Current through Register Vol. 49, No. 27, December 30, 2024
Subpart
1.
Scope.
The requirements of subparts
2 to
5 apply to owners and
operators of all hazardous waste facilities except as provided by part
7045.0450.
Subp. 2.
Identification number.
Every facility owner or operator shall apply for an
identification number in accordance with the agency's procedures.
Subp. 3.
Required
notices.
The owner or operator of a facility shall give notice in the
following situations:
A. The owner or
operator of a facility that has arranged to receive hazardous waste from a
foreign source shall notify the commissioner as well as the Environmental
Protection Agency's Region V administrator in writing at least four weeks in
advance of the date the waste is expected to arrive at the facility. Notice of
subsequent shipments of the same waste from the same foreign source is not
required.
B. No facility owner or
operator may accept a shipment of hazardous waste which he or she is not
allowed to manage under the hazardous waste facility permit. The owner or
operator shall notify the commissioner immediately upon receiving the hazardous
wastes.
C. Except when the owner or
operator is also the generator, the owner or operator of a facility that
receives hazardous waste from an off-site source shall inform the generator in
writing that he or she has the appropriate permit or permits for, and will
accept, the waste the generator is shipping. The owner or operator shall keep a
copy of this written notice as part of the operating record.
D. Before transferring ownership or operation
of a facility during its operating life, or of a disposal facility during the
postclosure care period, the owner or operator shall notify the new owner or
operator in writing of the requirements of parts
7045.0450 to
7045.0551 and all permit
requirements. An owner's or operator's failure to notify the new owner or
operator of these requirements does not relieve the new owner or operator of
the obligation to comply with all applicable requirements.
E. The owner or operator of a recovery
facility that has arranged to receive hazardous waste subject to part
7045.0322 must provide a copy of
the tracking document bearing all required signatures to the notifier, to the
Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection
Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to the
competent authorities of all other concerned countries within three working
days of receipt of the shipment. The original of the signed tracking document
must be maintained at the facility for at least three years.
Subp. 4.
Security.
The owner or operator shall prevent the unknowing entry, and
minimize the possibility for the unauthorized entry, of persons or livestock
onto the active portion of the facility, unless he or she can demonstrate to
the commissioner in the permit application that:
A. physical contact with the waste,
structures, or equipment within the active portion of the facility will not
injure unknowing or unauthorized persons or livestock which could enter the
active portion of a facility; and
B. disturbance of the waste or equipment by
the unknowing or unauthorized entry of persons or livestock onto the active
portion of a facility will not cause a violation of parts
7045.0450 to
7045.0551.
Unless the owner or operator has made a successful
demonstration in the permit application that has been approved by the
commissioner, a facility must have a 24-hour surveillance system which
continuously monitors and controls entry onto the active portion of the
facility, or an artificial or natural barrier which completely surrounds the
active portion of the facility and a means to control entry at all times
through the gates or other entrances to the active portion of the
facility.
Unless the owner or operator has made a successful
demonstration in the permit application that has been approved by the
commissioner, a sign with the legend, "Danger - Unauthorized Personnel Keep
Out," must be posted at each entrance to the active portion of a facility and
at other locations in sufficient numbers to be seen from any approach to the
active portion. The legend must be written in English and in any other language
predominant in the area surrounding the facility and must be legible from a
distance of at least 25 feet. Existing signs with a legend other than "Danger -
Unauthorized Personnel Keep Out" may be used if the legend on the sign
indicates that only authorized personnel are allowed to enter the active
portion and that entry onto the active portion can be dangerous.
Subp. 5.
General
inspection requirements.
General inspection requirements include the following:
A. The owner or operator shall inspect the
facility for malfunctions and deterioration, operator errors, and discharges
which may be causing or may lead to the release of hazardous waste constituents
to the environment or a threat to human health. The owner or operator shall
conduct these inspections often enough to identify problems in time to correct
them before they harm human health or the environment.
B. The owner or operator shall develop and
follow a written schedule for inspecting monitoring equipment, safety and
emergency equipment, security devices, and operating and structural equipment
that are important to preventing, detecting, or responding to environmental or
human health hazards. This schedule must be kept at the facility. The schedule
must identify the types of problems which are to be looked for during the
inspection such as inoperative sump pumps, leaking fittings, and eroding
dikes.
C. The frequency of
inspection may vary for the items on the schedule. However, the frequency must
be based on the rate of possible deterioration of the equipment and the
probability of an environmental or human health incident if the deterioration,
malfunction, or any operator error goes undetected between inspections. Areas
subject to spills, such as loading and unloading areas, must be inspected daily
when in use. At a minimum, the inspection schedule must include the terms and
frequencies called for in parts
7045.0526, subpart
5; 7045.0528, subparts
4 and 7; 7045.0532, subpart
5; 7045.0534, subpart 6;
7045.0536, subpart 6; 7045.0538, subpart
5; 7045.0539, subpart
3; and 7045.0542, subpart 7;
and the process vent, equipment leak, and tank, surface impoundment, and
container standards in Code of Federal Regulations, title 40, sections
264.1033, 264.1052, 264.1053, 264.1058, as amended, and sections 264.1083 to
264.1089, as incorporated in part
7045.0540, where applicable. The
inspection schedule must be submitted with the permit application. The
commissioner shall evaluate the schedule along with the rest of the application
to ensure that it adequately protects human health and the environment. As part
of this review, the commissioner may modify or amend the schedule as
necessary.
D. The owner or operator
shall remedy any deterioration or malfunction of equipment or structures which
the inspection reveals on a schedule which ensures that the problem does not
lead to an environmental or human health hazard. Where a hazard is imminent or
has already occurred, remedial action must be taken immediately.
E. The owner or operator shall record
inspections in an inspection log or summary and shall keep these records for at
least three years from the date of inspection. These records must include the
date and time of the inspection, the name of the inspector, a notation of the
observation made, and the date and nature of any repairs or other remedial
actions.
