25123.3
. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Liquid hazardous waste" means a hazardous waste that meets
the definition of free liquids, as specified in Section 66260.10 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1994.
(2) "Remediation waste staging" means the temporary accumulation
of non-RCRA contaminated soil that is generated and held onsite, and
that is accumulated for the purpose of onsite treatment pursuant to a
certified, authorized, or permitted treatment method, such as a
transportable treatment unit, if all of the following requirements
are met:
(A) The hazardous waste being accumulated does not contain free
liquids.
(B) The hazardous waste is accumulated on an impermeable surface,
such as high density polyethylene (HDPE) of at least 20 mils that is
supported by a foundation, or high density polyethylene of at least
60 mils that is not supported by a foundation.
(C) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(D) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(E) The staging area is certified by a registered engineer for
compliance with the standards specified in subparagraphs (A) to (D),
inclusive.
(3) "Transfer facility" means any offsite facility that is related
to the transportation of hazardous waste, including, but not limited
to, loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
(b) "Storage facility" means a hazardous waste facility at which
the hazardous waste meets any of the following requirements:
(1) The hazardous waste is held for greater than 90 days at an
onsite facility. The department may establish criteria and procedures
to extend that 90-day period, consistent with the federal act, and
to prescribe the manner in which the hazardous waste may be held if
not otherwise prescribed by statute.
(2) The hazardous waste is held for any period of time at an
offsite facility that is not a transfer facility.
(3) (A) Except as provided in subparagraph (B), the waste is held
at a transfer facility and any one of the following apply:
(i) The transfer facility is located in an area zoned residential
by the local planning authority.
(ii) The transfer facility commences initial operations on or
after January 1, 2005, at a site located within 500 feet of a
structure identified in paragraphs (1) to (5), inclusive, of
subdivision (c) of Section 25227.
(iii) The hazardous waste is held for a period greater than six
days at a transfer facility located in an area that is not zoned
industrial or agricultural by the local planning authority.
(iv) The hazardous waste is held for a period greater than 10 days
at a transfer facility located in an area zoned industrial or
agricultural by the local planning authority.
(v) The hazardous waste is held for a period greater than six days
at a transfer facility that commenced initial operations before
January 1, 2005, is located in an area zoned agricultural by the
local planning authority, and is located within 500 feet of a
structure identified in paragraphs (1) to (5), inclusive, of
subdivision (c) of Section 25227.
(B) (i) Notwithstanding subparagraph (A), a transfer facility
located in an area that is not zoned residential by the local
planning authority is not a storage facility, if the only hazardous
waste held at the transfer facility is hazardous waste that is
generated as a result of an emergency release and that hazardous
waste is collected and temporarily stored by emergency rescue
personnel, as defined in Section 25501, or by a response action
contractor upon the request of emergency rescue personnel or the
response action contractor, and the holding of that hazardous waste
is approved by the department.
(ii) For purposes of this subparagraph, "response action
contractor" means any person who enters into a contract with the
department to take removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) in response to a release or
threatened release, including any subcontractors of the response
action contractor.
(4) (A) Except as provided in subparagraph (B), the hazardous
waste is held onsite for any period of time, unless the hazardous
waste is held in a container, tank, drip pad, or containment building
pursuant to regulations adopted by the department.
(B) Notwithstanding subparagraph (A), a generator that accumulates
hazardous waste generated and held onsite for 90 days or less for
offsite transportation is not a storage facility if all of the
following requirements are met:
(i) The waste is non-RCRA contaminated soil.
(ii) The hazardous waste being accumulated does not contain free
liquids.
(iii) The hazardous waste is accumulated on an impermeable
surface, such as high density polyethylene (HDPE) of at least 20 mils
that is supported by a foundation, or high density polyethylene of
at least 60 mils that is not supported by a foundation.
(iv) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(v) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(vi) The generator, after final offsite transportation, inspects
the accumulation site for contamination and remediates as necessary.
(vii) The site is certified by a registered engineer for
compliance with the standards specified in clauses (i) to (vi),
inclusive.
(5) The hazardous waste is held at a transfer facility at any
location for any period of time in a manner other than in a
container.
(6) The hazardous waste is held at a transfer facility at any
location for any period of time and handling occurs. For purposes of
this paragraph, "handling" does not include the transfer of packaged
or containerized hazardous waste from one vehicle to another.
(c) The time period for calculating the 90-day period for purposes
of paragraph (1) of subdivision (b), or the 180-day or 270-day
period for purposes of subdivision (h), begins when the facility has
accumulated 100 kilograms of hazardous waste or one kilogram of
extremely hazardous waste or acutely hazardous waste. However, if the
facility generates more than 100 kilograms of hazardous waste or one
kilogram of extremely hazardous waste or acutely hazardous waste
during any calendar month, the time period begins when any amount of
hazardous waste first begins to accumulate in that month.
(d) Notwithstanding paragraph (1) of subdivision (b), a generator
of hazardous waste that accumulates waste onsite is not a storage
facility if all of the following requirements are met:
(1) The generator accumulates a maximum of 55 gallons of hazardous
waste, one quart of acutely hazardous waste, or one quart of
extremely hazardous waste at an initial accumulation point that is at
or near the area where the waste is generated and that is under the
control of the operator of the process generating the waste.
(2) The generator accumulates the waste in containers other than
tanks.
(3) The generator does not hold the hazardous waste onsite without
a hazardous waste facilities permit or other grant of authorization
for a period of time longer than the shorter of the following time
periods:
(A) One year from the initial date of accumulation.
(B) Ninety days, or if subdivision (h) is applicable, 180 or 270
days, from the date that the quantity limitation specified in
paragraph (1) is reached.
(4) The generator labels any container used for the accumulation
of hazardous waste with the initial date of accumulation and with the
words "hazardous waste" or other words that identify the contents of
the container.
(5) Within three days of reaching any applicable quantity
limitation specified in paragraph (1), the generator labels the
container holding the accumulated hazardous waste with the date the
quantity limitation was reached and either transports the waste
offsite or holds the waste onsite and complies with either the
regulations adopted by the department establishing requirements for
generators subject to the time limit specified in paragraph (1) of
subdivision (b) or the requirements specified in paragraph (1) of
subdivision (h), whichever requirements are applicable.
(6) The generator complies with regulations adopted by the
department pertaining to the use and management of containers and any
other regulations adopted by the department to implement this
subdivision.
(e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b),
hazardous waste held for remediation waste staging shall not be
considered to be held at a hazardous waste storage facility if the
total accumulation period is one year or less from the date of the
initial placing of hazardous waste by the generator at the staging
site for onsite remediation, except that the department may grant one
six-month extension, upon a showing of reasonable cause by the
generator.
(2) (A) The generator shall submit a notification of plans to
store and treat hazardous waste onsite pursuant to paragraph (2) of
subdivision (a), in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant
to subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
(B) If, after the notification pursuant to subparagraph (A), or
during the initial year or the six-month extension granted by the
department, the generator determines that treatment cannot be
accomplished for all, or part of, the hazardous waste accumulated in
a remediation waste staging area, the generator shall immediately
notify the department and the appropriate local agency, pursuant to
subparagraph (A), that the treatment has been discontinued. The
generator shall then handle and dispose of the hazardous waste in
accordance with paragraph (4) of subdivision (b).
(C) A generator shall not hold hazardous waste for remediation
waste staging unless the generator can show, through laboratory
testing, bench scale testing, or other documentation, that soil held
for remediation waste staging is potentially treatable. Any fines and
penalties imposed for a violation of this subparagraph may be
imposed beginning with the 91st day that the hazardous waste was
initially accumulated.
(3) Once an onsite treatment operation is completed on hazardous
waste held pursuant to paragraph (1), the generator shall inspect the
staging area for contamination and remediate as necessary.
(f) Notwithstanding any other provision of this chapter,
remediation waste staging and the holding of non-RCRA contaminated
soil for offsite transportation in accordance with paragraph (4) of
subdivision (b) shall not be considered to be disposal or land
disposal of hazardous waste.
(g) A generator who holds hazardous waste for remediation waste
staging pursuant to paragraph (2) of subdivision (a) or who holds
hazardous waste onsite for offsite transportation pursuant to
paragraph (4) of subdivision (b) shall maintain records onsite that
demonstrate compliance with this section related to storing hazardous
waste for remediation waste staging or related to holding hazardous
waste onsite for offsite transportation, as applicable. The records
maintained pursuant to this subdivision shall be available for review
by a public agency authorized pursuant to Section 25180 or 25185.
(h) (1) Notwithstanding paragraph (1) of subdivision (b), a
generator of less than 1,000 kilograms of hazardous waste in any
calendar month who accumulates hazardous waste onsite for 180 days or
less, or 270 days or less if the generator transports the generator'
s own waste, or offers the generator's waste for transportation, over
a distance of 200 miles or more, for offsite treatment, storage, or
disposal, is not a storage facility if all of the following apply:
(A) The quantity of hazardous waste accumulated onsite never
exceeds 6,000 kilograms.
(B) The generator complies with the requirements of subdivisions
(d), (e), and (f) of Section 262.34 of Title 40 of the Code of
Federal Regulations.
(C) The generator does not hold acutely hazardous waste or
extremely hazardous waste in an amount greater than one kilogram for
a time period longer than that specified in paragraph (1) of
subdivision (b).
(2) A generator meeting the requirements of paragraph (1) who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the facility to which the generator's waste
is submitted, within 60 days from the date that the hazardous waste
was accepted by the initial transporter, shall submit to the
department a legible copy of the manifest, with some indication that
the generator has not received confirmation of delivery.
(i) The department may adopt regulations that set forth additional
restrictions and enforceable management standards that protect human
health and the environment and that apply to persons holding
hazardous waste at a transfer facility. A regulation adopted pursuant
to this subdivision shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare, and may be
adopted as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.