Section 25179.5 Of Article 7.7. Hazardous Waste Treatment Reform Act Of 1995 From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 7.7.
25179.5
. (a) Notwithstanding any other provision of law, except as
provided in this article, any hazardous waste restricted from land
disposal by the federal act, or by the Environmental Protection
Agency pursuant to the federal act, or by the department pursuant to
Section 25179.6, is prohibited from land disposal in the state,
unless one of the following circumstances apply:
(1) The hazardous waste, or the producer of the hazardous waste is
granted a variance, extension, exclusion, or exemption by the
administrator of the Environmental Protection Agency or by the
department.
(2) The waste is treated in accordance with an applicable
treatment standard.
(3) The federal restriction is stayed or otherwise conditioned by
an appropriate court of law.
(4) It is a solid hazardous waste generated in the cleanup or
decontamination of any site contaminated only by hazardous waste that
has not been restricted or prohibited by the federal act or
prohibited by the Environmental Protection Agency pursuant to the
federal act, and which does not meet the treatment standards
established by the department pursuant to Section 25179.6, if the
department or other federal, state, or local agency with authority to
approve the cleanup or decontamination has approved the disposal of
the waste.
(b) (1) Any treatment standard that is adopted or amended by the
Environmental Protection Agency pursuant to subsection (m) of Section
6924 of the federal act, for a hazardous waste prohibited from land
disposal pursuant to subdivision (a) and that is in effect, is the
treatment standard required to be met before the hazardous waste may
be disposed of, using land disposal, in the state. Any land disposal
restriction, including any treatment standard, notification
requirement, or recordkeeping requirement that is adopted or amended
by the Environmental Protection Agency shall become effective in the
state upon the effective date of that adoption or amendment, as
specified in the final rule published in the Federal Register, and
shall, as of that date, supersede any corresponding land disposal
restriction specified in the department's regulations, unless one or
more of the following conditions exist:
(A) A more stringent statutory requirement is applicable.
(B) A land disposal restriction previously adopted by the
department expressly states, in that regulation, that the land
disposal restriction is intended to supersede any less stringent land
disposal restrictions which may be subsequently adopted by the
Environmental Protection agency.
(C) The department subsequently adopts a more stringent land
disposal restriction pursuant to subdivision (c) of Section 25179.6.
(2) Except as provided in Section 25179.6, any extension,
variance, or exemption from the treatment standard granted by the
Administrator of the Environmental Protection Agency shall also apply
in this state.
(c) Subdivision (b) applies only to hazardous waste land disposal
restrictions, standards, or criteria enforced by the department and
does not limit or affect the standards adopted by any other local,
state, or federal agency.
(d) Any hazardous waste or treated hazardous waste that meets all
applicable treatment standards pursuant to this section may be
disposed of to land at a hazardous waste disposal facility that has
been issued a hazardous waste facilities permit allowing that
disposal, if the disposal is conducted in compliance with this
chapter, the applicable regulations adopted by the department, and
the requirements of the permit issued by the department.