Section 25201.8 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25201.8
. (a) Notwithstanding any other provision of law, a
generator of effluent hazardous waste from dry cleaning operations
who treats the waste onsite is not a hazardous waste facility, and is
exempt from the hazardous waste facilities permit requirements
imposed pursuant to this chapter, or the regulations pertaining to
hazardous waste facilities permit requirements adopted by the
department pursuant to this chapter, if the generator meets all of
the following conditions:
(1) The effluent is a non-RCRA hazardous waste, or the treatment
of the effluent is exempt from hazardous waste treatment facilities
permit requirements pursuant to the federal act.
(2) The effluent is treated at the same facility at which it was
generated.
(3) The effluent is treated within 90 days of its generation.
(4) The effluent is treated in a tank or container.
(5) Any residual products or byproducts of the treatment of the
effluent are 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.
(6) The effluent is a hazardous waste solely due to its PCE
(perchloroethylene) content.
(7) The total effluent hazardous waste stream treated does not
exceed 180 gallons in any calendar month.
(8) The generator complies with all local requirements applicable
to the treatment of the waste.
(9) The generator's facility does not require a hazardous waste
permit for any other hazardous waste management activity.
(b) The local officer or agency authorized to enforce this section
pursuant to subdivision (a) of Section 25180, as part of the
existing inspection program for dry cleaning facilities, shall
inspect the dry cleaning operations subject to subdivision (a) for
compliance with the conditions of subdivision (a), and to ensure that
all treatment devices are properly installed, operated, and
maintained. Monitoring standards shall be developed by the department
in conjunction with the unified program agencies, county health
officer or director of environmental health, consistent with existing
requirements of local and regional agencies pertaining to air,
water, and soil resources.
(c) For purposes of this section, "dry cleaning operations" means
the process of using a solvent to clean materials in either a
dry-to-dry machine, a transfer machine, or any modification of these
machines. Dry cleaning operations include, but are not limited to,
all recovery operations, units, filters, stills, cookers, stages, or
processes in which solvent is extracted for use or reuse in the
cleaning process.
(d) This section shall not be construed to limit or otherwise
abrogate the authority of any local agency, including a city, county,
or special district, to control or otherwise regulate any dry
cleaning facility located within the local agency's jurisdiction, or
the related past or existing discharges from that dry cleaning
facility.
(e) This section shall not be construed to limit the liability of
any dry cleaning facility for any past, present, or future discharge.
(f) Nothing in this section shall abridge any authority granted to
the department or a unified program agency by any other provision of
law to impose any further restrictions or limitations upon
facilities subject to this section, that the department or a unified
program agency determines to be necessary to protect human health or
the environment.