Article 10.01. Management Of Perchlorate of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.01.
For purposes of this article, the following definitions
(a) Notwithstanding Section 25117.2, "management" means disposal,
storage, packaging, processing, pumping, recovery, recycling,
transportation, transfer, treatment, use, and reuse.
(b) "Perchlorate" means all perchlorate-containing compounds.
(c) "Perchlorate material" means perchlorate and all
perchlorate-containing substances, including, but not limited to,
waste perchlorate and perchlorate-containing waste.
(a) On or before December 31, 2005, the department shall
adopt regulations specifying the best management practices for a
person managing perchlorate materials. These practices may include,
but are not limited to, all of the following:
(1) Procedures for documenting the amount of perchlorate materials
managed by the facility.
(2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
(b) (1) The department shall consult with the State Air Resources
Board, the Office of Environmental Health Hazard Assessment, the
State Water Resources Control Board, the Office of Emergency
Services, the State Fire Marshal, and the California certified
unified program agencies forum before adopting regulations pursuant
to subdivision (a).
(2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and
local laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.
(3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the
existing requirements of Chapter 6.95 (commencing with Section 25500)
and the California Fire Code governing the management of perchlorate
(c) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the regulations
promulgated pursuant to subdivision (a).
On and after the effective date of the regulations adopted
by the department pursuant to Section 25210.6, a person may not
manage perchlorate materials unless the management complies with the
best management practices specified in the regulations adopted by the