Subject 391-3-11 HAZARDOUS WASTE MANAGEMENT
| (1) |
Purpose -
The purpose of these rules is to establish policies, procedures, requirements,
and standards to implement the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60, et seq.
These rules are promulgated for the purpose of protecting and enhancing the
quality of Georgia's environment and protecting the public health, safety and
wellbeing of its citizens. |
| (2) |
Any
reference in these rules to standards, procedures, and requirements of Title 40
of the Code of Federal Regulations (40 C.F.R.) Parts 124, 260-266, 268, 270,
273 and 279 shall constitute the full adoption by reference of the Part,
Subpart, and Paragraph of the Federal Regulations so referenced including any
notes and appendices as may be associated in effect June 30, 2015, unless
otherwise stated. Provided, however, nothing in 40 C.F.R. Parts 124, 260-266,
268, 270, 273 and 279, as pertains to Performance Track facilities or
requirements, standardized permits (including all references to 40 C.F.R. Part
267, Part 270 Subpart J, and Part 124 Subpart G), permits for Underground
Injection Control Program (U.I.C.) under the Safe Drinking Water Act, the
Dredge or Fill Program under Section 404 of the Clean Water Act, National
Pollution Discharge Elimination System (NPDES) under the Clean Water Act or
Prevention of Significant Deterioration Program (PSD) and the National Emission
Standards for Hazardous Air Pollutants (NESHAPs) under the Clean Air Act is
adopted or included by reference herein.
| (a) |
When used in any such provisions as may be adopted from 40 C.F.R. Parts 124,
260-266, 268, 270, 273, and 279: United States, except in reference to
regulations on international shipments, shall mean the State of Georgia;
Environmental Protection Agency, except in reference to regulations on
international shipments and the electronic manifest system, shall mean
Environmental Protection Division; and Regional Administrator, except in
reference to regulations on international shipments, shall mean Director of the
Environmental Protection Division. Unless specifically indicated otherwise, any
reference to implementation by, submissions to, or inspections, investigations
or enforcement to or by the Environmental Protection Agency in such regulations
as may be adopted by reference by these rules shall be construed to mean the
Georgia Environmental Protection Division, unless such interpretation would be
inconsistent with the intent of the Georgia Hazardous Waste Management
Act. |
| (b) |
Any reference to 40 C.F.R.
Parts 124, 260-266, 268, 270, 273, and 279 in any provisions adopted by
reference shall be construed to refer to the provisions contained in the
following sections of these rules, except for references in
40 C.F.R.
262.20(a)(3)(ii),
262.24(a)(1),
262.24(d),
263.20(a)(4)(i),
263.20(a)(4)(iii),
263.25(a),
264.71(f)(1),
264.71(k)(1),
265.71(f)(1), and
265.71(k)(1):
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Federal Regulation Reference
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Georgia Rules Reference
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40 C.F.R. Part 260.3
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391-3-11-.01(2)(c)
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40 C.F.R. 260.10-11
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391-3-11-.02
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40 C.F.R. 260.42
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391-3-11-.04
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40 C.F.R. Part 264 Subpart H
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391-3-11-.05(1)
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40 C.F.R. Part 265 Subpart H
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391-3-11-.05(2)
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40 C.F.R. Part 261 Subpart H
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391-3-11-.05(5)
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40 C.F.R. Part 260 Subpart C
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391-3-11-.07(2)
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40 C.F.R. Part 261 Subparts A-E, I-J, M,
AA-CC
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391-3-11-.07(1)
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40 C.F.R. Part 262
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391-3-11-.08(1)
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40 C.F.R. Part 263
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391-3-11-.09
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40 C.F.R. Part 264 Subparts A-G, I-O, S, W, X, and
AA-EE
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391-3-11-.10(2)
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40 C.F.R. Part 265 Subparts A-G, I-R, W, and
AA-EE
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391-3-11-.10(1)
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40 C.F.R. Part 266
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391-3-11-.10(3)
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40 C.F.R. Part 124
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391-3-11-.11
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40 C.F.R. Part 270
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391-3-11-.11
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40 C.F.R. Part 268
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391-3-11-.16
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40 C.F.R. Part 279
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391-3-11-.17(1)
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40 C.F.R. Part 273
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391-3-11-.18
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References to EPA forms or reports, except in reference to
regulations on international shipments and Electronic Manifest System, shall
mean EPD forms and reports as may be provided by the Director. |
| (c) |
40 C.F.R. Part 260.3 is hereby
incorporated by reference. |
|
| (3) |
As of July 10, 1992, any facility which
failed to qualify for federal interim status for any waste code promulgated
pursuant to the Hazardous and Solid Waste Amendments (HSWA) or who lost interim
status for failing to certify under HSWA for any newly promulgated waste code,
is also denied interim status under State law. |
| (1) |
260.10 - 260.11
are hereby incorporated by reference. |
| (2) |
Differences between State and Federal
Definitions: When the same word is defined both in the Georgia Hazardous Waste
Management Act and in 260.10, 268.2, and 270.2, 273 and 279 as adopted by
reference above, and the definitions are not identical, the definitions as
given in the Georgia Hazardous Waste Management Act shall be applied unless
such application would render these rules inconsistent with Federal Hazardous
Waste rules and regulations. |
| (1) |
Any
records, reports, or information obtained from any person by the Director under
these rules shall be available to the public for inspection and copying at the
expense of the person requesting copies, except that upon a showing
satisfactory to the Director by any person that any records, reports, or
information or any particular part thereof, to which the Director has access
under these rules would, if made public, divulge information entitled to
protection or confidentiality under law, the Director shall consider such
information or any particular portion thereof confidential in accordance with
the purposes of the law under which confidentiality or protection is claimed,
except that such records, reports, documents, or information may be disclosed
to officers, employees or authorized representatives of the United States
government concerned with carrying out the terms of the Federal Act, or when
required by any court in any proceedings under the Federal Act or under the
Georgia Hazardous Waste Management Act. |
| (2) |
Any claim of confidentiality filed
pursuant to this section must be asserted at the time of initial submission of
the record, report, or information in question, or it shall be deemed
waived. |
| (3) |
Any claim of
confidentiality filed pursuant to this section must be accompanied by a
statement of the legal basis supporting the claim of confidentiality. |
| (1) |
Every
hazardous waste generator, hazardous waste transporter, hazardous waste
transfer facility, hazardous secondary material generator, hazardous secondary
material transporter, intermediate facility, verified hazardous secondary
materials reclamation facility, hazardous secondary material remanufacturer,
used oil transporter, used oil transfer facility, used oil processor, and owner
or operator of a hazardous waste storage, treatment, or disposal facility shall
notify the Division of such activities on forms provided by the Director.
Conditionally Exempt Small Quantity Generators are not required to notify. The
owner or operator of a site that has ceased all regulated activities shall
notify the Division that the EPA Identification Number assigned to the site
should be deactivated. |
| (2) |
Any
person who, on the effective date of these rules or effective date of any
subsequent revisions of these rules, is generating or transporting hazardous
waste or who owns or operates a hazardous waste storage, treatment, or disposal
facility must notify the Division of such activities within 90 days after these
rules or revisions to these rules become effective, unless such notification
has previously been provided to the Regional Administrator of the Environmental
Protection Agency in accordance with 3010 of the Federal Act. |
| (3) |
Any person who, on the effective date of
these rules or effective date of any subsequent revisions to these rules, is
not generating hazardous waste and who subsequently begins to generate
hazardous waste must, within 30 days after commencing such generation, notify
the Division of such generation in accordance with subsection (1)
above. |
| (4) |
Every hazardous waste
transporter, hazardous waste transfer facility, used oil transporter, used oil
transfer facility, used oil processor and owner or operator of a hazardous
waste storage, treatment, or disposal facility with a physical location in
Georgia shall, within 30 days after commencing such activities, notify the
Division of such activities in accordance with subsection (1) above. This
notification shall be made to the Division, regardless of any notification to
other states or the Environmental Protection Agency. |
| (1) |
40
C.F.R. Part 264 Subpart H, except for 264.140(d), is hereby incorporated by
reference. |
| (2) |
40 C.F.R. Part 265
Subpart H, except for 265.140(d), is hereby incorporated by
reference. |
| (3) |
The Director shall
require proof of adequate financial responsibility to insure any corrective
action required as a condition of a permit issued pursuant to these
rules. |
| (4) |
Methods other than those
provided for in subsection (1) above may be used to insure financial
responsibility if the owner or operator can show that an equivalent degree of
protection can be provided concerning human health and the
environment. |
| (5) |
40 C.F.R. Part 261
Subpart H is hereby incorporated by reference. |
A variance shall be granted only if it is consistent with the
requirements of the Georgia Hazardous Waste Management Act, as amended, and
these rules and consistent with the Federal Act and regulations promulgated
thereunder. The Director will evaluate the application for a variance and issue
a draft notice tentatively granting or denying the application. Notification of
this tentative decision will be provided by newspaper advertisement and radio
broadcast in the locality where the applicant is located. The Director will
accept comment on the tentative decision for thirty (30) days, and may also
hold a public hearing upon request or at his discretion. The Director will
issue a final decision after receipt of comments and after the hearing, if
any.
| (1) |
40 C.F.R. Part 261, Subpart A - Subpart
E, Subpart I - Subpart J, Subpart M, Subpart AA, Subpart BB, and Subpart CC,
are hereby incorporated by reference. |
| (2) |
40 C.F.R. Part 260, Subpart C, is hereby
incorporated by reference. |
| (3) |
The
Director shall provide public notice of any petition to delist a waste and
shall provide an opportunity for public comment thereon. Such public notice
shall be paid for by the person requesting the delisting. |
| (1) |
40 C.F.R. Part 262 is hereby incorporated
by reference. |
| (2) |
Hazardous Waste
Manifests shall be on forms as designated by the Director and shall be
completed as required by the instructions supplied. |
| (3) |
Weekly inspections of 90/180 day
hazardous waste accumulation areas shall be documented and maintained onsite
for three years. |
40 C.F.R. Part 263 is hereby incorporated by
reference.
| (1) |
40 C.F.R.
Part 265, Subpart A - Subpart G, Subpart I - Subpart R, Subpart W, Subpart AA,
Subpart BB, Subpart CC, Subpart DD and Subpart EE, are hereby incorporated by
reference, except for the following: 265.90(f), 265.110(c), 265.110(d),
265.112(b)(8), 265.112(c)(1)(iv), 265.118(c)(4), 265.118(c)(5),
265.118(d)(1)(iii), and 265.121. |
| (2) |
40 C.F.R. Part 264, Subpart A - Subpart
G, Subpart I - Subpart O, Subpart S, Subpart W, Subpart X, Subpart AA, Subpart
BB, Subpart CC, Subpart DD, and Subpart EE, are hereby incorporated by
reference, except for the following: 264.90(e), 264.90(f), 264.110(c),
264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv). References
to 40 C.F.R. 63 Subpart EEE in 264.340 shall be construed to refer to the
provisions contained in Rule
391-3-1-.02(9)(b)(71) of the Georgia Rules for Air Quality
Control, as amended. |
| (3) |
40 C.F.R.
Part 266 is hereby incorporated by reference. |
| (1) |
Permits Required: No person shall and it
shall be unlawful and a violation of the Georgia Hazardous Waste Management Act
to construct, install, operate or substantially alter a hazardous waste
facility without first obtaining and possessing a hazardous waste facility
permit from the Director.
| (a) |
Scope of the
RCRA Permit Requirement: 270.1, except for 270.1(c)(7), is hereby incorporated
by reference. |
| (b) |
124.1 is hereby
incorporated by reference. |
|
| (2) |
Interim Status: Any person who owns or
operates a facility required to have a permit under subsection (1) above, which
facility was in existence on November 19, 1980, or is in existence on the
effective date of statutory or regulatory changes pursuant to the Georgia
Hazardous Waste Management Act that render the facility subject to the
requirement to have a permit pursuant to subsection (1) above, shall be
accorded interim status, which means that such person shall be treated as
having been issued a permit until such time as final administrative disposition
of the person's application has been made, if and to the extent the person:
| (a) |
Has notified the Director of the
existence of such facility as required pursuant to Rule
391-3-11-.04; |
| (b) |
Has filed an application for a permit as
required pursuant to these rules; |
| (c) |
Furnishes to the Director information
reasonably required or requested for processing such application; |
| (d) |
Does not treat, store, or dispose of
hazardous waste not specified in the permit application, nor employ processes
not specified in the permit application, nor exceed the design capacity
specified in the permit application; and |
| (e) |
Complies with all standards applicable to
interim status facilities set forth in these rules. |
|
| (3) |
Application for Permit: An application
for a Hazardous Waste Facility Permit shall be submitted in such manner and on
such forms as the Director may prescribe.
| (a) |
Application shall be complete and accurate and accompanied by required plans,
data, specifications, engineering reports, design and other information as the
Director deems necessary to make a determination of compliance with the Act,
applicable standards and requirements and these rules. An application for a
permit shall include a demonstration of financial responsibility including but
not limited to guarantees, liability insurance, the posting of bonds, or any
combination of guarantees, liability insurance, or bonds, in accordance with
O.C.G.A. 12-8-68et seq.
and 391-3-11-.05
of these rules. Applications for permits will be reviewed together with such
other information as may be necessary to ascertain the effect upon the
environment and the health of humans. |
| (b) |
Specific Procedures Applicable to RCRA
Permits: 124.31 - 124.33 are hereby incorporated by reference, except the
following sentences are deleted in section (a) of 124.31, 124.32 and 124.33
"For the purposes of this section only 'hazardous waste management units over
which EPA has permit issuance authority' refers to hazardous waste management
units for which the State where the units are located has not been authorized
to issue RCRA permits pursuant to 40 C.F.R. Part 271. The requirements of this
section do not apply to permit modifications under 270.42 or to applications
that are submitted for the sole purpose of conducting post-closure activities
or post-closure activities and corrective action at a facility." |
| (c) |
Permit Application and Updating Permit
Applications for Existing and New Hazardous Waste Management Facilities: 124.3,
270.10 and 40 C.F.R.
270.235 are hereby incorporated by
reference. |
| (d) |
Signatories to
Permit Applications and Reports: 270.11 is hereby incorporated by
reference. |
| (e) |
Confidentiality of
Information: 270.12 is hereby incorporated by reference. |
| (f) |
Interim Status: 270.70 - 270.73 are
hereby incorporated by reference. |
| (g) |
Contents of Part A: 270.13 is hereby
incorporated by reference. |
| (h) |
Contents of Part B: 270.14 - 270.27 are hereby incorporated by
reference. |
|
| (4) |
Upon the
first receipt of an application for a Hazardous Waste Facility Permit, the
Director, within fifteen (15) days, shall provide to the government of the
county in which the facility is located or proposed to be located, to each city
government located wholly or partially within that county, and to the
government of each county and city having territorial boundaries within two
miles of the hazardous waste facility or proposed hazardous waste facility a
written notice indicating that an application has been received and describing
the hazardous waste activities the applicant proposes to conduct. Within a 30
day period after first receipt of such application, the Director shall also
publish in at least one local newspaper of general circulation in the county a
public notice that an application for a hazardous waste facility permit has
been received. A public hearing shall be held if such is requested in writing
within thirty (30) days after publication of notification and is requested by
twenty-five (25) or more persons who claim to be affected by the pending permit
application, by a governmental subdivision, or by an association having no
fewer than twenty-five (25) members. If requested, the public hearing shall be
conducted at the county seat of the county in which the hazardous waste
facility is proposed to be located. At least forty-five (45) days prior to the
date of the public hearing, the Director shall provide written notice to the
various local governmental subdivisions and other interested parties in the
locality in which the proposed facility may be located that a public hearing
has been requested, which written notice shall also include the date, time,
location and purpose of the public hearing. The date, time, location and
purpose of such public hearing shall be advertised in the legal organ of the
county in which the facility is proposed at least forty-five (45) days in
advance of the date set for the hearing. Such public hearings shall be held for
the purpose of receiving comments and suggestions concerning the location and
requirements for the operation of a hazardous waste facility. The Director
shall consider fully all written and oral submissions regarding the proposed
facility and the pending application.
| (a) |
Public Notice of Permit Actions and Public Comment Period: 124.10 is hereby
incorporated by reference. |
| (b) |
Public Comments and Request for Public Hearings: 124.11 is hereby incorporated
by reference. |
| (c) |
Public Hearings:
124.12 is hereby incorporated by reference. |
| (d) |
Obligation to Raise Issues During Public
Comment: 124.13 is hereby incorporated by reference. |
| (e) |
Reopening of the Public Comment Period:
124.14 is hereby incorporated by reference. |
| (f) |
Issuance and Effective Date of Permit:
124.15 is hereby incorporated by reference. |
| (g) |
Response to Comments: 124.17 and 124.17
are hereby incorporated by reference. |
| (h) |
The owner or operator of any hazardous
waste treatment, storage or disposal facility shall pay any costs or expenses
associated with public notices or notifications required by these rules
including, but not limited to, public notices or notifications relating to
permitting and closure activities. |
|
| (5) |
Issuance of Permit: A permit shall be
issued to an applicant on evidence satisfactory to the Director of compliance
with the provisions of the Act, any applicable standards or requirements and
these rules.
| (a) |
Any permit shall contain such
terms and conditions, including conditions requiring corrective action beyond
the facility boundary, as are deemed necessary by the Director to protect the
environment and the health of humans, and the Director may require such testing
and construction supervision as he deems necessary to protect the environment
and the health of humans. Any permit issued subsequent to November 8, 1984,
shall contain conditions requiring corrective action for any releases into the
environment of hazardous waste or hazardous constituents at the facility
seeking a permit, regardless of the time at which waste was placed at such
facility. |
| (b) |
Conditions Applicable
to all Permits: 270.30 is hereby incorporated by reference. |
| (c) |
Establishing Permit Conditions: 270.32 is
hereby incorporated by reference. |
| (d) |
Schedules of Compliance: 270.33 is hereby
incorporated by reference. |
| (e) |
Requirements for Recording and Reporting of Monitoring Results: 270.31 is
hereby incorporated by reference. |
| (f) |
Effect of a Permit: 270.4 is hereby
incorporated by reference. |
| (g) |
Draft Permits: 124.6, 124.6 and 124.6 are hereby incorporated by
reference. |
| (h) |
Fact Sheet: 124.7
and 124.8 are hereby incorporated by reference. |
|
| (6) |
Denial of Permit: In the event of denial
of a permit application, the Director shall send written notice of such action
to the applicant and shall set forth in such notice the reason for the action.
The denial of any permit by the Director shall become final unless a petition
for hearing in accordance with O.C.G.A.
12-8-73 is filed.
| (a) |
124.6 is hereby incorporated by
reference. |
| (b) |
270.29 is hereby
incorporated by reference. |
|
| (7) |
Amendment, Modification, Revocation or
Suspension of Permit:
| (a) |
The Director may
amend, modify, suspend or revoke any permit issued for cause, including but not
limited to the following:
| 1. |
Violation of any
condition or provision of such permit or failure to comply with any final order
of the Director; |
| 2. |
Failure to
comply with the Act or these rules; |
| 3. |
Obtaining a permit by misrepresentation or
failure to disclose fully all relevant facts; or |
| 4. |
When the permitted facility poses a threat
to the environment or the health of humans. |
|
| (b) |
In the event of amendment, modification,
suspension or revocation of any permit, the Director shall serve written notice
of such action on the permit holder and shall set forth in such notice the
reason for such action. |
| (c) |
Modification, Revocation, Reissuance, or Termination of Permits: 270.41, 270.43
and 40 C.F.R.
124.5, are hereby incorporated by
reference. |
| (d) |
Permit Modification
at the Request of Permittee: 270.42 and
40 C.F.R.
124.5 are hereby incorporated by
reference. |
|
| (8) |
Transfer
of Permits: Permits are not transferable from one person to another or from one
site or facility to another unless such transfer is approved by the Director.
| (a) |
270.40 is hereby incorporated by
reference. |
|
| (9) |
Duration
of Permit: A permit shall be effective for a fixed term not to exceed 10 years.
| (a) |
Each permit for a land disposal facility
shall be reviewed by the Director five years after the date of permit issuance
or reissuance and shall be modified as necessary to assure that the facility
continues to comply with the currently applicable requirements of these
rules. |
|
| (10) |
Special Forms
of Permits: 270.60 - 270.63, 270.65, 270.66, 270.68 and 270.79-270.230, are
hereby incorporated by reference. |
| (11) |
Noncompliance and Program Reporting by
the Director: 270.5 is hereby incorporated by reference. |
| (12) |
Definitions Applicable to RCRA Permits:
Definitions of words or terms applicable to RCRA permits as defined in 270.2
are hereby incorporated by reference. |
| (13) |
References: 270.6 and 270.66 are hereby
incorporated by reference. |
| (1) |
The
Director or his authorized representative, upon presentation of his
credentials, shall have a right to enter upon, to or through premises of
persons subject to this Act, or premises whereon a violation of the Act or
rules and regulations is reasonably believed to be occurring or is reasonably
believed to be about to occur, to investigate, take samples, copy all records
relating to hazardous wastes, and inspect for compliance with the requirements
imposed under the Act or the rules and regulations or to determine whether such
a violation or threatened violation exists, in accordance with the following
purposes:
| (a) |
for the purpose of determining
whether any person subject to the requirements of the Act is in compliance with
these rules; |
| (b) |
for the purpose of
investigating conditions relating to hazardous waste management or hazardous
waste management practices where the Director is in possession of information
sufficient to form a reasonable belief that a violation of the Act or these
rules is occurring or is about to occur; or |
| (c) |
for the purpose of determining whether
there has been a violation of any of the provisions of the Act, or these rules,
or any permit or order issued pursuant to the Act and these rules. |
|
| (2) |
In the event any person does
not consent to an inspection or investigation, the Director or his authorized
representative may seek to obtain a warrant authorizing the inspection or
investigation pursuant to O.C.G.A. 12-2-2(d). |
| (3) |
Each such inspection or investigation
shall be commenced and completed with reasonable promptness. If the Director or
his authorized representatives obtain any samples prior to leaving the
premises, he or they shall give to the owner, operator, or agent in charge a
receipt describing the sample obtained and, if requested, a portion of each
sample equal in volume or weight to the portion retained. If any analysis is
made of such samples, a copy of the results of such analysis shall be furnished
promptly to the owner, operator, or agent in charge. |
| (4) |
This Section of these rules shall be
construed so as to be consistent with 3007(a) of the Federal Act,
42 U.S.C.
6927(a). |
The administration and enforcement of these rules and
regulations shall be in accordance with the Georgia Hazardous Waste Management
Act, O.C.G.A. 12-8-60, et seq.; O.C.G.A. 12-2-1, et
seq.; and the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1,
et seq.
Interested persons may participate in the enforcement of the
Georgia Hazardous Waste Management Act and these rules pursuant to the
applicable provisions of the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60, et seq.; O.C.G.A. 12-2-1, et seq.;
the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et
seq.; the Georgia Civil Practice Act, O.C.G.A. 9-11-1, et
seq.; or any other applicable provision of Georgia
law.
| (1) |
The
Director shall make disclosure of records to the public within three working
days of receipt of a request for disclosure, if and to the extent the
requester:
| (a) |
Has filed a request in writing
with the Director; |
| (b) |
Has
requested records which are subject to the Georgia Open Records Act, O.C.G.A.
50-18-70, et seq.; and |
| (c) |
Has requested records that are not exempt
from disclosure pursuant to state law, O.C.G.A. 50-18-70, et
seq., and O.C.G.A. 12-8-78(a). |
|
| (2) |
No fee shall be charged for record
inspection. Reasonable fees for copying records may be charged in accordance
with procedures developed by the Director. |
| (3) |
If a request to inspect or copy records
is denied, the Director shall furnish to the requester in writing the basis for
the denial and a statement of the judicial remedies available to seek to obtain
the requested records. |
40 C.F.R. Part 268 is hereby incorporated by reference,
except for 40 C.F.R.
268.5,
268.6,
268.42(b), and
268.44(a)-268.
44(g), which will be implemented by the U.S. Environmental Protection
Agency.
| (1) |
40 C.F.R. Part 279 is hereby incorporated
by reference. |
| (2) |
Used oil
containers and tanks not stored indoors or within impervious secondary
containment systems specified by a Spill Prevention, Control, and
Countermeasures Plan developed in accordance with 40 CFR Part 112, must be kept
closed, except when it is necessary to add or remove used oil. |
40 C.F.R. Part 273 is hereby incorporated by
reference.
