[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.30]

[Page 311-313]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                      Subpart C--Permit Conditions
 
Sec. 270.30  Conditions applicable to all permits.


    The following conditions apply to all RCRA permits, and shall be 
incorporated into the permits either expressly or by reference. If 
incorporated by reference, a specific citation to these regulations (or 
the corresponding approved State regulations) must be given in the 
permit.
    (a) Duty to comply. The permittee must comply with all conditions of 
this permit, 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 Sec. 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 this 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 this 
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.
    (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 
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 this permit, or to determine 
compliance with this permit. The permittee shall also furnish to the 
Director, upon request, copies of records required to be kept by this 
permit.
    (i) Inspection and entry. 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:
    (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 this permit;
    (2) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;

[[Page 312]]

    (3) Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated or 
required under this permit; and
    (4) Sample or monitor at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by RCRA, 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 required by this permit, the 
certification required by Sec. 264.73(b)(9) of this chapter, 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 Director at any time. The permittee shall maintain 
records from all ground-water monitoring wells and associated ground-
water surface elevations, for the active life of the facility, and for 
disposal facilities for the post-closure 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 Director shall be signed and certified (See 
Sec. 270.11.)
    (l) Reporting requirements--(1) 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.
    (2) 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 Sec. 270.42, until:
    (i) 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
    (ii)(A) The Director has inspected the modified or newly constructed 
facility and finds it is in compliance with the conditions of the 
permit; or
    (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 Director 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. This 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 may be necessary 
under RCRA. (See Sec. 270.40)
    (4) Monitoring reports. Monitoring results shall be reported at the 
intervals specified elsewhere in this permit.
    (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.

[[Page 313]]

    (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 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 Director 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 
Director. (See 40 CFR 264.72.)
    (8) Unmanifested waste report: This report must be submitted to the 
Director within 15 days of receipt of unmanifested waste. (See 40 CFR 
264.76)
    (9) Biennial report: A biennial report must be submitted covering 
facility activities during odd numbered calendar years. (See 40 CFR 
264.75.)
    (10) Other noncompliance. The permittee shall report all instances 
of noncompliance not reported under paragraphs (l)(4), (5), and (6) of 
this section, at the time monitoring reports are submitted. The reports 
shall contain the information listed in paragraph (l)(6) of this 
section.
    (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 Director, it shall promptly submit such facts or information.
    (m) 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 40 CFR 124.33(b). The information repository 
will be governed by the provisions in 40 CFR 124.33(c) through (f).

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 48 
FR 39622, Sept. 1, 1983; 50 FR 28752, July 15, 1985; 53 FR 37935, Sept. 
28, 1988; 60 FR 63433, Dec. 11, 1995]