Section 66273.77 - Closure of Universal Waste Treatment Facilities(a) Closure notification. A universal waste handler who intends to close a universal waste treatment facility or any universal waste treatment unit, including universal waste units that also treat residual printed circuit boards that have been determined to be exempt scrap metal pursuant to section 66273.71, subsection (e), section 66273.72, subsection (a)(3), or section 66273.75, subsection (c)(1)(C), and who conducts any of the treatment activities described in section 66273.73, subsection (a)(2), (b), or (c), shall:
(1) Submit to the Department in the manner and at the address given in subsections (c) and (d) of this section, a notification containing the following information: (A) The date of the last day on which the universal waste handler intends to conduct the treatment activities specified in section 66273.73, subsection (a)(2), (b), or (c);(B) The date of the last day on which the universal waste handler intends to conduct handling activities other than the treatment activities specified in section 66273.73, subsection (a)(2), (b), or (c) at the facility, if applicable; and(C) The date the universal waste handler intends to complete the closure activities described in the handler's closure plan and/or, if applicable, vacate the facility.(2) Submit the required notification to the Department within 30 calendar days before the earliest applicable date specified pursuant to subsection (a)(1) of this section.(b) Department response to closure notification. (1) Upon receipt of the closure notification, the Department shall notify the universal waste handler in writing whether the universal waste handler is required to continue to maintain financial assurance for closure of the facility. The Department shall send such notification within 60 calendar days after completion of the later of the following:(A) Receipt by the Department of a summary of closure activities completed by the universal waste handler, including both of the following: 1. Any sample data submitted by the universal waste handler confirming that all units, surfaces, and areas have been decontaminated. The submittal shall include a facility plot plan that identifies where the samples were taken.2. A letter from the universal waste handler that provides self-certification that the facility has been closed pursuant to the universal waste handler's closure plan required by section 66273.76, subsection (a)(1). The letter shall include the date(s) when the applicable events described in subsections (a)(1) through (a)(2) above actually occurred; or(B) A facility inspection report, if issued by the Department, verifying closure of the facility pursuant to the universal waste handler's closure plan required by section 66273.76, subsection (a)(1).(2) If, based on the information obtained pursuant to subsection (b)(1) of this section, the Department finds that closure of the facility has not been completed in accordance with the universal waste handler's closure plan, the Department shall provide to the universal waste handler in writing, a detailed written statement setting forth: (A) the Department's reason(s) for that finding; and(B) the Department's request for additional information to be provided by the universal waste handler to demonstrate that the closure activities necessary to close the facility pursuant to the universal waste handler's closure plan, as submitted pursuant to section 66273.76, have been completed.(c) The documents submitted pursuant to this section shall be dated, signed, and certified according to the requirements of section 66270.11, subsections (a) and (d) as those requirements apply to permit applications and permit-application certifications, respectively.(d) When submitted to the Department, documents required pursuant to this section shall be sent by certified mail, return receipt requested, to the following address: Department of Toxic Substances Control, Universal Waste Notification and Reporting Staff, P.O. Box 806, Sacramento, CA 95812-0806, with the words "Attention: Universal Waste Handling Activities" prominently displayed on the front of the envelope.Cal. Code Regs. Tit. 22, § 66273.77
1. New section filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).
2. Amendment of subsections (a) and (a)(1)(A)-(B) and amendment of NOTE filed 9-28-2020; operative 1-1-2021 (Register 2020, No. 40). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20. Note: Authority cited: Sections 25141, 25150, 25201, 25214.9, 25219.1, 25259 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.9, 25219, 25219.1, 25219.2 and 25259, Health and Safety Code.
1. New section filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).
2. Amendment of subsections (a) and (a)(1)(A)-(B) and amendment of Note filed 9-28-2020; operative 1/1/2021 (Register 2020, No. 40). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.