Article 5. Standards of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 5.
(a) The department shall adopt, and revise when appropriate,
standards and regulations for the management of hazardous wastes to
protect against hazards to the public health, to domestic livestock,
to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building Standards
Commission, the Office of Environmental Health Hazard Assessment, and
the California Integrated Waste Management Board.
The requirements in Sections 25290.1, 25290.2, 25291, and
25292 apply to the construction, operation, maintenance, monitoring,
and testing of underground storage tanks, as defined in subdivision
(y) of Section 25281, that are required to obtain hazardous waste
facilities permits from the department. The department shall adopt
regulations implementing the requirements of Sections 25290.1,
25290.2, 25291, and 25292, for regulating the construction,
operation, maintenance, monitoring, and testing of underground
storage tanks used for the storage of hazardous wastes that are
necessary to protect against hazards to the public health, domestic
livestock, wildlife, or the environment.
(a) The department shall adopt regulations, consistent
with federal law, concerning the transportation of hazardous waste
from this state across international boundaries. These regulations
shall include, but are not limited to, both of the following:
(1) All applicable federal regulations adopted pursuant to the
Resource Conservation and Recovery Act of 1976, as amended, (42
U.S.C. Sec. 6901 et seq.).
(2) Procedures to carry out Section 25160 for the purpose of
monitoring international transboundary shipments of hazardous waste.
(b) The department shall adopt procedures for the purpose of
receiving information collected by the Environmental Protection
Agency pursuant to Section 262.50 of Title 40 of the Code of Federal
Regulations concerning the transportation of hazardous waste across
international boundaries.
The department shall adopt emergency regulations pursuant
to Section 11346.1 of the Government Code which ensure protection for
the public and the environment concerning hazardous waste held or
handled at transfer facilities.
Not later than July 1, 1994, the administrator for oil
spill response in the Department of Fish and Game and the Director of
Toxic Substances Control shall jointly develop a preincident process
for the handling and transport of materials used or recovered during
an oil spill response. The preincident process shall ensure, through
advance approvals or other suitable advance procedures, that
materials can be expeditiously removed from cleanup areas consistent
with existing law. The process shall provide for, but not be limited
to, all of the following:
(a) Transport of materials to destinations where they may be
utilized in the manufacture of petroleum or other products.
(b) Transport of materials to locations which have already been
permitted for hazardous waste storage, treatment, transfer, resource
recovery, or disposal so that material categorization and destination
can be expeditiously determined.
(c) Transport of recyclable materials to appropriate locations in
a timely manner.
(d) Preapproved procedures for the temporary storage of materials.
On or before July 1, 1995, the department shall revise any
standard or regulation it has adopted that requires the preparation
of a contingency plan, as that term is defined in Section 66260.10 of
Title 22 of the California Code of Regulations, to allow the person
preparing the contingency plan to use the format adopted pursuant to
Section 25503.4, if that person elects to use that format.
Any regulation that was adopted prior to January 1, 2008,
pursuant to former Section 25150.6, exempting a hazardous waste
management activity from one or more of the requirements of this
chapter, shall remain valid unless repealed.
(a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section does not set a precedent
applicable to the management, including disposal, of other hazardous
wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood, and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that, solely
due to the presence of a preservative in the wood, is a hazardous
waste and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood
waste shall be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued pursuant to Division
7 (commencing with Section 13000) of the Water Code for discharges
of designated waste, as defined in Section 13173 of the Water Code,
or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill before disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided by regulations adopted pursuant to subdivision
(f).
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall not be discharged to
that landfill unit until corrective action results in cessation of
the release.
(e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point type, or larger, and contain
the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
/_/ Avoid contact with skin. Wear gloves and long sleeved shirts
when working with treated wood. Wash exposed areas thoroughly with
mild soap and water after working with treated wood.
/_/ Wear a dust mask when machining any wood to reduce the
inhalation of wood dusts. Avoid frequent or prolonged inhalation of
sawdust from treated wood. Machining operations should be performed
outdoors whenever possible to avoid indoor accumulations of airborne
sawdust.
/_/ Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
/_/ If preservative or sawdust accumulates on clothes, launder
before reuse. Wash work clothes separately from other household
clothing.
/_/ Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
/_/ Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
/_/ Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
/_/ Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
/_/ Do not use treated wood for mulch.
/_/ Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to the Internet Web site
http://www.preservedwood.org and download the free Treated Wood Guide
mobile application.
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking, and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractors' State
License Board's available listings, and license application packages.
The department may provide guidance to the wood preserving industry,
to the extent resources permit.
(f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and Recovery,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed to prevent, to the extent
practical, releases of hazardous constituents to the environment,
prevent scavenging, and prevent harmful exposure of people, including
workers and children, aquatic life, and animals to hazardous
chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(g) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (f) or
with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
(h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
(i) This section does not limit the authority or responsibility of
the department to adopt regulations under any other law.
(j) (1) On or before January 1, 2018, the department shall
prepare, post on its Internet Web site, and provide to the
appropriate policy committees of the Legislature, a comprehensive
report on the compliance with, and implementation of, this section.
The report shall include, but not be limited to, all of the
following:
(A) Data, and evaluation of that data, on the rates of compliance
with this section and injuries associated with handling treated wood
waste based on department inspections of treated wood waste generator
sites and treated wood waste disposal facilities. To gather data to
perform the required evaluation, the department shall do all of the
following:
(i) The department shall inspect representative treated wood waste
generator sites and treated wood waste disposal facilities, which
shall not to be less than 25 percent of each.
(ii) The department shall survey and otherwise seek information on
how households are currently handling, transporting, and disposing
of treated wood waste, including available information from household
hazardous waste collection facilities, solid waste transfer
facilities, solid waste disposal facility load check programs, and
CUPAs.
(iii) The department shall, by survey or otherwise, seek data to
determine whether sufficient information and convenient collection
and disposal options are available to household generators of treated
wood waste.
(B) An evaluation of the adequacy of protective measures taken in
tracking, handling, and disposing of treated wood waste.
(C) Data regarding the unauthorized disposal of treated wood waste
at disposal facilities that have not been approved for that
disposal.
(D) Conclusions regarding the handling of treated wood waste.
(E) Recommendations for changes to the handling of treated wood
waste to ensure the protection of public health and the environment.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2022, pursuant to Section
10231.5 of the Government Code.
(k) This section shall become inoperative on December 31, 2020,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
If treated wood waste is accepted by a solid waste
landfill that manages and disposes of the treated wood waste in
accordance with Section 25143.1.5 or paragraphs (1) and (2) of
subdivision (d) of Section 25150.7, the treated wood waste, upon
acceptance by the solid waste landfill, shall thereafter be deemed to
be a solid waste, and not a hazardous waste, for purposes of this
chapter and Section 40191 of the Public Resources Code.
(a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
operation of metal shredding facilities, and the generation and
management of wastes generated by metal shredding facilities. The
Legislature further declares that this section does not set a
precedent applicable to the management, including disposal, of other
hazardous wastes.
(b) For purposes of this section, "metal shredding facility" means
an operation that uses a shredding technique to process end-of-life
vehicles, appliances, and other forms of scrap metal to facilitate
the separation and sorting of ferrous metals, nonferrous metals, and
other recyclable materials from nonrecyclable materials that are
components of the end-of-life vehicles, appliances, and other forms
of scrap metal. "Metal shredding facility" does not include a feeder
yard, a metal crusher, or a metal baler, if that facility does not
otherwise conduct metal shredding operations.
(c) The department, in consultation with the Department of
Resources Recycling and Recovery, the State Water Resources Control
Board, and affected local air quality management districts, may adopt
regulations establishing management standards for metal shredding
facilities for hazardous waste management activities within the
department's jurisdiction as an alternative to the requirements
specified in this chapter and the regulations adopted pursuant to
this chapter, if the department does all of the following:
(1) Prepares an analysis of the activities to which the
alternative management standards will apply pursuant to subdivision
(d). The department shall first prepare the analysis as a preliminary
analysis and make it available to the public at the same time that
the department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt the alternative management
standards. The department shall include in the notice a statement
that the department has prepared a preliminary analysis and a
statement concerning where a copy of the preliminary analysis can be
obtained. The information in the preliminary analysis shall be
updated and the department shall make the analysis available to the
public as a final analysis not less than 10 working days before the
date that the regulation is adopted.
(2) Demonstrates at least one of the conclusions set forth in
paragraphs (1) to (4), inclusive, of subdivision (e).
(3) Imposes, as may be necessary, conditions and limitations as
part of the alternative management standards that ensure that the
hazardous waste management activity to which the alternative
management standards will apply will not pose a significant potential
hazard to human health or safety or to the environment.
(d) Before the department gives notice of a proposal to adopt the
alternative management standards pursuant to subdivision (c), and
before the department adopts the regulation, the department shall do
all of the following:
(1) Evaluate the operative environmental and public health
regulatory oversight of metal shredding facilities, identifying
activities that need to be addressed by the alternative management
standards, or other advisable regulatory or statutory changes.
(2) Evaluate the hazardous waste management activities.
(3) Prepare, as required by paragraph (1) of subdivision (c), an
analysis that addresses all of the following aspects of the activity,
to the extent that the alternative management standards can affect
these aspects of the activity:
(A) The types of hazardous waste and the estimated amounts of each
hazardous waste that are managed as part of the activity and the
hazards to human health or safety or to the environment posed by
reasonably foreseeable mismanagement of those hazardous wastes and
their hazardous constituents. The estimate of the amounts of each
hazardous waste that are managed as part of the activity shall be
based upon information reasonably available to the department.
(B) The complexity of the activity, and the amount and complexity
of operator training, equipment installation and maintenance, and
monitoring that are required to ensure that the activity is conducted
in a manner that safely and effectively manages each hazardous
waste.
(C) The chemical or physical hazards that are associated with the
activity and the degree to which those hazards are similar to, or
different from, the chemical or physical hazards that are associated
with the production processes that are carried out in the facilities
that produce the hazardous waste that is managed as part of the
activity.
(D) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous waste
streams as part of the activity, the likely consequences of those
accidents, and the reasonably available actual accident history
associated with the activity.
(E) The types of locations where hazardous waste management
activities associated with metal shredding and management of treated
metal shredder waste may be carried out and the types of hazards or
risks that may be posed by proximity to the land uses described in
Section 25227. The estimate of the number of locations where the
activity may be carried out shall be based upon information
reasonably available to the department.
(e) The department shall not give notice proposing the adoption
of, and the department shall not adopt, a regulation pursuant to
subdivision (c) unless it first demonstrates at least one of the
following, using the information developed in the analysis prepared
pursuant to subdivision (d) and any other information available to
the department:
(1) The requirements that the alternative management standards
replace are not significant or important in either of the following
situations:
(A) Preventing or mitigating potential hazards to human health or
safety or to the environment posed by the activity.
(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.
(2) A requirement is imposed and enforced by another public agency
that provides protection of human health and safety and the
environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, that the
alternative management standards replace.
(3) Conditions or limitations imposed as part of the alternative
management standards will provide protection of human health and
safety and the environment equivalent to the requirement, or
requirements, that the alternative management standards replace.
(4) Conditions or limitations imposed as part of the alternative
management standards accomplish the same regulatory purpose as the
requirement, or requirements, that the alternative management
standards replace, but at less cost or with greater administrative
convenience, and without increasing potential risks to human health
or safety or to the environment.
(f) The department shall not adopt alternative management
standards pursuant to this section if those standards are less
stringent than the standards that would otherwise apply under the
federal act.
(g) Nothing in the alternative management standards authorized by
this section is intended to duplicate or conflict with other laws,
rules, or regulations adopted by other state agencies or affected
local air quality management districts. The department shall, as much
as possible, align the alternative management standards with the
laws, rules, and regulations of other state agencies or affected
local air quality management districts.
(h) The owner or operator of a metal shredding facility, or solid
waste disposal facility that has accepted treated metal shredder
waste, that may be subject to the alternative management standards
shall provide to the department all information and data determined
by the department to be relevant to the evaluation and preparation of
the analysis required by subparagraphs (A) to (E), inclusive, of
paragraph (3) of subdivision (d).
(i) The alternative management standards adopted by the department
pursuant to this section may, to the extent it is consistent with
the standards that would otherwise apply under the federal act, allow
for treated metal shredder waste to be classified and managed as
nonhazardous waste, provided that the analysis prepared pursuant to
subdivision (d) demonstrates that classification and management as
hazardous waste is not necessary to prevent or mitigate potential
hazards to human health or safety or to the environment posed by the
treated metal shredder waste.
(j) (1) The disposal of treated metal shredder waste shall be
regulated pursuant to this chapter and the regulations adopted
pursuant to this chapter, unless alternative management standards are
adopted by the department pursuant to this section.
(2) If the alternative management standards adopted by the
department pursuant to this section result in treated metal shredder
waste being classified as nonhazardous waste, the material may be
managed in either of the following manners:
(A) It may be used at a unit described in subparagraph (B) as
alternative daily cover or for beneficial reuse pursuant to Section
41781.3 of the Public Resources Code and the regulations adopted to
implement that section.
(B) It may be placed in a unit that meets the waste discharge
requirements issued pursuant to Division 7 (commencing with Section
13000) of the Water Code that allow for discharges of designated
waste, as defined in Section 13173 of the Water Code, or of treated
metal shredder waste.
(3) This section does not limit the disposal or use of treated
metal shredder waste as alternative daily cover pursuant to Section
41781.3 of the Public Resources Code and the regulations adopted to
implement that section, or for other authorized beneficial uses if
that disposal or use is at a facility meeting the requirements of
subparagraph (B) of paragraph (2), is made under the authority of the
hazardous waste determinations governing metal shredder waste issued
by the department before January 1, 2014, and is made before the
department does either of the following:
(A) Rescinds, in accordance with applicable law, the conditional
nonhazardous waste classifications issued pursuant to subdivision (f)
of Section 66260.200 of Title 22 of the California Code of
Regulations with regard to treated metal shredder waste.
(B) Completes the adoption of alternative management standards
pursuant to this section.
(k) The department shall complete the analysis described in
paragraph (1) of subdivision (c) and subsequent regulatory action
before January 1, 2018. All hazardous waste classifications and
policies, procedures, or guidance issued by the department before
January 1, 2014, governing or related to the generation, treatment,
and management of metal shredder waste or treated metal shredder
waste shall be inoperative and have no further effect on January 1,
2018, if the department completes its analysis pursuant to
subdivision (c) and takes one of the following actions:
(1) Rescinds the conditional nonhazardous waste classifications
issued pursuant to subdivision (f) of Section 66260.200 of Title 22
of the California Code of Regulations with regard to that waste.
(2) Adopts alternative management standards pursuant to this
section.
(l) The authority of the department to adopt original regulations
pursuant to this section shall remain in effect only until January 1,
2018, unless a later enacted statute, which is enacted before
January 1, 2018, deletes or extends that date. This subdivision does
not invalidate any regulation adopted pursuant to this section before
the expiration of the department's authority.
(m) A regulation adopted pursuant to this section on or before
January 1, 2018, shall continue in force and effect after that date,
until repealed or revised by the department.
(a) The department is authorized to collect an annual fee
from all metal shredding facilities that are subject to the
requirements of this chapter or to the alternative management
standards adopted pursuant to Section 25150.82. The department shall
establish and adopt regulations necessary to administer this fee and
to establish a fee schedule that is set at a rate sufficient to
reimburse the department's costs to implement this chapter as
applicable to metal shredder facilities. The fee schedule established
by the department may be updated periodically as necessary and shall
provide for the assessment of no more than the reasonable and
necessary costs of the department to implement this chapter, as
applicable to metal shredder facilities.
(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant to this
section shall be deposited into the subaccount and be available for
expenditure by the department upon appropriation by the Legislature.
(c) A regulation adopted pursuant to this section 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, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, an emergency regulation adopted by
the department pursuant to this section shall be filed with, but not
be repealed by, the Office of Administrative Law and shall remain in
effect for a period of two years or until revised by the department,
whichever occurs sooner.
(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following fees
as the fees pertain to metal shredding activities and the generation,
handling, management, transportation, and disposal of metal shredder
waste:
(A) A fee imposed pursuant to subdivision (a) or (d) of Section
25205.7.
(B) A disposal fee imposed pursuant to Section 25174.1.
(C) A facility fee imposed pursuant to Section 25205.2.
(D) A generator fee imposed pursuant to Section 25205.5.
(E) A transportable treatment unit fee imposed pursuant to Section
25205.14.
(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal shredding
facility generates and handles.
Treated metal shredder waste that is managed in
accordance with the alternative management standards adopted by the
department pursuant to Section 25180.82 and that is accepted by a
solid waste landfill or other authorized location for disposal or for
use as alternative daily cover or other beneficial use shall
thereafter be deemed to be a solid waste for purposes of this chapter
and Section 40191 of the Public Resources Code.
The department may adopt varying regulations pursuant to
Section 25150, other than building standards for different areas of
the state depending on population density, climate, geology, types
and volumes of hazardous waste generated in the area, types of waste
treatment technology available in the area, and other factors
relevant to hazardous waste handling, processing, storing, recycling,
and disposal.
Before adopting building standards or adopting or revising
other standards and regulations for the handling, processing,
storing, use, recycling, and disposal of hazardous and extremely
hazardous wastes, the department shall hold at least one public
hearing in Sacramento, or in a city within the area of the state to
be affected by the proposed regulations. Except as provided in
Section 18930, the department shall adopt the proposed regulations
after making changes or additions that are appropriate in view of the
evidence and testimony presented at the public hearing or hearings.
(a) For purposes of this section, the following
definitions apply:
(1) "Unusual circumstances" means only the following:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
(C) The need to consult with another agency having a substantial
interest in the determination of whether to respond to the request.
(2) "Public records" means any public record, as defined in
Section 6252 of the Government Code, of the department relating to
this chapter, Chapter 6.7 (commencing with Section 25280), or Chapter
6.8 (commencing with Section 25300). "Public records" includes
unprinted information relating to this chapter, Chapter 6.7
(commencing with Section 25280), or Chapter 6.8 (commencing with
Section 25300) which is stored in data or word processing equipment
either owned by an employee and located on premises under control of
the department or owned by the department.
(b) Notwithstanding any other provision of law, the department
shall not limit the hours during the normal working day or limit the
number of working days during which public records are open for
inspection.
(c) Notwithstanding any other provision of law, the department
shall make public records which are not exempt from disclosure by
law, including Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code, promptly available to any
person, within the time limits specified in Section 6256 of the
Government Code, upon payment of a fee established by the department
to cover the direct costs of duplication, as specified in subdivision
(f). In addition, a person requesting copies by mail may be required
to pay the mailing costs.
If any portion of a record is exempt from disclosure, that part
which is not exempt shall be provided as prescribed in this section.
(d) Any person may request access to, or copies of, public records
of the department in person or by mail. A request shall reasonably
describe an identifiable record or information to be produced
therefrom.
(e) If the department determines that an unusual circumstance
exists, the department shall comply with the notification procedures
and the time limits specified in Section 6256.1 of the Government
Code.
(f) The department shall, upon request, provide any person with
the facts upon which it bases its determination of the direct costs
of copying for each page which is requested. The department shall not
impose a minimum fee for a copy of a public record which is greater
than its direct per page copying costs and the department shall not
impose limits on the types or amounts of public records which the
department will provide to persons requesting these records, upon
payment of any fees covering the direct costs of duplication by the
department.
(g) This section does not authorize the department, or any
employee of the department, to delay access for purposes of
inspecting or obtaining copies of public records, unless there are
unusual circumstances.
(h) Any denial of a request for records shall set forth in writing
the reasons for the denial and the names and titles or positions of
each person responsible for the denial. This written response shall
be provided to the requester within five working days of the denial.
The offsite storage, treatment, transportation, and disposal
of extremely hazardous waste is subject to the same requirements
specified in this chapter that are applicable to hazardous waste and
the department shall not require any special or additional permits
for the offsite handling or management of extremely hazardous waste.
(a) Any person generating or managing a RCRA hazardous
waste shall comply with subsection (a) of Section 3010 of the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
Sec. 6930(a)).
(b) Any person generating or managing a non-RCRA hazardous waste
shall comply with any notification requirements for non-RCRA
hazardous waste which the department adopts by regulation.
It shall be unlawful for any person to manage any hazardous
waste except as provided for in this chapter or regulations adopted
by the department pursuant to this chapter.
No extremely hazardous waste may be disposed of without
prior processing to remove its harmful properties or as specified by
the regulations of the department for the handling and disposal of
the particular extremely hazardous waste.
(a) The operator of a landfill, land farm, or surface
impoundment, which is used for disposing or treating hazardous waste
which contains volatile organic compounds in concentrations of more
than 1 percent by weight, shall do both of the following:
(1) Monitor air emissions from the facility and report the
monitoring results semiannually to the department.
(2) Unless the department adopts regulations specifying monitoring
procedures and requirements, comply with the regulations adopted by
the Environmental Protection Agency pursuant to Section 6924(n) of
Title 42 of the United States Code.
(b) If the operator makes the reports specified in paragraph (1)
of subdivision (a) and complies with the federal regulations
specified in paragraph (2) of subdivision (a), the operator is in
compliance with subdivision (a).
(a) The owner or operator of every commercial offsite
multiuser hazardous waste disposal facility shall develop a proposed
monitoring plan, in writing, for the monitoring of the ambient air
downwind and upwind from the facility. The plan shall include all of
the following:
(1) An identification of the constituents of hazardous wastes
accepted in the past and present which will be monitored. These
constituents shall be selected on the basis of pertinent factors,
which may include degree of toxicity, relative and absolute volume,
the potential for the constituent to volatilize or otherwise become
airborne, and the method by which the constituent is or was handled,
treated, and disposed.
(2) The type, procedures, and location of air sampling equipment
and the type and procedures of analytical equipment.
(3) The duration of each sampling period in hours, and the number
and time of sampling periods over a 12-month period.
(b) The proposed monitoring plan developed pursuant to subdivision
(a) shall be submitted to the department on or before October 1,
1987, and shall be updated as required by the department.
(c) The department, in consultation with the applicable air
pollution control district or air quality management district, shall
review and approve or require modification of the proposed monitoring
plan submitted pursuant to this section. The department shall
provide, in writing, a notice of any deficiencies in the plan to the
person who submitted the plan, who shall revise the plan to address
the noted deficiencies within 60 days after receiving the department'
s comments.
(d) If the department determines that a hazardous waste facility
which is required to develop a plan pursuant to subdivision (a) is
the source of a substance in the ambient air which poses a
significant threat to the public health or affects the quality of the
environment in such a way that could significantly threaten public
health, the department shall, pursuant to Section 25187, require the
facility operator to do both of the following:
(1) Develop a corrective action plan and submit the plan to the
department for approval or modification, within a schedule specified
by the department.
(2) Implement the corrective action plan, as approved by the
department, within the period specified by the department.
The department shall develop and adopt regulations and
standards to implement Article 11 (commencing with Section 25220),
including, but not limited to, regulations which specify appropriate
procedural requirements for the hearings conducted pursuant to that
article. The department shall seek recommendations of the hazardous
waste technical advisory committee on the wording of proposed
regulations.
Regulations adopted pursuant to this chapter may require the
treatment of extremely hazardous waste at the site of production
prior to any transportation, if the director determines that
treatment is necessary to provide safe transportation of the
extremely hazardous waste. No provision of this chapter shall be
construed to require disposal of hazardous waste at the site of
production, provided, that the transportation of the extremely
hazardous waste conforms to all applicable regulations.
(a) Except as provided in subdivision (f), any person
generating hazardous waste, or owning or operating a facility for the
treatment, storage, or disposal of hazardous waste, shall file with
the director, or the director's designee, on a form provided by the
director, or the director's designee, a hazardous waste notification
statement. An amended statement shall be filed with the department
whenever there has been a substantial change in the information
provided on the previously filed notification statement. A person
shall not generate, treat, store, or dispose of hazardous waste,
unless the person files a notification statement with the director
pursuant to this section, unless exempted pursuant to subdivision
(f).
(b) A hazardous waste notification statement shall include all of
the following information:
(1) The name and address of the person owning the facility or
conducting the activity specified in subdivision (a).
(2) The address and location of the activity or facility,
including the city and county.
(3) The name and 24-hour telephone number of the contact person in
the event of an emergency involving the facility or activity.
(4) The quantities of hazardous waste annually handled pursuant to
the activity or at the facility.
(5) A description of the hazardous waste activity being conducted,
such as generation, treatment, storage, or disposal.
(6) A general description of the hazardous waste being handled.
(c) The department shall prepare and distribute the hazardous
waste notification statement forms. The form shall include a
statement which clearly states who is required to file the form. The
form shall also include a statement that the form is not a substitute
for the federal notification required by the Environmental
Protection Agency pursuant to subsection (a) of Section 6930 of Title
42 of the United States Code.
(d) Any person who is required to submit a hazardous waste
notification statement to the director pursuant to subdivision (a)
and who fails to do so is subject to a civil penalty of not less than
fifty dollars ($50) and not more than five hundred dollars ($500)
for each day for which the department does not receive a statement.
Any person who knowingly submits false information to the department
is subject to a civil penalty of not less than two thousand dollars
($2,000) and not more than twenty thousand dollars ($20,000) for each
day that the false information goes uncorrected.
(e) The director shall compile and organize the statements by the
city and county within which each activity and facility are located,
and shall transmit the compiled statements to the appropriate
regional offices, the California regional water quality control
boards, and the officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(f) Subdivision (a) does not apply to any of the following:
(1) A person who has filed notification with the Administrator of
the Environmental Protection Agency pursuant to subsection (a) of
Section 6930 of Title 42 of the United States Code.
(2) A person who only produces household hazardous waste, as
defined in subdivision (d) of Section 25218.1.
(3) Any person who owns property on which a cleanup of, or other
removal of, or remedial action to, a hazardous waste site is taking
place, or who is engaged in any of those activities on a hazardous
waste site.
(a) When making the quantity determinations for purposes
of Section 66262.34 of Title 22 of Division 4.5 of the California
Code of Regulations, as it may be amended consistent with this code,
a generator shall include all hazardous waste that it has generated
in any month, except for universal wastes managed pursuant to the
requirements of Chapter 23 (commencing with Section 66273.1) of
Division 4.5 of Title 22 of the California Code of Regulations.
(b) By December 1, 2016, the department shall adopt regulations
incorporating the instructions to hazardous waste generators in
subdivision (a) into its implementing regulations.