Pub. 4 2015-2016 Issue 3

12 San Diego Dealer 90 -Day Storage Limit: Automobile dealerships gen- eratingmore than 1,000 kg of hazardous waste per monthmust dispose of hazardous waste within 90 days (otherwise the facility must obtain a storage permit, an arduous process). Almost all dealerships generate more than 1,000 kg (about 300 gallons) of used oil and used coolant per month and hence, must limit storage to 90 days. In the past, local enforcement agencies excluded used oil from these calculations so all dealers fell below the 1,000 kg/mo. level. The new law, SB 612, clarifies the fact that all hazardous waste generated at the facility are counted towards the 1,000 kg/mo. calculation. For facilities generating less than 1,000 kg/ mo. of hazardous waste (Federal Term: Small Quantity Generator), the maximum accumulation time is 180 days or 270 days if the waste must be transported more than 200 miles for treatment and disposal. In summary, eachhazardouswaste storage containermust have a proper date of accumulation marked on each container along with EPA required waste labeling and secondary containment requirements. The waste must be disposed of within 90 days of the start date. Almost all facilities have used oil pickup on a 30-day or more frequent cycle. However, other smaller waste streams, such as used coolant or contaminated fuel, are not on the radar screen. Dealers must ensure that these wastes are now on a 90-day pickup cycle through a licensed and registered hazardous waste hauler. Contact your hauler to set up a required pickup schedule immediately. Federal Exemption (Non-California Dealers): Used oil is not considered a hazardous waste under federal regulations and facilities with less than 100 kg/mo. of hazardous waste are classified as Conditionally Exempt Small Quantity Generator (CESQG). The dealers that fall in this CESQG category have no accumulation limit on hazardous wastes. Daily Inspection of Above Ground Tanks: All hazardous waste storage tanks must be inspected daily and a log must be maintained. Facilities with petroleum products storage exceeding 1,320 gallons (SPCC Plan required) must have all tanks inspected daily. The big question is if the tanks need to be inspected during weekends as well. The new CA law clarifies this requirement and states that the tanks need to be inspected a minimum of 5 days out of the week and during the weekends if they are being used. If the facility does not use the tanks on state or federal holidays, then the inspections are not required for those days. An inspection log is attached. New Enforcement: All hazardous waste storage tanks must have a structural assessment completed every 5 years through a licensed pro- fessional engineer. This is a decades old law finding new traction among regulators. Approximate cost is about $2,000 for two tanks. Exemption may be granted by the local fire department under certain conditions. Ref.: Senate Bill 612 (Jackson, D-Santa Barbara) & California Health and Safety Code OSHA PENALTIES Background: California has had serious penalties in place for OSHA violations. The Cal/OSHA enforcement staff visits facilities when there are serious violations or if a serious injury or fatality occurs. Minor complaints by disgruntled employees or others are handled routinely via correspondence. Programmed inspections occur for high hazard CAL-EPA REGULATIONS EFFECTIVE 1/1/16 By Sam Celly