Section 25143.9 Of Article 4. Listings From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 4.
25143.9
. A recyclable material shall not be excluded from
classification as a waste pursuant to subdivision (b) or (d) of
Section 25143.2, unless all of the following requirements are met:
(a) If the material is held in a container or tank, the container
or tank is labeled, marked, and placarded in accordance with the
department's hazardous waste labeling, marking, and placarding
requirements which are applicable to generators, except that the
container or tank shall be labeled or marked clearly with the words
"Excluded Recyclable Material" instead of the words "Hazardous Waste,"
and manifest document numbers are not applicable. If the material is
used oil, the containers, aboveground tanks, and fill pipes used to
transfer oil into underground storage tanks shall also be labeled or
clearly marked with the words "Used Oil".
(b) The owner or operator of the business location where the
material is located has a business plan that meets the requirements
of Section 25504, including, but not limited to, emergency response
plans and procedures, as described in subdivision (b) of Section
25504, which specifically address the material or that meet the
department's emergency response and contingency requirements which
are applicable to generators of hazardous waste.
(c) The material shall be stored and handled in accordance with
all local ordinances and codes, including, but not limited to, fire
codes, governing the storage and handling of the hazardous material.
If a local jurisdiction does not have an ordinance or code regulating
the storage of the material, including, but not limited to, an
ordinance or code requiring secondary containment for hazardous
material storage areas, the material shall be stored in tanks, waste
piles, or containers meeting the department's interim status
regulations establishing design standards applicable to tanks, waste
piles, or containers storing hazardous waste.
(d) If the material is being exported to a foreign country, the
person exporting the material shall meet the requirements of Section
25162.1.