Article 10.7. Recyclable Latex Paint And Oil-based Paint of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.7.
For the purposes of this article, the following definitions
shall apply:
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern that meets the criteria for a generator
specified in Section 261.5 of Title 40 of the Code of Federal
Regulations.
(b) "Consolidation location" means a location to which recyclable
latex paint or oil-based paint initially collected at a collection
location is transported.
(c) "Oil-based paint" means a paint that contains drying oil, oil
varnish, or oil-modified resin as the basic vehicle ingredient.
(d) "Paint" includes both oil-based paint and recyclable latex
paint that is collected in accordance with this article.
(e) "Recyclable latex paint" means any water-based latex paint,
still in liquid form, that is transferred for the purposes of being
recycled.
No person shall dispose of, or attempt to dispose of,
liquid latex paint or oil-based paint in the land or into the waters
of the state unless authorized by applicable provisions of law.
(a) Recyclable latex paint may be accepted at any location
including, but not limited to, a permanent household hazardous waste
collection facility in accordance with subdivision (b), if all of
the following conditions are met:
(1) The location manages the recyclable latex paint in accordance
with all applicable latex paint product management procedures
specified by federal, state, or local law or regulation that include,
at a minimum, that the recyclable latex paint is stored and handled
in a manner that minimizes the chance of exposing the handler and the
environment to potentially hazardous constituents that may be in, or
have been incidentally added to, the recyclable latex paint.
(2) The recyclable latex paint is still in liquid form and is in
its original packaging or is in a closed container that is clearly
labeled.
(3) Any latex paint that is accepted as recyclable by the location
and that is later discovered to be nonrecyclable shall be deemed to
be a waste generated at the location where the discovery is made and
the latex paint shall be managed as a waste in accordance with this
chapter.
(4) If the recyclable latex paint is not excluded or exempted from
regulation under Chapter I (commencing with Section 1.1) of Title 40
of the Code of Federal Regulations, the location meets all
applicable federal requirements.
(5) The recyclable latex paint is stored for no longer than 180
days.
(b) (1) For purposes of this subdivision the following definitions
shall apply:
(A) "CESQG" means a conditionally exempt small quantity generator,
as specified in subdivision (a) of Section 25218.1.
(B) "Permanent household hazardous waste collection facility" has
the same meaning as defined in subdivision (h) of Section 25218.1.
(2) A permanent household hazardous waste collection facility that
is authorized to accept hazardous waste from a CESQG pursuant to
Section 25218.3 may accept recyclable latex paint from any generator
in accordance with this article if the permanent household hazardous
waste collection facility does all of the following:
(A) Complies with subdivision (a).
(B) Sends the recyclable latex paint, for recycling, to a latex
paint recycling facility operating pursuant to this article.
(C) Maintains a monthly log of the volume of latex paint collected
from each generator and submits that information annually with the
report submitted pursuant to Section 25218.9 for household hazardous
waste collected from household hazardous waste generators.
(3) A permanent household hazardous waste collection facility that
takes the actions specified in paragraph (2) is not subject to
subdivision (b) of Section 25218.3.
(4) A permanent household waste collection facility may take the
action specified in paragraph (2) notwithstanding any permit
condition imposed upon the facility, a regulation adopted by the
department to ensure a household hazardous waste collection facility
does not accept hazardous waste from a commercial generator other
than a CESQG, or the status of the generator.
(a) A location that accepts recyclable latex paint
pursuant to Section 25217.2 may also accept oil-based paint if all of
the additional following conditions are met:
(1) The collection location is established under an architectural
paint stewardship plan approved by the Department of Resources
Recycling and Recovery pursuant to the architectural paint recovery
program established pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code.
(2) The collection location receives oil-based paint only from
either of the following:
(A) A person who generates oil-based paint incidental to owning or
maintaining a place of residence.
(B) A conditionally exempt small quantity generator.
(3) The oil-based paint is still in liquid form and is in its
original packaging or is in a closed container that is clearly
labeled.
(4) The location manages the oil-based paint in accordance with
the requirements in Section 25217.2.
(5) The collection location operates pursuant to a contract with a
manufacturer or paint stewardship organization that has submitted an
architectural paint stewardship plan that has been approved by the
Department of Resources Recycling and Recovery and the collected
paint is managed in accordance with that approved architectural paint
stewardship plan.
(6) The oil-based paint is stored for no longer than 180 days.
(b) Oil-based paint initially collected at a collection location
shall be deemed to be generated at the consolidation location for
purposes of this chapter, if all of the following apply:
(1) The collection location is established under an architectural
paint stewardship plan in accordance with the requirements of
paragraph (1) of subdivision (a).
(2) The oil-based paint is subsequently transported to a
consolidation location that is operating pursuant to a contract with
a manufacturer or paint stewardship organization under an
architectural paint stewardship plan that has been approved by the
Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
(3) The oil-based paint is non-RCRA hazardous waste, or is
otherwise exempt from, or is not otherwise regulated pursuant to, the
federal act.
(a) Notwithstanding Sections 25160 and 25163, a person may
transport paint collected in accordance with this article without
the use of a manifest or obtaining registration as a hazardous waste
hauler if the transporter complies with this article.
(b) A person transporting paint collected in accordance with this
article shall use a bill of lading to document the transportation of
the paint from collection locations, or any interim locations, to a
consolidation site, whenever the transportation involves a change in
ownership of the paint. A copy of the bill of lading shall be kept by
the originating location, transporter, and destination of the paint
for a period of at least three years and shall include all of the
following information:
(1) The name, address, and telephone number of the originating
location, the transporter, and the destination of the paint.
(2) The quantity of the paint being transported.
(3) The date on which the transporter accepts the paint from the
originating location.
(4) The signatures of the transporter and a representative of the
originating location.
(a) A person may recycle recyclable latex paint at a
facility which is not authorized by the department pursuant to the
applicable hazardous waste facilities permit requirements of Article
9 (commencing with Section 25200) if the person complies with Section
25217.2.
(b) A person shall recycle, treat, store, or dispose of oil-based
paint that has been collected pursuant to this article only at a
facility that is authorized by the department pursuant to the
applicable hazardous waste facilities permit requirements of Article
9 (commencing with Section 25200) to recycle, treat, store, or
dispose of hazardous waste, or at an out-of-state facility that is
authorized to recycle, treat, store, or dispose of oil-based paint in
the state where the facility is located.