Section 25217.2 Of Article 10.7. Recyclable Latex Paint And Oil-based Paint From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.7.
25217.2
. (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.