Section 25211.2 Of Article 10.1. Management Of Hazardous Wastes Removed From Discarded Appliances From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.1.
25211.2
. (a) Except as provided in subdivision (b), a person who
transports, delivers, or sells discarded major appliances to a scrap
recycling facility shall provide evidence that he or she is a
certified appliance recycler and shall certify, on a form prepared by
the department and provided to the facility at the time of the
transaction, that all materials that require special handling have
been removed from the appliances pursuant to subdivision (a) of
Section 25212. Information on the form shall include, but not be
limited to, the appliance recycler certificate number, the appliance
recycler's hazardous waste generator identification number, the
number and types of appliances included in the shipment, and the
facilities to which the materials that require special handling and
that were removed from the appliances were sent or are to be sent. If
the appliances have been crushed, baled, or shredded by the
certified appliance recycler, the requirement to include the number
and types of appliances included in the shipment on the form shall
not apply.
(b) A person who is not a certified appliance recycler may
transport, deliver, or sell discarded major appliances to a scrap
recycling facility only if the scrap recycling facility is a
certified appliance recycler and only if either of the following
conditions specified is met:
(1) The appliances have not been crushed, baled, shredded, sawed
or sheared apart, or otherwise processed in such a manner that could
result in the release, or prevent the removal, of materials that
require special handling.
(2) The appliances have been crushed, baled, shredded, or sawed or
sheared apart, or otherwise processed in such a manner that could
result in the release, or prevent the removal, of materials that
require special handling, and that person does one of the following:
(A) Provides the scrap recycling facility with a written
certification, at the time of the transaction, that identifies any
materials that require special handling that have been removed from
the appliance and certifies that all of these materials were removed
by a person authorized under Section 25211.1. The certification shall
include the appliance recycler or appliance service technician
certificate number, the appliance recycler or appliance service
technician's hazardous waste generator identification number, the
number and types of appliances included in the shipment, and the
facilities to which the materials that require special handling that
were removed from the appliances were sent or are to be sent.
(B) Presents a form of government issued identification and, under
penalty of perjury, provides the scrap recycling facility his or her
name, address, telephone number, and written certification that he
or she obtained the appliance in its current condition and did not
process the appliance or arrange to have it processed or knowingly
accept the appliance from any other person who processed it or
arranged to have it processed. That person shall also provide the
name and address of the person from whom the appliance was obtained,
or include in the written certification the reason that the
information is unavailable.
(c) Appliances delivered to a scrap recycling facility by a local
government representative that were generated as part of the local
government's waste management activities are exempt from subdivision
(b).
(d) A scrap recycling facility that accepts appliances pursuant to
subparagraph (B) of paragraph (2) of subdivision (b) shall provide a
monthly report to the department and the local CUPA that includes
both of the following:
(1) For each appliance received by the scrap facility, the name
and address of the person who transported, delivered, or sold the
appliance to the scrap recycling facility.
(2) The total number of appliances received pursuant to the
conditions provided in subparagraph (B) of paragraph (2) of
subdivision (b).