[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR270.30]



[Page 344-347]

 

                   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.



[[Page 345]]



    (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;

    (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;



[[Page 346]]



    (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.

    (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,



[[Page 347]]



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]