Section 25201.1 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25201.1
. (a) A solid waste facility, as defined in Section 40194 of
the Public Resources Code, or any recycling facility, that accepts
and processes empty aerosol cans and de minimis quantities of
nonempty aerosol cans collected as an incidental part of the
collection of empty cans for recycling, is exempt from the
requirement to obtain a hazardous waste facilities permit or other
authorization from the department for purposes of conducting that
activity if both of the following conditions are met:
(1) The nonempty aerosol cans are from products that are normally
intended for household use and were generated by households.
(2) The city, county, or regional agency in the area that the
facility serves provides educational information to the public on the
safe collection and recycling or disposal of empty and nonempty
aerosol cans that encourages, to the maximum extent feasible, the
separation and recycling of empty aerosol cans through such programs
as curbside, dropoff, and buy-back recycling programs, and the
diversion of nonempty aerosol cans into household hazardous waste
collection programs. Issues of compliance with this subdivision shall
be determined by the California Integrated Waste Management Board or
by the appropriate local enforcement agency.
(b) This section is not intended to alter the obligation to manage
as a hazardous waste any nonempty aerosol cans that meet the
requirements of Section 25117, and that are not subject to the
exemption provided in this section.
(c) Nothing in this section exempts a solid waste facility that
engages in an activity that requires a hazardous waste facility
permit, other than the acceptance and processing of empty aerosol
cans and de minimis quantities of nonempty aerosol cans as an
incidental part of the collection of empty cans for recycling, from
the requirement of obtaining a hazardous waste facilities permit.