25207. The Legislature finds and declares all of the following:
(a) Small agriculture-related operations need an appropriate and
economic means of disposing of banned, unregistered, or outdated
agricultural wastes.
(b) An awareness of the problems caused by agricultural wastes has
increased as information has become available from the planning
process for county hazardous waste management plans conducted
pursuant to Article 3.5 (commencing with Section 25135).
(c) Banned, unregistered, or outdated agricultural wastes are
located in rural areas.
(d) The abandonment or illegal disposal of these agricultural
wastes is a threat to water supplies and wildlife habitat.
25207.1. For purposes of this article, the following definitions
apply:
(a) "Banned or unregistered agricultural waste" means a hazardous
waste, as defined in Section 25117, including an extremely hazardous
waste, containing an economic poison for which the Administrator of
the Environmental Protection Agency has canceled or suspended its
registration after purchase pursuant to Part 164 (commencing with
Section 164.1) of Subchapter E of Chapter 1 of Title 40 of the Code
of Federal Regulations, or for which the Director of Pesticide
Regulation has canceled or suspended its registration after purchase
pursuant to Section 12825, 12826, 12827, or 12827.5 of the Food and
Agricultural Code.
(b) "Economic poison" means an economic poison, as defined in
Section 12753 of the Food and Agricultural Code.
(c) "Eligible participant" means any of the following:
(1) Any person who stores not more than 500 kilograms of banned,
unregistered, or outdated agricultural wastes and operates any of the
following:
(A) A farm for the purpose of cultivating the soil or raising any
agricultural or horticultural commodity.
(B) An agricultural pest control business.
(C) An agricultural pesticide dealership.
(D) A park, cemetery, or golf course.
(2) A governmental agency which performs pest control work and
stores not more than 500 kilograms of banned, unregistered, or
outdated agricultural wastes.
(3) A business concern which primarily conducts operations
relating to agriculture and stores not more than 500 kilograms of
banned, unregistered, or outdated agricultural wastes.
(d) "Outdated agricultural waste" means an economic poison which
can be classified as a retrograde material, as defined in Section
25121.5.
(e) "Registrant" has the same meaning as defined in Section 12755
of the Food and Agricultural Code.
25207.2. (a) A county may develop and establish a collection
program for the collection of banned, unregistered, or outdated
agricultural wastes, which shall be implemented and operated pursuant
to this article. In implementing this collection program, the county
may consult with the department, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, licensed
agricultural pest control operators, agricultural pest control
advisers, and the University of California.
(b) A county may implement a collection program with the
assistance of the county agricultural commissioner.
(c) If a county implements a collection program pursuant to this
article, the program shall include the education of eligible
participants on the procedures for the disposal of banned,
unregistered, or outdated agricultural wastes, and on problems
concerning liability with regard to that disposal.
25207.3. A participating county shall conduct a survey to identify
all eligible participants in the county, within 180 days after the
county elects to implement this article, to assess the amount, kind,
and conditions of the banned, unregistered, or outdated agricultural
waste which will be collected by the program. The survey shall
include, but not be limited to, an evaluation of the banned,
unregistered, or outdated agricultural waste to determine if it is
securely contained, requires a removal or remedial action, whether
the contents of the wastes are known, and whether it is clearly
labeled.
25207.4. If a county implements a collection program that includes
collection sites for the dropoff of banned, unregistered, or outdated
agricultural wastes by eligible participants, the county shall, upon
selection of the sites, complete and submit to the department, for
review and approval, all of the following:
(a) An application for Hazardous Waste Identification Numbers for
each collection site.
(b) A completed application for an extremely hazardous waste
disposal permit, which shall identify the collection site.
(c) A notification to operate each collection site under a
permit-by-rule.
25207.5. (a) Except as provided in subdivision (b), for purposes of
this article, all eligible participants who transport banned,
unregistered, or outdated agricultural wastes which are identified in
the survey conducted pursuant to Section 25207.3, and which are
prepackaged in accordance with the federal regulations specified in
subdivision (a) of Section 25207.6 and transported to the collection
site in accordance with subdivision (c) of Section 25207.6, or who
transport banned, unregistered, or outdated agricultural wastes which
are rejected at the collection site and required to be transported
back to the point of origin, are exempt from all of the following:
(1) The requirements for hazardous waste transporter registration
specified in Section 25163.
(2) The manifest requirement specified in subdivision (c) of
Section 25160.
(3) The volume and weight limits specified in subdivision (c) of
Section 25163.
(4) The requirement to obtain an extremely hazardous waste
disposal permit pursuant to Chapter 43 (commencing with Section
67430.1) of Division 4.5 of Title 22 of the California Code of
Regulations.
(b) Notwithstanding subdivision (a), any eligible participant who
generates more than 100 kilograms per month of any RCRA hazardous
waste or more than one kilogram per month of any extremely hazardous
waste shall obtain a hazardous waste identification number and use a
manifest as specified in subdivision (a) of Section 25160, when
transporting banned, unregistered, or outdated agricultural wastes
subject to a collection program, which shall be completed in
accordance with the regulations set forth in Part B (commencing with
Section 262.20) of Part 262 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations. The eligible participant shall
complete and process the manifest in the following manner:
(1) The blue copy of the manifest shall be sent to the department.
(2) The designated site for the collection of the banned,
unregistered, or outdated agricultural wastes shall be listed in
Block 9 of the manifest.
(3) The eligible participant shall sign the manifest as both the
generator and the transporter, and sign in both Block 16 and Block 17
of the manifest.
(c) Any eligible participant who transports banned, unregistered,
or outdated agricultural wastes pursuant to this section shall
transport the waste by himself or herself or by an employee of the
eligible participant, and the vehicle shall be owned by the eligible
participant.
25207.6. All eligible participants shall handle banned,
unregistered, or outdated agricultural wastes that are transported
pursuant to Section 25207.5 in the following manner:
(a) The wastes shall be prepackaged in accordance with the
regulations adopted by the federal Department of Transportation.
(b) The wastes shall be accompanied by a shipping paper with the
information required by the federal Department of Transportation for
100 kilograms or less of RCRA or any non-RCRA waste.
(c) The wastes shall be transported in accordance with the Vehicle
Code and the regulations adopted by the Department of the California
Highway Patrol pursuant to subdivision (b) of Section 34501 of the
Vehicle Code.
25207.7. The county shall act as the operator of the designated
site for the collection of the wastes and shall comply with the
regulations adopted pursuant to Section 25160 as the operator of that
facility, as specified in Section 25207.13.
25207.8. The banned, unregistered, or outdated agricultural wastes
transported from the collection site shall be transported by a
registered hazardous waste transporter to an offsite hazardous waste
disposal facility and a manifest shall be completed for the wastes in
accordance with Sections 25160 and 25163. The wastes shall also be
handled and transported in accordance with the regulations adopted by
the Environmental Protection Agency pertaining to the management of
hazardous waste, including, but not limited to, the regulations
specified in Part 260 (commencing with Section 260.1) to Part 270
(commencing with Section 270.1), inclusive, of Subchapter I of
Chapter 1 of the Code of Federal Regulations, the regulations adopted
by the federal Department of Transportation concerning the
transportation of hazardous materials, and any applicable state laws
or regulations.
25207.9. A report regarding any transportation accident involving
banned, unregistered, or outdated agricultural wastes that are
transported pursuant to a collection program shall be submitted to
the department by the participating county within 10 days of the
incident.
25207.10. (a) A county implementing a collection program pursuant
to this article shall charge a fee to eligible participants to cover
the county's costs of implementing the program, including, but not
limited to, the costs of collecting, handling, transporting,
treating, recycling, and disposing of the wastes. The county shall
transfer 10 percent of the fees that are collected pursuant to this
subdivision to the department, within 60 days from the date of
collection, for deposit in the Hazardous Waste Control Account, for
expenditure by the department, upon appropriation by the Legislature,
for purposes of implementing this article.
(b) A county implementing a collection program pursuant to this
article may also charge a fee to eligible participants to cover
registration fees, administrative costs, and overhead expenses.
25207.11. The collection program shall require, when economically
feasible, that the banned, unregistered, or outdated agricultural
wastes which are collected are recycled. If not recycled, the wastes
shall be treated or disposed of in compliance with this chapter.
25207.12. (a) Any eligible participant who submits banned,
unregistered, or outdated agricultural wastes for collection in a
program established pursuant to this article is exempt from the fees
and reimbursements required by Sections 25174.1, 25205.2, 25205.5,
and 25205.7, with regard to the wastes submitted for collection.
(b) An eligible participant who submits banned, unregistered, or
outdated agricultural wastes for collection is exempt from the
hazardous waste facilities permit requirements of Section 25201 with
regard to the management of the wastes submitted for collection.
(c) A county operating a collection program in compliance with
this article shall not be held liable in any cost recovery action
brought pursuant to Section 25360 for any hazardous waste which has
been properly handled and transported to an authorized hazardous
waste treatment or disposal facility, in compliance with this
chapter, at a location other than that of the collection program.
25207.13. For purposes of complying with the manifest requirements
of subdivision (b) of Section 25160, a county which collects banned,
unregistered, or outdated agricultural wastes pursuant to this
article shall be deemed to be the person who produced the hazardous
waste, if the banned, unregistered, or outdated agricultural wastes
collected by the county is labeled and no remedial or removal action
is required.
25207. The Legislature finds and declares all of the following:
(a) Small agriculture-related operations need an appropriate and
economic means of disposing of banned, unregistered, or outdated
agricultural wastes.
(b) An awareness of the problems caused by agricultural wastes has
increased as information has become available from the planning
process for county hazardous waste management plans conducted
pursuant to Article 3.5 (commencing with Section 25135).
(c) Banned, unregistered, or outdated agricultural wastes are
located in rural areas.
(d) The abandonment or illegal disposal of these agricultural
wastes is a threat to water supplies and wildlife habitat.
25207.1. For purposes of this article, the following definitions
apply:
(a) "Banned or unregistered agricultural waste" means a hazardous
waste, as defined in Section 25117, including an extremely hazardous
waste, containing an economic poison for which the Administrator of
the Environmental Protection Agency has canceled or suspended its
registration after purchase pursuant to Part 164 (commencing with
Section 164.1) of Subchapter E of Chapter 1 of Title 40 of the Code
of Federal Regulations, or for which the Director of Pesticide
Regulation has canceled or suspended its registration after purchase
pursuant to Section 12825, 12826, 12827, or 12827.5 of the Food and
Agricultural Code.
(b) "Economic poison" means an economic poison, as defined in
Section 12753 of the Food and Agricultural Code.
(c) "Eligible participant" means any of the following:
(1) Any person who stores not more than 500 kilograms of banned,
unregistered, or outdated agricultural wastes and operates any of the
following:
(A) A farm for the purpose of cultivating the soil or raising any
agricultural or horticultural commodity.
(B) An agricultural pest control business.
(C) An agricultural pesticide dealership.
(D) A park, cemetery, or golf course.
(2) A governmental agency which performs pest control work and
stores not more than 500 kilograms of banned, unregistered, or
outdated agricultural wastes.
(3) A business concern which primarily conducts operations
relating to agriculture and stores not more than 500 kilograms of
banned, unregistered, or outdated agricultural wastes.
(d) "Outdated agricultural waste" means an economic poison which
can be classified as a retrograde material, as defined in Section
25121.5.
(e) "Registrant" has the same meaning as defined in Section 12755
of the Food and Agricultural Code.
25207.2. (a) A county may develop and establish a collection
program for the collection of banned, unregistered, or outdated
agricultural wastes, which shall be implemented and operated pursuant
to this article. In implementing this collection program, the county
may consult with the department, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, licensed
agricultural pest control operators, agricultural pest control
advisers, and the University of California.
(b) A county may implement a collection program with the
assistance of the county agricultural commissioner.
(c) If a county implements a collection program pursuant to this
article, the program shall include the education of eligible
participants on the procedures for the disposal of banned,
unregistered, or outdated agricultural wastes, and on problems
concerning liability with regard to that disposal.
25207.3. A participating county shall conduct a survey to identify
all eligible participants in the county, within 180 days after the
county elects to implement this article, to assess the amount, kind,
and conditions of the banned, unregistered, or outdated agricultural
waste which will be collected by the program. The survey shall
include, but not be limited to, an evaluation of the banned,
unregistered, or outdated agricultural waste to determine if it is
securely contained, requires a removal or remedial action, whether
the contents of the wastes are known, and whether it is clearly
labeled.
25207.4. If a county implements a collection program that includes
collection sites for the dropoff of banned, unregistered, or outdated
agricultural wastes by eligible participants, the county shall, upon
selection of the sites, complete and submit to the department, for
review and approval, all of the following:
(a) An application for Hazardous Waste Identification Numbers for
each collection site.
(b) A completed application for an extremely hazardous waste
disposal permit, which shall identify the collection site.
(c) A notification to operate each collection site under a
permit-by-rule.
25207.5. (a) Except as provided in subdivision (b), for purposes of
this article, all eligible participants who transport banned,
unregistered, or outdated agricultural wastes which are identified in
the survey conducted pursuant to Section 25207.3, and which are
prepackaged in accordance with the federal regulations specified in
subdivision (a) of Section 25207.6 and transported to the collection
site in accordance with subdivision (c) of Section 25207.6, or who
transport banned, unregistered, or outdated agricultural wastes which
are rejected at the collection site and required to be transported
back to the point of origin, are exempt from all of the following:
(1) The requirements for hazardous waste transporter registration
specified in Section 25163.
(2) The manifest requirement specified in subdivision (c) of
Section 25160.
(3) The volume and weight limits specified in subdivision (c) of
Section 25163.
(4) The requirement to obtain an extremely hazardous waste
disposal permit pursuant to Chapter 43 (commencing with Section
67430.1) of Division 4.5 of Title 22 of the California Code of
Regulations.
(b) Notwithstanding subdivision (a), any eligible participant who
generates more than 100 kilograms per month of any RCRA hazardous
waste or more than one kilogram per month of any extremely hazardous
waste shall obtain a hazardous waste identification number and use a
manifest as specified in subdivision (a) of Section 25160, when
transporting banned, unregistered, or outdated agricultural wastes
subject to a collection program, which shall be completed in
accordance with the regulations set forth in Part B (commencing with
Section 262.20) of Part 262 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations. The eligible participant shall
complete and process the manifest in the following manner:
(1) The blue copy of the manifest shall be sent to the department.
(2) The designated site for the collection of the banned,
unregistered, or outdated agricultural wastes shall be listed in
Block 9 of the manifest.
(3) The eligible participant shall sign the manifest as both the
generator and the transporter, and sign in both Block 16 and Block 17
of the manifest.
(c) Any eligible participant who transports banned, unregistered,
or outdated agricultural wastes pursuant to this section shall
transport the waste by himself or herself or by an employee of the
eligible participant, and the vehicle shall be owned by the eligible
participant.
25207.6. All eligible participants shall handle banned,
unregistered, or outdated agricultural wastes that are transported
pursuant to Section 25207.5 in the following manner:
(a) The wastes shall be prepackaged in accordance with the
regulations adopted by the federal Department of Transportation.
(b) The wastes shall be accompanied by a shipping paper with the
information required by the federal Department of Transportation for
100 kilograms or less of RCRA or any non-RCRA waste.
(c) The wastes shall be transported in accordance with the Vehicle
Code and the regulations adopted by the Department of the California
Highway Patrol pursuant to subdivision (b) of Section 34501 of the
Vehicle Code.
25207.7. The county shall act as the operator of the designated
site for the collection of the wastes and shall comply with the
regulations adopted pursuant to Section 25160 as the operator of that
facility, as specified in Section 25207.13.
25207.8. The banned, unregistered, or outdated agricultural wastes
transported from the collection site shall be transported by a
registered hazardous waste transporter to an offsite hazardous waste
disposal facility and a manifest shall be completed for the wastes in
accordance with Sections 25160 and 25163. The wastes shall also be
handled and transported in accordance with the regulations adopted by
the Environmental Protection Agency pertaining to the management of
hazardous waste, including, but not limited to, the regulations
specified in Part 260 (commencing with Section 260.1) to Part 270
(commencing with Section 270.1), inclusive, of Subchapter I of
Chapter 1 of the Code of Federal Regulations, the regulations adopted
by the federal Department of Transportation concerning the
transportation of hazardous materials, and any applicable state laws
or regulations.
25207.9. A report regarding any transportation accident involving
banned, unregistered, or outdated agricultural wastes that are
transported pursuant to a collection program shall be submitted to
the department by the participating county within 10 days of the
incident.
25207.10. (a) A county implementing a collection program pursuant
to this article shall charge a fee to eligible participants to cover
the county's costs of implementing the program, including, but not
limited to, the costs of collecting, handling, transporting,
treating, recycling, and disposing of the wastes. The county shall
transfer 10 percent of the fees that are collected pursuant to this
subdivision to the department, within 60 days from the date of
collection, for deposit in the Hazardous Waste Control Account, for
expenditure by the department, upon appropriation by the Legislature,
for purposes of implementing this article.
(b) A county implementing a collection program pursuant to this
article may also charge a fee to eligible participants to cover
registration fees, administrative costs, and overhead expenses.
25207.11. The collection program shall require, when economically
feasible, that the banned, unregistered, or outdated agricultural
wastes which are collected are recycled. If not recycled, the wastes
shall be treated or disposed of in compliance with this chapter.
25207.12. (a) Any eligible participant who submits banned,
unregistered, or outdated agricultural wastes for collection in a
program established pursuant to this article is exempt from the fees
and reimbursements required by Sections 25174.1, 25205.2, 25205.5,
and 25205.7, with regard to the wastes submitted for collection.
(b) An eligible participant who submits banned, unregistered, or
outdated agricultural wastes for collection is exempt from the
hazardous waste facilities permit requirements of Section 25201 with
regard to the management of the wastes submitted for collection.
(c) A county operating a collection program in compliance with
this article shall not be held liable in any cost recovery action
brought pursuant to Section 25360 for any hazardous waste which has
been properly handled and transported to an authorized hazardous
waste treatment or disposal facility, in compliance with this
chapter, at a location other than that of the collection program.
25207.13. For purposes of complying with the manifest requirements
of subdivision (b) of Section 25160, a county which collects banned,
unregistered, or outdated agricultural wastes pursuant to this
article shall be deemed to be the person who produced the hazardous
waste, if the banned, unregistered, or outdated agricultural wastes
collected by the county is labeled and no remedial or removal action
is required.
25207. The Legislature finds and declares all of the following:
(a) Small agriculture-related operations need an appropriate and
economic means of disposing of banned, unregistered, or outdated
agricultural wastes.
(b) An awareness of the problems caused by agricultural wastes has
increased as information has become available from the planning
process for county hazardous waste management plans conducted
pursuant to Article 3.5 (commencing with Section 25135).
(c) Banned, unregistered, or outdated agricultural wastes are
located in rural areas.
(d) The abandonment or illegal disposal of these agricultural
wastes is a threat to water supplies and wildlife habitat.
25207.1. For purposes of this article, the following definitions
apply:
(a) "Banned or unregistered agricultural waste" means a hazardous
waste, as defined in Section 25117, including an extremely hazardous
waste, containing an economic poison for which the Administrator of
the Environmental Protection Agency has canceled or suspended its
registration after purchase pursuant to Part 164 (commencing with
Section 164.1) of Subchapter E of Chapter 1 of Title 40 of the Code
of Federal Regulations, or for which the Director of Pesticide
Regulation has canceled or suspended its registration after purchase
pursuant to Section 12825, 12826, 12827, or 12827.5 of the Food and
Agricultural Code.
(b) "Economic poison" means an economic poison, as defined in
Section 12753 of the Food and Agricultural Code.
(c) "Eligible participant" means any of the following:
(1) Any person who stores not more than 500 kilograms of banned,
unregistered, or outdated agricultural wastes and operates any of the
following:
(A) A farm for the purpose of cultivating the soil or raising any
agricultural or horticultural commodity.
(B) An agricultural pest control business.
(C) An agricultural pesticide dealership.
(D) A park, cemetery, or golf course.
(2) A governmental agency which performs pest control work and
stores not more than 500 kilograms of banned, unregistered, or
outdated agricultural wastes.
(3) A business concern which primarily conducts operations
relating to agriculture and stores not more than 500 kilograms of
banned, unregistered, or outdated agricultural wastes.
(d) "Outdated agricultural waste" means an economic poison which
can be classified as a retrograde material, as defined in Section
25121.5.
(e) "Registrant" has the same meaning as defined in Section 12755
of the Food and Agricultural Code.
25207.2. (a) A county may develop and establish a collection
program for the collection of banned, unregistered, or outdated
agricultural wastes, which shall be implemented and operated pursuant
to this article. In implementing this collection program, the county
may consult with the department, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, licensed
agricultural pest control operators, agricultural pest control
advisers, and the University of California.
(b) A county may implement a collection program with the
assistance of the county agricultural commissioner.
(c) If a county implements a collection program pursuant to this
article, the program shall include the education of eligible
participants on the procedures for the disposal of banned,
unregistered, or outdated agricultural wastes, and on problems
concerning liability with regard to that disposal.
25207.3. A participating county shall conduct a survey to identify
all eligible participants in the county, within 180 days after the
county elects to implement this article, to assess the amount, kind,
and conditions of the banned, unregistered, or outdated agricultural
waste which will be collected by the program. The survey shall
include, but not be limited to, an evaluation of the banned,
unregistered, or outdated agricultural waste to determine if it is
securely contained, requires a removal or remedial action, whether
the contents of the wastes are known, and whether it is clearly
labeled.
25207.4. If a county implements a collection program that includes
collection sites for the dropoff of banned, unregistered, or outdated
agricultural wastes by eligible participants, the county shall, upon
selection of the sites, complete and submit to the department, for
review and approval, all of the following:
(a) An application for Hazardous Waste Identification Numbers for
each collection site.
(b) A completed application for an extremely hazardous waste
disposal permit, which shall identify the collection site.
(c) A notification to operate each collection site under a
permit-by-rule.
25207.5. (a) Except as provided in subdivision (b), for purposes of
this article, all eligible participants who transport banned,
unregistered, or outdated agricultural wastes which are identified in
the survey conducted pursuant to Section 25207.3, and which are
prepackaged in accordance with the federal regulations specified in
subdivision (a) of Section 25207.6 and transported to the collection
site in accordance with subdivision (c) of Section 25207.6, or who
transport banned, unregistered, or outdated agricultural wastes which
are rejected at the collection site and required to be transported
back to the point of origin, are exempt from all of the following:
(1) The requirements for hazardous waste transporter registration
specified in Section 25163.
(2) The manifest requirement specified in subdivision (c) of
Section 25160.
(3) The volume and weight limits specified in subdivision (c) of
Section 25163.
(4) The requirement to obtain an extremely hazardous waste
disposal permit pursuant to Chapter 43 (commencing with Section
67430.1) of Division 4.5 of Title 22 of the California Code of
Regulations.
(b) Notwithstanding subdivision (a), any eligible participant who
generates more than 100 kilograms per month of any RCRA hazardous
waste or more than one kilogram per month of any extremely hazardous
waste shall obtain a hazardous waste identification number and use a
manifest as specified in subdivision (a) of Section 25160, when
transporting banned, unregistered, or outdated agricultural wastes
subject to a collection program, which shall be completed in
accordance with the regulations set forth in Part B (commencing with
Section 262.20) of Part 262 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations. The eligible participant shall
complete and process the manifest in the following manner:
(1) The blue copy of the manifest shall be sent to the department.
(2) The designated site for the collection of the banned,
unregistered, or outdated agricultural wastes shall be listed in
Block 9 of the manifest.
(3) The eligible participant shall sign the manifest as both the
generator and the transporter, and sign in both Block 16 and Block 17
of the manifest.
(c) Any eligible participant who transports banned, unregistered,
or outdated agricultural wastes pursuant to this section shall
transport the waste by himself or herself or by an employee of the
eligible participant, and the vehicle shall be owned by the eligible
participant.
25207.6. All eligible participants shall handle banned,
unregistered, or outdated agricultural wastes that are transported
pursuant to Section 25207.5 in the following manner:
(a) The wastes shall be prepackaged in accordance with the
regulations adopted by the federal Department of Transportation.
(b) The wastes shall be accompanied by a shipping paper with the
information required by the federal Department of Transportation for
100 kilograms or less of RCRA or any non-RCRA waste.
(c) The wastes shall be transported in accordance with the Vehicle
Code and the regulations adopted by the Department of the California
Highway Patrol pursuant to subdivision (b) of Section 34501 of the
Vehicle Code.
25207.7. The county shall act as the operator of the designated
site for the collection of the wastes and shall comply with the
regulations adopted pursuant to Section 25160 as the operator of that
facility, as specified in Section 25207.13.
25207.8. The banned, unregistered, or outdated agricultural wastes
transported from the collection site shall be transported by a
registered hazardous waste transporter to an offsite hazardous waste
disposal facility and a manifest shall be completed for the wastes in
accordance with Sections 25160 and 25163. The wastes shall also be
handled and transported in accordance with the regulations adopted by
the Environmental Protection Agency pertaining to the management of
hazardous waste, including, but not limited to, the regulations
specified in Part 260 (commencing with Section 260.1) to Part 270
(commencing with Section 270.1), inclusive, of Subchapter I of
Chapter 1 of the Code of Federal Regulations, the regulations adopted
by the federal Department of Transportation concerning the
transportation of hazardous materials, and any applicable state laws
or regulations.
25207.9. A report regarding any transportation accident involving
banned, unregistered, or outdated agricultural wastes that are
transported pursuant to a collection program shall be submitted to
the department by the participating county within 10 days of the
incident.
25207.10. (a) A county implementing a collection program pursuant
to this article shall charge a fee to eligible participants to cover
the county's costs of implementing the program, including, but not
limited to, the costs of collecting, handling, transporting,
treating, recycling, and disposing of the wastes. The county shall
transfer 10 percent of the fees that are collected pursuant to this
subdivision to the department, within 60 days from the date of
collection, for deposit in the Hazardous Waste Control Account, for
expenditure by the department, upon appropriation by the Legislature,
for purposes of implementing this article.
(b) A county implementing a collection program pursuant to this
article may also charge a fee to eligible participants to cover
registration fees, administrative costs, and overhead expenses.
25207.11. The collection program shall require, when economically
feasible, that the banned, unregistered, or outdated agricultural
wastes which are collected are recycled. If not recycled, the wastes
shall be treated or disposed of in compliance with this chapter.
25207.12. (a) Any eligible participant who submits banned,
unregistered, or outdated agricultural wastes for collection in a
program established pursuant to this article is exempt from the fees
and reimbursements required by Sections 25174.1, 25205.2, 25205.5,
and 25205.7, with regard to the wastes submitted for collection.
(b) An eligible participant who submits banned, unregistered, or
outdated agricultural wastes for collection is exempt from the
hazardous waste facilities permit requirements of Section 25201 with
regard to the management of the wastes submitted for collection.
(c) A county operating a collection program in compliance with
this article shall not be held liable in any cost recovery action
brought pursuant to Section 25360 for any hazardous waste which has
been properly handled and transported to an authorized hazardous
waste treatment or disposal facility, in compliance with this
chapter, at a location other than that of the collection program.
25207.13. For purposes of complying with the manifest requirements
of subdivision (b) of Section 25160, a county which collects banned,
unregistered, or outdated agricultural wastes pursuant to this
article shall be deemed to be the person who produced the hazardous
waste, if the banned, unregistered, or outdated agricultural wastes
collected by the county is labeled and no remedial or removal action
is required.
