25201.5
. (a) Notwithstanding any other provision of law, a
hazardous waste facilities permit is not required for a generator who
treats hazardous waste of a total weight of not more than 500
pounds, or a total volume of not more than 55 gallons, in any
calendar month, if both of the following conditions are met:
(1) The hazardous waste is not an extremely hazardous waste and is
listed in Section 67450.11 of Title 22 of the California Code of
Regulations, as in effect on January 1, 1992, as eligible for
treatment pursuant to the regulations adopted by the department for
operation under a permit-by-rule and the treatment technology used is
approved for that waste stream in Section 67450.11 of Title 22 of
the California Code of Regulations for treatment under a
permit-by-rule.
(2) The generator is not otherwise required to obtain a hazardous
waste facilities permit or other grant of authorization for any other
hazardous waste management activity at the facility.
(b) Notwithstanding any other provision of law, treatment in the
following units is ineligible for exemption pursuant to subdivision
(a) or (c):
(1) Landfills.
(2) Surface impoundments.
(3) Injection wells.
(4) Waste piles.
(5) Land treatment units.
(6) Thermal destruction units.
(c) Notwithstanding any other provision of law, a hazardous waste
facilities permit or other grant of authorization is not required to
conduct the following treatment activities, if the generator treats
the following hazardous waste streams using the treatment technology
required by this subdivision:
(1) The generator mixes or cures resins mixed in accordance with
the manufacturer's instructions, including the mixing or curing of
multicomponent and preimpregnated resins in accordance with the
manufacturer's instructions.
(2) The generator treats a container of 110 gallons or less
capacity, which is not constructed of wood, paper, cardboard, fabric,
or any other similar absorptive material, for the purposes of
emptying the container as specified by Section 66261.7 of Title 22 of
the California Code of Regulations, as revised July 1, 1990, or
treats the inner liners removed from empty containers that once held
hazardous waste or hazardous material. The generator shall treat the
container or inner liner by using the following technologies, if the
treated containers and rinseate are managed in compliance with the
applicable requirements of this chapter:
(A) The generator rinses the container or inner liner with a
suitable liquid capable of dissolving or removing the hazardous
constituents which the container held.
(B) The generator uses physical processes, such as crushing,
shredding, grinding, or puncturing, that change only the physical
properties of the container or inner liner, if the container or inner
liner is first rinsed as provided in subparagraph (A) and the
rinseate is removed from the container or inner liner.
(3) The generator conducts drying by pressing or by passive or
heat-aided evaporation to remove water from wastes classified as
special wastes by the department pursuant to Section 66261.124 of
Title 22 of the California Code of Regulations.
(4) The generator conducts magnetic separation or screening to
remove components from wastes classified as special wastes by the
department pursuant to Section 66261.124 of Title 22 of the
California Code of Regulations.
(5) The generator neutralizes acidic or alkaline wastes which are
hazardous solely due to corrosivity or toxicity resulting from the
presence of acidic or alkaline material from food or food byproducts,
and alkaline or acidic waste, other than wastes containing nitric
acid, at SIC Code Major Group 20, food and kindred product
facilities, as defined in subdivision (p) of Section 25501, if both
of the following conditions are met:
(A) The neutralization process does not result in the emission of
volatile hazardous waste constituents or toxic air contaminants.
(B) The neutralization process is required in order to meet
discharge or other regulatory requirements.
(6) Except as provided for specific waste streams in Section
25200.3, the generator conducts the separation by gravity of the
following, if the activity is conducted in impervious tanks or
containers constructed of noncorrosive materials, the activity does
not involve the addition of heat or other form of treatment, or the
addition of chemicals other than flocculants and demulsifiers, and
the activity is managed in compliance with applicable requirements of
federal, state, or local agency or treatment works:
(A) The settling of solids from waste where the resulting aqueous
stream is not hazardous.
(B) The separation of oil/water mixtures and separation sludges,
if the average oil recovered per month is less than 25 barrels.
(7) The generator is a laboratory which is certified by the State
Department of Health Services or operated by an educational
institution, and treats wastewater generated onsite solely as a
result of analytical testing, or is a laboratory which treats less
than one gallon of hazardous waste, which is generated onsite, in any
single batch, subject to the following:
(A) The wastewater treated is hazardous solely due to corrosivity
or toxicity that results only from the acidic or alkaline material,
as defined in Section 66260.10 of Title 22 of the California Code of
Regulations, or is excluded from the definition of hazardous waste by
subparagraph (E) of paragraph (2) of subsection (a) of Section
66261.3 of Title 22 of the California Code of Regulations, or both.
(B) The treatment meets all of the following requirements, in
addition to all other requirements of this section:
(i) The treatment complies with all applicable pretreatment
requirements.
(ii) Neutralization occurs in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations; wastes to be neutralized do not contain any more than 10
percent acid or base concentration by weight, or any other
concentration limit which may be imposed by the department; and
vessels and piping for neutralization are constructed of materials
that are compatible with the range of temperatures and pH levels, and
subject to appropriate pH temperature controls.
(iii) Treatment does not result in the emission of volatile
hazardous waste constituents or toxic air contaminants.
(8) The hazardous waste treatment is carried out in a quality
control or quality assurance laboratory at a facility that is not an
offsite hazardous waste facility and the treatment activity otherwise
meets the requirements of paragraph (1) of subdivision (a).
(9) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(10) The generator uses any technology that is certified by the
department, pursuant to Section 25200.1.5, as effective for the
treatment of formaldehyde or glutaraldehyde solutions used in health
care facilities that are operated pursuant to the conditions imposed
on the certification and which makes the operation appropriate to
this tier. The technology may be certified using a pilot
certification process until the department adopts regulations
pursuant to Section 25200.1.5. This paragraph shall be operative only
until April 11, 1996.
(d) A generator conducting treatment pursuant to subdivision (a)
or (c) shall meet all of the following conditions:
(1) The waste being treated is generated onsite, and a residual
material from the treatment of a hazardous waste generated offsite is
not a waste that has been generated onsite.
(2) The treatment does not require a hazardous waste facilities
permit pursuant to the federal act.
(3) The generator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
(4) The generator prepares and maintains a written inspection
schedule and log of inspections conducted.
(5) The records specified in paragraphs (3) and (4) are maintained
onsite for a period of three years.
(6) The generator maintains adequate records to demonstrate that
it is in compliance with all applicable pretreatment standards and
with all applicable industrial waste discharge requirements issued by
the agency operating the publicly owned treatment works into which
the wastes are discharged.
(7) (A) Not less than 60 days before commencing treatment of
hazardous waste pursuant to this section, the generator shall submit
a notification, in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(B) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by subparagraph (A), between notification and commencement of
hazardous waste treatment pursuant to this section.
(C) The notification submitted pursuant to this paragraph shall be
completed, dated, and signed in accordance with the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements apply to permit applications, shall be on a
form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(i) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional exemption applies.
(ii) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional exemption
applies.
(iii) A description of the hazardous waste treatment activity to
which the conditional exemption applies, including, but not limited
to, the basis for determining that a hazardous waste facilities
permit is not required under the federal act.
(iv) A description of the characteristics and management of any
treatment residuals.
(D) The development and publication of the notification form
required under this paragraph is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
(E) Any notification submitted pursuant to this paragraph shall
supersede any prior notice of intent submitted by the same generator
in order to obtain a permit-by-rule under the regulations adopted by
the department. This subparagraph does not require the department to
refund any fees paid for any application in conjunction with the
submission of a notice of intent for a permit-by-rule.
(8) (A) Upon terminating operation of any treatment process or
unit exempted pursuant to this section, the generator who conducted
the treatment shall remove or decontaminate all waste residues,
containment system components, soils, and other structures or
equipment contaminated with hazardous waste from the unit. The
removal of the unit from service shall be conducted in a manner that
does both of the following:
(i) Minimizes the need for further maintenance.
(ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after treatment process is no longer in
operation.
(B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is conditionally exempted pursuant to
this section shall, upon completion of all activities required under
this subdivision, provide written notification in person or by
certified mail, with return receipt requested, to the department and
to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(9) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under this chapter and
the regulations adopted by the department pursuant to this chapter.
(10) Except as provided in Section 25404.5, the generator submits
a fee in the amount required by Section 25205.14, unless the
generator is subject to a fee under a permit-by-rule or a grant of
conditional authorization pursuant to Section 25200.3. The generator
shall submit that fee within 30 days of the date that the fee is
assessed by the State Board of Equalization, in the manner specified
by Section 43152.10 of the Revenue and Taxation Code.
(e) (1) Unless otherwise required by federal law, ancillary
equipment for a tank or container treating hazardous wastes solely
pursuant to this section is not subject to Section 66265.193 of Title
22 of the California Code of Regulations, if the ancillary equipment'
s integrity is attested to pursuant to Section 66265.191 of Title 22
of the California Code of Regulations every two years from the date
that retrofitting requirements would otherwise apply.
(2) (A) The Legislature hereby finds and declares that, in the
case of underground, gravity-pressured sewer systems, integrity
testing is often not feasible.
(B) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
(C) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures that are determined to be sufficient
by the department in those regulations, and those leak detection
measures do not reveal any leaks emanating from the operator's
ancillary equipment. Any ancillary equipment found to leak shall be
retrofitted by the operator to meet the full secondary containment
standards of Section 66265.196 of Title 22 of the California Code of
Regulations.
(f) Nothing in this section shall abridge any authority granted to
the department, a unified program agency, or local health officer or
local public officer designated pursuant to Section 25180, by any
other provision of law to impose any further restrictions or
limitations upon facilities subject to this section, that the
department, a unified program agency, or local health officer or
local public officer designated pursuant to Section 25180, determines
to be necessary to protect human health or the environment.
(g) A generator that would otherwise be subject to this section
may contract with the operator of a transportable treatment unit who
is operating pursuant to this section to treat the generator's waste.
If treatment of the generator's waste takes place under such a
contract, the generator is not otherwise subject to the requirements
of this section, but shall comply with all other requirements of this
chapter that apply to generators. The operator of the transportable
treatment unit shall comply with all of the applicable requirements
of this section and, for purposes of this section, the operator of
the transportable treatment unit shall be deemed to be the generator.
(h) A generator conducting activities which are exempt from this
chapter pursuant to Section 66261.7 of Title 22 of the California
Code of Regulations, as that section read on January 1, 1993, is not
required to comply with this section.
(i) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to paragraph (7) of subdivision (d), a
generator shall submit an amended notification, in person or by
certified mail, with return receipt requested, to the department and
to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Each amended notification made pursuant to this subdivision
shall be completed, dated, and signed in accordance with the
requirements of Section 66270.11 of Title 22 of the California Code
of Regulations, as those requirements apply to hazardous waste
facilities permit applications.
(j) A person who submitted a notification to the department
pursuant to paragraph (7) of subdivision (d) shall be deemed to be
operating pursuant to this section, and, except as provided in
Section 25404.5, shall be subject to the fee set forth in subdivision
(c) of Section 25205.14 until that person submits a certification
that the generator has ceased all treatment activities of hazardous
waste streams authorized pursuant to this section in accordance with
the requirements of paragraph (8) of subdivision (d). The
certification required by this subdivision shall be submitted, in
person or by certified mail, with return receipt requested, to the
department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.