7 Del. Admin. Code § 1302-122-A-122.3

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-A-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)

7 Del. Admin. Code § 1302-122-A-122.3