Section 25169.7 Of Article 6.6. Hazardous Waste Of Concern And Public Safety Act From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 6.6.
25169.7
. Except as specified otherwise in subdivision (b), on and
after July 1, 2003, all of the following requirements, including any
regulations adopted by the department pursuant to Section 25169.8,
shall apply to any person handling any hazardous waste of concern:
(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant to Section 25169.6, the hazardous
waste transporter or the owner or operator shall immediately, as
specified in the regulations adopted by the department, provide a
verbal notification to the department and report the discrepancy to
the department in writing by letter within five days after the
discovery. The transporter or the owner or operator shall also comply
with the applicable manifest discrepancy reporting requirements
specified in the regulations adopted by the department pursuant to
this chapter.
(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the department
shall make a preliminary determination whether there is a potential
risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the Office of Emergency
Services and the Department of the California Highway Patrol.
(3) The Department of the California Highway Patrol may enter and
inspect any hazardous waste facility at the department's request to
perform an investigation of any hazardous waste that the department
determines may be missing.
(b) (1) Notwithstanding Section 25200.4, any person applying for a
hazardous waste facilities permit or other grant of authorization to
use and operate a hazardous waste facility that would handle
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified in Section
25112.5.
(2) On or before January 1, 2004, and at any time upon the request
of the department, any person owning or operating a hazardous waste
facility that handles any hazardous waste of concern shall submit to
the department a disclosure statement containing the information
specified in Section 25112.5.
(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern shall
submit to the department a disclosure statement containing the
information specified in Section 25112.5.
(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure statement.
(4) At any time upon the request of the department, any registered
hazardous waste transporter who transports any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.
(5) Whenever any change pertaining to the information required to
be contained in a disclosure statement filed pursuant to paragraphs
(1) to (4), inclusive, occurs after the date of the filing of the
disclosure statement, the transporter or the facility owner or
operator shall provide the updated information in writing to the
department within 30 days of the change.
(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.
(7) This subdivision does not apply to any federal, state, or
local agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.