Current through September 17, 2024
002.01 The permittee must comply with all
conditions and restrictions placed upon the permit, except that the permittee
need not comply with the conditions of the permit to the extent and for the
duration such non-compliance is authorized in an Emergency permit as described
in Chapter 12, 001.04B. Any permit non-compliance
constitutes a violation of the State Act and is grounds for enforcement action;
for permit termination, revocation and reissuance or modification; or for
denial of a permit renewal.
002.02
If the permittee wishes to continue an activity regulated by the permit after
the expiration date of the permit, the permittee must apply for and obtain a
new permit prior to the expiration date of the permit in effect subject to the
provisions in Chapter 15, 014.04.
002.03 It shall not be a defense for a
permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the
conditions of the permit.
002.04 In
the event of noncompliance with the permit, the permittee shall take all
reasonable steps to minimize releases to the environment, and shall carry out
such measures as are reasonable to prevent significant adverse impacts on human
health or the environment.
002.05
The permittee shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of
the permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back- up or auxiliary
facilities or similar systems only when necessary to achieve compliance with
the conditions of the permit.
002.06 The permit may be modified, revoked
and reissued, or terminated for cause. The filing of a request by the permittee
for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
002.07 The permit
does not convey any property rights of any sort, or any exclusive
privilege.
002.08 The permittee
shall furnish to the Director, within a reasonable time, any relevant
information which the Director may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating the permit, or to
determine compliance with the permit. The permittee shall also furnish to the
Director, upon request, copies of records required to be kept by the
permit.
002.09 The permittee shall
allow the Director, or an authorized representative, upon the presentation of
credentials and other documents as may be required by law to:
002.09A Enter at reasonable times upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of the
permit;
002.09B Have access to and
copy, at reasonable times, any records that must be kept under the conditions
of the permit;
002.09C Inspect at
reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under the permit;
and
002.09D Sample or monitor at
reasonable times, for the purposes of assuring permit compliance any substances
or parameters at any location.
002.10 Monitoring and records
002.10A Samples and measurements taken for
the purpose of monitoring shall be representative of the monitored
activity.
002.10B The permittee
shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by the permit, the
certification required by
40 CFR
264.73(b)(9), as
incorporated by reference in Chapter 21, 005 and
records of all data used to complete the application for the permit, for a
period of at least three years from the date of the sample, measurement, report
or application. This period may be extended by request of the Director at any
time. The permittee shall maintain records from all groundwater monitoring
wells and associated groundwater surface elevations, for the active life of the
facility, and for disposal facilities for the post-closure care period as well.
002.10C Records for monitoring
information shall include:
002.10C1 The date,
exact place, and time of sampling or measurements;
002.10C2 The individual(s) who performed the
sampling or measurements;
002.10C3
The date(s) analyses were performed;
022.10C4 The individual(s) who performed the
analyses;
002.10C5 The results of
such analyses; and
002.10C6 The
analytical techniques or methods used.
002.11 All applications, reports, or
information submitted to the Director shall be signed and certified in
accordance with Chapter 13, 011.
002.12 Reporting requirements
002.12A Planned changes. The permittee shall
give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility.
002.12B Anticipated noncompliance. The
permittee shall give advance notice to the Director of any planned changes in
the permitted facility or activity which may result in noncompliance with
permit requirements. For a new facility, the permittee may not treat, store, or
dispose of hazardous waste; and for a facility being modified, the permittee
may not treat, store, or dispose of hazardous waste in the modified portion of
the facility except as provided in Chapter 15, Section
012.02, until:
002.12B1 The permittee has submitted to the
Director by certified mail or hand delivery a letter signed by the permittee
and a registered professional engineer stating that the facility has been
constructed or modified in compliance with the permit; and
002.12B2 The Director has inspected the
modified or newly constructed facility and finds it is in compliance with the
conditions of the permit; or within 30 days of the date of submission of the
letter in Section 002.12B1 of this Chapter, the
permittee has not received notice from the Director of his or her intent to
inspect, prior inspection is waived and the permittee may commence treatment,
storage, or disposal of hazardous waste.
002.12C Transfers. The permit is not
transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permit to change
the name of the permittee and incorporate such other requirements as
necessary.
002.12D Monitoring
reports. Monitoring results shall be reported at the intervals specified
elsewhere in the permit.
002.12E
Compliance schedules. Reports of compliance or noncompliance with, or any
progress reports on, interim and final requirements contained in any compliance
schedule of the permit shall be submitted no later than 14 days following each
schedule date.
002.12F Twenty-four
hour reporting.
002.12F1 The permittee shall
orally report any information concerning the release of any hazardous waste or
instances of noncompliance which may endanger health or the environment within
24 hours from the time the permittee knows or should have known the
circumstances.
002.12F2 The
description of the occurrence and its cause shall include:
002.12F2(a) Name, address, and telephone
number of the owner or operator, and of the facility;
002.12F2(b) Type of incident, name and
quantity of the material(s) involved, the duration of the occurrence including
exact dates and times; and extent of injuries (if any);
002.12F2(c) An assessment of actual or
potential hazards to the environment and human health both inside the facility,
and outside the facility (where applicable);
002.12F2(d) If the noncompliance has not been
corrected, an estimate of the time it is expected to continue; and steps taken
or planned to reduce, eliminate; and prevent reoccurrence of the
non-compliance;
002.12F2(e) The
estimated quantity and disposition of the recovered material that resulted from
the incident.
002.12F3 A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance and its cause; the period of
noncompliance including the exact dates and times, and if the noncompliance has
not been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Director may waive the five day written notice requirement
in favor of a written report within fifteen days.
002.13 Manifest discrepancy report
If a discrepancy in a manifest is discovered, the permittee must
attempt to reconcile the discrepancy. If not resolved within fifteen days, the
permittee must submit a letter report, including a copy of the manifest, to the
Director. (see 40 CFR Part 264.72, as incorporated by reference in Chapter 21,
005).
002.14 Unmanifested waste report
This report must be submitted to the Director within fifteen days of
receipt of unmanifested waste. (see 40 CFR Part 264.76, as incorporated by
reference in Chapter 21, 005).
002.15 Biennial report
A biennial report must be submitted covering facility activities
during odd numbered calendar years. (see 40 CFR Part 264.75, as incorporated by
reference in Chapter 21, 005).
002.16 Other noncompliance
The permittee shall report all instances of noncompliance not reported
under Sections 002.12D,
002.12E and 002.12F of this
Chapter, at the time monitoring reports are submitted, or at least
quarterly.
002.17 Other
information
Where the permittee becomes aware that they failed to submit any
relevant facts in a permit application, or submitted incorrect information in a
permit application or in any report to the Director, they shall promptly submit
such facts or information.
002.18 Information repository
The Director may require the permittee to establish and maintain an
information repository at any time, based on the factors set forth in Section
018.01 of Chapter 13. The information repository will be governed by the
provisions in Sections 018.02 through 018.05 of Chapter 13.
