25150. (a) The department shall adopt, and revise when appropriate,
standards and regulations for the management of hazardous wastes to
protect against hazards to the public health, to domestic livestock,
to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building Standards
Commission, the Office of Environmental Health Hazard Assessment, and
the California Integrated Waste Management Board.
25150.1. The requirements in Sections 25290.1, 25290.2, 25291, and
25292 apply to the construction, operation, maintenance, monitoring,
and testing of underground storage tanks, as defined in subdivision
(y) of Section 25281, that are required to obtain hazardous waste
facilities permits from the department. The department shall adopt
regulations implementing the requirements of Sections 25290.1,
25290.2, 25291, and 25292, for regulating the construction,
operation, maintenance, monitoring, and testing of underground
storage tanks used for the storage of hazardous wastes that are
necessary to protect against hazards to the public health, domestic
livestock, wildlife, or the environment.
25150.2. (a) The department shall adopt regulations, consistent
with federal law, concerning the transportation of hazardous waste
from this state across international boundaries. These regulations
shall include, but are not limited to, both of the following:
(1) All applicable federal regulations adopted pursuant to the
Resource Conservation and Recovery Act of 1976, as amended, (42
U.S.C. Sec. 6901 et seq.).
(2) Procedures to carry out Section 25160 for the purpose of
monitoring international transboundary shipments of hazardous waste.
(b) The department shall adopt procedures for the purpose of
receiving information collected by the Environmental Protection
Agency pursuant to Section 262.50 of Title 40 of the Code of Federal
Regulations concerning the transportation of hazardous waste across
international boundaries.
25150.3. The department shall adopt emergency regulations pursuant
to Section 11346.1 of the Government Code which ensure protection for
the public and the environment concerning hazardous waste held or
handled at transfer facilities.
25150.4. Not later than July 1, 1994, the administrator for oil
spill response in the Department of Fish and Game and the Director of
Toxic Substances Control shall jointly develop a preincident process
for the handling and transport of materials used or recovered during
an oil spill response. The preincident process shall ensure, through
advance approvals or other suitable advance procedures, that
materials can be expeditiously removed from cleanup areas consistent
with existing law. The process shall provide for, but not be limited
to, all of the following:
(a) Transport of materials to destinations where they may be
utilized in the manufacture of petroleum or other products.
(b) Transport of materials to locations which have already been
permitted for hazardous waste storage, treatment, transfer, resource
recovery, or disposal so that material categorization and destination
can be expeditiously determined.
(c) Transport of recyclable materials to appropriate locations in
a timely manner.
(d) Preapproved procedures for the temporary storage of materials.
25150.5. On or before July 1, 1995, the department shall revise any
standard or regulation it has adopted that requires the preparation
of a contingency plan, as that term is defined in Section 66260.10 of
Title 22 of the California Code of Regulations, to allow the person
preparing the contingency plan to use the format adopted pursuant to
Section 25503.4, if that person elects to use that format.
25150.6. (a) Except as provided in subdivisions (e) and (f), the
department, by regulation, may exempt a hazardous waste management
activity from one or more of the requirements of this chapter, if the
department does all of the following:
(1) Prepares an analysis of the hazardous waste management
activity to which the exemption will apply pursuant to subdivision
(b). The department shall first prepare the analysis as a preliminary
analysis and make it available to the public at the same time that
the department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt a regulation exempting the
hazardous waste management activity from one or more of the
requirements of this chapter. The department shall include, in the
notice, a reference that the department has prepared a preliminary
analysis and a statement concerning where a copy of the preliminary
analysis can be obtained. The information in the preliminary analysis
shall be updated and the department shall make the analysis
available to the public as a final analysis not less than 10 working
days prior to the date that the regulation is adopted.
(2) Demonstrates that one of the conclusions required by
subdivision (c) is valid.
(3) Imposes, as may be necessary, conditions and limitations on
the exemption that ensure that the exempted activity will not pose a
significant potential hazard to human health or safety or to the
environment.
(b) Before the department gives notice of a proposal to adopt a
regulation exempting a hazardous waste management activity from one
or more of the requirements of this chapter pursuant to subdivision
(a), and before the department adopts the regulation, the department
shall evaluate the hazardous waste management activity and prepare,
as required by paragraph (1) of subdivision (a), an analysis that
addresses all of the following aspects of the activity, to the extent
that the requirement or requirements from which the activity will be
exempted can affect these aspects of the activity:
(1) The types of hazardous waste streams and the estimated amounts
of hazardous waste that are managed as part of the activity and the
hazards to human health or safety or to the environment posed by
reasonably foreseeable mismanagement of those hazardous wastes and
their hazardous constituents. The estimate of the amounts of
hazardous waste that are managed as part of the activity shall be
based upon information reasonably available to the department.
(2) The complexity of the activity, and the amount and complexity
of operator training, equipment installation and maintenance, and
monitoring that are required to ensure that the activity is conducted
in a manner that safely and effectively manages the particular
hazardous waste stream.
(3) The chemical or physical hazards that are associated with the
activity and the degree to which those hazards are similar to, or
differ from, the chemical or physical hazards that are associated
with the production processes that are carried out in the facilities
that produce the hazardous waste that is managed as part of the
activity.
(4) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous waste
streams as part of the activity, the likely consequences of those
accidents, and the actual reasonably available accident history
associated with the activity.
(5) The types of locations at which the activity may be carried
out, an estimate of the number of these locations, and the types of
hazards that may be posed by proximity to the land uses described in
subdivision (b) of Section 25232. The estimate of the number of
locations at which the activity may be carried out shall be based
upon information reasonably available to the department.
(c) The department shall not give notice proposing the adoption
of, and the department may not adopt, a regulation pursuant to
subdivision (a) unless it first demonstrates, using the information
developed in the analysis prepared pursuant to subdivision (b), that
one of the following is valid:
(1) The requirement from which the activity is exempted is not
significant or important in either of the following:
(A) Preventing or mitigating potential hazards to human health or
safety or to the environment posed by the activity.
(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.
(2) A requirement is imposed and enforced by another public agency
that provides protection of human health and safety and the
environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, from which
the activity is being exempted.
(3) Conditions or limitations imposed on the exemption will
provide protection of human health and safety and the environment
equivalent to the requirement, or requirements, from which the
activity is exempted.
(4) Conditions or limitations imposed on the exemption accomplish
the same regulatory purpose as the requirement, or requirements, from
which the activity is being exempted but at less cost or greater
administrative convenience and without increasing potential risks to
human health or safety or to the environment.
(d) A regulation adopted pursuant to this section shall not be
deemed to meet the standard of necessity, pursuant to Section 11349.1
of the Government Code, unless the department has complied with
subdivisions (b) and (c).
(e) The department shall not exempt a hazardous waste management
activity from a requirement of this chapter or the regulations
adopted by the department if the requirement is also a requirement
for that activity under the federal act.
(f) (1) On and after January 1, 2002, the department may, by
regulation, exempt a hazardous waste management activity from one or
more of the requirements of this chapter pursuant to this section
only if the regulations govern the management of one of the hazardous
wastes listed in subparagraphs (A) to (E), inclusive, of paragraph
(2), the regulations identify the hazardous waste as a universal
waste, and the regulations amend the standards for universal waste
management set forth in Chapter 23 (commencing with Section 66273.1)
of Division 4.5 of Title 22 of the California Code of Regulations.
(2) The regulations that the department may adopt pursuant to
paragraph (1) shall govern only the following types of hazardous
waste:
(A) Electronic hazardous wastes, as the department may describe in
the regulations adopted pursuant to this subdivision.
(B) Hazardous waste batteries.
(C) Hazardous wastes containing mercury.
(D) Hazardous waste lamps.
(E) Lead-based painted debris that is a hazardous waste.
(g) The authority of the department to adopt regulations pursuant
to this section shall remain in effect only until January 1, 2008,
unless a later enacted statute, which is enacted before January 1,
2008, deletes or extends that date. This subdivision does not
invalidate any regulation adopted pursuant to this section prior to
the expiration of the department's authority.
25150.7. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section shall not be construed as setting
a precedent applicable to the management, including disposal, of
other hazardous wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 and following).
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25157.8, 25189.5, and 25201,
treated wood waste shall be disposed of in either a class I hazardous
waste landfill, or in a composite-lined portion of a solid waste
landfill unit that meets all requirements applicable to disposal of
municipal solid waste in California after October 9, 1993, and that
is regulated by waste discharge requirements issued pursuant to
Division 7 (commencing with Section 13000) of the Water Code for
discharges of designated waste, as defined in Section 13173 of the
Water Code, or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste so as to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided pursuant to subdivision (e) or regulations adopted
pursuant to subdivision (g).
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
(e) (1) Treated wood waste is exempt from the requirements of this
chapter if all of the following requirements are met:
(A) The treated wood waste is managed so as to prevent scavenging.
(B) The treated wood waste is not disposed of, except as allowed
pursuant to subdivision (d).
(C) The treated wood waste is not burned, recycled, reclaimed, or
reused, except in accordance with the applicable requirements of this
chapter and the regulations adopted pursuant to this chapter.
(D) On and after July 1, 2005, the treated wood waste is not
stored for more than 90 days and, when stored, is protected from
run-on and run-off, and placed on a surface sufficiently impervious
to prevent, to the extent practical, contact with and any leaching to
soil or water.
(E) The treated wood waste is not mixed with other wood waste
prior to disposal.
(F) The treated wood waste is handled in a manner consistent with
all applicable requirements of the California Occupational Safety and
Health Act of 1973 (Chapter 1 (commencing with Section 6300) of Part
1 of Division 5 of the Labor Code), including all rules,
regulations, and orders relating to hazardous waste.
(2) The exemption provided by this subdivision shall remain in
effect until January 1, 2007, and as of that date is inoperative.
(f) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point font, or larger, and contain
the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
/_/ Avoid contact with skin. Wear gloves and long sleeved shirts
when working with treated wood. Wash exposed areas thoroughly with
mild soap and water after working with treated wood.
/_/ Wear a dust mask when machining any wood to reduce the
inhalation of wood dusts. Avoid frequent or prolonged inhalation of
sawdust from treated wood. Machining operations should be performed
outdoors whenever possible to avoid indoor accumulations of airborne
sawdust.
/_/ Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
/_/ If preservative or sawdust accumulates on clothes, launder
before reuse. Wash work clothes separately from other household
clothing.
/_/ Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
/_/ Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
/_/ Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
/_/ Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
/_/ Do not use treated wood for mulch.
/_/ Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to (Web site) or call (toll free
number).
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractor's State
Licensing Board's available listings, and license application
packages. The department may provide guidance to the wood preserving
industry, to the extent resources permit.
(g) (1) On or before January 1, 2007, the department, in
consultation with the California Integrated Waste Management Board,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
(A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
(B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
(C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
(h) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (g) or
with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (g) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
(i) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
(j) Nothing in this section may be construed to limit the
authority or responsibility of the department to adopt regulations
under any other provision of law.
(k) On or before June 1, 2011, the department shall prepare and
post on its Web site a report that makes a determination regarding
the successful compliance with, and implementation of, this section.
(l) (1) This section shall become inoperative on June 1, 2012,
and, as of January 1, 2013 is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is repealed.
(2) Notwithstanding paragraph (1), any regulations adopted
pursuant to this section on or before June 1, 2012 shall continue in
force and effect after that date, until repealed or revised by the
department.
25150.8. If treated wood waste is accepted by a solid waste
landfill that manages and disposes of the treated wood waste in
accordance with Section 25143.1.5 or paragraphs (1) and (2) of
subdivision (d) of Section 25150.7, the treated wood waste, upon
acceptance by the solid waste landfill, shall thereafter be deemed to
be a solid waste, and not a hazardous waste, for purposes of this
chapter and Section 40191 of the Public Resources Code.
25151. The department may adopt varying regulations pursuant to
Section 25150, other than building standards for different areas of
the state depending on population density, climate, geology, types
and volumes of hazardous waste generated in the area, types of waste
treatment technology available in the area, and other factors
relevant to hazardous waste handling, processing, storing, recycling,
and disposal.
25152. Before adopting building standards or adopting or revising
other standards and regulations for the handling, processing,
storing, use, recycling, and disposal of hazardous and extremely
hazardous wastes, the department shall hold at least one public
hearing in Sacramento, or in a city within the area of the state to
be affected by the proposed regulations. Except as provided in
Section 18930, the department shall adopt the proposed regulations
after making changes or additions that are appropriate in view of the
evidence and testimony presented at the public hearing or hearings.
25152.5. (a) For purposes of this section, the following
definitions apply:
(1) "Unusual circumstances" means only the following:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
(C) The need to consult with another agency having a substantial
interest in the determination of whether to respond to the request.
(2) "Public records" means any public record, as defined in
Section 6252 of the Government Code, of the department relating to
this chapter, Chapter 6.7 (commencing with Section 25280), or Chapter
6.8 (commencing with Section 25300). "Public records" includes
unprinted information relating to this chapter, Chapter 6.7
(commencing with Section 25280), or Chapter 6.8 (commencing with
Section 25300) which is stored in data or word processing equipment
either owned by an employee and located on premises under control of
the department or owned by the department.
(b) Notwithstanding any other provision of law, the department
shall not limit the hours during the normal working day or limit the
number of working days during which public records are open for
inspection.
(c) Notwithstanding any other provision of law, the department
shall make public records which are not exempt from disclosure by
law, including Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code, promptly available to any
person, within the time limits specified in Section 6256 of the
Government Code, upon payment of a fee established by the department
to cover the direct costs of duplication, as specified in subdivision
(f). In addition, a person requesting copies by mail may be required
to pay the mailing costs.
If any portion of a record is exempt from disclosure, that part
which is not exempt shall be provided as prescribed in this section.
(d) Any person may request access to, or copies of, public records
of the department in person or by mail. A request shall reasonably
describe an identifiable record or information to be produced
therefrom.
(e) If the department determines that an unusual circumstance
exists, the department shall comply with the notification procedures
and the time limits specified in Section 6256.1 of the Government
Code.
(f) The department shall, upon request, provide any person with
the facts upon which it bases its determination of the direct costs
of copying for each page which is requested. The department shall not
impose a minimum fee for a copy of a public record which is greater
than its direct per page copying costs and the department shall not
impose limits on the types or amounts of public records which the
department will provide to persons requesting these records, upon
payment of any fees covering the direct costs of duplication by the
department.
(g) This section does not authorize the department, or any
employee of the department, to delay access for purposes of
inspecting or obtaining copies of public records, unless there are
unusual circumstances.
(h) Any denial of a request for records shall set forth in writing
the reasons for the denial and the names and titles or positions of
each person responsible for the denial. This written response shall
be provided to the requester within five working days of the denial.
25153. The offsite storage, treatment, transportation, and disposal
of extremely hazardous waste is subject to the same requirements
specified in this chapter that are applicable to hazardous waste and
the department shall not require any special or additional permits
for the offsite handling or management of extremely hazardous waste.
25153.6. (a) Any person generating or managing a RCRA hazardous
waste shall comply with subsection (a) of Section 3010 of the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
Sec. 6930(a)).
(b) Any person generating or managing a non-RCRA hazardous waste
shall comply with any notification requirements for non-RCRA
hazardous waste which the department adopts by regulation.
25154. It shall be unlawful for any person to manage any hazardous
waste except as provided for in this chapter or regulations adopted
by the department pursuant to this chapter.
25155. No extremely hazardous waste may be disposed of without
prior processing to remove its harmful properties or as specified by
the regulations of the department for the handling and disposal of
the particular extremely hazardous waste.
25155.8. (a) The operator of a landfill, land farm, or surface
impoundment, which is used for disposing or treating hazardous waste
which contains volatile organic compounds in concentrations of more
than 1 percent by weight, shall do both of the following:
(1) Monitor air emissions from the facility and report the
monitoring results semiannually to the department.
(2) Unless the department adopts regulations specifying monitoring
procedures and requirements, comply with the regulations adopted by
the Environmental Protection Agency pursuant to Section 6924(n) of
Title 42 of the United States Code.
(b) If the operator makes the reports specified in paragraph (1)
of subdivision (a) and complies with the federal regulations
specified in paragraph (2) of subdivision (a), the operator is in
compliance with subdivision (a).
25155.10. (a) The owner or operator of every commercial offsite
multiuser hazardous waste disposal facility shall develop a proposed
monitoring plan, in writing, for the monitoring of the ambient air
downwind and upwind from the facility. The plan shall include all of
the following:
(1) An identification of the constituents of hazardous wastes
accepted in the past and present which will be monitored. These
constituents shall be selected on the basis of pertinent factors,
which may include degree of toxicity, relative and absolute volume,
the potential for the constituent to volatilize or otherwise become
airborne, and the method by which the constituent is or was handled,
treated, and disposed.
(2) The type, procedures, and location of air sampling equipment
and the type and procedures of analytical equipment.
(3) The duration of each sampling period in hours, and the number
and time of sampling periods over a 12-month period.
(b) The proposed monitoring plan developed pursuant to subdivision
(a) shall be submitted to the department on or before October 1,
1987, and shall be updated as required by the department.
(c) The department, in consultation with the applicable air
pollution control district or air quality management district, shall
review and approve or require modification of the proposed monitoring
plan submitted pursuant to this section. The department shall
provide, in writing, a notice of any deficiencies in the plan to the
person who submitted the plan, who shall revise the plan to address
the noted deficiencies within 60 days after receiving the department'
s comments.
(d) If the department determines that a hazardous waste facility
which is required to develop a plan pursuant to subdivision (a) is
the source of a substance in the ambient air which poses a
significant threat to the public health or affects the quality of the
environment in such a way that could significantly threaten public
health, the department shall, pursuant to Section 25187, require the
facility operator to do both of the following:
(1) Develop a corrective action plan and submit the plan to the
department for approval or modification, within a schedule specified
by the department.
(2) Implement the corrective action plan, as approved by the
department, within the period specified by the department.
25156. The department shall develop and adopt regulations and
standards to implement Article 11 (commencing with Section 25220),
including, but not limited to, regulations which specify appropriate
procedural requirements for the hearings conducted pursuant to that
article. The department shall seek recommendations of the hazardous
waste technical advisory committee on the wording of proposed
regulations.
25157. Regulations adopted pursuant to this chapter may require the
treatment of extremely hazardous waste at the site of production
prior to any transportation, if the director determines that
treatment is necessary to provide safe transportation of the
extremely hazardous waste. No provision of this chapter shall be
construed to require disposal of hazardous waste at the site of
production, provided, that the transportation of the extremely
hazardous waste conforms to all applicable regulations.
25158. (a) Except as provided in subdivision (f), any person
generating hazardous waste, or owning or operating a facility for the
treatment, storage, or disposal of hazardous waste, shall file with
the director, or the director's designee, on a form provided by the
director, or the director's designee, a hazardous waste notification
statement. An amended statement shall be filed with the department
whenever there has been a substantial change in the information
provided on the previously filed notification statement. A person
shall not generate, treat, store, or dispose of hazardous waste,
unless the person files a notification statement with the director
pursuant to this section, unless exempted pursuant to subdivision
(f).
(b) A hazardous waste notification statement shall include all of
the following information:
(1) The name and address of the person owning the facility or
conducting the activity specified in subdivision (a).
(2) The address and location of the activity or facility,
including the city and county.
(3) The name and 24-hour telephone number of the contact person in
the event of an emergency involving the facility or activity.
(4) The quantities of hazardous waste annually handled pursuant to
the activity or at the facility.
(5) A description of the hazardous waste activity being conducted,
such as generation, treatment, storage, or disposal.
(6) A general description of the hazardous waste being handled.
(c) The department shall prepare and distribute the hazardous
waste notification statement forms. The form shall include a
statement which clearly states who is required to file the form. The
form shall also include a statement that the form is not a substitute
for the federal notification required by the Environmental
Protection Agency pursuant to subsection (a) of Section 6930 of Title
42 of the United States Code.
(d) Any person who is required to submit a hazardous waste
notification statement to the director pursuant to subdivision (a)
and who fails to do so is subject to a civil penalty of not less than
fifty dollars ($50) and not more than five hundred dollars ($500)
for each day for which the department does not receive a statement.
Any person who knowingly submits false information to the department
is subject to a civil penalty of not less than two thousand dollars
($2,000) and not more than twenty thousand dollars ($20,000) for each
day that the false information goes uncorrected.
(e) The director shall compile and organize the statements by the
city and county within which each activity and facility are located,
and shall transmit the compiled statements to the appropriate
regional offices, the California regional water quality control
boards, and the officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(f) Subdivision (a) does not apply to any of the following:
(1) A person who has filed notification with the Administrator of
the Environmental Protection Agency pursuant to subsection (a) of
Section 6930 of Title 42 of the United States Code.
(2) A person who only produces household hazardous waste, as
defined in subdivision (d) of Section 25218.1.
(3) Any person who owns property on which a cleanup of, or other
removal of, or remedial action to, a hazardous waste site is taking
place, or who is engaged in any of those activities on a hazardous
waste site.
25150. (a) The department shall adopt, and revise when appropriate,
standards and regulations for the management of hazardous wastes to
protect against hazards to the public health, to domestic livestock,
to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building Standards
Commission, the Office of Environmental Health Hazard Assessment, and
the California Integrated Waste Management Board.
25150.1. The requirements in Sections 25290.1, 25290.2, 25291, and
25292 apply to the construction, operation, maintenance, monitoring,
and testing of underground storage tanks, as defined in subdivision
(y) of Section 25281, that are required to obtain hazardous waste
facilities permits from the department. The department shall adopt
regulations implementing the requirements of Sections 25290.1,
25290.2, 25291, and 25292, for regulating the construction,
operation, maintenance, monitoring, and testing of underground
storage tanks used for the storage of hazardous wastes that are
necessary to protect against hazards to the public health, domestic
livestock, wildlife, or the environment.
25150.2. (a) The department shall adopt regulations, consistent
with federal law, concerning the transportation of hazardous waste
from this state across international boundaries. These regulations
shall include, but are not limited to, both of the following:
(1) All applicable federal regulations adopted pursuant to the
Resource Conservation and Recovery Act of 1976, as amended, (42
U.S.C. Sec. 6901 et seq.).
(2) Procedures to carry out Section 25160 for the purpose of
monitoring international transboundary shipments of hazardous waste.
(b) The department shall adopt procedures for the purpose of
receiving information collected by the Environmental Protection
Agency pursuant to Section 262.50 of Title 40 of the Code of Federal
Regulations concerning the transportation of hazardous waste across
international boundaries.
25150.3. The department shall adopt emergency regulations pursuant
to Section 11346.1 of the Government Code which ensure protection for
the public and the environment concerning hazardous waste held or
handled at transfer facilities.
25150.4. Not later than July 1, 1994, the administrator for oil
spill response in the Department of Fish and Game and the Director of
Toxic Substances Control shall jointly develop a preincident process
for the handling and transport of materials used or recovered during
an oil spill response. The preincident process shall ensure, through
advance approvals or other suitable advance procedures, that
materials can be expeditiously removed from cleanup areas consistent
with existing law. The process shall provide for, but not be limited
to, all of the following:
(a) Transport of materials to destinations where they may be
utilized in the manufacture of petroleum or other products.
(b) Transport of materials to locations which have already been
permitted for hazardous waste storage, treatment, transfer, resource
recovery, or disposal so that material categorization and destination
can be expeditiously determined.
(c) Transport of recyclable materials to appropriate locations in
a timely manner.
(d) Preapproved procedures for the temporary storage of materials.
25150.5. On or before July 1, 1995, the department shall revise any
standard or regulation it has adopted that requires the preparation
of a contingency plan, as that term is defined in Section 66260.10 of
Title 22 of the California Code of Regulations, to allow the person
preparing the contingency plan to use the format adopted pursuant to
Section 25503.4, if that person elects to use that format.
25150.6. (a) Except as provided in subdivisions (e) and (f), the
department, by regulation, may exempt a hazardous waste management
activity from one or more of the requirements of this chapter, if the
department does all of the following:
(1) Prepares an analysis of the hazardous waste management
activity to which the exemption will apply pursuant to subdivision
(b). The department shall first prepare the analysis as a preliminary
analysis and make it available to the public at the same time that
the department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt a regulation exempting the
hazardous waste management activity from one or more of the
requirements of this chapter. The department shall include, in the
notice, a reference that the department has prepared a preliminary
analysis and a statement concerning where a copy of the preliminary
analysis can be obtained. The information in the preliminary analysis
shall be updated and the department shall make the analysis
available to the public as a final analysis not less than 10 working
days prior to the date that the regulation is adopted.
(2) Demonstrates that one of the conclusions required by
subdivision (c) is valid.
(3) Imposes, as may be necessary, conditions and limitations on
the exemption that ensure that the exempted activity will not pose a
significant potential hazard to human health or safety or to the
environment.
(b) Before the department gives notice of a proposal to adopt a
regulation exempting a hazardous waste management activity from one
or more of the requirements of this chapter pursuant to subdivision
(a), and before the department adopts the regulation, the department
shall evaluate the hazardous waste management activity and prepare,
as required by paragraph (1) of subdivision (a), an analysis that
addresses all of the following aspects of the activity, to the extent
that the requirement or requirements from which the activity will be
exempted can affect these aspects of the activity:
(1) The types of hazardous waste streams and the estimated amounts
of hazardous waste that are managed as part of the activity and the
hazards to human health or safety or to the environment posed by
reasonably foreseeable mismanagement of those hazardous wastes and
their hazardous constituents. The estimate of the amounts of
hazardous waste that are managed as part of the activity shall be
based upon information reasonably available to the department.
(2) The complexity of the activity, and the amount and complexity
of operator training, equipment installation and maintenance, and
monitoring that are required to ensure that the activity is conducted
in a manner that safely and effectively manages the particular
hazardous waste stream.
(3) The chemical or physical hazards that are associated with the
activity and the degree to which those hazards are similar to, or
differ from, the chemical or physical hazards that are associated
with the production processes that are carried out in the facilities
that produce the hazardous waste that is managed as part of the
activity.
(4) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous waste
streams as part of the activity, the likely consequences of those
accidents, and the actual reasonably available accident history
associated with the activity.
(5) The types of locations at which the activity may be carried
out, an estimate of the number of these locations, and the types of
hazards that may be posed by proximity to the land uses described in
subdivision (b) of Section 25232. The estimate of the number of
locations at which the activity may be carried out shall be based
upon information reasonably available to the department.
(c) The department shall not give notice proposing the adoption
of, and the department may not adopt, a regulation pursuant to
subdivision (a) unless it first demonstrates, using the information
developed in the analysis prepared pursuant to subdivision (b), that
one of the following is valid:
(1) The requirement from which the activity is exempted is not
significant or important in either of the following:
(A) Preventing or mitigating potential hazards to human health or
safety or to the environment posed by the activity.
(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.
(2) A requirement is imposed and enforced by another public agency
that provides protection of human health and safety and the
environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, from which
the activity is being exempted.
(3) Conditions or limitations imposed on the exemption will
provide protection of human health and safety and the environment
equivalent to the requirement, or requirements, from which the
activity is exempted.
(4) Conditions or limitations imposed on the exemption accomplish
the same regulatory purpose as the requirement, or requirements, from
which the activity is being exempted but at less cost or greater
administrative convenience and without increasing potential risks to
human health or safety or to the environment.
(d) A regulation adopted pursuant to this section shall not be
deemed to meet the standard of necessity, pursuant to Section 11349.1
of the Government Code, unless the department has complied with
subdivisions (b) and (c).
(e) The department shall not exempt a hazardous waste management
activity from a requirement of this chapter or the regulations
adopted by the department if the requirement is also a requirement
for that activity under the federal act.
(f) (1) On and after January 1, 2002, the department may, by
regulation, exempt a hazardous waste management activity from one or
more of the requirements of this chapter pursuant to this section
only if the regulations govern the management of one of the hazardous
wastes listed in subparagraphs (A) to (E), inclusive, of paragraph
(2), the regulations identify the hazardous waste as a universal
waste, and the regulations amend the standards for universal waste
management set forth in Chapter 23 (commencing with Section 66273.1)
of Division 4.5 of Title 22 of the California Code of Regulations.
(2) The regulations that the department may adopt pursuant to
paragraph (1) shall govern only the following types of hazardous
waste:
(A) Electronic hazardous wastes, as the department may describe in
the regulations adopted pursuant to this subdivision.
(B) Hazardous waste batteries.
(C) Hazardous wastes containing mercury.
(D) Hazardous waste lamps.
(E) Lead-based painted debris that is a hazardous waste.
(g) The authority of the department to adopt regulations pursuant
to this section shall remain in effect only until January 1, 2008,
unless a later enacted statute, which is enacted before January 1,
2008, deletes or extends that date. This subdivision does not
invalidate any regulation adopted pursuant to this section prior to
the expiration of the department's authority.
25150.7. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section shall not be construed as setting
a precedent applicable to the management, including disposal, of
other hazardous wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 and following).
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25157.8, 25189.5, and 25201,
treated wood waste shall be disposed of in either a class I hazardous
waste landfill, or in a composite-lined portion of a solid waste
landfill unit that meets all requirements applicable to disposal of
municipal solid waste in California after October 9, 1993, and that
is regulated by waste discharge requirements issued pursuant to
Division 7 (commencing with Section 13000) of the Water Code for
discharges of designated waste, as defined in Section 13173 of the
Water Code, or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste so as to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided pursuant to subdivision (e) or regulations adopted
pursuant to subdivision (g).
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
(e) (1) Treated wood waste is exempt from the requirements of this
chapter if all of the following requirements are met:
(A) The treated wood waste is managed so as to prevent scavenging.
(B) The treated wood waste is not disposed of, except as allowed
pursuant to subdivision (d).
(C) The treated wood waste is not burned, recycled, reclaimed, or
reused, except in accordance with the applicable requirements of this
chapter and the regulations adopted pursuant to this chapter.
(D) On and after July 1, 2005, the treated wood waste is not
stored for more than 90 days and, when stored, is protected from
run-on and run-off, and placed on a surface sufficiently impervious
to prevent, to the extent practical, contact with and any leaching to
soil or water.
(E) The treated wood waste is not mixed with other wood waste
prior to disposal.
(F) The treated wood waste is handled in a manner consistent with
all applicable requirements of the California Occupational Safety and
Health Act of 1973 (Chapter 1 (commencing with Section 6300) of Part
1 of Division 5 of the Labor Code), including all rules,
regulations, and orders relating to hazardous waste.
(2) The exemption provided by this subdivision shall remain in
effect until January 1, 2007, and as of that date is inoperative.
(f) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point font, or larger, and contain
the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
/_/ Avoid contact with skin. Wear gloves and long sleeved shirts
when working with treated wood. Wash exposed areas thoroughly with
mild soap and water after working with treated wood.
/_/ Wear a dust mask when machining any wood to reduce the
inhalation of wood dusts. Avoid frequent or prolonged inhalation of
sawdust from treated wood. Machining operations should be performed
outdoors whenever possible to avoid indoor accumulations of airborne
sawdust.
/_/ Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
/_/ If preservative or sawdust accumulates on clothes, launder
before reuse. Wash work clothes separately from other household
clothing.
/_/ Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
/_/ Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
/_/ Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
/_/ Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
/_/ Do not use treated wood for mulch.
/_/ Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to (Web site) or call (toll free
number).
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractor's State
Licensing Board's available listings, and license application
packages. The department may provide guidance to the wood preserving
industry, to the extent resources permit.
(g) (1) On or before January 1, 2007, the department, in
consultation with the California Integrated Waste Management Board,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
(A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
(B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
(C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
(h) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (g) or
with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (g) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
(i) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
(j) Nothing in this section may be construed to limit the
authority or responsibility of the department to adopt regulations
under any other provision of law.
(k) On or before June 1, 2011, the department shall prepare and
post on its Web site a report that makes a determination regarding
the successful compliance with, and implementation of, this section.
(l) (1) This section shall become inoperative on June 1, 2012,
and, as of January 1, 2013 is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is repealed.
(2) Notwithstanding paragraph (1), any regulations adopted
pursuant to this section on or before June 1, 2012 shall continue in
force and effect after that date, until repealed or revised by the
department.
25150.8. If treated wood waste is accepted by a solid waste
landfill that manages and disposes of the treated wood waste in
accordance with Section 25143.1.5 or paragraphs (1) and (2) of
subdivision (d) of Section 25150.7, the treated wood waste, upon
acceptance by the solid waste landfill, shall thereafter be deemed to
be a solid waste, and not a hazardous waste, for purposes of this
chapter and Section 40191 of the Public Resources Code.
25151. The department may adopt varying regulations pursuant to
Section 25150, other than building standards for different areas of
the state depending on population density, climate, geology, types
and volumes of hazardous waste generated in the area, types of waste
treatment technology available in the area, and other factors
relevant to hazardous waste handling, processing, storing, recycling,
and disposal.
25152. Before adopting building standards or adopting or revising
other standards and regulations for the handling, processing,
storing, use, recycling, and disposal of hazardous and extremely
hazardous wastes, the department shall hold at least one public
hearing in Sacramento, or in a city within the area of the state to
be affected by the proposed regulations. Except as provided in
Section 18930, the department shall adopt the proposed regulations
after making changes or additions that are appropriate in view of the
evidence and testimony presented at the public hearing or hearings.
25152.5. (a) For purposes of this section, the following
definitions apply:
(1) "Unusual circumstances" means only the following:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
(C) The need to consult with another agency having a substantial
interest in the determination of whether to respond to the request.
(2) "Public records" means any public record, as defined in
Section 6252 of the Government Code, of the department relating to
this chapter, Chapter 6.7 (commencing with Section 25280), or Chapter
6.8 (commencing with Section 25300). "Public records" includes
unprinted information relating to this chapter, Chapter 6.7
(commencing with Section 25280), or Chapter 6.8 (commencing with
Section 25300) which is stored in data or word processing equipment
either owned by an employee and located on premises under control of
the department or owned by the department.
(b) Notwithstanding any other provision of law, the department
shall not limit the hours during the normal working day or limit the
number of working days during which public records are open for
inspection.
(c) Notwithstanding any other provision of law, the department
shall make public records which are not exempt from disclosure by
law, including Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code, promptly available to any
person, within the time limits specified in Section 6256 of the
Government Code, upon payment of a fee established by the department
to cover the direct costs of duplication, as specified in subdivision
(f). In addition, a person requesting copies by mail may be required
to pay the mailing costs.
If any portion of a record is exempt from disclosure, that part
which is not exempt shall be provided as prescribed in this section.
(d) Any person may request access to, or copies of, public records
of the department in person or by mail. A request shall reasonably
describe an identifiable record or information to be produced
therefrom.
(e) If the department determines that an unusual circumstance
exists, the department shall comply with the notification procedures
and the time limits specified in Section 6256.1 of the Government
Code.
(f) The department shall, upon request, provide any person with
the facts upon which it bases its determination of the direct costs
of copying for each page which is requested. The department shall not
impose a minimum fee for a copy of a public record which is greater
than its direct per page copying costs and the department shall not
impose limits on the types or amounts of public records which the
department will provide to persons requesting these records, upon
payment of any fees covering the direct costs of duplication by the
department.
(g) This section does not authorize the department, or any
employee of the department, to delay access for purposes of
inspecting or obtaining copies of public records, unless there are
unusual circumstances.
(h) Any denial of a request for records shall set forth in writing
the reasons for the denial and the names and titles or positions of
each person responsible for the denial. This written response shall
be provided to the requester within five working days of the denial.
25153. The offsite storage, treatment, transportation, and disposal
of extremely hazardous waste is subject to the same requirements
specified in this chapter that are applicable to hazardous waste and
the department shall not require any special or additional permits
for the offsite handling or management of extremely hazardous waste.
25153.6. (a) Any person generating or managing a RCRA hazardous
waste shall comply with subsection (a) of Section 3010 of the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
Sec. 6930(a)).
(b) Any person generating or managing a non-RCRA hazardous waste
shall comply with any notification requirements for non-RCRA
hazardous waste which the department adopts by regulation.
25154. It shall be unlawful for any person to manage any hazardous
waste except as provided for in this chapter or regulations adopted
by the department pursuant to this chapter.
25155. No extremely hazardous waste may be disposed of without
prior processing to remove its harmful properties or as specified by
the regulations of the department for the handling and disposal of
the particular extremely hazardous waste.
25155.8. (a) The operator of a landfill, land farm, or surface
impoundment, which is used for disposing or treating hazardous waste
which contains volatile organic compounds in concentrations of more
than 1 percent by weight, shall do both of the following:
(1) Monitor air emissions from the facility and report the
monitoring results semiannually to the department.
(2) Unless the department adopts regulations specifying monitoring
procedures and requirements, comply with the regulations adopted by
the Environmental Protection Agency pursuant to Section 6924(n) of
Title 42 of the United States Code.
(b) If the operator makes the reports specified in paragraph (1)
of subdivision (a) and complies with the federal regulations
specified in paragraph (2) of subdivision (a), the operator is in
compliance with subdivision (a).
25155.10. (a) The owner or operator of every commercial offsite
multiuser hazardous waste disposal facility shall develop a proposed
monitoring plan, in writing, for the monitoring of the ambient air
downwind and upwind from the facility. The plan shall include all of
the following:
(1) An identification of the constituents of hazardous wastes
accepted in the past and present which will be monitored. These
constituents shall be selected on the basis of pertinent factors,
which may include degree of toxicity, relative and absolute volume,
the potential for the constituent to volatilize or otherwise become
airborne, and the method by which the constituent is or was handled,
treated, and disposed.
(2) The type, procedures, and location of air sampling equipment
and the type and procedures of analytical equipment.
(3) The duration of each sampling period in hours, and the number
and time of sampling periods over a 12-month period.
(b) The proposed monitoring plan developed pursuant to subdivision
(a) shall be submitted to the department on or before October 1,
1987, and shall be updated as required by the department.
(c) The department, in consultation with the applicable air
pollution control district or air quality management district, shall
review and approve or require modification of the proposed monitoring
plan submitted pursuant to this section. The department shall
provide, in writing, a notice of any deficiencies in the plan to the
person who submitted the plan, who shall revise the plan to address
the noted deficiencies within 60 days after receiving the department'
s comments.
(d) If the department determines that a hazardous waste facility
which is required to develop a plan pursuant to subdivision (a) is
the source of a substance in the ambient air which poses a
significant threat to the public health or affects the quality of the
environment in such a way that could significantly threaten public
health, the department shall, pursuant to Section 25187, require the
facility operator to do both of the following:
(1) Develop a corrective action plan and submit the plan to the
department for approval or modification, within a schedule specified
by the department.
(2) Implement the corrective action plan, as approved by the
department, within the period specified by the department.
25156. The department shall develop and adopt regulations and
standards to implement Article 11 (commencing with Section 25220),
including, but not limited to, regulations which specify appropriate
procedural requirements for the hearings conducted pursuant to that
article. The department shall seek recommendations of the hazardous
waste technical advisory committee on the wording of proposed
regulations.
25157. Regulations adopted pursuant to this chapter may require the
treatment of extremely hazardous waste at the site of production
prior to any transportation, if the director determines that
treatment is necessary to provide safe transportation of the
extremely hazardous waste. No provision of this chapter shall be
construed to require disposal of hazardous waste at the site of
production, provided, that the transportation of the extremely
hazardous waste conforms to all applicable regulations.
25158. (a) Except as provided in subdivision (f), any person
generating hazardous waste, or owning or operating a facility for the
treatment, storage, or disposal of hazardous waste, shall file with
the director, or the director's designee, on a form provided by the
director, or the director's designee, a hazardous waste notification
statement. An amended statement shall be filed with the department
whenever there has been a substantial change in the information
provided on the previously filed notification statement. A person
shall not generate, treat, store, or dispose of hazardous waste,
unless the person files a notification statement with the director
pursuant to this section, unless exempted pursuant to subdivision
(f).
(b) A hazardous waste notification statement shall include all of
the following information:
(1) The name and address of the person owning the facility or
conducting the activity specified in subdivision (a).
(2) The address and location of the activity or facility,
including the city and county.
(3) The name and 24-hour telephone number of the contact person in
the event of an emergency involving the facility or activity.
(4) The quantities of hazardous waste annually handled pursuant to
the activity or at the facility.
(5) A description of the hazardous waste activity being conducted,
such as generation, treatment, storage, or disposal.
(6) A general description of the hazardous waste being handled.
(c) The department shall prepare and distribute the hazardous
waste notification statement forms. The form shall include a
statement which clearly states who is required to file the form. The
form shall also include a statement that the form is not a substitute
for the federal notification required by the Environmental
Protection Agency pursuant to subsection (a) of Section 6930 of Title
42 of the United States Code.
(d) Any person who is required to submit a hazardous waste
notification statement to the director pursuant to subdivision (a)
and who fails to do so is subject to a civil penalty of not less than
fifty dollars ($50) and not more than five hundred dollars ($500)
for each day for which the department does not receive a statement.
Any person who knowingly submits false information to the department
is subject to a civil penalty of not less than two thousand dollars
($2,000) and not more than twenty thousand dollars ($20,000) for each
day that the false information goes uncorrected.
(e) The director shall compile and organize the statements by the
city and county within which each activity and facility are located,
and shall transmit the compiled statements to the appropriate
regional offices, the California regional water quality control
boards, and the officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(f) Subdivision (a) does not apply to any of the following:
(1) A person who has filed notification with the Administrator of
the Environmental Protection Agency pursuant to subsection (a) of
Section 6930 of Title 42 of the United States Code.
(2) A person who only produces household hazardous waste, as
defined in subdivision (d) of Section 25218.1.
(3) Any person who owns property on which a cleanup of, or other
removal of, or remedial action to, a hazardous waste site is taking
place, or who is engaged in any of those activities on a hazardous
waste site.
25150. (a) The department shall adopt, and revise when appropriate,
standards and regulations for the management of hazardous wastes to
protect against hazards to the public health, to domestic livestock,
to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building Standards
Commission, the Office of Environmental Health Hazard Assessment, and
the California Integrated Waste Management Board.
25150.1. The requirements in Sections 25290.1, 25290.2, 25291, and
25292 apply to the construction, operation, maintenance, monitoring,
and testing of underground storage tanks, as defined in subdivision
(y) of Section 25281, that are required to obtain hazardous waste
facilities permits from the department. The department shall adopt
regulations implementing the requirements of Sections 25290.1,
25290.2, 25291, and 25292, for regulating the construction,
operation, maintenance, monitoring, and testing of underground
storage tanks used for the storage of hazardous wastes that are
necessary to protect against hazards to the public health, domestic
livestock, wildlife, or the environment.
25150.2. (a) The department shall adopt regulations, consistent
with federal law, concerning the transportation of hazardous waste
from this state across international boundaries. These regulations
shall include, but are not limited to, both of the following:
(1) All applicable federal regulations adopted pursuant to the
Resource Conservation and Recovery Act of 1976, as amended, (42
U.S.C. Sec. 6901 et seq.).
(2) Procedures to carry out Section 25160 for the purpose of
monitoring international transboundary shipments of hazardous waste.
(b) The department shall adopt procedures for the purpose of
receiving information collected by the Environmental Protection
Agency pursuant to Section 262.50 of Title 40 of the Code of Federal
Regulations concerning the transportation of hazardous waste across
international boundaries.
25150.3. The department shall adopt emergency regulations pursuant
to Section 11346.1 of the Government Code which ensure protection for
the public and the environment concerning hazardous waste held or
handled at transfer facilities.
25150.4. Not later than July 1, 1994, the administrator for oil
spill response in the Department of Fish and Game and the Director of
Toxic Substances Control shall jointly develop a preincident process
for the handling and transport of materials used or recovered during
an oil spill response. The preincident process shall ensure, through
advance approvals or other suitable advance procedures, that
materials can be expeditiously removed from cleanup areas consistent
with existing law. The process shall provide for, but not be limited
to, all of the following:
(a) Transport of materials to destinations where they may be
utilized in the manufacture of petroleum or other products.
(b) Transport of materials to locations which have already been
permitted for hazardous waste storage, treatment, transfer, resource
recovery, or disposal so that material categorization and destination
can be expeditiously determined.
(c) Transport of recyclable materials to appropriate locations in
a timely manner.
(d) Preapproved procedures for the temporary storage of materials.
25150.5. On or before July 1, 1995, the department shall revise any
standard or regulation it has adopted that requires the preparation
of a contingency plan, as that term is defined in Section 66260.10 of
Title 22 of the California Code of Regulations, to allow the person
preparing the contingency plan to use the format adopted pursuant to
Section 25503.4, if that person elects to use that format.
25150.6. (a) Except as provided in subdivisions (e) and (f), the
department, by regulation, may exempt a hazardous waste management
activity from one or more of the requirements of this chapter, if the
department does all of the following:
(1) Prepares an analysis of the hazardous waste management
activity to which the exemption will apply pursuant to subdivision
(b). The department shall first prepare the analysis as a preliminary
analysis and make it available to the public at the same time that
the department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt a regulation exempting the
hazardous waste management activity from one or more of the
requirements of this chapter. The department shall include, in the
notice, a reference that the department has prepared a preliminary
analysis and a statement concerning where a copy of the preliminary
analysis can be obtained. The information in the preliminary analysis
shall be updated and the department shall make the analysis
available to the public as a final analysis not less than 10 working
days prior to the date that the regulation is adopted.
(2) Demonstrates that one of the conclusions required by
subdivision (c) is valid.
(3) Imposes, as may be necessary, conditions and limitations on
the exemption that ensure that the exempted activity will not pose a
significant potential hazard to human health or safety or to the
environment.
(b) Before the department gives notice of a proposal to adopt a
regulation exempting a hazardous waste management activity from one
or more of the requirements of this chapter pursuant to subdivision
(a), and before the department adopts the regulation, the department
shall evaluate the hazardous waste management activity and prepare,
as required by paragraph (1) of subdivision (a), an analysis that
addresses all of the following aspects of the activity, to the extent
that the requirement or requirements from which the activity will be
exempted can affect these aspects of the activity:
(1) The types of hazardous waste streams and the estimated amounts
of hazardous waste that are managed as part of the activity and the
hazards to human health or safety or to the environment posed by
reasonably foreseeable mismanagement of those hazardous wastes and
their hazardous constituents. The estimate of the amounts of
hazardous waste that are managed as part of the activity shall be
based upon information reasonably available to the department.
(2) The complexity of the activity, and the amount and complexity
of operator training, equipment installation and maintenance, and
monitoring that are required to ensure that the activity is conducted
in a manner that safely and effectively manages the particular
hazardous waste stream.
(3) The chemical or physical hazards that are associated with the
activity and the degree to which those hazards are similar to, or
differ from, the chemical or physical hazards that are associated
with the production processes that are carried out in the facilities
that produce the hazardous waste that is managed as part of the
activity.
(4) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous waste
streams as part of the activity, the likely consequences of those
accidents, and the actual reasonably available accident history
associated with the activity.
(5) The types of locations at which the activity may be carried
out, an estimate of the number of these locations, and the types of
hazards that may be posed by proximity to the land uses described in
subdivision (b) of Section 25232. The estimate of the number of
locations at which the activity may be carried out shall be based
upon information reasonably available to the department.
(c) The department shall not give notice proposing the adoption
of, and the department may not adopt, a regulation pursuant to
subdivision (a) unless it first demonstrates, using the information
developed in the analysis prepared pursuant to subdivision (b), that
one of the following is valid:
(1) The requirement from which the activity is exempted is not
significant or important in either of the following:
(A) Preventing or mitigating potential hazards to human health or
safety or to the environment posed by the activity.
(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.
(2) A requirement is imposed and enforced by another public agency
that provides protection of human health and safety and the
environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, from which
the activity is being exempted.
(3) Conditions or limitations imposed on the exemption will
provide protection of human health and safety and the environment
equivalent to the requirement, or requirements, from which the
activity is exempted.
(4) Conditions or limitations imposed on the exemption accomplish
the same regulatory purpose as the requirement, or requirements, from
which the activity is being exempted but at less cost or greater
administrative convenience and without increasing potential risks to
human health or safety or to the environment.
(d) A regulation adopted pursuant to this section shall not be
deemed to meet the standard of necessity, pursuant to Section 11349.1
of the Government Code, unless the department has complied with
subdivisions (b) and (c).
(e) The department shall not exempt a hazardous waste management
activity from a requirement of this chapter or the regulations
adopted by the department if the requirement is also a requirement
for that activity under the federal act.
(f) (1) On and after January 1, 2002, the department may, by
regulation, exempt a hazardous waste management activity from one or
more of the requirements of this chapter pursuant to this section
only if the regulations govern the management of one of the hazardous
wastes listed in subparagraphs (A) to (E), inclusive, of paragraph
(2), the regulations identify the hazardous waste as a universal
waste, and the regulations amend the standards for universal waste
management set forth in Chapter 23 (commencing with Section 66273.1)
of Division 4.5 of Title 22 of the California Code of Regulations.
(2) The regulations that the department may adopt pursuant to
paragraph (1) shall govern only the following types of hazardous
waste:
(A) Electronic hazardous wastes, as the department may describe in
the regulations adopted pursuant to this subdivision.
(B) Hazardous waste batteries.
(C) Hazardous wastes containing mercury.
(D) Hazardous waste lamps.
(E) Lead-based painted debris that is a hazardous waste.
(g) The authority of the department to adopt regulations pursuant
to this section shall remain in effect only until January 1, 2008,
unless a later enacted statute, which is enacted before January 1,
2008, deletes or extends that date. This subdivision does not
invalidate any regulation adopted pursuant to this section prior to
the expiration of the department's authority.
25150.7. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section shall not be construed as setting
a precedent applicable to the management, including disposal, of
other hazardous wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 and following).
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25157.8, 25189.5, and 25201,
treated wood waste shall be disposed of in either a class I hazardous
waste landfill, or in a composite-lined portion of a solid waste
landfill unit that meets all requirements applicable to disposal of
municipal solid waste in California after October 9, 1993, and that
is regulated by waste discharge requirements issued pursuant to
Division 7 (commencing with Section 13000) of the Water Code for
discharges of designated waste, as defined in Section 13173 of the
Water Code, or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste so as to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided pursuant to subdivision (e) or regulations adopted
pursuant to subdivision (g).
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
(e) (1) Treated wood waste is exempt from the requirements of this
chapter if all of the following requirements are met:
(A) The treated wood waste is managed so as to prevent scavenging.
(B) The treated wood waste is not disposed of, except as allowed
pursuant to subdivision (d).
(C) The treated wood waste is not burned, recycled, reclaimed, or
reused, except in accordance with the applicable requirements of this
chapter and the regulations adopted pursuant to this chapter.
(D) On and after July 1, 2005, the treated wood waste is not
stored for more than 90 days and, when stored, is protected from
run-on and run-off, and placed on a surface sufficiently impervious
to prevent, to the extent practical, contact with and any leaching to
soil or water.
(E) The treated wood waste is not mixed with other wood waste
prior to disposal.
(F) The treated wood waste is handled in a manner consistent with
all applicable requirements of the California Occupational Safety and
Health Act of 1973 (Chapter 1 (commencing with Section 6300) of Part
1 of Division 5 of the Labor Code), including all rules,
regulations, and orders relating to hazardous waste.
(2) The exemption provided by this subdivision shall remain in
effect until January 1, 2007, and as of that date is inoperative.
(f) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point font, or larger, and contain
the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
/_/ Avoid contact with skin. Wear gloves and long sleeved shirts
when working with treated wood. Wash exposed areas thoroughly with
mild soap and water after working with treated wood.
/_/ Wear a dust mask when machining any wood to reduce the
inhalation of wood dusts. Avoid frequent or prolonged inhalation of
sawdust from treated wood. Machining operations should be performed
outdoors whenever possible to avoid indoor accumulations of airborne
sawdust.
/_/ Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
/_/ If preservative or sawdust accumulates on clothes, launder
before reuse. Wash work clothes separately from other household
clothing.
/_/ Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
/_/ Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
/_/ Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
/_/ Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
/_/ Do not use treated wood for mulch.
/_/ Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to (Web site) or call (toll free
number).
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractor's State
Licensing Board's available listings, and license application
packages. The department may provide guidance to the wood preserving
industry, to the extent resources permit.
(g) (1) On or before January 1, 2007, the department, in
consultation with the California Integrated Waste Management Board,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
(A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
(B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
(C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
(h) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (g) or
with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (g) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
(i) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
(j) Nothing in this section may be construed to limit the
authority or responsibility of the department to adopt regulations
under any other provision of law.
(k) On or before June 1, 2011, the department shall prepare and
post on its Web site a report that makes a determination regarding
the successful compliance with, and implementation of, this section.
(l) (1) This section shall become inoperative on June 1, 2012,
and, as of January 1, 2013 is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is repealed.
(2) Notwithstanding paragraph (1), any regulations adopted
pursuant to this section on or before June 1, 2012 shall continue in
force and effect after that date, until repealed or revised by the
department.
25150.8. If treated wood waste is accepted by a solid waste
landfill that manages and disposes of the treated wood waste in
accordance with Section 25143.1.5 or paragraphs (1) and (2) of
subdivision (d) of Section 25150.7, the treated wood waste, upon
acceptance by the solid waste landfill, shall thereafter be deemed to
be a solid waste, and not a hazardous waste, for purposes of this
chapter and Section 40191 of the Public Resources Code.
25151. The department may adopt varying regulations pursuant to
Section 25150, other than building standards for different areas of
the state depending on population density, climate, geology, types
and volumes of hazardous waste generated in the area, types of waste
treatment technology available in the area, and other factors
relevant to hazardous waste handling, processing, storing, recycling,
and disposal.
25152. Before adopting building standards or adopting or revising
other standards and regulations for the handling, processing,
storing, use, recycling, and disposal of hazardous and extremely
hazardous wastes, the department shall hold at least one public
hearing in Sacramento, or in a city within the area of the state to
be affected by the proposed regulations. Except as provided in
Section 18930, the department shall adopt the proposed regulations
after making changes or additions that are appropriate in view of the
evidence and testimony presented at the public hearing or hearings.
25152.5. (a) For purposes of this section, the following
definitions apply:
(1) "Unusual circumstances" means only the following:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
(C) The need to consult with another agency having a substantial
interest in the determination of whether to respond to the request.
(2) "Public records" means any public record, as defined in
Section 6252 of the Government Code, of the department relating to
this chapter, Chapter 6.7 (commencing with Section 25280), or Chapter
6.8 (commencing with Section 25300). "Public records" includes
unprinted information relating to this chapter, Chapter 6.7
(commencing with Section 25280), or Chapter 6.8 (commencing with
Section 25300) which is stored in data or word processing equipment
either owned by an employee and located on premises under control of
the department or owned by the department.
(b) Notwithstanding any other provision of law, the department
shall not limit the hours during the normal working day or limit the
number of working days during which public records are open for
inspection.
(c) Notwithstanding any other provision of law, the department
shall make public records which are not exempt from disclosure by
law, including Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code, promptly available to any
person, within the time limits specified in Section 6256 of the
Government Code, upon payment of a fee established by the department
to cover the direct costs of duplication, as specified in subdivision
(f). In addition, a person requesting copies by mail may be required
to pay the mailing costs.
If any portion of a record is exempt from disclosure, that part
which is not exempt shall be provided as prescribed in this section.
(d) Any person may request access to, or copies of, public records
of the department in person or by mail. A request shall reasonably
describe an identifiable record or information to be produced
therefrom.
(e) If the department determines that an unusual circumstance
exists, the department shall comply with the notification procedures
and the time limits specified in Section 6256.1 of the Government
Code.
(f) The department shall, upon request, provide any person with
the facts upon which it bases its determination of the direct costs
of copying for each page which is requested. The department shall not
impose a minimum fee for a copy of a public record which is greater
than its direct per page copying costs and the department shall not
impose limits on the types or amounts of public records which the
department will provide to persons requesting these records, upon
payment of any fees covering the direct costs of duplication by the
department.
(g) This section does not authorize the department, or any
employee of the department, to delay access for purposes of
inspecting or obtaining copies of public records, unless there are
unusual circumstances.
(h) Any denial of a request for records shall set forth in writing
the reasons for the denial and the names and titles or positions of
each person responsible for the denial. This written response shall
be provided to the requester within five working days of the denial.
25153. The offsite storage, treatment, transportation, and disposal
of extremely hazardous waste is subject to the same requirements
specified in this chapter that are applicable to hazardous waste and
the department shall not require any special or additional permits
for the offsite handling or management of extremely hazardous waste.
25153.6. (a) Any person generating or managing a RCRA hazardous
waste shall comply with subsection (a) of Section 3010 of the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
Sec. 6930(a)).
(b) Any person generating or managing a non-RCRA hazardous waste
shall comply with any notification requirements for non-RCRA
hazardous waste which the department adopts by regulation.
25154. It shall be unlawful for any person to manage any hazardous
waste except as provided for in this chapter or regulations adopted
by the department pursuant to this chapter.
25155. No extremely hazardous waste may be disposed of without
prior processing to remove its harmful properties or as specified by
the regulations of the department for the handling and disposal of
the particular extremely hazardous waste.
25155.8. (a) The operator of a landfill, land farm, or surface
impoundment, which is used for disposing or treating hazardous waste
which contains volatile organic compounds in concentrations of more
than 1 percent by weight, shall do both of the following:
(1) Monitor air emissions from the facility and report the
monitoring results semiannually to the department.
(2) Unless the department adopts regulations specifying monitoring
procedures and requirements, comply with the regulations adopted by
the Environmental Protection Agency pursuant to Section 6924(n) of
Title 42 of the United States Code.
(b) If the operator makes the reports specified in paragraph (1)
of subdivision (a) and complies with the federal regulations
specified in paragraph (2) of subdivision (a), the operator is in
compliance with subdivision (a).
25155.10. (a) The owner or operator of every commercial offsite
multiuser hazardous waste disposal facility shall develop a proposed
monitoring plan, in writing, for the monitoring of the ambient air
downwind and upwind from the facility. The plan shall include all of
the following:
(1) An identification of the constituents of hazardous wastes
accepted in the past and present which will be monitored. These
constituents shall be selected on the basis of pertinent factors,
which may include degree of toxicity, relative and absolute volume,
the potential for the constituent to volatilize or otherwise become
airborne, and the method by which the constituent is or was handled,
treated, and disposed.
(2) The type, procedures, and location of air sampling equipment
and the type and procedures of analytical equipment.
(3) The duration of each sampling period in hours, and the number
and time of sampling periods over a 12-month period.
(b) The proposed monitoring plan developed pursuant to subdivision
(a) shall be submitted to the department on or before October 1,
1987, and shall be updated as required by the department.
(c) The department, in consultation with the applicable air
pollution control district or air quality management district, shall
review and approve or require modification of the proposed monitoring
plan submitted pursuant to this section. The department shall
provide, in writing, a notice of any deficiencies in the plan to the
person who submitted the plan, who shall revise the plan to address
the noted deficiencies within 60 days after receiving the department'
s comments.
(d) If the department determines that a hazardous waste facility
which is required to develop a plan pursuant to subdivision (a) is
the source of a substance in the ambient air which poses a
significant threat to the public health or affects the quality of the
environment in such a way that could significantly threaten public
health, the department shall, pursuant to Section 25187, require the
facility operator to do both of the following:
(1) Develop a corrective action plan and submit the plan to the
department for approval or modification, within a schedule specified
by the department.
(2) Implement the corrective action plan, as approved by the
department, within the period specified by the department.
25156. The department shall develop and adopt regulations and
standards to implement Article 11 (commencing with Section 25220),
including, but not limited to, regulations which specify appropriate
procedural requirements for the hearings conducted pursuant to that
article. The department shall seek recommendations of the hazardous
waste technical advisory committee on the wording of proposed
regulations.
25157. Regulations adopted pursuant to this chapter may require the
treatment of extremely hazardous waste at the site of production
prior to any transportation, if the director determines that
treatment is necessary to provide safe transportation of the
extremely hazardous waste. No provision of this chapter shall be
construed to require disposal of hazardous waste at the site of
production, provided, that the transportation of the extremely
hazardous waste conforms to all applicable regulations.
25158. (a) Except as provided in subdivision (f), any person
generating hazardous waste, or owning or operating a facility for the
treatment, storage, or disposal of hazardous waste, shall file with
the director, or the director's designee, on a form provided by the
director, or the director's designee, a hazardous waste notification
statement. An amended statement shall be filed with the department
whenever there has been a substantial change in the information
provided on the previously filed notification statement. A person
shall not generate, treat, store, or dispose of hazardous waste,
unless the person files a notification statement with the director
pursuant to this section, unless exempted pursuant to subdivision
(f).
(b) A hazardous waste notification statement shall include all of
the following information:
(1) The name and address of the person owning the facility or
conducting the activity specified in subdivision (a).
(2) The address and location of the activity or facility,
including the city and county.
(3) The name and 24-hour telephone number of the contact person in
the event of an emergency involving the facility or activity.
(4) The quantities of hazardous waste annually handled pursuant to
the activity or at the facility.
(5) A description of the hazardous waste activity being conducted,
such as generation, treatment, storage, or disposal.
(6) A general description of the hazardous waste being handled.
(c) The department shall prepare and distribute the hazardous
waste notification statement forms. The form shall include a
statement which clearly states who is required to file the form. The
form shall also include a statement that the form is not a substitute
for the federal notification required by the Environmental
Protection Agency pursuant to subsection (a) of Section 6930 of Title
42 of the United States Code.
(d) Any person who is required to submit a hazardous waste
notification statement to the director pursuant to subdivision (a)
and who fails to do so is subject to a civil penalty of not less than
fifty dollars ($50) and not more than five hundred dollars ($500)
for each day for which the department does not receive a statement.
Any person who knowingly submits false information to the department
is subject to a civil penalty of not less than two thousand dollars
($2,000) and not more than twenty thousand dollars ($20,000) for each
day that the false information goes uncorrected.
(e) The director shall compile and organize the statements by the
city and county within which each activity and facility are located,
and shall transmit the compiled statements to the appropriate
regional offices, the California regional water quality control
boards, and the officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(f) Subdivision (a) does not apply to any of the following:
(1) A person who has filed notification with the Administrator of
the Environmental Protection Agency pursuant to subsection (a) of
Section 6930 of Title 42 of the United States Code.
(2) A person who only produces household hazardous waste, as
defined in subdivision (d) of Section 25218.1.
(3) Any person who owns property on which a cleanup of, or other
removal of, or remedial action to, a hazardous waste site is taking
place, or who is engaged in any of those activities on a hazardous
waste site.
