Section 25143.10 Of Article 4. Listings From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 4.
25143.10
. (a) Except as provided in subdivisions (e) and (f), any
person who recycles more than 100 kilograms per month of recyclable
material under a claim that the material qualifies for exclusion or
exemption pursuant to Section 25143.2 shall, on or before July 1,
1992, and every two years thereafter, provide to the local officer or
agency authorized to enforce this section pursuant to subdivision
(a) of Section 25180, all of the following information, using the
format established pursuant to subdivision (d), in writing:
(1) The name, site address, mailing address, and telephone number
of the owner or operator of any facility that recycles the material.
(2) The name and address of the generator of the recyclable
material.
(3) Documentation that the requirements of any exemptions or
exclusions pursuant to Section 25143.2 are met, including, but not
limited to, all of the following:
(A) Where a person who recycles the material is not the same
person who generated the recyclable material, documentation that
there is a known market for disposition of the recyclable material
and any products manufactured from the recyclable material.
(B) Where the basis for the exclusion is that the recyclable
material is used or reused to make a product or as a safe and
effective substitute for a commercial product, a general description
of the material and products, identification of the constituents or
group of constituents, and their approximate concentrations, that
would render the material or product hazardous under the regulations
adopted pursuant to Sections 25140 and 25141, if it were a waste, and
the means by which the material is beneficially used.
(b) Except as provided in Section 25404.5, the governing body of a
city or county may adopt an ordinance or resolution pursuant to
Section 101325 to pay for the actual expenses of the activities
carried out by local officers or agencies pursuant to subdivision
(a).
(c) If a person who recycles material under a claim that the
material qualifies for exclusion or exemption pursuant to Section
25143.2 is not the same person who generated the recyclable material,
the person who recycles the material shall, on or before July 1,
1992, and every two years thereafter, provide a copy of the
information required to be submitted pursuant to subdivision (a) to
the generator of the recyclable material.
(d) The person providing the information required by subdivision
(a) shall use a format developed by the California Conference of
Directors of Environmental Health in consultation with the
department. The department shall distribute the format to local
officers and agencies authorized to enforce this section pursuant to
subdivision (a) of Section 25180.
(e) A recyclable material generated in a product or raw material
storage tank, a product or raw material transport vehicle or vessel,
a product or raw material pipeline, or in a manufacturing process
unit or an associated nonwaste treatment manufacturing unit is not
subject to the requirements of this section, until the recyclable
material exits the unit in which it was generated, unless the unit is
a surface impoundment, or unless the material remains in the unit
for more than 90 days after the unit ceases to be operated for
manufacturing, storage, or transportation of the product or raw
material.
(f) A local officer or agency authorized to enforce this section
pursuant to subdivision (a) of Section 25180 may exempt from
subdivision (a) any person who operates antifreeze recycling units or
solvent distillation units, where the recycled material is returned
to productive use at the site of generation, or may require less
information than that required under subdivision (a) from the person.