
a fee in the amount required by Section 25205.14, unless the
generator is subject to a fee under a permit-by-rule or a grant of
conditional authorization pursuant to Section 25200.3.  The generator
shall submit that fee within 30 days of the date that the fee is
assessed by the State Board of Equalization, in the manner specified
by Section 43152.10 of the Revenue and Taxation Code.
   (e) (1) 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.
   (2) (A) The Legislature hereby finds and declares that, in the
case of underground, gravity-pressured sewer systems, integrity
testing is often not feasible.
   (B) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
   (C) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures that 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 full secondary containment
standards of Section 66265.196 of Title 22 of the California Code of
Regulations.
   (f) Nothing in this section shall abridge any authority granted to
the department, a unified program agency, or local health officer or
local public officer designated pursuant to Section 25180, by any
other provision of law to impose any further restrictions or
limitations upon facilities subject to this section, that the
department, a unified program agency, or local health officer or
local public officer designated pursuant to Section 25180, determines
to be necessary to protect human health or the environment.
   (g) A generator that would otherwise be subject to this section
may contract with the operator of a transportable treatment unit who
is operating pursuant to this section to treat the generator's waste.
  If treatment of the generator's waste takes place under such a
contract, the generator is not otherwise subject to the requirements
of this section, but shall comply with all other requirements of this
chapter that apply to generators.  The operator of the transportable
treatment unit shall comply with all of the applicable requirements
of this section and, for purposes of this section, the operator of
the transportable treatment unit shall be deemed to be the generator.
   (h) A generator conducting activities which are exempt from this
chapter pursuant to Section 66261.7 of Title 22 of the California
Code of Regulations, as that section read on January 1, 1993, is not
required to comply with this section.
   (i) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to paragraph (7) of subdivision (d), a
generator shall submit an amended notification, in person or by
certified mail, with return receipt requested, to the department and
to one of the following:
   (A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (2) Each amended notification made pursuant to this subdivision
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.
   (j) A person who submitted a notification to the department
pursuant to paragraph (7) of subdivision (d) shall be deemed to be
operating pursuant to this section, and, except as provided in
Section 25404.5, shall be subject to the fee set forth in subdivision
(c) of Section 25205.14 until that person submits 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 paragraph (8) of subdivision (d).  The
certification required by this subdivision shall be submitted, in
person or by certified mail, with return receipt requested, to the
department and to one of the following:
   (1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
25201.6.  (a) For purposes of this section and Section 25205.2, the
following terms have the following meaning:
   (1) "Series A standardized permit" means a permit issued to a
facility that meets one or more of the following conditions:
   (A) The total influent volume of liquid hazardous waste treated is
greater than 50,000 gallons per calendar month.
   (B) The total volume of solid hazardous waste treated is greater
than 100,000 pounds per calendar month.
   (C) The total facility storage design capacity is greater than
500,000 gallons for liquid hazardous waste.
   (D) The total facility storage design capacity is greater than 500
tons for solid hazardous waste.
   (E) A volume of liquid or solid hazardous waste is stored at the
facility for more than one calendar year.
   (2) "Series B standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not exceed any of
the upper volume limits specified in subparagraphs (A) to (D),
inclusive, and that meets one or more of the following conditions:
   (A) The total influent volume of liquid hazardous waste treated is
greater than 5,000 gallons, but does not exceed 50,000 gallons, per
calendar month.
   (B) The total volume of solid hazardous waste treated is greater
than 10,000 pounds, but does not exceed 100,000 pounds, per calendar
month.
   (C) The total facility storage design capacity is greater than
50,000 gallons, but does not exceed 500,000 gallons, for liquid
hazardous waste.
   (D) The total facility storage design capacity is greater than
100,000 pounds, but does not exceed 500 tons, for solid hazardous
waste.
   (3) "Series C standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not conduct thermal
treatment of hazardous waste, with the exception of evaporation, and
that either meets the requirements of paragraph (3) of subdivision
(g) or meets all of the following conditions:
   (A) The total influent volume of liquid hazardous waste treated
does not exceed 5,000 gallons per calendar month.
   (B) The total volume of solid hazardous waste treated does not
exceed 10,000 pounds per calendar month.
   (C) The total facility storage design capacity does not exceed
50,000 gallons for liquid hazardous waste.
   (D) The total facility storage design capacity does not exceed
100,000 pounds for solid hazardous waste.
   (b) The department shall adopt regulations specifying standardized
hazardous waste facilities permit application forms that may be
completed by a non-RCRA Series A, B, or C treatment, storage, or
treatment and storage facility, in lieu of other hazardous waste
facilities permit application procedures set forth in regulations.
The department shall not issue permits under this section to specific
classes of facilities unless the department finds that doing so will
not create a competitive disadvantage to a member or members of that
class that were in compliance with the permitting requirements which
were in effect on September 1, 1992.
   (c) The regulations adopted pursuant to subdivision (b) shall
include all of the following:
   (1) Require that the standardized permit notification be submitted
to the department on or before October 1, 1993, for facilities
existing on or before September 1, 1992, except for facilities
specified in paragraphs (2) and (3) of subdivision (g).  The
standardized permit notification shall include, at a minimum, the
information required for a Part A application as described in the
regulations adopted by the department.
   (2) Require that the standardized permit application be submitted
to the department within six months of the submittal of the
standardized permit notification.  The standardized permit
application shall require, at a minimum, that the following
information be submitted to the department for review prior to the
final permit determination:
   (A) A description of the treatment and storage activities to be
covered by the permit, including the type and volumes of waste, the
treatment process, equipment description, and design capacity.
   (B) A copy of the closure plan as required by paragraph (13) of
subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
   (C) A description of the corrective action program, as required by
Section 25200.10.
   (D) Financial responsibility documents specified in paragraph (17)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
   (E) A copy of the topographical map as specified in paragraph (18)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
   (F) A description of the individual container, and tank and
containment system, and of the engineer's certification, as specified
in Sections 66270.15 and 66270.16 of Title 22 of the California Code
of Regulations.
   (G) Documentation of compliance, if applicable, with the
requirements of Article 8.7 (commencing with Section 25199).
   (3) Require that a facility operating pursuant to a standardized
permit comply with the liability assurance requirements in Section
25200.1.
   (4) Specify which of the remaining elements of the permit
application, as described in subdivision (b) of Section 66270.14 of
Title 22 of the California Code of Regulations, shall be the subject
of a certification of compliance by the applicant.
   (5) Establish a procedure for imposing an administrative penalty
pursuant to Section 25187, in addition to any other penalties
provided by this chapter, upon an owner or operator of a treatment or
storage facility that is required to obtain a hazardous waste
facilities permit and that meets the criteria for a Series A, B, or C
permit listed in subdivision (a), who does not submit a standardized
permit notification to the department on or before the submittal
deadline specified in paragraph (1) or the submittal deadline
specified in paragraph (2) or (3) of subdivision (g), whichever date
is applicable, and who continues to operate the facility without
obtaining a hazardous waste facilities permit or other grant of
authorization from the department after the applicable deadline for
submitting the notification to the department.  In determining the
amount of the administrative penalty to be assessed, the regulations
shall require the amount to be based upon the economic benefit gained
by that owner or operator as a result of failing to comply with this
section.
   (6) Require that a facility operating pursuant to a standardized
permit comply, at a minimum, with the interim status facility
operating requirements specified in the regulations adopted by the
department, except that the regulations adopted pursuant to this
section may specify financial assurance amounts necessary to
adequately respond to damage claims at levels that are less than
those required for interim status facilities if the department
determines that lower financial assurance levels are appropriate.
   (d) (1) Any regulations adopted pursuant to this section may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (2) On and before January 1, 1995, the adoption of the regulations
pursuant to paragraph (1) is an emergency and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.
   (e) The department may not grant a permit under this section
unless the department has determined the adequacy of the material
submitted with the application and has conducted an inspection of the
facility and determined all of the following:
   (1) The treatment process is an effective method of treating the
waste, as described in the permit application.
   (2) The corrective action plan is appropriate for the facility.
   (3) The financial assurance is sufficient for the facility.
   (f) (1) Interim status shall not be granted to a facility that
does not submit a standardized permit notification on or before
October 1, 1993, unless the facility is subject to paragraph (2) or
(3) of subdivision (g).
   (2) Interim status shall be revoked if the permit application is
not submitted within six months of the permit notification.
   (3) Interim status granted to any facility pursuant to this
section and Sections 25200.5 and 25200.9 shall terminate upon a final
permit determination or January 1, 1998, whichever date is earlier.
This paragraph shall apply retroactively to facilities for which a
final permit determination is made on or after September 30, 1995.
   (4) A treatment, storage, or treatment and storage facility
operating pursuant to interim status that applies for a permit
pursuant to this section shall pay fees to the department in an
amount equal to the fees established by subdivision (e) of Section
25205.4 for the same size and type of facility.
   (g) (1) Except as provided in paragraphs (2), (3), and (4), a
facility treating used oil or solvents, or that engages in
incineration, thermal destruction, or any land disposal activity, is
not eligible for a standardized permit pursuant to this section.
   (2) (A) Notwithstanding paragraph (1), an offsite facility
treating solvents is eligible for a standardized permit pursuant to
this section if all of the following conditions are met:
   (i) The facility exclusively treats solvent wastes, and is not
required to obtain a permit pursuant to the federal act.
   (ii) The solvent wastes that the facility treats are only the
types of solvents generated from dry cleaning operations.
   (iii) Ninety percent or more of the solvents that the facility
receives are from dry cleaning operations.
   (iv) Ninety percent or more of the solvents that the facility
receives are recycled and sold by the facility, excluding recycling
for energy recovery, provided that the facility does not produce more
than 15,000 gallons per month of recycled solvents.
   (B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1995, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1995.
   (C) A facility treating solvents pursuant to this paragraph shall
clearly label all recycled solvents as recycled prior to subsequent
sale or distribution.
   (D) Notwithstanding that a facility eligible for a standardized
permit pursuant to this paragraph meets the eligibility requirements
for a Series C standardized permit specified in paragraph (3) of
subdivision (a), the facility shall obtain and meet the requirements
for a Series B standardized permit specified in paragraph (2) of
subdivision (a).
   (E) Notwithstanding any other provision of this chapter, for
purposes of this paragraph, if the recycled material is to be used
for dry cleaning, "recycled" means the removal of water and
inhibitors from waste solvent and the production of dry cleaning
solvent with an appropriate inhibitor for dry cleaning use.  The
removal of inhibitors is not required if all of the solvents received
by the facility that are recycled for dry cleaning use are from dry
cleaners.
   (3) (A) Notwithstanding paragraph (1), an owner or operator with a
surface impoundment used only to contain non-RCRA wastes generated
onsite, that holds those wastes for not more than one 30-day period
in any calendar year, and that meets the criteria specified in
paragraphs (i) to (iii), inclusive, may submit a Series C
standardized permit application to the department.  A surface
impoundment is eligible for operation under the Series C standardized
permit tier if all of the following requirements are met:
   (i) The waste and any residual materials are removed from the
surface impoundment within 30 days of the date the waste was first
placed into the surface impoundment.
   (ii) The owner or operator has, and is in compliance with, current
waste discharge requirements issued by the appropriate California
regional water quality control board for the surface impoundment.
   (iii) The owner or operator complies with all applicable
groundwater monitoring requirements of the regulations adopted by the
department pursuant to this chapter.
   (B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1996, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1996.
   (4) For purposes of this subdivision, treating solvents and
thermal destruction do not include the destruction of nonmetal
constituents in a thermal treatment unit that is operated solely for
the purpose of the recovery of precious metals, if that unit is
operating pursuant to a standardized permit issued by the department
and the unit is in compliance with the applicable requirements of
Division 26 (commencing with Section 39000).  This paragraph does not
prohibit the department from specifying, in the standardized permit
for such a unit, a maximum concentration of nonmetal constituents, if
the department determines that this requirement is necessary for
protection of human health or safety or the environment.
   (h) Facilities operating pursuant to this section shall comply
with Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
   (i) (1) The department shall require an owner or operator applying
for a standardized permit to complete and file a phase I
environmental assessment with the application.  However, if a RCRA
facility assessment has been performed by the department, the
assessment shall be deemed to satisfy the requirement of this
subdivision to complete and file a phase I environmental assessment,
and the facility shall not be required to submit a phase I
environmental assessment with its application.
   (2) (A) For purposes of this subdivision, the phase I
environmental assessment shall include a preliminary site assessment,
as described in subdivision (a) of Section 25200.14, except that the
phase I environmental assessment shall also include a certification,
signed, except as provided in subparagraph (B), by the owner, and
also by the operator if the operator is not the owner, of the
facility and an independent professional engineer, geologist, or
environmental assessor registered in the state.
   (B) Notwithstanding subparagraph (A), the certification for a
permanent household waste collection facility may be signed by any
professional engineer, geologist, or environmental assessor
registered in the state, including, but not limited to, such a person
employed by the governmental entity, but if the facility owner is
not a governmental entity, the engineer, geologist, or assessor
signing the certification shall not be employed by, or be an agent
of, the facility owner.
   (3) The certification specified in paragraph (2) shall state
whether evidence of a release of hazardous waste or hazardous
constituents has been found.
   (4) If evidence of a release has been found, the facility shall
complete a detailed site assessment to determine the nature and
extent of any contamination resulting from the release and shall
submit a corrective action plan to the department, within one year of
submittal of the standardized permit application.
   (j) The department shall establish an inspection program to
identify, inspect, and bring into compliance any treatment, storage,
or treatment and storage facility that is eligible for, and is
required to obtain, a standardized hazardous waste facilities permit
pursuant to this section, and that is operating without a permit or
other grant of authorization from the department for that treatment
or storage activity.
   (k) A treatment, storage, or treatment and storage facility
authorized to operate pursuant to a hazardous waste facilities permit
issued pursuant to Section 25200, that meets the criteria listed in
subdivision (a) for a standardized permit, may operate pursuant to a
Series A, B, or C standardized permit by completing the appropriate
permit modification procedure specified in the regulations for such a
modification.
25201.6.1.  The department shall seek a determination from the
United States Environmental Protection Agency as to the conditions,
if any, under which the department may authorize a storage facility
that is authorized under Section 25201.6 to transfer bulk liquids to
and from railcars, to store railcars holding a residual heel from
prior loads of RCRA hazardous waste in excess of 10 days without
obtaining a RCRA-equivalent hazardous waste facility permit. Upon
receipt of a written determination from the United States
Environmental Protection Agency, the department shall initiate
whatever administrative actions are necessary to enable the
department to authorize this activity, subject to any regulatory or
permit conditions that are required by the United States
Environmental Protection Agency or are determined to be necessary by
the department. Those administrative actions may include, but are not
limited to, one or more of the following, as determined necessary:
   (a) Adopting regulations.
   (b) Processing permit modification requests.
   (c) Seeking authorization from the United States Environmental
Protection Agency to allow the department to authorize this activity.
25201.7.  The department shall, upon request of a facility subject
to the regulations concerning operation under a permit-by-rule for
treatment of wastes which are hazardous solely due to the presence of
inorganic metals listed in paragraph 2 of subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, allow
the facility to use the technologies specified for aqueous wastes on
a mixture of aqueous wastes and wastes which are nonaqueous solely
due to the presence of nonhazardous suspended solids at
concentrations greater than 1 percent, unless the department
determines under the circumstances that the treatment would not
qualify for the lower risk status to which permit-by-rule is intended
to apply.
25201.8.  (a) Notwithstanding any other provision of law, a
generator of effluent hazardous waste from dry cleaning operations
who treats the waste onsite is not a hazardous waste facility, and is
exempt from the hazardous waste facilities permit requirements
imposed pursuant to this chapter, or the regulations pertaining to
hazardous waste facilities permit requirements adopted by the
department pursuant to this chapter, if the generator meets all of
the following conditions:
   (1) The effluent is a non-RCRA hazardous waste, or the treatment
of the effluent is exempt from hazardous waste treatment facilities
permit requirements pursuant to the federal act.
   (2) The effluent is treated at the same facility at which it was
generated.
   (3) The effluent is treated within 90 days of its generation.
   (4) The effluent is treated in a tank or container.
   (5) Any residual products or byproducts of the treatment of the
effluent are managed in accordance with all applicable requirements
for generators of hazardous waste under this chapter and the
regulations adopted by the department pursuant to this chapter.
   (6) The effluent is a hazardous waste solely due to its PCE
(perchloroethylene) content.
   (7) The total effluent hazardous waste stream treated does not
exceed 180 gallons in any calendar month.
   (8) The generator complies with all local requirements applicable
to the treatment of the waste.
   (9) The generator's facility does not require a hazardous waste
permit for any other hazardous waste management activity.
   (b) The local officer or agency authorized to enforce this section
pursuant to subdivision (a) of Section 25180, as part of the
existing inspection program for dry cleaning facilities, shall
inspect the dry cleaning operations subject to subdivision (a) for
compliance with the conditions of subdivision (a), and to ensure that
all treatment devices are properly installed, operated, and
maintained.  Monitoring standards shall be developed by the
department in conjunction with the unified program agencies, county
health officer or director of environmental health, consistent with
existing requirements of local and regional agencies pertaining to
air, water, and soil resources.
   (c) For purposes of this section, "dry cleaning operations" means
the process of using a solvent to clean materials in either a
dry-to-dry machine, a transfer machine, or any modification of these
machines.  Dry cleaning operations include, but are not limited to,
all recovery operations, units, filters, stills, cookers, stages, or
processes in which solvent is extracted for use or reuse in the
cleaning process.
   (d) This section shall not be construed to limit or otherwise
abrogate the authority of any local agency, including a city, county,
or special district, to control or otherwise regulate any dry
cleaning facility located within the local agency's jurisdiction, or
the related past or existing discharges from that dry cleaning
facility.
   (e) This section shall not be construed to limit the liability of
any dry cleaning facility for any past, present, or future discharge.
   (f) Nothing in this section shall abridge any authority granted to
the department or a unified program agency by any other provision of
law to impose any further restrictions or limitations upon
facilities subject to this section, that the department or a unified
program agency determines to be necessary to protect human health or
the environment.
25201.9.  (a) Upon the written request of any person, the department
may enter into an agreement with that person pursuant to which the
department will perform consultative services for the purpose of
providing assistance to the person, or any facility owned or operated
by the person, in complying with this chapter, Chapter 6.8
(commencing with Section 25300), and any regulations adopted pursuant
to those provisions.  The agreement shall require the person to
reimburse the department for its costs of performing the consultative
services pursuant to Article 9.2 (commencing with Section 25206.1).
The agreement may provide for some or all of the reimbursement to be
made in advance of the performance of the consultative services.
   (b) The consultative services performed pursuant to subdivision
(a) shall be over and above the routine functions of the department,
and may include, but need not be limited to, onsite inspections,
regulation and compliance training, and technical consultation.
   (c) Any reimbursement received for assistance in complying with
this chapter pursuant to this section shall be placed in the
Hazardous Waste Control Account for disbursement in accordance with
Section 25174.  Any reimbursement received for assistance in
complying with Chapter 6.8 (commencing with Section 25300) shall be
deposited in the Toxic Substances Control Account for expenditure in
accordance with Section 25173.6.
   (d) The consultative services shall be provided subject to
available staff and resources as determined by the department, and
may include, but need not be limited to, onsite inspections,
regulation and compliance training, and technical consultation.
   (e) In scheduling limited onsite inspections, priority shall be
given to businesses with fewer than 50 employees.
   (f) (1) The staff of the department providing consultation
pursuant to this section shall not initiate an administrative or
civil enforcement action, except as specified in subdivision (g), for
violations identified during a limited onsite inspection conducted
pursuant to an agreement at a facility which does not require a
permit pursuant to the federal act.
   (2) The staff of the department shall require the owner or
operator to correct any identified deficiencies and violations in
accordance with a schedule for compliance or correction issued by the
department.
   (g) If class I violations, as defined in regulations adopted by
the department, are identified during a limited onsite inspection, or
an owner or operator refuses or fails to correct any deficiencies or
violations within the timeframe specified in the schedule for
compliance or correction issued by the department pursuant to
subdivision (f), the department may undertake any further inspection,
investigation, or enforcement action authorized by law.
   (h) The failure of the department to discover any particular
deficiencies or violations during a limited onsite inspection shall
not preclude the department, or any other agency, from undertaking a
subsequent enforcement action to address any deficiencies or
violations should they be discovered at a later time.
   (i) Nothing in this section is intended to limit the authority of
the department to refer criminal violations to the Attorney General,
a district attorney, a county counsel, or a city attorney.
   (j) Other than as expressly provided in this section, nothing in
this section is intended to limit or restrict the authority of the
department under any other provision of this division.
   (k) This section shall become operative only if the department
adopts regulations defining "class I violations."
25201.10.  Any information which a generator is required to provide
to the department or to a local agency pursuant to Section 25200.3,
25200.14 or 25201.5 or to regulations adopted by the department
related to operation under a permit-by-rule shall be available to the
public pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
25201.11.  (a) Copyright protection and all other rights and
privileges provided pursuant to Title 17 of the United States Code
are available to the department to the fullest extent authorized by
law, and the department may sell, lease, or license for commercial or
noncommercial use any work, including, but not limited to,
videotapes, audiotapes, books, pamphlets, and computer software as
that term is defined in Section 6254.9 of the Government Code, that
the department produces whether the department is entitled to that
copyright protection or not.
   (b) Any royalties, fees, or compensation of any type that is paid
to the department to make use of a work entitled to copyright
protection shall be deposited in the Hazardous Waste Control Account.
   (c) Nothing in this section is intended to limit any powers
granted to the department pursuant to Section 6254.9 of the
Government Code or any other provision of law.
25201.12.  Notwithstanding any other provision of law, a hazardous
waste facilities permit or other grant of authorization from the
department, and payment of any fee imposed pursuant to Article 9.1
(commencing with Section 25205.1), are not required for a facility,
with regard to the facility's operation of a physical process to
remove air pollutants from exhaust gases prior to their emission to
the atmosphere, as permitted by an air pollution control district or
an air quality management district, unless a permit is required for
that operation pursuant to the federal act.  However, the facility is
subject to all requirements imposed pursuant to this chapter on
hazardous waste generators with regard to any liquid, semisolid, or
solid hazardous waste that is generated as part of, and upon its
removal from, the air pollution control process.
25201.13.  (a) The Legislature hereby finds and declares that
demineralization of water is a standard industrial water purification
process used by utilities and industry.  The regeneration and
recycling of ion exchange media used to demineralize water is a
continuous, onsite, totally enclosed, automated process, which is
exempt from federal permitting requirements.  The conditions set
forth in subdivision (d) of Section 25201.5 are important to protect
the environment by ensuring notification before treatment begins,
written operating instructions, inspections, compliance with
pretreatment standards, cleanup of terminated units, and
recordkeeping to demonstrate compliance.  However, those conditions
are inapplicable to demineralization units because of the enclosed,
automated, continuous technology involved, the very brief period in
which treatment occurs, and the lack of any waste residue.  An
exemption from Section 25201.5 is therefore appropriate.  Similarly,
elementary neutralization associated with food processing industry
wastewaters should also be exempt from Section 25201.5.
   (b) An owner or operator of an elementary neutralization unit, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, and any storage tank not regulated under the federal act
which is an integral part of the demineralizer operation, that
neutralizes wastes which are hazardous solely due to corrosivity or
toxicity that results only from the acidic or alkaline material, is
exempt from this article, including the requirement of obtaining a
hazardous waste facilities permit or other grant of authorization
from the department, if the wastes result solely from the
regeneration of ion exchange media used to demineralize water, do not
contain more than 10 percent acid or base concentration by weight,
are treated in vessels and piping constructed of materials that are
compatible with the range of temperatures and pH levels of the
wastes, and are subject to appropriate pH and temperature controls.
   (c) (1) An owner or operator of an elementary neutralization unit,
as defined in Section 66260.10 of Title 22 of the California Code of
Regulations, including any storage or processing tank not regulated
under the federal act which is an integral part of the elementary
neutralization operation, is exempt from this article, including the
requirement to obtain a hazardous waste facilities permit or other
grant of authorization from the department, if all of the following
requirements are met:
   (A) The unit neutralizes wastewaters which are hazardous solely
due to corrosivity or toxicity that results only from alkaline or
acidic materials used in the owner's or operator's food processing
operations.
   (B) The wastewaters result from food processing operations, do not
contain more than 10 percent acid or base concentration by weight,
are treated in vessels and piping that are compatible with the range
of temperatures and pH levels of the wastewaters, and are subject to
appropriate pH and temperature controls.
   (2) For purposes of this subdivision "food processing operation"
means activities conducted at facilities in SIC Code Major Group 20
(Food and Kindred Products), and includes preparation, mixing,
cooking, fermentation, aging, storage, packaging, sanitizing, or
pasteurization of products intended for human consumption, and all
associated equipment and vessel cleaning operations.
25201.14.  (a) To the extent consistent with the federal act, the
following activities are exempt from this article, including the
requirements of obtaining a hazardous waste facilities permit or
other grant of authorization from the department, if the activity is
conducted at the site where the material was generated and the
management of the waste meets the requirements of subdivisions (a) to
(d), inclusive, of Section 25143.9 and subdivisions (b) and (c) of
this section:
   (1) Except as provided in subdivision (b), the separation of used
oil from water, if all other applicable laws and regulations are met,
the used oil is properly transported to an authorized oil recycler,
and the separation is accomplished by using one of the following
methods:
   (A) Gravity separation.
   (B) A centrifuge.
   (C) Membrane technology.
   (D) Heating of the water containing the used oil to a temperature
that is not more than 20 degrees Fahrenheit below the flashpoint of
the used oil component of the mixture at atmospheric pressure.
   (E) The addition of demulsifiers to the water containing the used
oil.
   (2) (A) The operation of a totally enclosed treatment unit or
facility, as defined in Section 66260.10 of Title 22 of the
California Code of Regulations, when authorized by regulations
adopted by the department pursuant to subparagraph (B).
   (B) The department shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code exempting this type of unit or facility from
this article to the extent that the department determines that the
exemption is consistent with the protection of public health, safety,
and the environment.
   (b) For purposes of paragraph (1) of subdivision (a), the
separation of used oil from water does not include a method using any
of the following:
   (1) Contaminated groundwater.
   (2) Water containing any measurable amount of gasoline or more
than 2 percent of a combination of Number 1 or Number 2 diesel fuel.
   (3) Used oil and water which contain other constituents that
render the material hazardous under the regulations adopted pursuant
to Sections 25140 and 25141.
   (c) A generator operating pursuant to subdivision (a) shall meet
all of the following conditions:
   (1) The generator complies with the conditions of subdivisions (d)
and (e) of Section 25201.5.
   (2) The generator submits a notification that is in compliance
with paragraph (7) of subdivision (d) of Section 25201.5 on or before
April 1, 1996, or if the generator is commencing the first treatment
of waste pursuant to this section, not less than 60 days prior to
the date of commencing treatment of that waste pursuant to this
section.  Upon demonstration of good cause by the generator, the
department may allow a shorter time period than 60 days between
notification and commencement of hazardous waste treatment pursuant
to this section.  The generator shall be in compliance with all other
notification requirements of subdivision (d) of Section 25201.5.
   (3) The generator maintains adequate records to demonstrate that
the requirements and conditions of this section are met, including
appropriate waste sampling and analysis records, to demonstrate that
none of the water and used oil mixtures listed in subdivision (b) are
treated pursuant to this section.  All records required pursuant to
this paragraph and subdivision (d) of Section 25201.5 shall be
maintained onsite for a period of at least three years.
   (4) Except as provided in Section 25404.5, the generator submits a
one-time fee in the amount of one hundred dollars ($100) to the
department as part of the notification required by paragraph (2), at
the same time that notification is submitted, unless the generator is
subject to a fee under a permit-by-rule or a grant of conditional
authorization pursuant to Section 25200.3.
   (5) (A) If the generator is conducting treatment pursuant to
paragraph (1) of subdivision (a), the generator complies with the
phase I environmental assessment requirements of Section 25200.14,
except for subdivisions (d), (f), and (g) of Section 25200.14.  The
generator shall not be required to comply with this subparagraph
until the department completes an evaluation of the phase I
environmental assessment requirement, pursuant to Section 25200.14.1,
and until any revisions resulting from that evaluation are
implemented by statute or regulation.
   (B) A generator conducting treatment pursuant to paragraph (2) of
subdivision (a) shall not be required to conduct any site
investigations, beyond that required by subparagraph (A), or to
initiate remediation activities until the department adopts
regulations specifying the criteria and procedures for corrective
action at non-RCRA facilities.
   (C) This paragraph does not limit the authority of the department
or a unified program agency approved pursuant to Section 25404.1 to
issue an order pursuant to Section 25187.1 or to order corrective
action pursuant to Section 25187.
25201.15.  (a) For the purposes of this section, the following terms
have the following meaning:
   (1) "Biotechnology manufacturing or biotechnology process
development activities" means activities conducted in SIC Code
subgroups 283, 2833, 2834, 2835, 2836, 8731, 8732, and 8733,
including manufacturing and process development of medicinal
chemicals and botanical products, pharmaceutical preparations, in
vitro and in vivo diagnostic substances, and biological products, and
all associated equipment and vessel cleaning and maintenance
operations.
   (2) "Biotechnology elementary neutralization activities" means the
elementary neutralization of wastes generated by biotechnology
manufacturing or biotechnology process development activities.
   (3) "SIC Code" has the same meaning as defined in subdivision (u)
of Section 25501.
   (b) The Legislature hereby finds and declares that the
biotechnology industry's elementary neutralization of hazardous
wastes is a common, safe, and standard practice that typically occurs
in a wastewater collection system, and that does not warrant
extensive regulatory oversight.
   (c) Biotechnology elementary neutralization activities are exempt
from any requirement imposed pursuant to this chapter, including any
regulation adopted pursuant to this chapter, that relates to
generators, tanks, and tank systems, and the requirement to obtain a
hazardous waste facilities permit or other grant of authorization
from the department, except as otherwise provided in subdivision (d),
if all of the following conditions are met:
   (1) A permit is not required to conduct elementary neutralization
under the federal act.
   (2) The hazardous wastes are hazardous solely due to acidic or
alkaline materials, and are generated by biotechnology process
manufacturing or biotechnology process development activities.
   (3) Either of the following applies with regard to the
biotechnology elementary neutralization activity:
   (A) The hazardous wastes in the elementary neutralization unit do
not contain more than 10 percent by weight acid or alkaline
constituents.
   (B) The generator of the hazardous wastes determines that the
elementary neutralization process will not raise the temperature of
the hazardous wastes to within 10 degrees of the boiling point or
cause the release of hazardous gaseous emissions, using either
constituent-specific concentration limits or calculations.  The
generator shall make these calculations in accordance with the
regulations adopted by the department, if the department adopts those
regulations.
   (4) The hazardous wastes are not diluted for the sole purpose of
meeting the criteria specified in subparagraph (A) of paragraph (3)
and after neutralization the wastewaters do not exhibit the
characteristic of corrosivity, as defined in Section 66261.22 of
Title 22 of the California Code of Regulations, or any successor
regulation.
   (5) The temperature of any unit 100 gallons or larger is
automatically monitored, and is fitted with a high temperature alarm
system, and for closed systems, the unit automatically controls the
adding and mixing of corrosive and neutralizing solutions.
   (d) The operator of an elementary neutralization unit exempt under
this section shall comply with the following requirements:
   (1) An operator of an elementary neutralization unit subject to
this section shall successfully complete a program of classroom
instruction or on-the-job training that includes, at a minimum,
instruction for responding effectively to emergencies by
familiarizing personnel with emergency procedures, emergency
equipment, and emergency systems, including, where applicable,
procedures for using, inspecting, repairing, and replacing facility
emergency and monitoring equipment, communications, or alarm systems.
   (2) Within 10 days of commencing initial operation of the unit, or
within any other time period that may be required by the CUPA, the
operator shall notify the CUPA of the commencement of operation of
the unit under the exemption made pursuant to this section.  If the
operator is not under the jurisdiction of a CUPA, the notice shall be
sent to the officer of the agency authorized, pursuant to
subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (2) of subdivision
(c) of Section 25404.
   (e) Notwithstanding any other provision of law, unless required by
federal law, biotechnology elementary neutralization activities
satisfying the requirements of subdivisions (c) and (d) are exempt
from any statute or any regulation adopted pursuant to state law
requiring the elementary neutralization unit to have secondary
containment for piping or ancillary equipment, including, but not
limited to, a regulation adopted by the State Water Resources Control
Board, the department, or any other state agency.
25201.16.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Aerosol can" means a container in which gas under pressure is
used to aerate and dispense any material through a valve in the form
of a spray or foam.
   (2) "Aerosol can processing" means the puncturing, draining, or
crushing of aerosol cans.
   (3) "Destination facility," as used in Chapter 23 (commencing with
Section 66273.1) of Division 4.5 of Title 22 of the California Code
of Regulations, also includes a facility that treats, except as
described in subdivision (d), or disposes of, a hazardous waste
aerosol can that is shipped to the facility as a universal waste
aerosol can, except destination facility does not include a facility
at which universal waste aerosol cans are merely accumulated.
   (4) "Hazardous waste aerosol can" means an aerosol can that meets
the definition of hazardous waste, as defined in Section 25117.
   (5) "Unauthorized release" means a release to the environment that
is in violation of any applicable federal, state, or local law, or
any permit or other approval document issued by any federal, state,
or local agency.
   (6) "Universal waste aerosol can" means a hazardous waste aerosol
can while it is being managed in accordance with the department's
regulations governing the management of universal waste, except as
required otherwise in subdivisions (d) to (k), inclusive.  Upon
receipt of a universal waste aerosol can by a destination facility
for purposes of treatment or disposal, the can is no longer a
universal waste aerosol can, but continues to be a hazardous waste
aerosol can.
   (7) With respect to a universal waste aerosol can, the term
"universal waste handler," as defined in Section 66273.9 of Title 22
of the California Code of Regulations, does not include either of the
following:
   (A) A person who treats, except as described in subdivision (h),
or disposes of hazardous waste aerosol cans including universal waste
aerosol cans.
   (B) A person engaged in offsite transportation of hazardous waste
aerosol cans, including, but not limited to, universal waste aerosol
cans, by air, rail, highway, or water, including a universal waste
aerosol can transfer facility.
   (b) (1) The requirements of this section apply to any person who
manages aerosol cans, except for the following:
   (A) Aerosol cans that are not yet wastes pursuant to Chapter 11
(commencing with Section 66261.1) of Division 4.5 of Title 22 of the
California Code of Regulations.
   (B) Aerosol cans that do not exhibit a characteristic of a
hazardous waste as set forth in Article 3 (commencing with Section
66261.20) of Chapter 11 of Division 4.5 of Title 22 of the California
Code of Regulations.
   (C) Aerosol cans that are empty pursuant to subsection (m) of
Section 66261.7 of Title 22 of the California Code of Regulations.
   (2) (A) An aerosol can becomes a waste on the date the aerosol can
is discarded or is no longer useable.  An aerosol can is deemed to
be no longer useable when any of the following occurs:
   (i) The can is as empty as possible, using standard practices.
   (ii) The spray mechanism no longer operates as designed.
   (iii) The propellant is spent.
   (iv) The product is no longer used.
   (B) An unused aerosol can is a waste, for purposes of Section
25124, on the date the owner decides to discard it.
   (c) (1) The disposal of any hazardous waste aerosol can is subject
to the requirements of this chapter, and to any regulations adopted
by the department relating to the disposal of hazardous waste.
   (2) Except as otherwise provided in this section, the treatment or
storage of any hazardous waste aerosol can is subject to the
requirements of this chapter, and any regulations adopted by the
department relating to the treatment and storage of hazardous waste.
   (d) (1) Except as provided in paragraph (2), a universal waste
aerosol can is deemed to be a universal waste for purposes of the
department's regulations governing the management of universal
wastes.
   (2) The exemptions described in  Chapter 23 (commencing with
Section 66273.1) of Division 4.5 of Title 22 of the California Code
of Regulations for universal waste generated by households and
conditionally exempt small quantity waste generators of universal
waste do not apply to universal waste aerosol cans.
   (e) A universal waste handler shall manage universal waste aerosol
cans in a manner that prevents fire, explosion, and the unauthorized
release of any universal waste or component of a universal waste to
the environment.
   (f) Any container used to accumulate or transport universal waste
aerosol cans, or the contents removed from a universal waste aerosol
can or processing device, unless the contents have been determined to
not be hazardous waste, shall meet all of the following
requirements:
   (1) (A) Except when waste is added or removed or as provided in
subparagraph (B), the container shall be closed, structurally sound,
and compatible with the contents of the universal waste aerosol can,
and shall show no evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions.
   (B) The closed container requirement in subparagraph (A) does not
apply to a container used to accumulate universal waste aerosol cans
prior to processing the cans pursuant to subdivision (h), or prior to
shipping the cans offsite, except that the container shall be
covered at the end of each workday.
   (2) The container shall be placed in a location that has
sufficient ventilation to avoid formation of an explosive atmosphere,
and shall be designed, built, and maintained to withstand pressures
reasonably expected during storage and transportation.
   (3) (A) The container shall be placed on or above a floor or other
surface that is free of cracks or gaps and is sufficiently
impervious and bermed to contain leaks and spills.
   (B) Subparagraph (A) does not apply to a container used to
accumulate universal waste aerosol cans prior to processing the cans
pursuant to subdivision (h) or prior to shipping the cans offsite.
   (4) Incompatible materials shall be kept segregated and managed
appropriately in separate containers.
   (5) A container holding flammable wastes shall be kept at a safe
distance from heat and open flames.
   (6) A container used to hold universal waste aerosol cans shall be
labeled or marked clearly with one of the following phrases:
"Universal Waste-Aerosol Cans", "Waste Aerosol Cans", or "Used
Aerosol Cans".
   (g) A universal waste handler shall accumulate universal waste
aerosol cans in accumulation containers that meet the requirements of
subdivision (f). The universal waste aerosol cans shall be
accumulated in a manner that is sorted by type and compatibility of
contents.
   (h) A universal waste handler may process a universal waste
aerosol can to remove and collect the contents of  the universal
waste aerosol can, if the universal waste handler meets all of the
following requirements:
   (1) The handler is not an offsite commercial processor of aerosol
cans.  For the purposes of this paragraph, a household hazardous
waste collection facility, as defined in subdivision (f) of Section
25218.1, is not an offsite commercial processor.
   (2) The handler ensures that the universal waste aerosol can is
processed in a manner and in equipment designed, maintained, and
operated so as to prevent fire, explosion, and the unauthorized
release of any universal waste or component of a universal waste to
the environment.
   (3) The handler ensures that the unit used to process the
universal waste aerosol cans is placed on or above a nonearthen floor
that is free of cracks or gaps and is sufficiently impervious and
bermed to contain leaks and spills.
   (4) The handler ensures that the processing operations are
performed safely by developing and implementing a written operating
procedure detailing the safe processing of  universal waste aerosol
cans.  This procedure shall, at a minimum, include all of the
following:
   (A) The type of equipment to be used to process the universal
waste aerosol cans safely.
   (B) Operation and maintenance of the unit.
   (C) Segregation of incompatible wastes.
   (D) Proper waste management practices, including ensuring that
flammable wastes are stored away from heat and open flames.
   (E) Waste characterization.
   (5) The handler ensures that a spill cleanup kit is readily
available to immediately clean up spills or leaks of the contents of
the universal waste aerosol can.
   (6) The handler immediately transfers the contents of the
universal waste aerosol can or processing device, if applicable, to a
container that meets the requirements of subdivision (f), and
characterizes and manages the contents pursuant to subdivision (i).
   (7) The handler ensures that the area in which the universal waste
aerosol cans are processed is well ventilated.
   (8) The handler ensures, through a training program utilizing the
written operating procedures developed pursuant to paragraph (4),
that each employee is thoroughly familiar with the procedure for
sorting and processing universal waste aerosol cans, and proper waste
handling and emergency procedures relevant to his or her
responsibilities during normal facility operations and emergencies.
   (i) A universal waste handler who processes universal waste
aerosol cans to remove the contents of the aerosol can, or who
generates other waste as a result of the processing of aerosol cans,
shall determine whether the contents of the universal waste aerosol
can, residues, or other wastes exhibit a characteristic of hazardous
waste identified in Article 3 (commencing with Section 66261.20) of
Chapter 11 of Division 4.5 of Title 22 of the California Code of
Regulations.
   (1) If the contents of the universal waste aerosol can, residues,
or other wastes exhibit a characteristic of hazardous waste, those
wastes shall be managed in compliance with all applicable
requirements of this chapter and the regulations adopted by the
department pursuant to this chapter.  The universal waste handler
shall be deemed the generator of that hazardous waste and is subject
to the requirements of Chapter 12 (commencing with Section 66262.10)
of Division 4.5 of Title 22 of the California Code of Regulations.
   (2) If the contents of the universal waste aerosol can, residues,
or other wastes are not hazardous, the universal waste handler shall
manage those wastes in a manner that is in compliance with all
applicable federal, state, and local requirements.
   (j) (1) A universal waste handler that processes universal waste
aerosol cans shall, no later than the date on which the handler first
initiates this activity, submit a notification, in person or by
certified mail, with return receipt requested, to either of the
following:
   (A) The CUPA, if the facility is under the jurisdiction of a CUPA.
   (B) If the facility is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant to
subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
   (2) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
and shall include, but not be limited to, all of the following
information:
   (A) The name, identification number, site address, mailing
address, and telephone number of the handler.
   (B) A description of the universal waste aerosol can processing
activities, including the type and estimated volumes or quantities of
universal waste aerosol cans to be processed monthly, the treatment
process or processes, equipment descriptions, and design capacities.
   (C) A description of the characteristics and management of any
hazardous treatment residuals.
   (3) (A) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to this subdivision, the handler shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to one of the following:
   (i) The CUPA, if the facility is under the jurisdiction of a CUPA.
   (ii) If the facility is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant to
subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
   (B) 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.
   (k) In addition to the requirements set forth in Article 4
(commencing with Section 66273.50) of Chapter 23 of Division 4.5 of
Title 22 of the California Code of Regulations, during
transportation, including holding time at a transfer facility, a
transporter of universal waste aerosol cans shall comply with the
following requirements:
   (1) The transporter shall transport and otherwise manage universal
waste aerosol cans in a manner that prevents fire, explosion, and
the unauthorized release of any universal waste, or component of a
universal waste, into the environment.
   (2) Universal waste aerosol cans shall be transported and stored
in accumulation containers that are clearly marked or labeled for
that use and that meet the requirements of subdivision (f).
   (l) The department may adopt regulations specifying any additional
requirement or limitation on the management of hazardous waste
aerosol cans that the department determines is necessary to protect
human health or safety or the environment.
   (m) The development and publication of the notification form
specified in subdivision (j) is not subject to the requirements
described in Chapter 3.5 (commencing with Section 11340) of Part I of
Division 3 of Title 2 of the Government Code.
   (n) In addition to the requirements set forth in this section, a
hazardous waste aerosol can shall be managed in a manner that meets
all requirements established by the United States Environmental
Protection Agency.
25202.  (a) The owner or operator of a hazardous waste facility who
holds a hazardous waste facilities permit or a grant of interim
status shall comply with the conditions of the hazardous waste
facilities permit or interim status document, the requirements of
this chapter, and with the regulations adopted by the department
pursuant to this chapter, including regulations which become
effective after the issuance of the permit or grant of interim
status.
   Notwithstanding any term or condition in a hazardous waste
facilities permit or interim status document, the department may
adopt or amend regulations which impose additional or more stringent
requirements than those existing at the time the permit or interim
status document was issued.  The department may enforce both the
permit or interim status document and additional or more stringent
requirements against the owner or operator of a facility.
   (b) The amendment of this section made by Chapter 1126 of the
Statutes of 1991 does not constitute a change in, but is declaratory
of, the existing law.
25202.5.  (a) With respect to any hazardous waste facility permitted
pursuant to Section 25200 or granted interim status pursuant to
Section 25200.5, the department may do either of the following:
   (1) Enter into an agreement with the owner of the hazardous waste
facility that requires the execution and recording of a written
instrument which imposes an easement, covenant, restriction, or
servitude upon the present and future uses of all or part of the land
on which the hazardous waste facility subject to the permit or grant
of interim status is located and on all or part of any adjacent land
held by, or for the beneficial use of, the owners of the land on
which the hazardous waste facility subject to the permit or grant of
interim status is located.
   (2) Impose a requirement upon the owner of the hazardous waste
facility, by permit modification, permit condition, or otherwise,
that requires the execution and recording of a written instrument
which imposes an easement, covenant, restriction, or servitude upon
the present and future uses of all or part of the land on which the
hazardous waste facility subject to the permit or grant of interim
status is located and on all or part of any adjacent land held by, or
for the beneficial use of, the owners of the land on which the
hazardous waste facility subject to the permit or grant of interim
status is located.
   (b) The easement, covenant, restriction, or servitude imposed
pursuant to subdivision (a) shall be no more restrictive than needed,
as determined by the department, to protect the present or future
public health and safety and shall not place any restriction on any
land that limits the use, modification, or expansion of an existing
industrial or manufacturing facility or complex.  The instrument
shall be executed by all of the owners of the land and by the
director, shall particularly describe the real property affected by
the instrument, and shall be recorded by the owner in the office of
the county recorder in each county in which all, or a portion of, the
land is located within 10 days of the date of execution.  The
easement, covenant, restriction, or servitude shall state that the
land described in the instrument has been, or will be,  the site of a
hazardous waste facility or is adjacent to the site of such a
facility, and may impose those use restrictions as the department
deems necessary to protect the present or future public health.  The
restrictions may include restrictions upon activities on, over, or
under the land, including, but not limited to, a prohibition against
building, filling, grading, excavating, or mining without the written
permission of the director.
   A certified copy of the recorded easement, covenant, restriction,
or servitude shall be sent to the department upon recordation.
Notwithstanding any other provision of law, except as provided in
Section 25202.6, an easement, covenant, restriction, or servitude
executed pursuant to this section and recorded so as to provide
constructive notice shall run with the land from the date of
recordation and shall be binding upon all of the owners of the land,
their heirs, successors, and assignees, and the agents, employees,
and lessees of the owners, heirs, successors, and assignees.  The
easement, covenant, restriction, or servitude shall be enforceable by
the department pursuant to Article 8 (commencing with Section
25180).
   (c) Except as provided in subdivisions (d) and (e), any land on
which is located a hazardous waste disposal facility permitted
pursuant to this chapter shall be surrounded by a minimum buffer zone
of 2,000 feet between the facility and the outer boundary of the
buffer zone.  The department may impose an easement, covenant,
restriction, or servitude, or any combination thereof, as
appropriate, on the buffer zone pursuant to subdivision (a).  If the
department determines that a buffer zone of more than 2,000 feet is
necessary to protect the present and future public health and safety,
the department may increase the buffer zone by restricting the
disposal of hazardous waste at that facility to land surrounded by a
larger buffer zone.
   (d) Subdivision (c) does not apply to any hazardous waste
property, as defined in paragraph (1) of subdivision (a) of Section
25117.3, which was actually and  lawfully used for the disposal of
hazardous waste on August 6, 1980.
   (e) If the owner of a hazardous waste disposal facility proves to
the satisfaction of the department that a buffer zone of less than
2,000 feet is sufficient to protect the present and future public
health and safety, the department may allow the disposal of hazardous
waste onto land surrounded by a buffer zone of less than 2,000 feet.
25202.6.  The owner of land subject to an easement, covenant,
restriction, or servitude, required by the department pursuant to
Section 25202.5, may make a written request of the department to
remove the easement, covenant, restriction, or servitude.  Upon
receipt of such a request and supporting material, the department
shall promptly review the need for the easement, covenant,
restriction, or servitude and, when appropriate, and after a public
hearing, shall agree to modify or remove the easement, covenant,
restriction, or servitude to make certain that it continues to be no
more restrictive than necessary to protect the public health and
safety.  When the department agrees to modify or remove such an
easement, covenant, restriction, or servitude, the director and all
of the owners of the land shall execute an instrument that reflects
this agreement, shall particularly describe the real property
affected by the instrument, and the owner shall record the instrument
in the county in which the land is located within 10 days of the
date of execution.
25202.7.  Any decision of the department pursuant to either Section
25202.5 or Section 25202.6 shall be subject to review by a court of
competent jurisdiction as provided in Section 1094.5 of the Code of
Civil Procedure and shall be upheld if the court finds the decision
is supported by substantial evidence.
25202.9.  The department shall require, as a permit condition when
issuing a permit for an onsite hazardous waste treatment, storage, or
disposal facility that the generator of the hazardous waste annually
certify all of the following information to the department and the
unified program agency:
   (a) The generator of the hazardous waste has established a program
to reduce the volume or quantity and toxicity of the hazardous waste
to the degree, determined by the generator, to be economically
practicable.
   (b) The proposed method of treatment, storage, or disposal is that
practicable method currently available to the generator which
minimizes the present and future threat to human health and the
environment.
25203.  It is unlawful for any person to dispose of a hazardous
waste except at a disposal site or facility of an owner or operator
who holds a valid hazardous waste facilities permit or other grant of
authorization from the department to use and operate the site or
facility.
25204.  (a) For purposes of this section, "residuals repository"
means a hazardous waste facility, or an operational unit at a
hazardous waste facility, which meets all of the following
requirements:
   (1) It is sited, designed and constructed, operated, and
maintained, in accordance with all applicable federal and state
regulations, including, but not limited to, the regulations adopted
pursuant to subdivision (b).
   (2) The operator holds a hazardous waste facilities permit issued
by the department under this chapter.
   (3) A condition imposed in the hazardous waste facilities permit
authorizes the residuals repository to accept for disposal in or on
the land only treated hazardous waste, as defined in subdivision (l)
of Section 25179.3, that has been specified as suitable for disposal
in a residuals repository pursuant to paragraph (1) of subdivision
(b).
   (b) On or before May 1, 1990, the department shall adopt, by
regulation, standards for residuals repositories.  In developing
these standards, the department shall consult with the State Water
Resources Control Board, conduct public workshops, and request
comments and recommendations from appropriate state and federal
agencies and the interested public.  The standards shall, at a
minimum, be at least as stringent, effective, and comprehensive as
the standards applicable to hazardous waste land disposal facilities
adopted under the federal act, including the regulations, guidelines,
and policies adopted pursuant to the federal act, and shall include,
but not be limited to, all of the following:
   (1) A specification of which treated hazardous wastes the
department determines are suitable for disposal in a residuals
repository.  The department may specify these treated hazardous
wastes by listing types or categories of treated hazardous wastes or
by establishing physical or chemical properties that treated
hazardous wastes are required to meet.
   (2) Design and construction standards for a residuals repository.
   (3) Standards governing the operation, monitoring, maintenance,
closure, and postclosure maintenance of a residuals repository.
   (4) Minimum standards governing the location of a residuals
repository and the subsurface geology underlying the site.  In
establishing these standards, the department shall also specify the
specific criteria, if any, under which the department justifies a
finding that engineering measures or design factors may be
substituted for geological requirements.
   (5) Requirements for hazardous waste segregation and
recordkeeping.
25204.5.  Any action taken by the department pursuant to this
article shall be consistent with all applicable regulations adopted
by the State Water Resources Control Board, all applicable water
quality control plans adopted pursuant to Section 13170 of the Water
Code and Article 3 (commencing with Section 13240) of Chapter 4 of
Division 7 of the Water Code, and all applicable state policies for
water quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, to the
extent the department determines that those regulations, plans, and
policies are  not less stringent than this chapter and the
regulations adopted pursuant to this chapter.  The department shall
also incorporate, as a condition of any permit issued, amended, or
renewed under this chapter, any waste discharge requirements issued
by the State Water Resources Control Board or a California regional
water quality control board and any conditions imposed pursuant to
Section 13227 of the Water Code, to the extent the department
determines those waste discharge requirements, requirements, and
limitations are not less stringent than this chapter and the
regulations adopted pursuant to this chapter.  The department may set
more stringent requirements or limitations which the department
determines are necessary or appropriate to carry out this chapter.
25204.6.  (a) On or before January 1, 1995, the Secretary for
Environmental Protection shall develop a hazardous waste facility
regulation and permitting consolidation program, after holding an
appropriate number of public hearings throughout the state.  The
program shall be developed in close consultation with the director
and with the executive officers and chairpersons of the State Water
Resources Control Board and the California regional water quality
control boards, and with affected businesses and interested members
of the public, including environmental organizations.
   (b) The hazardous waste facility regulation and permitting
consolidation program shall provide for all of the following:
   (1) The grant of sole authority to either the department, or the
State Water Resources Control Board and the California regional water
quality control boards, to implement and enforce the requirements of
Article 6 (commencing with Section 66264.90) of Chapter 14 of, and
Article 6 (commencing with Section 66265.90) of Chapter 15 of,
Division 4.5 of Title 22 of the California Code of Regulations, but
not including Section 66264.100 of Title 22 of the California Code of
Regulations, and of Article 5 (commencing with Section 2530) of
Chapter 15 of Division 3 of Title 23 of the California Code of
Regulations, but not including Sections 2550.10, 2550.11, and 2550.12
of those regulations.
   (2) The development of a process for ensuring, at each facility
which conducts offsite hazardous waste treatment, storage, or
disposal activities, or which conducts onsite treatment, storage, or
disposal activities which are required to receive a permit under the
federal act, and which is required to clean up or abate the effects
of a release of a hazardous substance pursuant to Section 13304 of
the Water Code, or which is required to take corrective action for a
release of hazardous waste or constituents pursuant to Section
25200.10, or both, that sole jurisdiction over the supervision of
that action is vested in either the department or the State Water
Resources Control Board and the California regional water quality
control boards.
   (3) The development of a unified hazardous waste facility permit,
issued by the department, which incorporates all conditions,
limitations, and requirements imposed by the State Water Resources
Control Board or the California regional water quality control boards
to protect water quality, and incorporate all conditions,
limitations, and requirements imposed by the department pursuant to
this chapter.
   (4) The development of a consolidated enforcement and inspection
program designed to ensure effective, efficient, and coordinated
enforcement of the laws implemented by the department, the State
Water Resources Control Board, and the California regional water
quality control boards, as those laws relate to facilities conducting
offsite hazardous waste treatment, storage, or disposal activities,
and to facilities conducting onsite treatment, storage, and disposal
activities which are required to receive a permit under the federal
act.
   (c) The Secretary for Environmental Protection may immediately
implement those aspects of the program which do not require statutory
changes.  If the Secretary for Environmental Protection determines
that statutory changes are needed to fully implement the program, the
secretary shall recommend these changes to the Legislature on or
before January 1, 1995.  It is the intent of the Legislature that the
program be fully implemented not later than January 1, 1996.
   (d) The Secretary for Environmental Protection shall work in close
consultation with the Environmental Protection Agency, and shall
implement this section only to the extent that doing so will not
result in this state losing its authorization to implement the
federal act, or its delegation to implement the Federal Water
Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
25204.7.  (a) Notwithstanding any other provision of law, a
generator conducting a treatment activity that is eligible for
operation under a permit-by-rule pursuant to the department's
regulations, a grant of conditional authorization, or a grant of
conditional exemption pursuant to this chapter, and who meets the
criteria in subdivision (b), is exempt from all of the following
requirements:
   (1) The requirement for a generator to submit a notification to
the department under Sections 25144.6, 25200.3, and 25201.5 and the
regulations adopted by the department pertaining to a permit-by-rule.
   (2) The requirement to pay a fee pursuant to Section 25201.14 or
25205.14.
   (b) To be eligible for an exemption pursuant to this section, the
generator shall meet all of the following requirements:
   (1) The generator is located within the jurisdiction of a
certified unified program agency that includes the publicly owned
treatment works that regulates the generator's activity or unit that
is eligible for operation under a permit-by-rule or a grant of
conditional authorization or conditional exemption, and which has
implemented a unified program pursuant to Chapter 6.11 (commencing
with Section 25404) that includes the following elements:
   (A) The pretreatment program of the publicly owned treatment works
that regulates the generator.
   (B) An inspection program that meets the requirements of Section
25201.4 and that inspects the generator for compliance with the
requirements of this section.
   (2) The generator meets all other requirements of this chapter and
the department's regulations pertaining to permit-by-rule,
conditional authorization, or conditional exemption, whichever is
applicable.
   (3) The generator's activity or unit that is eligible for
operation under a permit-by-rule or a grant of conditional
authorization or conditional exemption is within the scope of the
hazardous waste element of the unified program, as specified in
paragraph (1) of subdivision (c) of Section 25404.
25205.  (a) Except as provided in Section 25245.5, the department
shall not issue or renew a permit to operate a hazardous waste
facility unless the owner or operator of the facility establishes and
maintains the financial assurances required pursuant to Article 12
(commencing with Section 25245).
   (b) The grant of interim status of a facility, or any portion
thereof, that is operating under a grant of interim status pursuant
to Section 25200.5, based on the facility having been in existence on
November 19, 1980, shall terminate on July 1, 1997, unless the
department certifies, on or before July 1, 1997, that the facility is
in compliance with the financial assurance requirements of Article
12 (commencing with Section 25245) for a facility in operation since
November 19, 1980, for all units, tanks, and equipment for which the
facility has authorization to operate pursuant to its grant of
interim status.