(1) The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-3.1 provides otherwise.

(1) The owner or operator of a facility that has arranged to receive hazardous waste from a source outside of the United States must notify the department in writing at least four weeks in advance of the date on which the first shipment of the hazardous waste is expected to arrive at the facility. The owner or operator of a facility that has arranged to receive hazardous waste from an OECD country, as defined in section 372.5(h)(1) of this Title must also notify the EPA regional administer in writing at least four weeks in advance of the date on which the first shipment of the hazardous waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.

(2) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator, in writing, of the requirements of this Subpart and Subpart 373-1 of this Part.

(1)

(2) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which will be carried out to comply with paragraph (1) of this subdivision. This plan must be kept at the facility. At a minimum, the plan must specify:

(3) For offsite facilities, the waste analysis plan required in paragraph (2) of this subdivision must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(1) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of a facility, unless:

(2) Unless the owner or operator has made a successful demonstration under subparagraphs (1)(i) and (ii) of this subdivision, a facility must have:

(3) Unless exempt under subparagraphs (1)(i) and (ii) of this subdivision, a sign with the legend, “Danger—Unauthorized Personnel Keep Out,” must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility (e.g., facilities in counties bordering the Canadian Province of Quebec must post signs in French), and must be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

(1) The owner or operator must inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to:

(2)

(3) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals, on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(4) The owner or operator must record inspection in an inspection log or summary. The owner or operator must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

(1)

(2) Facility personnel must successfully complete the program required in paragraph (1) of this subdivision within six months after the date of their employment or an assignment to a facility, or to a new position at a facility. Employees must not work in unsupervised positions until they have completed the training requirements of paragraph (1) of this subdivision.

(3) Facility personnel must take part in an annual review of the initial training required in paragraph (1) of this subdivision.

(4) The owner or operator must maintain the following documents and records at the facility:

(5) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

(1) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction, including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(2) Where specifically required by other sections of this Subpart, the treatment, storage or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(1) CQA program.

(2) Written CQA plan. Before construction begins on a unit subject to the CQA program under paragraph (1) of this subdivision, the owner or operator must develop a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:

(3) Contents of program.

(4) Certification. The owner or operator of units subject to this subdivision must submit to the commissioner, by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of section 373-3.11(i)(1), 373-3.12(h), or 373-3.14(j)(1) of this Subpart. The owner or operator may receive waste in the unit after 30 days from the commissioner's receipt of the CQA certification unless the commissioner determines in writing that the construction is not acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer's certification must be furnished to the commissioner upon request.