Section 25160.6 Of Article 6. Transportation From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 6.
25160.6
. (a) (1) If a hazardous waste shipment is rejected in its
entirety before the original manifest is signed by an offsite
hazardous waste facility operator, the original manifest shall be
used to transport the rejected load to either the generator or an
alternate facility designated by the generator.
(2) An offsite hazardous waste facility operator is not required
to sign a manifest pursuant to this subdivision until the hazardous
waste listed on the manifest is fully unloaded at the facility. If
the transporter leaves a loaded or partially loaded trailer at the
facility, the facility operator shall sign the manifest before the
transporter departs the facility.
(3) The hazardous waste facility operator shall, when preparing a
manifest to accompany a rejected load of hazardous waste, enter the
number of the original manifest in Box 19 on the new manifest, and
the facility operator shall enter the number of the new manifest in
Box 19 on those copies of the original manifest still in the facility
operator's possession. The facility operator shall enter this
information elsewhere on the manifest if required by regulations
adopted by the department. The facility operator shall also use Box
19 on the new manifest, or any other box that is required by the
department's regulations, to identify the shipment as a rejected
load.
(4) After an offsite hazardous waste facility operator rejects a
shipment of hazardous waste, the transporter shall transport the
hazardous waste, accompanied by the original manifest or a new
manifest, to either the generator or an alternate facility designated
by the generator. The transporter shall obtain a signature on the
manifest from the operator of the alternate designated facility or
the generator, whichever receives the rejected shipment.
(b) For purposes of receiving hazardous waste rejected by an
offsite hazardous waste facility operator, the generator of the
hazardous waste shall be considered a designated facility for the
receipt of hazardous waste generated by that generator. For purposes
of this section, "designated facility" has the same meaning as that
term is defined in Section 66260.10 of Title 22 of the California
Code of Regulations, including any amendments thereto.
(c) (1) An offsite hazardous waste facility operator that rejects
an entire shipment or a partial shipment of hazardous waste pursuant
to this section is not the generator of that hazardous waste for
purposes of this chapter, including any regulations adopted pursuant
to this chapter, nor an arranger for disposal of the waste, nor a
transporter who chooses the location for disposal of waste.
(2) (A) An offsite hazardous waste facility operator that rejects
an entire shipment or a partial shipment of hazardous waste pursuant
to this section is the offeror of the rejected hazardous waste.
(B) For purposes of this chapter and regulations adopted pursuant
to this chapter, "offeror" means a person who ships hazardous waste
and is responsible for ensuring that the hazardous waste is properly
prepared for shipment but who is not an arranger for disposal or a
transporter who chooses the location for disposal of the waste.
(3) An offsite hazardous waste facility operator that rejects an
entire shipment or a partial shipment of hazardous waste pursuant to
this section shall comply with the department's regulations
concerning manifest use, container condition and management, and
container packaging, labeling, marking, and placarding with respect
to the rejected hazardous waste.
(d) Except as provided in subdivision (e), the generator of
hazardous waste who receives a rejected shipment of that hazardous
waste may accumulate the rejected hazardous waste onsite for 90 days
or less, in accordance with the requirements of paragraph (1) of
subdivision (a) of Section 66262.34 of Title 22 of the California
Code of Regulations. The generator of the rejected hazardous waste
shall label or mark the hazardous waste in a manner that indicates
that it is rejected hazardous waste and shall include the date it was
received by the generator. If the generator of the rejected
hazardous waste commingles it with other hazardous wastes, the
shorter of any applicable accumulation time limits shall apply to the
commingled hazardous waste.
(e) A transporter of hazardous waste, that consolidates shipments
of waste pursuant to Section 25160.2 and whose consolidated shipment
is rejected by an offsite hazardous waste facility, may hold that
shipment on the transport vehicle at the transporter's facility for
no more than 10 days from the date the shipment is rejected,
consistent with paragraph (3) of subdivision (b) of Section 25123.3.
The transporter may not commingle the consolidated shipment with any
other waste.
(f) A generator of hazardous waste who receives a shipment of
rejected waste shall comply with the requirements of Sections
66265.71 and 66265.72 of Title 22 of the California Code of
Regulations.
(g) To the extent that the United States Environmental Protection
Agency adopts regulations under the federal act that preempt or are
more stringent than the requirements of this section, offsite
hazardous waste facilities, generators, and transporters shall
instead comply with those regulations on and after the date those
federal regulations become effective in California, or on and after
the effective date of regulations adopted by the department in
accordance with those federal regulations, whichever date occurs
first.