Section 25179.7 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.
25179.7
. (a) The department may, upon receipt of a petition,
designate treatment technologies certified pursuant to Section
25200.1.5 in accordance with this article. For each designated
treatment technology, the department shall specify the types or
categories of hazardous wastes that can be satisfactorily treated.
The department may specify more than one certified treatment
technology for a category of waste and the department may determine
more than one category of waste to be suitable for treatment by a
certified treatment technology. When listing a designated treatment
technology, the department shall provide sufficient specificity in
the listing of the treatable wastes to ensure that the definition of
each type or category of waste is clearly defined. When designating a
treatment technology for one or more types or categories of
hazardous waste, the department shall ensure that all of the
following criteria are met:
(1) The treatment technology is appropriate for each of the types
or categories of hazardous waste for which it is designated.
(2) The treatment technology is technically feasible for each of
the types or categories of hazardous waste for which it is
designated.
(3) The treatment technology is environmentally desirable for each
of the types or categories of hazardous waste for which it is
designated. In determining if treatment of a hazardous waste is
environmentally desirable, the department shall consider whether
there is a viable public health and safety or environmental benefit
to be gained by treating the hazardous waste using a designated
treatment technology in this state rather than otherwise disposing of
the hazardous waste, and whether conducting that treatment in this
state provides a benefit beyond that achieved by meeting the land
disposal treatment standard, if any, specified for that hazardous
waste pursuant to Section 25179.5.
(b) Upon designation of a certified treatment technology, the
department shall notify the public of the types or categories of
waste that can be treated by the designated treatment technology. The
notice shall specify whether these types or categories represent new
treatable wastes, and if not, what other designated treatment
technologies also exist for that type or category of treatable waste.
The notice shall include explanation of the potential changes in the
payment of hazardous waste fees that may result from this
designation.
(c) The department shall not impose any requirement or mandate on
any person who generates, stores, treats, or disposes of hazardous
waste to use a designated treatment technology. However, the
department may provide incentives for the use of designated treatment
technologies in this state consistent with authority granted the
department pursuant to this chapter.
(d) The department may adopt regulations establishing standards
for designated treatment technologies.
(e) When determining the fees specified in subdivision (h) of
Section 25200.1.5, the department shall include the amounts
sufficient to recover the actual costs of the department in reviewing
and designating treatment technologies pursuant to this section.