Section 25201.14 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25201.14
. (a) To the extent consistent with the federal act, the
following activities are exempt from this article, including the
requirements of obtaining a hazardous waste facilities permit or
other grant of authorization from the department, if the activity is
conducted at the site where the material was generated and the
management of the waste meets the requirements of subdivisions (a) to
(d), inclusive, of Section 25143.9 and subdivisions (b) and (c) of
this section:
(1) Except as provided in subdivision (b), the separation of used
oil from water, if all other applicable laws and regulations are met,
the used oil is properly transported to an authorized oil recycler,
and the separation is accomplished by using one of the following
methods:
(A) Gravity separation.
(B) A centrifuge.
(C) Membrane technology.
(D) Heating of the water containing the used oil to a temperature
that is not more than 20 degrees Fahrenheit below the flashpoint of
the used oil component of the mixture at atmospheric pressure.
(E) The addition of demulsifiers to the water containing the used
oil.
(2) (A) The operation of a totally enclosed treatment unit or
facility, as defined in Section 66260.10 of Title 22 of the
California Code of Regulations, when authorized by regulations
adopted by the department pursuant to subparagraph (B).
(B) The department shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code exempting this type of unit or facility from
this article to the extent that the department determines that the
exemption is consistent with the protection of public health, safety,
and the environment.
(b) For purposes of paragraph (1) of subdivision (a), the
separation of used oil from water does not include a method using any
of the following:
(1) Contaminated groundwater.
(2) Water containing any measurable amount of gasoline or more
than 2 percent of a combination of Number 1 or Number 2 diesel fuel.
(3) Used oil and water which contain other constituents that
render the material hazardous under the regulations adopted pursuant
to Sections 25140 and 25141.
(c) A generator operating pursuant to subdivision (a) shall meet
all of the following conditions:
(1) The generator complies with the conditions of subdivisions (d)
and (e) of Section 25201.5.
(2) The generator submits a notification that is in compliance
with paragraph (7) of subdivision (d) of Section 25201.5 on or before
April 1, 1996, or if the generator is commencing the first treatment
of waste pursuant to this section, not less than 60 days prior to
the date of commencing treatment of that waste pursuant to this
section. Upon demonstration of good cause by the generator, the
department may allow a shorter time period than 60 days between
notification and commencement of hazardous waste treatment pursuant
to this section. The generator shall be in compliance with all other
notification requirements of subdivision (d) of Section 25201.5.
(3) The generator maintains adequate records to demonstrate that
the requirements and conditions of this section are met, including
appropriate waste sampling and analysis records, to demonstrate that
none of the water and used oil mixtures listed in subdivision (b) are
treated pursuant to this section. All records required pursuant to
this paragraph and subdivision (d) of Section 25201.5 shall be
maintained onsite for a period of at least three years.
(4) Except as provided in Section 25404.5, the generator submits a
one-time fee in the amount of one hundred dollars ($100) to the
department as part of the notification required by paragraph (2), at
the same time that notification is submitted, unless the generator is
subject to a fee under a permit-by-rule or a grant of conditional
authorization pursuant to Section 25200.3.
(5) (A) If the generator is conducting treatment pursuant to
paragraph (1) of subdivision (a), the generator complies with the
phase I environmental assessment requirements of Section 25200.14,
except for subdivisions (d), (f), and (g) of Section 25200.14. The
generator shall not be required to comply with this subparagraph
until the department completes an evaluation of the phase I
environmental assessment requirement, pursuant to Section 25200.14.1,
and until any revisions resulting from that evaluation are
implemented by statute or regulation.
(B) A generator conducting treatment pursuant to paragraph (2) of
subdivision (a) shall not be required to conduct any site
investigations, beyond that required by subparagraph (A), or to
initiate remediation activities until the department adopts
regulations specifying the criteria and procedures for corrective
action at non-RCRA facilities.
(C) This paragraph does not limit the authority of the department
or a unified program agency approved pursuant to Section 25404.1 to
issue an order pursuant to Section 25187.1 or to order corrective
action pursuant to Section 25187.