Section 25163 Of Article 6. Transportation From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 6.
25163
. (a) (1) Except as otherwise provided in subdivisions (b),
(c), (e), and (f), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes unless the person
holds a valid registration issued by the department, and it is
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department. A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter for purposes of this chapter. Any registration issued by
the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
(2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste. The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department. Any person registered pursuant to this section may
obtain additional copies of the registration certificate from the
department upon the payment of a fee of two dollars ($2) for each
copy requested, in accordance with Section 12196 of the Government
Code.
(3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
(b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Article 1
(commencing with Section 117400) of Chapter 4 of Part 13 of Division
104 are exempt from the requirements of subdivision (a).
(c) Except as provided in subdivision (f), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, which wastes do not
exceed a total volume of five gallons or do not exceed a total weight
of 50 pounds, are exempt from the requirements of subdivision (a)
and from the requirements of Section 25160 concerning possession of
the manifest while transporting hazardous waste, upon meeting all of
the following conditions:
(1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.
(2) Different hazardous waste materials are not mixed within a
container during the transporting.
(3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
(4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
(5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
(d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Chapter 6 (commencing with Section 25000), but shall
comply with those terms, conditions, orders, and directions that the
health officer or the health officer's authorized representative may
determine to be necessary for the protection of human health and
comfort, and shall otherwise comply with the requirements for
statements as provided in Section 25007. Violations of those
requirements of Section 25007 shall be punished as provided in
Section 25010. Proof of registration pursuant to subdivision (a)
shall be submitted by mail or in person to the local health officer
in the city or county in which the registered hazardous waste
transporter will be conducting the activities described in Section
25001.
(e) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivision (a).
(f) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivision (a) and from
paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.