RCRA Operating Permit PAFB 15 Nov 2007.pdf

“More Protection, Less Process” www.dep.state.fl.us

Florida Department of Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

Charlie Crist Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

November 15, 2007

Sent Via Email Thomas.Thoben@Patrick.af.mil

Mr. William J. Gibson Deputy, Range/Base Civil Engineer Patrick Air Force Base 45th CES/CEV 1224 Jupiter Street; MS 9125 Patrick AFB, Florida 32925

SUBJECT: Patrick Air Force Base ID Number FL2 570 024 404 Operating Permit 0070733-002-HO Brevard County

Dear Mr. Gibson:

Enclosed is Permit Number 0070733-002-HO specifically for Hazardous Waste Storage Facility # 947 and Implementation of Corrective Action requirements. This permit is being issued pursuant to Section 403.722, Florida Statutes (F.S.), and Chapters 62-4, 62-160, 62-730, and 62- 780, Florida Administrative Code (F.A.C.).

This permit is final and effective ("issued") on the date filed with the Clerk of the Department.

When the permit is final, any party to the permit has the right to seek judicial review of the permit pursuant to Section 120.68, F.S., by the filing of a Notice to Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal.

The Notice of Appeal must be filed within thirty (30) days from the date the final permit is issued. If you should have any questions, or would like to discuss this matter, please contact Daniel Kuncicky at (850)245-8786 or Daniel.Kuncicky@dep.state.fl.us.

Sincerely, Tim J. Bahr, Administrator Hazardous Waste Regulation mailto:Thomas.Thoben@Patrick.af.mil

Mr. William J. Gibson November 15, 2007 Page Two

TJB/dmk cc with enclosure:

Jeff Pallas, EPA/Region 4, pallas.jeff@epamail.epa.gov Tom Lubozynski, DEP/Orlando, tom.lubozynski@dep.state.fl.us mailto:tom.lubozynski@dep.state.fl.us

Florida Department of Environmental Protection

Bob Martinez Center 2600 Blairstone Road

Tallahassee, Florida 32399-2400

Charlie Crist Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

More Protection, Less Process” www.dep.state.fl.us

PERMITTEE: I.D. NUMBER: FL2 570 024 404

PATRICK AIR FORCE BASE PERMIT/CERTIFICATION NUMBER: 0070733-002-HO

45th CES/CEV DATE OF ISSUE: NOVEMBER 15, 2007 1224 Jupiter Street; MS 9125 EXPIRATION DATE: June 3, 2012 Patrick AFB, Florida 32925 COUNTY: Brevard

ATTENTION: LATITUDE / LONGITUDE: 28 18’9.88”N/80 36’14.44”W

Mr. William J. Gibson, SECTION/TOWNSHIP/RANGE: S11/T26S/R37W Deputy, Range/Base Civil Engineer PROJECT: Hazardous Waste Storage Facility # 947 and

Implementation of Corrective Action requirements.

Pursuant to authorization obtained by the Florida Department of Environmental Protection (FDEP) under the Resource Recovery and Conservation Act [42 United States Code (U.S.C.) 6901, et seq., commonly known as RCRA] and the Hazardous and Solid Waste Amendments of 1984 (HSWA), this permit is issued under the provisions of Section 403.722, Florida Statutes (F.S.) and Chapters 62-4, 62-160, 62- 730, 62-777 and 62-780, Florida Administrative Code (F.A.C.). The above-named Permittee is hereby authorized to perform the work or operate the facility shown on the application dated October 11, 2006 and revised on April 13, 2007 and June 26, 2007, and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof. The RCRA-regulated units are specifically described as follows:

1. Operation of a hazardous waste storage building identified as Facility #947. Facility #947 is located on Patrick Air Force Base, Brevard County, Florida. Facility #947 will provide temporary storage for off-site disposal of solvents, corrosives (caustics and acids), metal wastes and other wastes generated by aircraft maintenance, transportation, Civil Engineering Shop, a printing plant, photo laboratory, as well as other support functions.

The facility will be an enclosed drum-storage unit designed for 4895 gallons or 89 drums maximum storage. Dimensions for the facility are 64'8''x 31'4''. In order to ensure continuity of concrete, the floor and curb were poured at the same time. The floor structure is 6'' reinforced concrete. Design is 3,000 psi compressive strength sufficient for forklift and light truck operations. The floor is coated with epoxy resin and is sloped from the center with both sides gravitating toward containment trenches (980 gallons total capacity).

The facility is also built 12'' above grade to prevent any run-on.

2. Site wide Corrective Action (CA) for the Solid Waste Management Units (SWMUs) and

Areas of Concern (AOCs). The Permittee shall, pursuant to this permit, be required to investigate any releases of hazardous waste or hazardous constituents at the facility, regardless of the time at which waste was placed in a unit, and to take appropriate corrective action which is protective of human health and the environment for any such releases. Corrective Action (CA) is required for SWMUs and AOCs as identified in Appendix A.

45 CES/CEV EXPIRATION DATE: June 3, 2012 1224 Jupiter Street; MS 9125 Patrick AFB, Florida 32925

The Permittee is required to investigate any releases of hazardous waste or hazardous constituents at the facility regardless of the time at which waste was placed in a unit and to take appropriate corrective action for any such releases. SWMU(s) and AOC(s) identified to date are listed in Appendix A.

Pursuant to 40 Code of Federal Regulations (CFR) 260.10 [as adopted by reference in Rule 62- 730.020(1)], the corrective action requirements of this RCRA permit extend to all contiguous property under the control of the Permittee (see Attachment A, a map which demarks the property boundaries of land under the Permittee’s control) and to all contamination that originated from discharges at the contiguous property under control of the Permittee.

This permit is based on the premise that information and reports submitted by the Permittee prior to issuance of this permit are accurate. Any inaccuracies found in this information or information submitted as required by this permit may be grounds for termination or modification of this permit in accordance with Rule 62-730.290, F.A.C and potential enforcement action.

Compliance with this RCRA permit constitutes compliance for purposes of enforcement with Subtitle C of RCRA, except for those requirements not included in the permit which become effective by statute; are promulgated under 40 CFR Part 268 restricting placement of hazardous waste in or on the land; or are promulgated under 40 CFR Part 264 regarding leak detection systems for new and replacement surface impoundments, waste piles, and landfill units, and lateral expansions of surface impoundments, waste piles, and landfill units, as specified in 40 CFR 270.4. Compliance with the terms of this permit does not constitute a defense to any order issued or any action brought under Section 3008(a), 3008(h), 3004(v), 3008(c), 3007, 3013 or Section 7003 of RCRA, Sections 104, 106(a), 106(e), or 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq., commonly known as CERCLA), or any other law providing for protection of public health or the environment.

The facility is located at Patrick AFB, Florida.

The following documents were used in the preparation of this permit:

1. Construction Permit HC05-188044 issued on May 1, 1991.

2. Operating Permit HO05-203485 issued on April 21, 1992.

3. Renewal Operating Application submitted on October 11, 1996.

4. Renewal Operating Application submitted on August 30, 2001.

5. Renewal Operation Application submitted on October 11, 2006.

6. Comments on Draft Permit dated June 26, 2006.

7. Full Spectrum Threat Response (FSTR) Plan 10-2, Volume II, Hazardous Material

(HAZMAT) Emergency Planning and Response March 2005, submitted July 12, 2007.

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Table of Contents

PART I - GENERAL AND STANDARD CONDITIONS

PART II - OPERATING CONDITIONS

Sub - Part II.A - Operating Requirements Sub - Part II.B - Standard Closure Requirements Sub - Part II.C - Contingent Corrective Action

PART III - POST-CLOSURE CONDITIONS

PART IV - ENVIRONMENTAL MONITORING CONDITIONS

PART V - GENERAL CORRECTIVE (REMEDIAL) ACTION CONDITIONS

PART VI – REMEDY SELECTION AND IMPLEMENTATION

APPENDIX A - SUMMARY OF FACILITY SITES (SOLID WASTE MANAGEMENT UNITS AND AREAS OF

CONCERN)

ATTACHMENT A - DESCRIPTION OF FACILITY

ATTACHMENT B – HAZARDOUS WASTE STORED AT FACILITY # 947

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PART I - GENERAL AND STANDARD CONDITIONS

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are “permit conditions” and are binding and enforceable pursuant to Sections 403.141 and 403.727, F.S. The Permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department.

3. As provided in Sections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit.

4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State.

Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

5. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the Permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

6. The Permittee shall properly operate and maintain the facility and systems of treatment and control

(and related appurtenances) that are installed and used by the Permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

7. The Permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

a. Have access to and copy any records that must be kept under conditions of the permit;

b. Inspect the facility, equipment, practices, or operations regulated or required under this permit;

and

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c. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated.

8. The Permittee shall comply with the following notification and reporting requirements:

a. Reports of compliance or noncompliance with, or any progress reports on, requirements in any compliance schedule shall be submitted no later than 14 days after each schedule date.

b. If, for any reason, the Permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the Permittee shall immediately provide the Department with the following information:

(1). A description of and cause of noncompliance; and

(2). The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The Permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

c. Notification of any noncompliance which may endanger health or the environment, including the release of any hazardous waste that may endanger public drinking water supplies or the occurrence of a fire or explosion from the facility which could threaten the environment or human health outside the facility, shall be reported verbally to the Department within 24 hours, and a written report shall be provided within five days. The verbal report shall include the name, address, I.D. number, and telephone number of the facility, its owner or operator, the name and quantity of materials involved, the extent of any injuries, an assessment of actual or potential hazards, and the estimated quantity and disposition of recovered material. The written submission shall contain:

(1). A description and cause of the noncompliance.

(2). If not corrected, the expected time of correction, and the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

d. Permittee shall comply with the “Notices” provisions of Rule 62-780.220, F.A.C.

e. The Permittee shall give written notice to the Department as soon as possible of any planned physical alterations or additions, including Permittee-initiated emergency response or interim source removal. The notice shall include at a minimum, a summary of the planned change, the reason for the planned change, a discussion of the impact(s) the planned change will have on the ability to investigate contamination at or from the SWMU or AOC, and a discussion of the impact(s) the planned change will have on the known or suspected contamination.

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f. The Permittee shall revise "Part I - General" of the Application for a Hazardous Waste Facility Permit [DEP Form 62-730.900(2)(a)] and submit the revised form to the Department within 30 days of any changes in the Part I information.

g. Biennial report. A biennial report covering facility activities during the previous calendar year shall be submitted by March 1 of each even numbered year pursuant to Chapter 62-730, F.A.C.

h. Unmanifested waste report. The Permittee shall submit an unmanifested waste report to the

Department within 15 days of receipt of unmanifested waste.

i. Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the

Permittee shall attempt to rectify the discrepancy. If not resolved within 15 days after the waste is received, the Permittee shall immediately submit a letter report, including a copy of the manifest, to the Department.

9. In accepting this permit, the Permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is proscribed by Section 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. The Permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the Permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.

11. This permit is transferable only upon Department approval in accordance with Rules 62-4.120 and

62-730.290(6) F.A.C., as applicable. The Permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department. Before transferring ownership or operation of this facility during the term of this permit, the Permittee must notify the new owner or operator in writing of the requirements of 40 CFR Part 264 and Chapter 62-730, F.A.C. [40 CFR 264.12(c)].

12. This permit or a copy thereof shall be kept at the work site of the permitted activity. In the event that there is no building or reasonable repository for such a copy at the work site, then the permit or a copy thereof shall be kept at an alternate location agreed to by the Department.

13. This permit also constitutes:

a. Determination of Best Available Control Technology (BACT);

b. Determination of Prevention of Significant Deterioration (PSD);

c. Certification of compliance with state Water Quality Standards (Section 401, PL 92-500); and

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d. Compliance with New Source Performance Standards.

14. The Permittee shall comply with the following recordkeeping requirements:

a. Upon request, the Permittee shall furnish all records and plans required under Department rules.

During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department.

b. The Permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit; copies of all reports required by this permit; records of all data used to complete the application for this permit; and all monitoring data required by 40 CFR Part 264 Subparts F and G, and 40 CFR

264.228. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

c. Records of monitoring information shall include at a minimum:

(1). The date, exact place, and time of sampling or measurements;

(2). The person responsible for performing the sampling or measurements;

(3). The dates analyses were performed;

(4). The person responsible for performing the analyses;

(5). The analytical techniques or methods used; and

(6). The results of such analyses.

d. As a generator of hazardous waste, the Permittee shall retain a copy of all notices, certifications, demonstrations, waste analysis data, and other documentation produced pursuant to 40 CFR Part 268 for at least three years from the date that the waste which is the subject of such documentation was last sent to on-property or off-property treatment, storage, or disposal, or until remedial activity is completed, whichever date is later. These periods may be extended by request of the Department at any time and are automatically extended during the course of any unresolved enforcement action regarding this facility.

e. The Permittee shall keep a written operating record at the facility, which includes:

(1). The results of any waste analysis;

(2). Copies of manifests for three years (40 CFR 264.71, 264.72 and 264.76);

(3). The results of inspections;

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(4). The closure plan, postclosure plan, and corrective measures (remedial action) plans for each applicable SWMU and AOC, along with cost estimates for each plan;

(5). Inspections of emergency and safety equipment (Specific Condition 27 of this Part);

(6). Biennial reports;

(7). Personnel training records (Part II – Specific Condition 2.);

(8). The Waste Minimization Program Plan;

(9). Biennial certification of waste minimization;

(10). The description and quantity of each hazardous waste [received/generated];

(11). The location of each hazardous waste within the facility and the quantity at location;

(12). Notices to generators as specified in 40 CFR 264.12(b);

(13). A log of dates of operations and unusual events; and

(14). A summary report and details of incidents that require implementation of the contingency plan.

15. When requested by the Department, the Permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the Permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

16. Except as otherwise specifically provided in this permit, all submittals in response to permit conditions shall be as follows:

a. One hard and one electronic copy of the operation of RCRA units shall be sent to:

Environmental Administrator Hazardous Waste Regulation Section M.S. 4560 Bureau of Solid and Hazardous Waste Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400

b. One copy of submissions for site clean up activities shall be sent to:

Administrator, Federal Facilities Group M.S. 4535 Bureau of Waste Cleanup

45 CES/CEV EXPIRATION DATE: June 3, 2012

Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400

17. All documents submitted pursuant to the conditions of this permit shall be accompanied by a cover letter stating the name and date of the document submitted, the number(s) of the Specific Condition(s) affected, and the permit number and project name of the permit involved. All documents proposing modifications to the approved permit and involving the practice of engineering must be submitted to the Department for review and be signed, sealed, and certified by a Professional Engineer registered in the State of Florida, in accordance with Chapter 471, F.S. and Rule 62-730.220(9), F.A.C. All submittals incorporating interpretation of geological data shall be signed and sealed by a Professional Geologist registered in the State of Florida in accordance with Chapter 492, F.S. and Rule 62-730.220(10), F.A.C.

18. All reports or information required by the Department or provided by a hazardous waste Permittee shall be signed by a person authorized to sign a permit application.

19. The Department of Environmental Protection’s 24-hour emergency telephone number is (850) 413-

9911 or (800) 320-0519. During normal business hours, the DEP District Office may be contacted at

(407) 894-7555.

20. The following conditions apply to permit modification and revocation of this permit:

a. The Department may modify, revoke, reissue or terminate for cause this permit in accordance with Chapters 62-4 and 62-730, F.A.C. The filing of a request for a permit modification, revocation, reissuance, or termination or the notification of planned changes or anticipated noncompliance on the part of the Permittee does not stay the applicability or enforceability of any permit condition. The Permittee may submit any subsequent modifications to the Department for approval. These revisions shall meet the requirements of Rule 62-730.293, F.A.C. The Permittee shall submit the revisions to the addresses in Condition 16 of this Part. The Permittee shall submit a copy of the cover letter accompanying the revisions and the fee to:

Florida Department of Environmental Protection Post Office Box 3070 Tallahassee, Florida 32315-3070

The modification fee may also be submitted electronically. However, if Permittee intends to submit the modification fee electronically, Permittee shall obtain instructions from the Department on how to submit the renewal fee electronically PRIOR to attempting such submittal and shall follow such instructions in making the electronic fee submittal.

b. If at any time the Department or the Permittee determines that modification of required time frames are necessary, the permit may be modified to reflect the change(s), with Department approval. If the Department determines that steps or dates in the permit may be changed, combined or streamlined without modification of the permit, it may do so with the concurrence of the Permittee following the guidance of the most recent RCRA reforms.

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c. For any task included in the Department-approved Corrective Action Management Plan (CAMP) schedule, the schedule in the CAMP takes precedence over the schedule of compliance provided in this permit or Chapter 62-780, F.A.C. If at any time the Department determines that a requested update to the permit schedule of compliance is appropriate, the CAMP schedule shall be updated to reflect the approved changes. Once the Department has approved the update, the updated CAMP schedule shall replace the existing CAMP schedule and take precedence over the schedule of compliance provided in this permit or Chapter 62-780, F.A.C.

21. Prior to 180 calendar days before the expiration of this permit, the Permittee shall submit a complete application for the renewal of the permit on forms and in a manner prescribed by the Department unless postclosure care and all corrective action have been completed and accepted by the Department. If the Permittee allows this permit to expire prior to Department acceptance of the certification of postclosure and termination of all corrective action, the Permittee must reapply for a postclosure permit in accordance with DEP Form 62-730.900(2), F.A.C. The Permittee shall submit the renewal to the addresses in Specific Condition 16 of this Part. The Permittee shall submit one copy of the cover letter accompanying the renewal and the fee to:

Florida Department of Environmental Protection Post Office Box 3070 Tallahassee, Florida 32315-3070

The renewal fee may also be submitted electronically. However, if Permittee intends to submit the renewal fee electronically, Permittee shall obtain instructions from the Department on how to submit the renewal fee electronically PRIOR to attempting such submittal and shall follow such instructions in making the electronic fee submittal.

22. If Patrick AFB intends to transfer parcels in whole, in part or in combination thereof to third parties in the foreseeable future. In accordance with the minor modification requirements of Rule 62- 730.290(4), FAC, the Permittee may drop a parcel from the Facility covered by this permit, so long as the parcel never contained a SWMU or an AOC, or so long as any contamination associated with the SWMU or AOC has been addressed to the satisfaction of the Department. A parcel of the property may be sold with certain legal restrictions upon the future use and/or remedial activity requirements. For those SWMUs or AOCs with Department approved interim or permanent Land Use Controls (LUCs), the Permittee may utilize the notification criteria and procedures set forth in the LUC Memorandum of Agreement (MOA) executed between the Permittee, the Department and U.S. EPA, for so long as that agreement remains in effect.

23. Even though a parcel is no longer defined as part of the facility in the permit modification, in the unanticipated and improbable event that a contaminated SWMU or AOC is found on the parcel, and such contamination resulted from activities which occurred prior to the sale, Patrick AFB will be responsible for any corrective action.

24. The Permittee shall comply with those sections of 40 CFR Part 124 specified in Rule 62-730.200(3), F.A.C., 40 CFR Parts 260 through 268, and 40 CFR Part 270 as adopted in Chapter 62-730, F.A.C., until released from postclosure care requirements and all facility-wide corrective action requirements.

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25. The Permittee shall comply with the security provisions of 40 CFR 264.14 and the facility security provisions of the March 19, 1996 permit application.

26. This facility is a suspected or confirmed contaminated facility where there may be a risk of exposure to the public, and therefore, the Permittee must comply with the warning sign requirements of Section 403.7255, F.S., and Rule 62-730.225(3), F.A.C. Deviations from these signage standards may be specifically negotiated with the FDEP RPM. The Permittee is responsible for supplying, installing and maintaining the warning signs.

27. The Permittee shall visually inspect the facility emergency and safety equipment in accordance with

40 CFR 264.15 and section on preparedness and prevention of the permit application dated March 19, 1996, during permitted activities. The Permittee shall remedy any deterioration or malfunction discovered by an inspection, in accordance with the requirements of 40 CFR 264.15(c). A schedule for the inspection of the facility emergency and safety equipment must be maintained as the operating record of the facility. Changes, additions, or deletions to the schedule must be approved in writing by the Department.

28. The Permittee shall comply with the following conditions concerning preparedness and prevention:

a. At a minimum, the Permittee shall have the equipment available at the facility which are described in the section on preparedness and prevention of the permit application dated March 19, 1996, as required by 40 CFR 264.32.

b. The Permittee shall test and maintain the equipment specified in General and Standard Conditions

27 and 28.a of this Part as necessary to assure its proper operation in time of emergency, as required by 40 CFR 264.33.

c. The Permittee shall maintain access to the communications or alarm system, as required by 40

CFR 264.34.

d. The Permittee shall maintain arrangements with State and local authorities as required by 40 CFR

264.37. If State or local officials refuse to enter into preparedness and prevention arrangements with the Permittee, the Permittee must document this refusal in the operating record.

e. At a minimum, the Permittee shall maintain aisle space as required by 40 CFR 264.35.

29. The conditions in this permit shall take precedence over the permit application documents where there are differences between these documents and the permit conditions.

30. The Permittee may claim confidential any information required to be submitted by this permit in accordance with Rule 62-730.100(3), F.A.C.

31. All work plans, reports and schedules and other documents (“submittals”) required by this permit are subject to approval by the Department prior to implementation. The Department will review the submittals and respond in writing. Upon written approval by the Department, the Permittee shall implement all work plans, reports and schedules as provided in the approved submittal. If the Department disapproves a submittal, the Department may:

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a. Notify the Permittee in writing of the reason(s) why the submittal does not contain information adequate to support the conclusion, alternative, plan, proposal or recommendation, or why the conclusion, alternative, plan, proposal or recommendation is not supported by the applicable criteria. In this case the Permittee shall submit a revised submittal within 60 days of receipt of the Department’s disapproval; or

b. Revise the submittal, or approve the submittal with conditions, and notify the Permittee of the revisions or conditions. In the case of work plans, the Department may notify the Permittee of the start date of the schedule within the revised or conditionally approved work plan.

32. Any dispute resolution will be conducted in accordance with Chapter 120, F.S. (Administrative

Procedures Act), Chapter 28-106, F.A.C. and the Department’s existing rules and procedures.

33. The following conditions apply to land disposal (placement) of hazardous wastes:

a. 40 CFR Part 268 identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be placed on or in a land treatment, storage, or disposal unit. The Permittee shall maintain compliance with the requirements of 40 CFR Part 268. Where the Permittee has applied for an extension, waiver, or variance under 40 CFR Part 268, the Permittee shall comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached pending final approval of such application.

b. A restricted waste identified in 40 CFR Part 268 Subpart C may not be placed in a land disposal unit without further treatment unless the requirements of 40 CFR Part 268 Subparts C and/or D are met.

c. The storage of hazardous wastes restricted from land disposal under 40 CFR Part 268 is prohibited unless the requirements of 40 CFR Part 268 Subpart E are met.

34. The Permittee shall implement remedial activities beyond the facility boundary where necessary to protect human health and the environment, unless the Permittee demonstrates to the satisfaction of the Department that, despite the Permittee’s best efforts, as determined by the Department, the

Permittee was unable to obtain the necessary permission to undertake such actions. The Permittee shall use all reasonable efforts, including but not limited to correspondence, telephone calls, personal contacts, drafting and redrafting agreements, and payment of a fee, to obtain any access to real property necessary for work to be performed in the implementation of this permit. If necessary access cannot be obtained by the Permittee, or if obtained, is revoked by owners or entities controlling access to the properties to which access is necessary, the Permittee shall notify the Department within five business days of such refusal or revocation. The Department may at any time thereafter seek to obtain such access as is necessary to implement the terms of this permit. The Permittee shall reimburse the Department for any damages, costs, or expenses, including expert and attorneys’ fees, that the Department is ordered to pay, or that the Department incurs in connection with its efforts to obtain necessary access to said property. The Permittee shall pay these sums to the Department, or arrange a payment schedule with the Department, within 30 days of demand by the Department. The Permittee is not relieved of all responsibility to clean up a release that has

45 CES/CEV EXPIRATION DATE: June 3, 2012 migrated beyond the facility boundary where off-property access is denied. On-site measures to address such releases will be determined on a case-by-case basis.

PART II - OPERATING CONDITIONS

1. The Permittee shall notify the Department in writing four weeks prior to receipt of hazardous waste from a foreign source. Notice of subsequent shipments of the same waste from the same foreign source is not required. [40 CFR 264.12(a)]

2. Facility personnel must successfully complete the approved training program indicated in the permit application dated March 19, 1996, within six (6) months of employment or assignment to a facility or to a new position at the facility. Verification of this training must be kept with the personnel training records and maintained at the facility. Personnel shall not work unsupervised until training has been completed. The training must be reviewed by facility personnel at least annually. The Permittee shall maintain an updated list of personnel handling hazardous waste and their respective job titles at the facility [40 CFR 264.16].

3. The Permittee shall maintain and operate the facility to minimize the possibility of fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

4. The Contingency Plan must be reviewed periodically and immediately amended and distributed to the appropriate agencies if any criteria in 40 CFR 264.54 are met. Amendments to the plan must be approved in writing by the Department.

5. The Permittee shall comply with the following conditions concerning the Contingency Plan:

a. The Permittee shall immediately carry out the provisions of the Contingency Plan in Full

Spectrum Threat Response (FSTR) Plan 10-2, Volume II, Hazardous Material (HAZMAT) Emergency Planning and Response, dated March 2005, and follow the emergency procedures described by 40 CFR 264.56, whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which threatens or could threaten human health or the environment.

The Permittee shall give proper notification if an emergency situation arises and, within five calendar days, must submit to the Department a written report which includes all information required in 40 CFR 264.56(j).

b. The Permittee shall comply with the requirements of 40 CFR 264.53.

c. Within seven calendar days of meeting any criterion listed in 40 CFR 264.54(a), (b) and (c), the

Permittee shall amend the plan and submit the amended plan for Department approval. Any other changes to the plan must be submitted to the Department within seven days of the change. All amended plans must be distributed to the appropriate agencies.

d. The Permittee shall comply with the requirements of 40 CFR 264.55, concerning the emergency coordinator.

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6. Sampling and analysis of permitted and new hazardous wastes shall be conducted in accordance with the Waste Analysis Plan of the permit application (40 CFR 264.13).

7. The Permittee shall comply with 40 CFR 264.73(b)(9) and Section 3005(h) of RCRA, 42 U.S.C.

6925(h). The Permittee must certify, no less often than annually, that:

a. The Permittee has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree determined by the Permittee to be economically practicable;

b. The proposed method of treatment, storage or disposal is the most practicable method available to the Permittee, which minimizes the present and future threat to human health and the environment; and

c. The Permittee shall maintain copies of certification in the facility operating record as required by

40 CFR 264.73(b)(9).

8. In addition to the copies sent to the Hazardous Waste Regulation Section in Tallahassee, one copy of all submittals in response to permit conditions in this Part shall be sent to the district office at:

Hazardous Waste Supervisor Department of Environmental Protection Suite 232 3319 Maguire Boulevard Orlando, Florida 32803-3767

SUB - PART II.A - OPERATING REQUIREMENTS

1. The Permittee shall maintain and operate the storage facility in accordance with the applicable hazardous waste rules and regulations to minimize the possibility of a fire, explosion, or any unplanned, sudden or non-sudden release of hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

2. The Permittee shall store hazardous waste drums grouped according to their compatibility, as outlined in the permit application.

3. The Permittee shall only store the hazardous waste listed in Attachment B of this Permit.

4. The maximum amount of hazardous waste stored in container storage Facility #947 shall not exceed eighty-nine (89) 55-gallon drums, or 4895 gallons.

5. Per 40 CFR 264.177(a), and (b), incompatible waste shall not be stored in containers or placed in unwashed containers that have previously held an incompatible waste.

6. Per 40 CFR 264.177(a), and (b), incompatible waste shall not be stored in containers or placed in unwashed containers that have previously held an incompatible waste.

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7. Per 40 CFR 264.177(c), a storage container holding a hazardous waste which is incompatible with any waste or other materials stored nearby in other containers, must be separated from the other materials or protected from them by means of a dike, wall, berm or other device.

8. Per 40 CFR 264.174, the Permittee shall inspect the drum storage area at least weekly, or in accordance with the schedule and procedures specified in the permit application, whichever is more frequent.

9. The Permittee shall have signs designating the storage segregation in the permitted areas as outlined in the permit application.

10. Per 40 CFR 264.176, the Permittee shall comply with the 15 meters (50 feet) setback rule concerning the storage of ignitable and reactive wastes in containers.

SUB - PART II.B - STANDARD CLOSURE REQUIREMENTS

1. The Permittee shall close the Facility #947 in a manner that minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous waste constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the groundwater, surface waters, or to the atmosphere [40 CFR 264.111(b)].

2. The Permittee shall manage all hazardous wastes, residues, sludges, spilled or leaked waste, or contaminated liquids and soils removed during closure of the unit in accordance with the applicable provisions of 40 CFR Parts 260 through 268, including the manifest requirements. A copy of each manifest required as a result of closure activities shall be submitted to the Department with the Closure Certification.

3. In accordance with the requirements of 40 CFR 264.112(a), the Permittee shall keep a copy of the

Closure Plan and all revisions to the plan until closure is completed, certified in accordance with 40 CFR 264.115, and accepted by the Department. Any changes or revisions to the approved Closure Plan must meet the requirements of 40 CFR 264.112(c) and Rule 62-4.050, F.A.C.

4. The Permittee must complete physical closure activities in accordance with the Closure Schedule in

Operating Permit Application of the permit application October 11, 1996. Any changes in the time allowed for closure of the units after approval shall require prior Department approval (40 CFR 264.113).

5. The Permittee shall decontaminate or dispose of all equipment, structures, and residues used during or resulting from the closure activities as required by 40 CFR 264.114.

6. Within sixty (60) calendar days of the completion of closure, the Permittee shall submit to the

Department, by certified mail or hand delivery, a report signed by the Permittee and an independent Professional Engineer, registered in the State of Florida, stating that the storage unit has been closed in compliance with the Closure Plan and the specific conditions of this permit (40 CFR 264.115).

The Closure Certification must be based on the Professional Engineer's own observation and knowledge of the closure activities. The Closure Certification must include, but not be limited to, the following:

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a. Sampling data to verify clean closure;

b. Decontamination data;

c. Closure activities log;

d. Copies of manifests for removal of all hazardous wastes; and

e. Groundwater monitoring data summary.

7. Thirty (30) calendar days before closure activates, the Permittee shall prepare and submit a closure checklist with schedule date and completed column to document the progress of closure. Upon Department approval, the checklist shall be maintained and updated by the Permittee throughout the closure period, with copies submitted monthly to the Department. Each report must be submitted to the Department by the tenth (10th) day of each month for the preceding month until the acceptance of physical closure by the Department. Any deviation from schedule or described tasks shall be fully documented on the checklist.

8. All sampling and analytical procedures shall be done in accordance with the July 1995 Quality

Assurance Project Plan and approved by the Department. The Permittee shall revise the Quality Assurance Project Plan in accordance with Chapter 62-160(6)(d), F.A.C., whenever there is a change in sampling and/or analytical procedures, including personnel or laboratory. The revised plan or revisions must be submitted to the Department for approval within thirty (30) days of such changes.

9. The Permittee shall provide opportunities for site inspections by the Department by informing the

Department at least seven (7) calendar days in advance of any physical closure activity (e.g., soil sampling, soil removal, etc.).

10. The Permittee shall notify the Department within seven (7) calendar days of the determination that actions undertaken as part of closure or associated monitoring programs no longer satisfy the requirements set forth in this permit. If the Department determines that a modification of the permit is required, the Permittee shall, within sixty (60) calendar days, submit an application for a permit modification in accordance with Rules 62-730.290 and 62-4.050, F.A.C.

SUB - PART II.C - CONTINGENT CORRECTIVE ACTION

1. If the clean closure demonstration for any unit is not accepted by the Department, the Permittee shall make application to the Department, within one hundred eighty (180) calendar days, for a major modification to the permit which includes a corrective action plan, including a groundwater monitoring program.

2. Within thirty (30) calendar days after the system trial run has been completed and before the corrective action program begins, the Permittee shall submit to the Department, by certified mail or hand delivery, a letter signed by the Permittee and a Professional Engineer registered in the State of Florida stating that the groundwater treatment system has been constructed in compliance with the permit where appropriate. The Permittee shall not commence the corrective action of contaminated

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3. After the corrective action plan has been approved, the Permittee shall implement the groundwater monitoring program to demonstrate the effectiveness of the corrective action program [40 CFR 264.100(d)] and submit to the Department a quarterly report on the effectiveness of the corrective action program in accordance with 40 CFR 264.100(g). The quarterly reports on the effectiveness of the Corrective Action, at minimum, must contain the following:

a. A narrative summary on the effectiveness of the corrective action plan;

b. Any minor revision or adjustments to the corrective action system or corrective action plan;

c. Any proposed modifications to the postclosure plan;

d. Graphical summary of groundwater quality data showing the most common contaminants and those most difficult to treat;

e. Water elevation, drawdown data and contour maps for the previous six (6) months;

f. Completed inspection logs.

4. The Permittee shall ensure that the Corrective Action Program will function as designed in the

Corrective Action Plan. If the Permittee or Department determines that the Corrective Action Plan no longer satisfies the requirements of 40 CFR 264.100, the Permittee must, within ninety (90) calendar days, submit a permit modification to make any appropriate changes to the program [40 CFR 264.100(h)]. Any measures taken to meet this condition shall be reported in the semiannual report required by Specific Condition 3 of this Part.

5. The Permittee shall ensure that groundwater monitoring and corrective action measures necessary to achieve compliance with 40 CFR 264.100 are taken during the Compliance Period. The Compliance Period began May 1, 1991 and ends when the Department accepts Certification of Closure.

6. The Permittee must continue corrective action measures throughout the Compliance Period to the extent necessary to ensure that the Groundwater Protection Standard is not exceeded. If the Permittee is conducting corrective action at the end of the Compliance Period, the Permittee shall continue that corrective action until groundwater monitoring data demonstrate that the Groundwater Protection Standard has not been exceeded for a period of three (3) consecutive years.

7. If corrective action is terminated prior to the completion of the closure care period, this permit shall be modified to address at a minimum, semi-annual groundwater monitoring throughout the remainder of the closure care period.

8. The corrective action program set forth in 40 CFR 264.100 shall extend beyond the facility's property boundary [Rule 62-730.180(4)(b), F.A.C.] if contaminants have migrated onto adjacent property.

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9. The Permittee shall use all reasonable efforts, including but not limited to correspondence, telephone calls, personal contacts, drafting and redrafting agreements, and payment of a fee, to obtain any access to real property necessary for work to be performed in the implementation of this Permit. If necessary access cannot be obtained by the Permittee, or if obtained, is revoked by owners or entities controlling access to the properties to which access is necessary, the Permittee shall notify the Department within five (5) business days of such refusal or revocation. The Department may at any time thereafter seek to obtain such access as is necessary to implement the terms of this permit. The Permittee shall reimburse the Department for any damages, costs, or expenses, including expert and attorneys’ fees, that the Department is ordered to pay, or that the Department incurs in connection with its efforts to obtain necessary access to said property.