Section 25169.3 Of Article 6.5. Hazardous Waste Haulers From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 6.5.
25169.3
. Before hazardous waste is transported from an abandoned
site to another disposal site, all of the following conditions shall
be met:
(a) The department shall conduct such tests, or cause such tests
to be completed by the responsible party, as are necessary to
determine the general chemical and mineral composition of hazardous
waste that is being transported.
(b) The hazardous waste hauler shall prepare a transportation and
safety plan outlining safety features and procedures to be used by
the hauler to protect the public during the transportation process.
(c) The department shall review and approve the transportation and
safety plan.
(d) The hazardous waste hauler shall, under penalty of perjury,
certify that he or she will follow the provisions of the
transportation and safety plan.
(e) The department shall issue a certificate to the hazardous
waste hauler certifying that the transportation and safety plan has
been approved by the department. The person transporting the waste
shall have the certificate in his or her possession while
transporting the waste. Such certificate shall be shown upon demand
to any department official, officer of the California Highway Patrol,
or any local health officer.
The term "abandoned site," as used in this section, means an
inactive waste disposal, treatment, or storage facility which cannot,
with reasonable effort, be traced to a specific owner; a site whose
owner is the subject of an order for relief in bankruptcy, or who has
not taken corrective action on or before the date specified in an
order issued pursuant to Section 25187; or a location where hazardous
waste has been illegally disposed.
(f) The requirements of this section shall not apply when the
hazardous waste disposal is the direct result of an accidental spill
or the department determines that emergency action is needed to
protect the environment or the public health.