SECTION 252:205-15-2. Development and Operations Plan

(a)   Plan required. No person may construct or operate a hazardous waste Transfer Station without a Plan approved by DEQ.

(1)   Duration of approvals. Plan approvals shall expire ten (10) years from the date of approval, except that approved Plans existing on the effective date of these rules shall expire 18 months after the effective date of these rules. Approved Plans existing on the effective date of these rules may be renewed in accordance with 252:205-15-2(a)(2).

(2)   Plan renewals. A renewal application must be submitted to DEQ no less than 180 days prior to the expiration date of an existing Plan.

(A)   The renewal application must contain all information identified in 252:205-15-2(b) through 15-2(d).

(B)   The conditions of an expired Plan shall continue in force until the effective date of a new Plan if the owner/operator has submitted a timely and complete renewal application and DEQ, through no fault of the owner/operator, has not approved a new Plan with an effective date on or before the expiration of the previous Plan.

(b)   Content. The owner/operator of a Transfer Station shall identify and discuss all of the hazardous wastes which may be managed at the Transfer Station and the handling of any solid wastes or other wastes claimed by the owner/operator to be unregulated or exempt. The following shall be submitted:

(1)   Engineering plans for the construction design and a detailed description of all buildings, ramps, on-site roads, waste transfer and holding areas, and equipment used on-site;

(2)   A description of all proposed Transfer Station handling activities for any hazardous waste, solid waste, or other wastes claimed to be unregulated or exempt, including:

(A)   estimations of waste holding capacities;

(B)   description of wastes, tanks and containers;

(C)   hours of operation;

(D)   waste transfer and bulking procedures including associated compatibility analyses;

(E)   provisions to assure that solid wastes destined for disposal in non-hazardous waste facilities are not co-mingled with hazardous waste;

(F)   provisions to assure that hazardous wastes subject to the ten (10) day storage restriction of 40 CFR 263.12 will not be stored or otherwise managed with hazardous wastes that are not subject to the 10-day restriction, solid wastes, or other wastes claimed to be unregulated or exempt;

(G)   truck and equipment cleaning and decontamination procedures; and

(H)   procedures to ensure that no waste remains on site for longer than one year from the date it is received.

(3)   A description of all safety, training and security provisions identified in 40 CFR 264.14 through 264.17;

(4)   A preparedness and prevention plan and a contingency plan that meets the requirements of 40 CFR 264, Subparts C and D;

(5)   A description of spill control, containment, and remediation measures;

(6)   A description of waste transfer and unloading activities which demonstrates that those activities are limited to areas with adequate secondary containment structures that prevent releases to soil, surface water or groundwater; and

(7)   Information on closure and mechanisms to meet the financial assurance and liability requirements of 40 CFR 264, Subparts G and H.

(c)   Applicable solid waste regulations. The owner/operator of a hazardous waste Transfer Station which handles solid waste destined for management at a solid waste facility must also demonstrate compliance with applicable rules in 252:515, including location standards, if the Plan is to be used in lieu of a solid waste permit.

(d)   Waste consolidation. If the owner/operator consolidates hazardous wastes such that the quantity of consolidated waste exceeds the quantity provisions of 40 CFR 262.17(a), the owner/operator of the Transfer Station shall be considered the generator of the newly-regulated waste and must comply with the applicable provisions of 40 CFR 262.17(a).

[Source: Added at 16 Ok Reg 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 23 Ok Reg 931, eff 6-15-06; Amended at 33 Ok Reg 1463, eff 9-15-16; Amended at 35 Ok Reg 1284, eff 9-14-18]