6 Colo. Code Regs. § 1007-3-100.4.43
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-100.4.43 - ESTABLISHING PERMIT CONDITIONS FOR INDIVIDUAL PERMITS(a)General.(1) In addition to conditions required in all permits for the State hazardous waste program under § 100.42, the Director shall establish conditions in individual permits, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the State Hazardous Waste Act and these regulations. In satisfying this provision, the Director may incorporate applicable requirements of Parts 264 and 266 through 268 of these regulations directly into the permit or establish other permit conditions that are based on Parts 264 and 266 through 268. An applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in § 100.61. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.(2) Each permit issued under Part 100 of these regulations shall contain such terms and conditions as the Director determines necessary to protect human health and the environment.(b)Requirements for recording and reporting of monitoring results. All permits shall specify:(1) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);(2) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;(3) Applicable reporting requirements based upon the impact of the regulated activity and as specified in Parts 264 and 266 of these regulations. Reporting shall be no less frequent than specified in the above regulations.(c)Schedules of Compliance. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the State Hazardous Waste Act and these regulations. (1)Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible.(2)Interim dates. Except as provided in paragraph (d)(1)(ii) of this section, if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. (i) The time between interim dates shall not exceed 1 year.(ii) If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than 1 year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.* * Examples of interim requirements include:
(1) let a contract for construction of required facilities;(2) commence construction of required faculties;(3) complete construction of required facilities.(3)Reporting. A RCRA permit shall be written to require that no later than 14 days following such interim date and the final date of compliance, the permittee shall notify the Director in writing of its compliance or noncompliance with the interim or final requirements.(d)Alternative schedules of compliance. A RCRA permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and (1) for treatment and storage HWM facilities, closing pursuant to applicable requirements, and (2) for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements; and (3) by plugging and abandonment for UIC wells) rather than continue to operate and meet permit requirements as follows:(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued: (i) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or(ii) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.(2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements.(3) If the permittee is undecided whether to cease conducting regulated activities, the Director may issue or modify a permit to contain two schedules as follows: (i) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;(ii) One schedule shall lead to timely compliance with applicable requirements;(iii) The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements,(iv) Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under paragraph (d)(3)(i) of this section it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.(4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Director, such as a resolution of the board of directors of a corporation.(e)Variances. The Department in its discretion may grant a low hazard variance from a provision of these regulations based upon a determination that variations in Colorado such as climate, geology, or such other factors relevant to the management of hazardous waste minimize the risks of handling waste. No variance will be granted unless it is, at least, consistent with the purposes and requirements of these regulations, including protection of public health and the environment, equal to and as stringent in effect as that provided in these regulations, and will not cause a violation of any provision of C.R.S. 1973, 25-15-101et seq. or any other applicable law.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023