Current through Register Vol. 48, No. 9, September 27, 2024
The following conditions apply to all permits under these
regulations, and shall be incorporated into the permits either expressly or by
reference. If incorporated by reference, a specific citation to these
regulations must be given in the permit. (revised 12/92)
(a) Duty to comply. The permittee must comply
with all conditions included in his approved permit application, all conditions
and restrictions placed upon its permit, all applicable regulations promulgated
pursuant to the Act, and all orders issued by the Board, Commissioner, or
Department, except that the permittee need not comply with the conditions of
this permit to the extent and for the duration such noncompliance is authorized
in an emergency permit. (See 270.61). Any permit noncompliance, except under
the terms of an emergency permit, constitutes a violation of the appropriate
Act and is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal
application.
(b) Duty to reapply.
If the permittee wishes to continue an activity regulated by this permit after
the expiration date of this permit, the permittee must apply for and obtain a
new permit.
(c) Need to halt or
reduce activity not a defense. 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 its
permit.
(d) 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.
(e) Proper operation
and maintenance. 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 its 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 its permit.
(f) Permit actions. This 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.
(g) Property rights. The permit does not
convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The
permittee shall furnish to the Department within a reasonable time, any
relevant information which the Department may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating its permit,
or to determine compliance with its permit. The permittee shall also furnish to
the Department, upon request, copies of records required to be kept by its
permit.
(i) Inspection and entry.
The permittee shall allow an authorized representative of the Department upon
the presentation of credentials and other documents as may be required by law,
to:
(1) 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 its
permit;
(2) Have access to and
copy, at reasonable times, any records that must be kept under the conditions
of its permit;
(3) Inspect at
reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under its permit;
and
(4) Sample or monitor at
reasonable times, for the purpose of assuring permit compliance or as otherwise
authorized by the Act, any substances or parameters at any location.
(j) Monitoring and records.
(1) Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
(2) 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 specified in his permit
application and required by this permit, the certification required by
R.61-79.264.73(b)(9)(b)(9), and records of all data used to complete the
application for this permit, for a period of at least 3 years from the date of
the sample, measurement, report, certification, or application. This period may
be extended by request of the Department at anytime. 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 postclosure care period as well.
(3) Records for monitoring information shall
include:
(i) The date, exact place, and time
of sampling or measurements;
(ii)
The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were
performed;
(iv) The individual(s)
who performed the analyses;
(v) The
analytical techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory
requirements. All applications, reports, or information submitted to the
Department shall be signed and certified. (See 270.11.)
(l) Reporting requirements.
(1) Planned changes. The permittee shall give
notice to the Department as soon as possible of any planned physical
alterations or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee
shall give advance notice to the Department 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 270.42), until: (amended 11/90)
(i) The permittee has submitted to the
Department 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
(ii)
(A) The
department has inspected the modified or newly constructed facility and finds
it is in compliance with the conditions of th permit; or (revised
12/92)
(B) Within 15 days of the
date of submission of the letter in paragraph (l)(2)(i) of this section, the
permittee has not received notice from the Department of his or her intent to
inspect, prior inspection is waived and the permittee may commence treatment,
storage, or disposal of hazardous waste.
(3) Transfers. The Department may transfer a
permit when notified according to the provisions of Section270.40. A permit is
not transferable to any person. The Department may require modification or
revocation and reissuance of the permit to change the name of the permittee and
incorporate such other requirements as may be necessary under these
Regulations. (See 270.40)
(4)
Monitoring reports. Monitoring results shall be reported at the intervals
specified by the Department.
(5)
Compliance schedules. Reports of compliance or noncompliance with, or any
progress reports on, interim and final requirements contained in any compliance
schedule of this permit shall be submitted no later than 14 days following each
schedule date.
(6) Twenty-four hour
reporting.
(i) The permittee shall report any
noncompliance which may endanger health or the environment orally within 24
hours from the time the permittee becomes aware of the circumstances including:
(A) Information concerning release of any
hazardous waste that may cause an endangerment to public drinking water
supplies.
(B) Any information of a
release or discharge of hazardous waste or of a fire or explosion from the HWM
facility, which could threaten the environment or human health outside the
facility.
(ii) The
description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of
the owner or operator;
(B) Name,
address, and telephone number of the facility;
(C) Date, time and type of
incident;
(D) Name and quantity of
material(s) involved;
(E) The
extent of injuries, if any;
(F) An
assessment of actual or potential hazards to the environment and human health
outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of
recovered material that resulted from the incident.
(iii) A written submission shall also be
provided to the Department 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 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
Department may waive the five day written notice requirement in favor of a
written report within fifteen days.
(7) Manifest discrepancy report: If a
significant 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
Department (See 264.72.)
(8)
Unmanifested waste report: This report must be submitted to the Department
within fifteen days of receipt of unmanifested waste. (See 264.76)
(9) Quarterly reports. The permittee shall
submit quarterly reports of waste types and quantities as specified by
R.61-79.264.75.
(10) Other
noncompliance. The permittee shall report all instances of noncompliance not
reported under paragraphs (l) (4), (5), and (6) at the time quarterly reports
are submitted. The reports shall contain the information listed in paragraph
(l)(6).
(11) Other information.
Where the permittee becomes aware that it failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit
application or in any report to the Department, it shall promptly submit such
facts or information.
(m) Information repository. The Department
may require the permittee to establish and maintain an information repository
at any time, based on the factors set forth in 124.33(b). The information
repository will be governed by the provisions in 124.33(c) through
(f).
