Part 122 The Hazardous Waste Permit Program
Subpart A - General Program Requirements
Section 122.1 Purpose and scope of Part 122.
(a) Coverage.
(1) These permit regulations establish provisions for Delaware’s Hazardous Waste Permit Program.
(2) The regulations in this part cover basic DNREC permitting requirements, such as application requirements, standard permit conditions, and monitoring and reporting requirements.
(b) [Reserved]
(c) Scope of the hazardous waste permit requirement. DNREC requires a permit for the “treatment”, “storage”, and “disposal” of any “hazardous waste” as identified or listed in Part 261. The terms “treatment”, “storage”, “disposal”, and “hazardous waste” are defined in Section 122.2. Owners and operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to Section 265.115) after January 26, 1983, must have post-closure permits, unless they demonstrate closure by removal or decontamination as provided under Section 122.1(c)(5) and (6), or obtain an enforceable document in lieu of a post-closure permit, as required under (c)(7) of this section. If a post-closure permit is required, the permit must address applicable Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements of these regulations. The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit under this section.
(1) Specific inclusions. Owners and operators of certain facilities require hazardous waste permits as well as permits under other programs for certain aspects of the facility operation. Hazardous waste permits are required for:
(i) [Reserved]
(ii) Treatment, storage, or disposal of hazardous waste at facilities requiring an NPDES permit. However, the owner and operator of a publicly owned treatment works receiving hazardous waste will be deemed to have a hazardous waste permit for that waste if they comply with the requirements of Section 122.60(c) (permit-by-rule for POTWs).
(iii) Barges or vessels that dispose of hazardous waste by ocean disposal and onshore hazardous waste treatment or storage facilities associated with an ocean disposal operation. However, the owner and operator will be deemed to have a State permit for ocean disposal from the barge or vessel itself if they comply with the requirements of Section 122.60(a) (permit-by-rule for ocean disposal barges and vessels).
(2) Specific exclusions. The following persons are among those who are not required to obtain a State hazardous waste permit:
(i) Generators who accumulate hazardous waste on-site for less than the time periods and under the conditions provided in Section 262.34.
(ii) Farmers who dispose of hazardous waste pesticides from their own use as provided in Section 262.70 of these regulations;
(iii) Persons who own or operate facilities solely for the treatment, storage or disposal of hazardous waste excluded from regulations under this part by Section Section 261.4 or 261.5 (small generator exemption).
(iv) Owners or operators of totally enclosed treatment facilities as defined in Section 260.10.
(v) Owners and operators of elementary neutralization units or wastewater treatment units as defined in Section 260.10.
(vi) Transporters storing manifested shipments of hazardous waste in containers meeting the requirements of Section 262.30 at a transfer facility for a period of ten days or less. See also Section 263.12.
(vii) Persons adding absorbent material to waste in a container (as defined in Section 260.10 of these regulations) and persons adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and Section Section 264.17(b), 264.171, and 264.172 of these regulations are complied with.
(viii) Universal waste handlers and universal waste transporters (as defined in Section 260.10) managing the wastes listed below. These handlers are subject to regulation under Part 273.
(A) Batteries as described in Section 273.2 of these regulations;
(B) Pesticides as described in Section 273.3 of these regulations;
(C) Mercury-containing equipment as described in Section 273.4 of these regulations; and
(D) Lamps as described in Section 273.5 of these regulations.
(3) Further exclusions.
(i) A person is not required to obtain a permit for treatment or containment activities taken during immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(D) An immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in Section 260.10.
(ii) Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this part for those activities.
(iii) In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(4) Permits for less than an entire facility. DNREC may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. The interim status of any unit for which a permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the facility.
(5) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under Part 265 standards must obtain a post-closure permit unless they can demonstrate to the Secretary that the closure met the standards for closure by removal or decontamination in Section Section 264.228, 264.280(e), or 264.258, respectively. The demonstration may be made in the following ways:
(i) If the owner/operator has submitted a Part B application for a post-closure permit, the owner/operator may request a determination, based on information contained in the application, that Part 264 closure by removal standards were met. If the Secretary believes that Part 264 standards were met, he/she will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in paragraph (c)(6) of this section.
(ii) If the owner/operator has not submitted a Part B application for a post-closure permit, the owner/operator may petition the Secretary for a determination that a post-closure permit is not required because the closure met the applicable Part 264 closure standards.
(A) The petition must include data demonstrating that closure by removal or decontamination standards were met, or it must demonstrate that the unit closed under State requirements that met or exceeded the applicable 264 closure-by-removal standard.
(B) The Secretary shall approve or deny the petition according to the procedures outlined in paragraph (c)(6) of this section.
(6) Procedures for closure equivalency determination.
(i) If a facility owner/operator seeks an equivalency demonstration under Section 122.1(c)(5), the Secretary will provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner/operator within 30 days from the date of the notice. The Secretary will also, in response to a request or at his/her own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the Part 265 closure to a Part 264 closure. The Secretary will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.)
(ii) The Secretary will determine whether the Part 265 closure met 264 closure by removal or decontamination requirements within 90 days of its receipt. If the Secretary finds that the closure did not meet the applicable Part 264 standards, he/she will provide the owner/operator with a written statement of the reasons why the closure failed to meet Part 264 standards. The owner/operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The Secretary will review any additional information submitted and make a final determination within 60 days.
(iii) If the Secretary determines that the facility did not close in accordance with Part 264 closure by removal standards, the facility is subject to post-closure permitting requirements.
(7) Enforceable documents for post-closure care. At the discretion of the Secretary, an owner or operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements of Section 265.121. “Enforceable document” means an order, a plan, or other document issued by EPA or by an authorized State under an authority that meets the requirements of 40 CFR, 271.16(e) including, but not limited to, a corrective action order issued by EPA under Section 3008(h) or DNREC under 7 Del.C., Chapter 63, a CERCLA remedial action, or a closure or post-closure plan.
(d) Transporters of listed or characteristic hazardous waste identified in Part 261 of these regulations, or used or waste oil as identified in Parts 263 or 279 of these regulations are required to obtain a transporters permit.
(Amended August 29, 1988; August 10, 1990; June 19, 1992, August 23, 1996, January 1, 1999, July 11, 2002, August 21, 2006 )
The following definitions apply to Parts 122 and 124. Terms not defined in this section have the meaning given by 7 Del.C., Chapter 63.
"Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
"Application" means the DNREC forms for applying for a permit, including any additions, revisions or modifications to the forms; including any approved modifications or revisions. Application also includes the information required by the Secretary under Section 122.14 - Section 122.29 (contents of the Part B application).
"Closure" means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Part 264.
"Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
"Corrective action management unit or CAMU" means an area within a facility that is designated by the Secretary under Part 264, Subpart S for the purpose of implementing corrective action requirements under Section 264.101 and 7 Del.C., Chapter 63. A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
"CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 USC Section 1251, et seq.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
"DNREC" means the Delaware Department of Natural Resources and Environmental Control.
"Draft permit" means a document prepared under Section 124.6 indicating the Secretary's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in Section 124.5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in Section 124.5 is not a "draft permit." A proposed permit is not a draft permit.
"Elementary neutralization unit" means a device which:
(a) Is used for neutralizing wastes only because they exhibit the corrosivity characteristic defined in Section 261.22 of these regulations, or are listed in Subpart D of Part 261 of these regulations only for this reason; and
(b) Meets the definition of tank, tank system, container, transport vehicle, or vessel in Section 260.10 of these regulations.
"Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.
"EPA" means the United States Environmental Protection Agency.
"Existing hazardous waste management (HWM) facility" or existing facility means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(a) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(b) (1) A continuous on-site, physical construction program has begun; or
(2) The owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial loss for physical construction of the facility to be completed within a reasonable time.
"Facility or activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under 7 Del.C., Chapter 63.
"Facility mailing list" means the mailing list for a facility maintained by DNREC in accordance with Section 124.10(c)(1)(iv).
"Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
"Ground water" means water below the land surface in a zone of saturation.
"Hazardous waste" means a hazardous waste as defined in Section 261.3.
"Hazardous Waste Management facility (HWM facility)" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them).
"Injection well" means a well into which fluids are being injected.
"In operation" means a facility which is treating, storing, or disposing of hazardous waste.
"Manifest" means the shipping document originated and signed by the generator which contains the information required by Subpart B of Part 262.
"National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Section Section 307, 402, 318, and 405 of the CWA. The term includes an approved program.
"New HWM facility" means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.
"Off-site" means any site which is not on-site.
"On-site" means on the same or geographically contiguous property which may be divided by public or private right(s)-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right(s)-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property.
"Owner or operator" means the owner or operator of any facility or activity subject to regulation under RCRA.
"Permit" means an authorization, license, or equivalent control document issued by DNREC to implement the requirements of this part and Part 124. Permit does not include interim status (Subpart G of this part), or any permit which has not yet been the subject of final DNREC action, such as a draft permit or a proposed permit.
"Permit-by-rule" means a provision of these regulations stating that a facility or activity is deemed to have a permit if it meets the requirements of Section 122.60.
"Person" means an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof.
"Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.
"Publicly owned treatment works (POTW)" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 USC Section 6901, et seq.)
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
“Remedial Action Plan (RAP)” means a special form of hazardous waste permit that a facility owner or operator may obtain instead of a permit issued under Section Section 122.3 through 122.66, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in Section 260.10 of these regulations) at a remediation waste management site.
"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with 7 Del.C., Chapter 63 and regulations.
"SDWA" means the Safe Drinking Water Act (Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 USC Section 3001, et seq.).
"Secretary" means the Secretary of DNREC.
"Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
"Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.
"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
"Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"UIC" means the Underground Injection Control Program under Part C of the Safe Drinking Water Act, including an approved program.
"Underground injection" means a well injection.
"Underground source of drinking water (USDW)" means an aquifer or its portion:
(a) (1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of ground water to supply a public water system; and
(i) Currently supplies drinking water for human consumption; or
(ii) Contains fewer than 10,000 mg/l total dissolved solids; and
(b) Which is not an exempted aquifer.
"USDW" means underground source of drinking water.
"Wastewater treatment unit" means a device which:
(a) Is part of a wastewater treatment facility which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act; and
(b) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in Section 261.3 of these regulations, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in Section 261.3 of these regulations, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section 261.3 of these regulations; and
(c) Meets the definition of tank or tank system in Section 260.10 of these regulations.
(Amended August 10, 1990, August 1, 1995, January 1, 1999, June 2, 2000)
Section 122.3 Noncompliance and program reporting by the Secretary
The Secretary shall prepare quarterly and annual reports as detailed below. The Secretary shall submit any reports required under this section to the Regional Administrator. For purposes of this section only, hazardous waste permittees shall include hazardous waste interim status facilities, when appropriate.
(a) Quarterly reports. The Secretary shall submit quarterly narrative reports for major facilities as follows:
(1) Format. The report shall use the following format:
(i) Information on noncompliance for each facility;
(ii) Alphabetize by permittee name. When two or more permittees have the same name, the lowest permit number shall be entered first.
(iii) For each entry on the list, include the following information in the following order;
(A) Name, location, and permit number of the noncomplying permittee.
(B) A brief description and date of each instance of noncompliance for that permittee. Instances of noncompliance may include one or more of the kinds set forth in paragraph (a)(2) of this section. When a permittee has noncompliance of more than one kind, combine the information into a single entry for each such permittee.
(C) The date(s) and a brief description of the action(s).
(D) Status of the instance(s) of noncompliance with the data of the review of the status or the date of resolution.
(E) Any details which tend to explain or mitigate the instance(s) of noncompliance.
(2) Instances of noncompliance to be reported. Any instances on noncompliance within the following categories shall be reported in successive reports until the noncompliance is reported as resolved. Once noncompliance is reported as resolved it need not appear in subsequent reports.
(i) Failure to complete construction elements. When the permittee has failed to complete, by the date specified in the permit, an element of a compliance schedule involving either planning for construction (for example, award of a contract, preliminary plans), or a construction step (for example, begin construction, attain operation level); and the permittee has not returned to compliance by accomplishing the required element of the schedule within 30 days from the date a compliance schedule report is due under the permit.
(ii) Modifications to schedules of compliance. When a schedule of compliance in the permit has been modified under Section 122.41 or Section 122.42 because of the permittee's noncompliance.
(iii) Failure to complete or provide compliance schedule or monitoring reports. When the permittee has failed to complete or provide a report required in a permit compliance schedule (for example, progress report or notice of noncompliance or compliance) or a monitoring report; and the permittee has not submitted the complete report within 30 days from the date it is due under the permit for compliance schedules, or from the date specified in the permit for monitoring reports.
(iv) Deficient reports. When the required reports provided by the permittee are so deficient as to cause misunderstanding by the Secretary and thus impede the review of the status of compliance.
(v) Noncompliance with other permit requirements. Noncompliance shall be reported in the following circumstances:
(A) Whenever the permittee has violated a permit requirement (other than reported under paragraph (a)(2)(i) or (ii) of this section), and has not returned to compliance within 45 days from the date reporting of noncompliance was due under the permit; or migration of fluids into an Underground Source of Drinking Water (USDW).
(B) When the Secretary determines that a pattern of noncompliance exists for a major facility permittee over the most recent four consecutive reporting periods. This pattern includes any violation of the same requirement in two consecutive reporting periods and any violation of one or more requirements in each of four consecutive reporting periods, or migration of fluids into an Underground Source of Drinking Water (USDW).
(C) When the Secretary determines significant permit non-compliance or other significant event has occurred, such as a fire or explosion.
(vi) All other statistical information shall be reported quarterly on all other instances of noncompliance by major facilities with permit requirements not otherwise reported under paragraph (a) of this section.
(b) Annual Reports.
(1) Annual noncompliance report. Statistical reports shall be submitted by the Secretary on nonmajor Hazardous Waste permittees indicating the total number reviewed, the number of noncomplying nonmajor permittees, the number of enforcement actions, and number of permit modifications extending compliance deadlines. The statistical information shall be organized to follow the types of noncompliance listed in paragraph (a) of this section.
(2) In addition to the annual noncompliance report, the Secretary shall prepare a "program report" which contains information (in a manner and form prescribed by the Regional Administrator) on generators and transporters; the permit status of regulated facilities; and summary information on the quantities and types of hazardous wastes generated, transported, stored, treated, and disposed during the preceding year. This summary information shall be reported in a manner and form prescribed by the Administrator and shall be reported according to EPA characteristics and lists of hazardous wastes in Part 261.
(c) Schedule.
(1) For all quarterly reports. On the last working day of May, August, November, and February, the State Secretary shall submit to the Regional Administrator information concerning noncompliance with State permit requirements by major facilities in the State in accordance with the following schedule.
Quarters Covered By Reports On
Non Compliance By Major Discharges
(Date for completion of reports)
January, February, and March May 311
April, May, and June Aug. 311
July, August, and September Nov. 301
October, November, and December Feb. 281
1 Reports must be made available to the public for inspection and copying on this date.
(Amended August 21, 1997)
Section 122.4 Effect of a permit.
(a) Compliance with a State hazardous waste permit during its term constitutes compliance, for purposes of enforcement, with 7 Del.C., Chapter 63 except for those requirements not included in the permit which:
(1) Become effective by statute;
(2) Are promulgated under Part 268 of these regulations restricting the placement of hazardous wastes in or on the land;
(3) Are promulgated under Part 264 of these regulations regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of Section 122.42 Class 1* permit modifications; or
(4) Are promulgated under Subparts AA, BB, or CC of Part 265 of these regulations limiting air emissions.
(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.
(Amended August 1, 1995, January 1, 1999)
(a) When used in Part 122 of these regulations, the following publications are incorporated by reference: (See 260.11 References)
(Amended May 8, 1986; August 29, 1988; August 10, 1990; June 19, 1992, July 23, 1996)
Subpart B - Permit Application
Section 122.10 General application requirements.
(a) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the Secretary as described in this section and Section 122.70 through Section 122.73. Persons currently authorized with interim status shall apply for permits when required by the Secretary. Persons covered by hazardous waste permits by rule (Section 122.60) need not apply. Procedures for applications, issuance and administration of emergency permits are found exclusively in Section 122.61. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in Section 122.65.
(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application.
(c) Completeness. The Secretary shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the Secretary receives an application from and any supplemental information which are completed to his satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in paragraph (j) of this section. The Secretary may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit.
(d) Information requirement. All applicants for hazardous waste permits shall provide information set forth in Section 122.13 and applicable sections in Section Section 122.14 - 122.29 to the Secretary, using the application form provided by the Secretary.
(e) Existing HWM facilities and interim status qualifications.
(1) Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under 7 Del.C., Chapter 63 that render the facility subject to the requirement to have a hazardous waste permit must submit Part A of their permit application no later than:
(i) Six months after the date of publication of regulations which first require them to comply with the standards set forth in Part 265 or 266, or
(ii) Thirty days after the date they first become subject to the standards set forth in Part 265 or 266, whichever first occurs.
(iii) For generators generating greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and treats, stores, or disposes of these wastes on-site, by March 24, 1987.
(2) The EPA Administrator may by publication in the FEDERAL REGISTER extend the date by which owners and operators of specified classes of existing hazardous waste management facilities must submit Part A of their permit application if he finds that:
(i) there has been substantial confusion as to whether the owners and operators of such facilities were required to file a permit application; and
(ii) such confusion is attributed to ambiguities in 40 CFR Parts 260, 261, 265, or 266 regulations.
(3) The DNREC Secretary or EPA Administrator may by compliance order issued under 7 Del.C., Section 6309 or RCRA Section 3008 extend the date by which the owner or operator of an existing hazardous waste management facility must submit Part A of their permit application.
(4) The owner or operator of an existing hazardous waste management facility may be required to submit Part B of their permit application. Any owner or operator shall be allowed at least six months from the date of request to submit Part B of the application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit Part B of the application at any time. Notwithstanding the above, any owner or operator of an existing hazardous waste management facility must submit a Part B permit application in accordance with the dates specified in Section 122.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under this Act that render the facility subject to the requirement to have a hazardous waste permit must submit a Part B application in accordance with the dates specified in Section 122.73.
(5) Failure to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application, is grounds for termination of interim status under Part 124.
(6) Notwithstanding the above, any owner or operator of an existing HWM facility must submit a Part B permit application in accordance with the dates specified in Section 122.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under 7 Del.C., Chapter 63 that render the facility subject to the requirement to have a hazardous waste permit must submit a Part B application in accordance with the dates specified in Section 122.73.
(f) New HWM facilities.
(1) Except as provided in paragraph (f)(3) of this section, no person shall begin physical construction of a new HWM facility without having submitted Part A and Part B of the permit application and having received a finally effective hazardous waste permit.
(2) An application for a permit for a new hazardous waste management facility (including both Parts A and Part B) may be filed any time after promulgation of those standards in Part 264, Subpart I et seq. applicable to such facility. Except as provided in paragraph (f)(3) of this section, all applications must be submitted at least 180 days before physical construction is expected to commence.
(3) Notwithstanding paragraph (f)(1) of this section, a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Administrator and the Secretary if the Administrator approves under Section (6)(e) of the Toxic Substances Control Act and any person owning or operating such a facility may, at any time after construction or operation of such facility has begun, file an application for a hazardous waste permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under 7 Del.C., Chapter 63.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application:
(i) With the Secretary no later than the effective date of regulatory provisions listing or designating wastes as hazardous if the facility is treating, storing, or disposing of any of those newly listed or designated waste; or
(ii) As necessary to comply with provisions of Section 122.72 for changes during interim status. Revised Part A applications necessary to comply with the provisions of Section 122.72 shall be filed with the Secretary.
(2) The owner or operator of a facility who fails to comply with the updating requirements of paragraph (g)(1) of this section does not receive interim status as to the wastes not covered by duly filed Part A applications.
(h) Reapplications. Any HWM facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Secretary. (The Secretary shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)
(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under Section Section 122.10(d), 122.13, 122.14 - 122.21 for a period of at least 3 years from the date the application is signed.
(j) Exposure information.
(1) After August 8, 1985, any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:
(i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
(ii) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under paragraph (i); and
(iii) The potential magnitude and nature of the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators of a landfill or a surface impoundment who have already submitted a Part B application must submit the exposure information required in paragraph (j)(1) of this section.
(k) The Secretary may require a permittee or an applicant to submit information in order to establish permit conditions under Section Section 122.32(b)(2) and 122.50(d) of these regulations.
(Amended June 19, 1992, August 21, 1997, January 1, 1999)
Section 122.11 Signatories to permit applications and reports.
(a) Applications. All permit applications shall be signed as follows:
(1) For a corporation; by a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship; by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency; by either a principal executive officer or ranking elected official.
(b) Reports. All reports required by permits and other information requested by the Secretary shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative only if:
(1) The authorization is made in writing by a person described in paragraph (a) of this section;
(2) The authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
(3) The written authorization is submitted to the Secretary.
(c) Changes to authorization. If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Secretary prior to or together with any reports, information, or applications to be signed by an authorized representative.
(d) (1) Certification. Any person signing a document under paragraph (a) or (b) of this section must make the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(2) For remedial action plans (RAPs) under Subpart H of this part, if the operator certifies according to paragraph (d)(1) of this section, then the owner may choose to make the following certification instead of the certification in paragraph (d)(1) of this section:
Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the person or persons who manage the system referenced in the operator's certification, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(Amended June 2, 2000)
Section 122.12 Confidentiality of information.
(a) In accordance with 7 Del.C., Section 6304, any information submitted to DNREC pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, DNREC may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 7 Del.C., Section 6304.
(b) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied.
Section 122.13 Contents of Part A.
Part A of the hazardous waste application shall include the following information:
(a) The activities conducted by the applicant which require it to obtain a permit under Hazardous Waste Regulations.
(b) Name, mailing address, telephone number and location, including latitude and longitude of the facility for which the application is submitted.
(c) Up to four SIC codes which best reflect the principal products or services provided by the facility.
(d) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.
(e) The name, address, and phone number of the owner of the facility.
(f) Whether the facility is located on Indian lands.
(g) An indication of whether the facility is new or existing and whether it is a first or revised application.
(h) For existing facilities,
(1) A scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and
(2) Photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas.
(i) A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items.
(j) A specification of the hazardous wastes listed or designated under Part 261 to be treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for such wastes.
(k) A listing of all permits or construction approvals received or applied for under any of the following programs:
(1) Hazardous Waste Management program under Hazardous Waste Regulations.
(2) UIC program under the SWDA.
(3) NPDES program under the CWA.
(4) Prevention of significant Deterioration (PSD) program under the Clean Air Act.
(5) Nonattainment program under the Clean Air Act.
(6) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act.
(7) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.
(8) Dredge or fill permits under Section 404 of the CWA.
(9) Other relevant environmental permits, including State permits.
(l) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or other wise known to the applicant within 1/4 mile of the facility property boundary.
(m) A brief description of the nature of the business.
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.
(Amended August 1, 1995)
Section 122.14 Contents of Part B: General Requirements.
(a) Part B of the permit application consists of the general information requirements of this section, and the specific information requirements in Section Section 122.14-122.29 applicable to the facility. The Part B information requirements presented in Section Section 122.14-122.29 reflect the standards promulgated in Part 264. These information requirements are necessary in order for DNREC to determine compliance with the Part 264 standards. It is recommended that the applicants contact DNREC for information on the format of Part B applications. If owners and operators of HWM facilities can demonstrate that the information prescribed in Part B can not be provided to the extent required, the Secretary may make allowance for submission of such information on a case-by-case basis. Information required in Part B shall be submitted to the Secretary and signed in accordance with requirements in Section 122.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by a registered professional engineer. For post-closure permits, only the information specified in Section 122.28 is required in Part B of the permit application.
(b) General information requirements. Include where applicable, as part of the inspection schedule, specific requirements in Section Section 264.174, 264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, and 264.1058.
(1) A general description of the facility.
(2) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with Part 264 of these regulations.
(3) A copy of the waste analysis plan required by Section 264.13(b) and, if applicable Section 264.13(c).
(4) A description or the security procedures and equipment required by Section 264.14, or a justification demonstrating the reasons for requesting a waiver of this requirement.
(5) A copy of the general inspection schedule required by Section 264.15(b) of this part. Include where applicable, as part of the inspection schedule, specific requirements in Section Section 264.174, 264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 of this part.
(6) A justification of any request for a waiver(s) of the preparedness and prevention requirements of Part 264, Subpart C.
(7) A copy of the contingency plan required by Part 264, Subpart D. Note: Include, where applicable, as part of the contingency plan, specific requirements in Section Section 264.227, 264.255 and 264.200.
(8) A description of procedures, structures, or equipment used at the facility to;
(i) Prevent hazards in unloading operations (for example, ramps, special forklifts);
(ii) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);
(iii) Prevent contamination of water supplies;
(iv) Mitigate effects of equipment failure and power outages;
(v) Prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and
(vi) Prevent releases to atmosphere.
(9) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible waste as required to demonstrate compliance with Section 264.17 including documentation demonstrating compliance with Section 264.17(c).
(10) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic control signals).
(11) Facility location information;
(i) In order to determine the applicability of the seismic standard [Section 264.18(a)] the owner or operator of a new facility must identify the political jurisdiction (e.g., county, township, or election district) in which the facility is proposed to be located.
[Comment: If the county or election district is not listed in Appendix VI of Part 264, no further information is required to demonstrate compliance with Section 264.18(a).]
(ii) If the facility is proposed to be located in an area listed in Appendix VI of Part 264, the owner or operator shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided must be of such quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted must show that either;
(A) No faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:
(1) Published geologic studies,
(2) Aerial reconnaissance of the area within a five-mile radius from the facility,
(3) An analysis of aerial photographs covering a 3,000 foot radius of the facility, and
(4) If needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feed of the facility, or
(B) If faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility, data shall be obtained from a subsurface exploration (trenching) of the area with a distance of no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found.
[Comment: The Guidance Manual for the Location Standards provides greater detail on the content of each type of seismic investigation and the appropriate conditions under which each approach or a combination of approaches would be used.]
(iii) Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year flood plain. This identification must include the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, construction, operating, or maintaining the facility to with stand washout from as 100-year flood.
[Comment: Where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year flood plain. However, where the FIA map excludes an area (usually areas of the floodplain less that 200 feet in width), the areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.]
(iv) Owners and operators of facilities located in the 100-year floodplain must provide the following information:
(A) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.
(B) Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., flood walls, dikes) at the facility and how these will prevent washout.
(C) If applicable, and in lieu of paragraphs (A) and (B) above, a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:
(1) Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility.
(2) A description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulation under Parts 122, 124, 264 and 265 of these regulations.
(3) The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use.
(4) The potential for accidental discharges of the waste during movement.
(v) Existing facilities NOT in compliance with Section 264.18(b) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance.
(12) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with Section 264.16. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in Section 264.16(a)(3).
(13) A copy of the closure plan and, where applicable, the post- closure plan required by Section Section 264.112, 264.118, and 264.197. Include, where applicable, as part of the plans, specific requirements in Section Section 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351 and 264.603.
(14) For hazardous waste disposal units that have been closed, documentation that notices required under Section 264.119 have been filed.
(15) The most recent closure cost estimate for the facility prepared in accordance with Section 264.142 and a copy of the documentation required to demonstrate financial assurance under Section 264.143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B.
(16) Where applicable, the most recent post-closure cost estimate for the facility prepared in accordance with 264.144 plus a copy of the documentation required to demonstrate financial assurance under 264.145. For a new facility, a copy of the required documentation may be submitted may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B.
(17) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of Section 264.147. For a new facility, documentation showing the amount of insurance meeting the specification of Section 264.147(a) and, if applicable, Section 264.147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal.
(18) [Reserved]
(19) A topographic map showing a distance of 1000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet 0, or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:
(i) Map scale and date.
(ii) 100-year floodplain area.
(iii) Surface waters including intermittent streams.
(iv) Surrounding land uses (residential, commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing wind-speed and direction).
(vi) Orientation of the map (north arrow).
(vii) Legal boundaries of the HWM facility site.
(viii) Access control (fences, gates).
(ix) Injection and withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or disposal operations; or other structure (recreation areas, runoff control systems, access and internal roads, storm, sanitary, process sewerage systems, loading and unloading areas, fire control facilities, etc.)
(xi) Barriers for drainage or flood control.
(xii) Location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored, or disposed (include equipment cleanup areas).
[Note: For large HWM facilities the Department will allow the use of other scales on a case by case basis.]
(20) Applicants may be required to submit such information as may be necessary to enable the Secretary to carry out his duties under other State laws.
(21) For land disposal facilities, if a case-by-case extension has been approved under Section 268.5 or a petition has been approved under Section 268.6, a copy of the notice of approval for the extension or petition is required.
(22) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under Section 124.31(c).
(c) Additional information requirements. The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in Section 264.90(b) of these regulations:
(1) A summary of the ground-water monitoring data obtained during the interim status period under Section Section 265.90-265.94, where applicable.
(2) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground-water flow direction and rate, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area).
(3) On the topographic map required under paragraph (b)(19) of this section, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under Section 264.95, the proposed location of ground-water monitoring wells as required under Section 264.97, and, to the extent possible, the information required in paragraph (c)(2) of this section.
(4) A description of any plume of contamination that has entered the ground-water from a regulated unit at the time that the application was submitted that:
(i) Delineates the extent of the plume on the topographic map required under paragraph (b)(19) of this section;
(ii) Identifies the concentration of each Appendix IX, of Part 264 of these regulations, constituent throughout the plume or identifies the maximum concentrations of each Appendix IX constituent in the plume.
(5) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of Section 264.97.
(6) If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of Section 264.98. This submission must address the following items specified under Section 264.98:
(i) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;
(ii) A proposed ground-water monitoring system;
(iii) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and
(iv) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.
(7) If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of Section 264.99. Except as provided in Section 264.98(g)(5), the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of Section 264.100, unless the owner or operator obtains written authorization in advance from the Secretary to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with Section 264.99, the owner or operator must address the following items:
(i) A description of the wastes previously handled at the facility;
(ii) A characterization of the contaminated ground water, including concentrations of hazardous constituents;
(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with Section 264.97 and Section 264.99;
(iv) Proposed concentration limits for each hazardous constituent, based on the criteria set forth in Section 264.94(a), including a justification for establishing any alternate concentration limits;
(v) Detailed plans and an engineering report describing the proposed ground-water monitoring system, in accordance with the requirements of Section 264.97; and
(vi) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.
(8) If hazardous constituents have been measured in the ground water which exceed the concentration limits established under Section 264.94 Table 1, or if ground water monitoring conducted at the time of permit application under Section Section 265.90-265.94 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator must submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of Section 264.100. However, an owner or operator is not required to submit information to establish a corrective action program if he demonstrates to the Secretary that alternate concentration limits will protect human health and the environment after considering the criteria listed in Section 264.94. An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of Section 264.99 and paragraph (c)(6) of this section. To demonstrate compliance with Section 264.100, the owner or operator must address, at a minimum, the following items:
(i) A characterization of the contaminated ground water, including concentrations of hazardous constituents;
(ii) The concentration limit for each hazardous constituent found in the ground water as set forth in Section 264.94;
(iii) Detailed plans and an engineering report describing the corrective action to be taken;
(iv) A description of how the ground-water monitoring program will demonstrate the adequacy of the corrective action; and
(v) The permit may contain a schedule for submittal of the information required in paragraphs (c)(8)(iii) and (iv) provided the owner or operator obtains written authorization from the Secretary prior to submittal of the complete permit application.
(d) Information requirements for solid waste management units.
(1) The following information is required for each solid waste management unit at a facility seeking a permit:
(i) The location of the unit on the topographic map required under paragraph (b)(19) of this section.
(ii) Designation of type of unit.
(iii) General dimensions and structural description (supply any available drawings).
(iv) When the unit was operated.
(v) Specifications of all wastes that have been managed at the unit, to the extent available.
(2) The owner or operator of any facility containing one or more solid waste management units must submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.
(3) The owner/operator must conduct and provide the results of sampling and analysis of groundwater, land surface, and subsurface strata, surface water, or wells, where the Secretary ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.
(Amended June 19, 1992, August 1, 1995, January 1, 1999, August 23, 1999, August 21, 2006)
Section 122.15 Specific Part B information requirements for containers.
Except as otherwise provided in Section 264.170, owners or operators of facilities that store containers of hazardous waste must provide the following additional information:
(a) A description of the containment system to demonstrate compliance with Section 264.175. Show at least the following:
(1) Basic design parameters, dimensions, and materials of construction.
(2) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.
(3) Capacity of the containment system relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing run-on.
(5) How accumulated liquids can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with Section 264.175(c), including:
(1) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and
(2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating compliance with Section 264.176 (location of buffer zone and containers holding ignitable or reactive wastes) and Section 264.177(c) (location of incompatible wastes), where applicable.
(d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with Section 264.177(a) and (b), and Section 264.17(b) and (c).
(e) Information on air emission control equipment as required in Section 122.27.
(Amended January 1, 1999)
Section 122.16 Specific Part B information requirements for tank systems.
Except as otherwise provided in Section 264.190, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information:
(a) A written assessment that is reviewed and certified by an independent, qualified, registered professional engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under Section Section 264.191 and 264.192;
(b) Dimensions and capacity of each tank;
(c) Description of feed systems, safety cutoff, bypass systems, and pressure controls (e.g., vents),
(d) A diagram of piping, instrumentation, and process flow for each tank system;.
(e) A description of materials and equipment used to provide external corrosion protection, as required under Section 264.192(a)(3)(ii);
(f) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with Section 264.192(b), (c), (d) and (e);
(g) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of Section 264.193(a), (b), (c), (d), (e), and (f);
(h) For tank systems for which a variance from requirements of Section 264.193 is sought (as provided by Section 264.193(g));
(1) Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or
(2) A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment.
(i) Description of the controls and practices to prevent spills and overflows, as required under Section 264.194(b); and
(j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of Section Section 264.198 and 264.199.
(k) Information on air emission control equipment as required in Section 122.27.
(Amended November 21, 1985; August 29, 1988, January 1, 1999)
Section 122.17 Specific Part B information requirements for surface impoundments.
Except as otherwise provided in Section 264.220, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information:
(a) A list of the hazardous wastes placed or to be placed in each surface impoundment;