25110. Unless expressly incorporated by reference by another
statute, the definitions in this article govern only the construction
of this chapter. Until terms used in this chapter are defined in
either this chapter or in regulations adopted to implement this
chapter, the corresponding definitions found in the Resource
Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec.
6901 et seq.) and the regulations adopted pursuant to that act, shall
apply to the terms used in this chapter.
25110.02. "Acutely hazardous waste" means any hazardous waste
classified as an acutely hazardous waste in regulations adopted by
the department.
25110.1. "Applicant" means any person seeking an original hazardous
waste facilities permit, or an original hazardous waste hauler's
registration from the department to generate, transport, treat,
store, recycle, dispose of or handle hazardous waste.
25110.2. "Authorized local health officer" means a local health
officer authorized by the department pursuant to Section 25187.7.
25110.3. "Buffer zone" means an area of land which surrounds a
hazardous waste facility and on which certain land uses and
activities are restricted to protect the public health and safety and
the environment from existing or potential hazards caused by the
migration of hazardous waste.
25110.5. "Business" means the conduct of activity and is not
limited to a commercial or proprietary activity.
25110.8. "Business concern" means any sole proprietorship,
corporation, association, firm, partnership, trust, or other form of
commercial organization.
25110.8.5. "Class I violation" means any of the following:
(a) A deviation from the requirements of this chapter, or any
regulation, standard, requirement, or permit or interim status
document condition adopted pursuant to this chapter, that is any of
the following:
(1) The deviation represents a significant threat to human health
or safety or the environment because of one or more of the following:
(A) The volume of the waste.
(B) The relative hazardousness of the waste.
(C) The proximity of the population at risk.
(2) The deviation is significant enough that it could result in a
failure to accomplish any of the following:
(A) Ensure that hazardous waste is destined for, and delivered to,
an authorized hazardous waste facility.
(B) Prevent releases of hazardous waste or constituents to the
environment during the active or postclosure period of facility
operation.
(C) Ensure early detection of releases of hazardous waste or
constituents.
(D) Ensure adequate financial resources in the case of releases of
hazardous waste or constituents.
(E) Ensure adequate financial resources to pay for facility
closure.
(F) Perform emergency cleanup operations of, or other corrective
actions for, releases.
(b) The deviation is a Class II violation which is a chronic
violation or committed by a recalcitrant violator. "Class II
Violation" has the same meaning as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
25110.9. (a) "Conditionally exempt small quantity treatment" means
the operations of a generator conditionally exempted pursuant to
subdivision (a) of Section 25201.5.
(b) "Conditionally exempt specified waste stream" means a waste
stream treated by a generator conditionally exempted pursuant to
subdivision (c) of Section 25201.5.
25110.9.1. (a) "Conditional authorization" means a provision of
this chapter, including, but not limited to, Section 25200.3, which
provides that a person or activity is deemed to be operating pursuant
to a grant of authorization, as required pursuant to subdivision (a)
of Section 25201, if the person or activity meets the requirements
of that provision.
(b) "Conditional exemption" means a provision of this chapter,
including, but not limited to, Sections 25144.6, 25201.5, 25201.5.1,
25201.8, and 25201.13, which provides that a person or activity is
exempted from, or is otherwise not subject to, the requirement to
obtain a hazardous waste facilities permit or other grant of
authorization if the person or activity meets the requirements of
that provision.
25110.9.3. For purposes of this chapter, "consolidated manifest"
means a hazardous waste manifest used by a milk run transporter to
combine hazardous waste shipments from multiple generators on one
consolidated manifest pursuant to the procedures in Section 25160.2.
25110.10. (a) "Consolidation site" means a site to which hazardous
waste initially collected at a remote site, as defined in Section
25121.3, is transported.
(b) Hazardous waste initially collected at a remote site and
subsequently transported to a consolidation site, which is operated
by the generator of the hazardous waste, shall be deemed to be
generated at the consolidation site for purposes of this chapter if
the generator complies with the notification requirements of
subdivision (d) and all of the following conditions are met:
(1) The hazardous waste is non-RCRA hazardous waste, or the
hazardous waste or its management at the consolidation site is
otherwise exempt from, or is not otherwise regulated pursuant to, the
federal act.
(2) (A) The hazardous waste is not generated through large spill
cleanup activities.
(B) As used in this paragraph, "large spill cleanup" means a spill
cleanup operation that generates more than a total of 275 gallons or
2,500 pounds, whichever is greater, of hazardous waste.
(3) The hazardous waste is transported to the consolidation site
within 10 days from the date that the generator first begins to
actively manage the hazardous waste at the remote site, unless the
generator has been granted an extension to the 10-day period. An
extension of up to 20 days may be granted by the department, if the
generator demonstrates to the department's satisfaction that more
than 10 days is required to collect and transport the hazardous waste
to the consolidation site solely for the purpose of facilitating
effective and efficient removal, collection, or transportation of the
hazardous waste.
(4) The hazardous waste is not handled at any interim site en
route from the remote site to the consolidation site, except that the
hazardous waste may be temporarily held at an interim site pursuant
to subdivision (b) of Section 25121.3 and subdivision (e) of Section
25163.3.
(5) At the consolidation site, the hazardous waste is managed at
all times in accordance with all applicable requirements of this
chapter and the regulations adopted by the department pursuant to
this chapter. For purposes of Section 25123.3, the accumulation
period shall begin on the day that the hazardous waste arrives at the
consolidation site.
(6) Each container of hazardous waste is labeled at the remote
site, in accordance with the regulations adopted by the department
pertaining to labeling requirements for generators, and the label
remains on the container at all times while the hazardous waste is in
the container and in the possession of the generator. Each container
shall be labeled with the date that the container reaches the
consolidation site. If individual containers are placed into a larger
container, the labeling information required pursuant to this
paragraph and paragraph (6) of subdivision (b) of Section 25121.3
shall also be placed on the outside of the larger container. If the
hazardous waste is transferred to another container, the labeling
information required pursuant to this paragraph and paragraph (6) of
subdivision (b) of Section 25121.3 shall also be placed on the
outside of the new container.
(7) The generator maintains at the consolidation site the
information specified in paragraphs (1) to (10), inclusive, of
subdivision (g) of Section 25163.3 for each shipment of hazardous
waste initially collected at a remote site that is received at the
consolidation site. This information shall be maintained for at least
three years from the date that hazardous waste is received at the
consolidation site. For shipments subject to the requirement to be
accompanied by a shipment paper pursuant to subdivision (g) of
Section 25163.3, the requirements of this paragraph may be fulfilled
by maintaining a copy of the shipping paper at the consolidation
site.
(c) For purposes of paragraph (1) of subdivision (d) of Section
25123.3, the "initial accumulation point" for hazardous waste
initially collected at a remote site and subsequently transported to
a consolidation site, in accordance with subdivision (b), shall be
deemed to be the location where the hazardous waste is first
accumulated at the consolidation site.
(d) (1) Subdivision (b) of this section and subdivision (b) of
Section 25121.3 apply only to a generator who annually submits a
notification of the generator's intent to operate under this
exemption, in person or by certified mail, with return receipt
requested, to the department and one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, to
the officer or agency authorized pursuant to subdivision (f) of
Section 25404.3 to implement and enforce the requirements of this
chapter listed in paragraph (1) of subdivision (c) of Section 25404.
(2) Any person who submits a notification of their intent to
operate under this exemption shall comply with the requirements of
this section and Sections 25121.3 and 25163.3.
(3) The notification required pursuant to paragraph (1) shall
include all of the following information:
(A) A general description of the remote location from which the
non-RCRA hazardous waste will be initially collected.
(B) A description of the type of hazardous waste that may be
collected.
(C) The location of the consolidation site and the generator ID
number for that generator.
(D) Significant differences in the generator's operations from the
prior year's notification.
(e) Following the procedures specified in Section 25187, the
department may revoke a generator's authority to operate pursuant to
the exemption specified in this section and Sections 25121.3 and
25163.3, if the generator has demonstrated a pattern of failure to
meet the requirements of this section and Sections 25121.3 and
25163.3 and the department, or the local officer or agency authorized
to enforce this section pursuant to subdivision (a) of Section
25180, has notified the generator of these violations prior to
issuing an order pursuant to Section 25187.
25110.10.1. For purposes of this chapter, "consolidated transporter"
means a hazardous waste transporter registered pursuant to Section
25165 and the regulations adopted by the department who has notified
the department pursuant to Section 25165 of its intent to use the
consolidated manifesting procedures set forth in Section 25160.2.
25110.11. "Contained gaseous material," for purposes of subdivision
(a) of Section 25124 or any other provision of this chapter, means
any gas that is contained in an enclosed cylinder or other enclosed
container. "Contained gaseous material" does not include any exhaust
gas, flue gas, or other vapor stream, regardless of the source, that
is abated or controlled by an air pollution control device that is
permitted by an air pollution control district or air quality
management district, or which is specially exempted from those permit
requirements.
25111. "Department" means the Department of Toxic Substances
Control.
25111.1. "Designated local public officer" means a local public
officer designated by the director pursuant to subdivision (a) of
Section 25180.
25112. "Director" means the Director of Toxic Substances Control.
25112.5. (a) "Disclosure statement" means a statement submitted to
the department by an applicant, signed by the applicant under penalty
of perjury, which includes all of the following information:
(1) The full name, any previous name or names, business address,
social security number, and driver's license number of all of the
following:
(A) The applicant.
(B) Any officers, directors, or partners, if the applicant is a
business concern.
(C) All persons or any officers, partners, or any directors if
there are no officers, of business concerns holding more than 5
percent of the equity in, or debt liability of the applicant, except
that if the debt liability is held by a lending institution, the
applicant shall only supply the name and address of the lending
institution.
(2) Except as provided in subdivision (b), the following persons
listed on the disclosure statement shall properly submit fingerprint
images and related identification information:
(A) The sole proprietor.
(B) The partners.
(C) Other persons listed in subparagraph (C) of paragraph (1) and
any officers or directors of the applicant company as required by the
department.
(3) If fingerprint images and related identification information
are submitted for purposes of paragraph (2), the fingerprint images
and related identification information shall be submitted for any
person required by paragraph (2) only once. If there is a change in
the person serving in a position for which fingerprint images and
related identification information are required to be submitted
pursuant to paragraph (2), fingerprint images and related
identification information shall be captured and submitted for that
person. Fingerprint images and the related identification information
may be obtained using the Department of Justice's electronic
fingerprint network.
(4) The full name and business address of any business concern
that generates, transports, treats, stores, recycles, disposes of, or
handles hazardous waste and hazardous materials in which the
applicant holds at least a 5 percent debt liability or equity
interest.
(5) A description of any local, state, or federal licenses,
permits, or registrations for the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials applied for, or possessed by the
applicant, or by the applicant under any previous name or names, in
the five years preceding the filing of the statement, or, if the
applicant is a business concern, by the officers, directors, or
partners of the business concern, including the name and address of
the issuing agency.
(6) A listing and explanation of any final orders or license
revocations or suspensions issued or initiated by any local, state,
or federal authority, in the five years immediately preceding the
filing of the statement, or any civil or criminal prosecutions filed
in the five years immediately preceding, or pending at the time of,
the filing of the statement, with any remedial actions or resolutions
if applicable, relating to the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials by the applicant, or by the applicant
under any previous name or names, or, if the applicant is a business
concern, by any officer, director, or partner of the business
concern.
(7) A listing of any agencies outside of the state that regulate,
or had regulated, the applicant's, or the applicant's under any
previous name or names, generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials in the five years preceding the filing of the
disclosure statement.
(8) A listing and explanation of any federal or state conviction,
judgment, or settlement, in the five years immediately preceding the
filing of the statement, with any remedial actions or resolutions if
applicable, relating to the generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials by the applicant, or by the applicant under any
previous name or names, or if the applicant is a business concern, by
any officer, director, or partner of the business concern.
(9) A listing of all owners, officers, directors, trustees, and
partners of the applicant who have owned, or been an officer,
director, trustee, or partner of, any company that generated,
transported, treated, stored, recycled, disposed of, or handled
hazardous wastes or hazardous materials and which was the subject of
any of the actions described in paragraphs (6) and (8) for the five
years preceding the filing of the statement.
(b) Notwithstanding paragraph (2) of subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange and registered under the Securities Exchange Act of 1934 (15
U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is
not subject to the fingerprint requirements of subdivision (a).
(c) In lieu of the statement specified in subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange or on the National Market System of the NASDAQ Stock Market
and registered under the Securities Exchange Act of 1934 (15 U.S.C.
Sec. 78a et seq.), or a subsidiary of that corporation, may submit to
the department copies of all periodic reports, including, but not
limited to, those reports required by Section 78m of Title 15 of the
United States Code and Part 229 (commencing with Section 229.10) of
Chapter II of Title 17 of the Code of Federal Regulations that the
corporation or subsidiary has filed with the Securities and Exchange
Commission in the three years immediately preceding the submittal, if
the corporation or subsidiary thereof has held a hazardous waste
facility permit or operated a hazardous waste facility under interim
status pursuant to Section 25200 or 25200.5 since January 1, 1984.
(d) (1) Before issuing an authorization for which a disclosure
statement is required pursuant to this chapter, the department shall
submit the fingerprint cards or electronic fingerprint images and
related identification information submitted pursuant to paragraph
(2) of subdivision (a) to the Department of Justice for the purpose
of obtaining information as to the existence and nature of a record
of state and federal level convictions and state and federal level
arrests for which the Department of Justice establishes that the
applicant is incarcerated or was released on bail or on his or her
own recognizance pending trial. The Department of Justice shall
forward any request for federal level criminal offender record
information, received by the Department of Justice, pursuant to this
subdivision, to the Federal Bureau of Investigation.
(2) For each applicant or licensee whose fingerprint images and
related identification information are submitted to the Department of
Justice pursuant to this subdivision, the Department of Justice
shall provide the following information to the department pursuant to
this section:
(A) Every conviction rendered against that applicant or licensee.
(B) Every arrest for an offense for which that applicant or
licensee is presently awaiting trial, whether the applicant or
licensee is incarcerated or has been released on bail or on his or
her own recognizance pending trial.
(3) The department, pursuant to this subdivision, shall request
subsequent arrest notification service from the Department of Justice
as provided under Section 11105.2 of the Penal Code.
(4) The department shall reimburse the Department of Justice for
the actual costs incurred by the Department of Justice for searching
and furnishing state and federal level criminal offender record
information pursuant to this subdivision.
25113. (a) "Disposal" means either of the following:
(1) The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste so that the waste or any constituent of the
waste is or may be emitted into the air or discharged into or on any
land or waters, including groundwaters, or may otherwise enter the
environment.
(2) The abandonment of any waste.
(b) The amendment of the section made at the 1989-90 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the existing law.
25114. "Disposal site" means the location where any final
deposition of hazardous waste occurs.
25115. "Extremely hazardous waste" means any hazardous waste or
mixture of hazardous wastes which, if human exposure should occur,
may likely result in death, disabling personal injury or serious
illness caused by the hazardous waste or mixture of hazardous wastes
because of its quantity, concentration, or chemical characteristics.
25115.1. "Federal act" means the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
25116. "Handling" means the transporting or transferring from one
place to another, or pumping, processing, storing, or packaging of
hazardous waste, but does not include the handling of any substance
before it becomes a waste.
25116.5. (a) "Intermediate manufacturing process stream" means a
material, or combination of materials, that meets all of the
following conditions:
(1) It is produced as part of the manufacturing process.
(2) It is used onsite on a batch or continuous basis, in either
the same or in a different manufacturing process to produce a
commercial product.
(3) It is not a recyclable material.
(4) The person who produced the material or combination of
materials is able to demonstrate all of the following:
(A) The material, or combination of materials, is used, alone or
in combination with other materials, in a manufacturing process that
is designed for its use.
(B) The material, or combination of materials, is not accumulated
or stored in amounts greater than can be used in the manufacturing
process.
(C) The material, or combination of materials, is not handled,
stored, or processed in a manner that is inconsistent with its
intended use or the operating requirements of the manufacturing
process.
(D) The material, or combination of materials, is not burned or
incinerated for the purpose of abandoning or relinquishing the
material or combination of materials, except as may otherwise be
allowed under both this chapter and the federal act.
(b) Notwithstanding subdivision (a), a material is not an
intermediate manufacturing process stream if it has been released in
violation of this chapter, or any other applicable law, or an order
issued pursuant to this chapter or other applicable law, unless it
has been released into an appropriate containment area or structure
and has been promptly recovered and returned to the manufacturing
process, without prior treatment, for use in the originally intended
manufacturing process.
25117. (a) Except as provided in subdivision (d), "hazardous waste"
means a waste that meets any of the criteria for the identification
of a hazardous waste adopted by the department pursuant to Section
25141.
(b) "Hazardous waste" includes, but is not limited to, RCRA
hazardous waste.
(c) Unless expressly provided otherwise, "hazardous waste" also
includes extremely hazardous waste and acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil
prosecution brought by a city or district attorney or the Attorney
General for violation of this chapter, when it is an element of proof
that the person knew or reasonably should have known of the
violation, or violated the chapter willfully or with reckless
disregard for the risk, or acted intentionally or negligently, the
element of proof that the waste is hazardous waste may be satisfied
by demonstrating that the waste exhibited the characteristics set
forth in subdivision (b) of Section 25141.
25117.1. "Hazardous waste facility" means all contiguous land and
structures, other appurtenances, and improvements on the land used
for the treatment, transfer, storage, resource recovery, disposal, or
recycling of hazardous waste. A hazardous waste facility may consist
of one or more treatment, transfer, storage, resource recovery,
disposal, or recycling hazardous waste management units, or
combinations of these units.
25117.2. "Hazardous waste management" or "management" means the
transportation, transfer, recycling, recovery, disposal, handling,
processing, storage, and treatment of hazardous waste.
25117.3. (a) "Hazardous waste property" means land which is either
of the following:
(1) Any hazardous waste facility or portion thereof, required to
be permitted pursuant to this chapter, which has a permit for
disposal from the department or has submitted an application for such
a permit.
(2) A portion of any land designated as a hazardous waste property
pursuant to Section 25229 where a significant disposal of hazardous
waste has occurred on, under, or into the land resulting in a
significant existing or potential hazard to present or future public
health or safety.
(b) "Hazardous waste property" does not mean residential land that
has never received waste chemicals from an industrial, commercial,
agricultural, research, or business activity.
25117.4. "Border zone property" means any property designated as
border zone property pursuant to Section 25229 which is within 2,000
feet of a significant disposal of hazardous waste, and the wastes so
located are a significant existing or potential hazard to present or
future public health or safety on the land in question.
25117.4.1. (a) "Local health officer" means county health officers,
city health officers, and district health officers, as defined in
this code.
(b) "Local officer" means a local public officer authorized to
implement this chapter pursuant to subdivision (a) of Section 25180.
25117.5. (a) Waste that is hazardous only because it is medical
waste, as defined in the Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104) shall not be
governed by, subject to fees assessed by, or otherwise subject to,
the requirements of this chapter or regulations adopted pursuant to
this chapter.
(b) Biohazardous waste that meets the conditions specified in
subdivision (f) or (g) of Section 117635 is not subject to this
chapter.
25117.6. (a) "Minor violation" means a deviation from the
requirements of this chapter, or any regulation, standard,
requirement, or permit or interim status document condition adopted
pursuant to this chapter, that is not a class I violation.
(b) (1) A minor violation does not include any of the following:
(A) Any knowing, willful, or intentional violation of this
chapter.
(B) Any violation of this chapter that enables the violator to
benefit economically from noncompliance, either by reduced costs or
competitive advantage.
(C) Any class II violation that is a chronic violation or that is
committed by a recalcitrant violator.
(2) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of subparagraph (C) of paragraph (1), the
department, or the local officer or agency authorized to enforce
this chapter pursuant to subdivision (a) of Section 25180, shall
consider whether there is evidence indicating that the violator has
engaged in a pattern of neglect or disregard with respect to the
requirements of this chapter.
25117.8. "Natural resources" includes, but is not limited to,
disposal site capacity and substances which are hazardous waste, or
which are in hazardous waste, the reuse of which is technologically
and economically feasible.
25117.9. "Non-RCRA hazardous waste" means all hazardous waste
regulated in the state, other than RCRA hazardous waste, as defined
in Section 25120.2. A hazardous waste regulated in the state is
presumed to be RCRA hazardous waste, unless it is determined,
pursuant to regulations adopted by the department, that the hazardous
waste is a non-RCRA hazardous waste.
25117.9.1. "Notice to comply" means a written method of alleging a
minor violation which is in compliance with all of the following
requirements:
(a) The notice to comply is written in the course of conducting an
inspection of a facility by an authorized representative of the
department or by a local officer or agency authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(b) A copy of the notice to comply is presented to a person who is
an owner or employee of the facility being inspected at the time
that the notice to comply is written.
(c) The notice to comply clearly states the nature of the alleged
minor violation, a means by which compliance with the permit
conditions, rule, regulation, standard, or other requirement cited by
the inspector may be achieved, and a time limit in which to comply,
which shall not exceed 30 days.
(d) The notice to comply shall contain the information specified
in subdivision (h) of Section 25187.8 with regard to inspection of
the facility.
25117.10. "License" includes, but is not limited to any, permit,
registration, or certification issued by any local, state, or federal
agency for the generation, transportation, treatment, storage,
recycling, disposal, or handling of hazardous waste.
25117.11. "Offsite facility" means a hazardous waste facility that
is not an onsite facility.
25117.12. "Onsite facility" means a hazardous waste facility at
which a hazardous waste is produced and which is owned by, leased to,
or under the control of, the producer of the waste.
25117.13. "Land use restriction" means any limitation regarding the
uses of property which may be provided by, but is not limited to, a
written instrument which imposes an easement, covenant, restriction,
or servitude, or a combination thereof, as appropriate, upon the
present and future uses of all, or part of, the land, pursuant to
Section 25202.5, 25222.1, 25230, or 25355.5.
25117.14. "Permit-by-rule" means a provision of the regulations
adopted pursuant to this chapter stating that a facility or activity
is deemed to have a hazardous waste facilities permit if it meets the
requirements of that provision.
25118. "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, and corporation, including, but not limited to, a
government corporation. "Person" also includes any city, county,
district, commission, the state or any department, agency, or
political subdivision thereof, any interstate body, and the federal
government or any department or agency thereof to the extent
permitted by law.
25119. "Processing" means treatment, as defined in Section 25123.5.
25120. "Producer" means any person who generates a waste material.
25120.2. "RCRA hazardous waste" means all waste identified as a
hazardous waste in Part 261 (commencing with Section 261.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations and appendixes thereto.
25120.5. "Recyclable material" means a hazardous waste that is
capable of being recycled, including, but not limited to, any of the
following:
(a) A residue.
(b) A spent material, including, but not limited to, a used or
spent stripping or plating solution or etchant.
(c) A material that is contaminated to such an extent that it can
no longer be used for the purpose for which it was originally
purchased or manufactured.
(d) A byproduct listed in the regulations adopted by the
department as "hazardous waste from specific sources" or "hazardous
waste from nonspecific sources. "
(e) Any retrograde material that has not been used, distributed,
or reclaimed through treatment by the original manufacturer or owner
by the later of the following dates:
(1) One year after the date when the material became a retrograde
material.
(2) If the material has been returned to the original
manufacturer, one year after the material is returned to the original
manufacturer.
25120.55. (a) Used or spent etchants, stripping solutions, and
plating solutions are spent, contaminated, or used material for
purposes of this chapter.
(b) Used or spent etchants, stripping solutions, and plating
solutions which meet a characteristic established by or are listed by
the Environmental Protection Agency or the department as a hazardous
waste and are transported from the site where they are produced, and
transferred to an unrelated or unaffiliated person for any purpose,
are subject to the requirements of this chapter which apply to
hazardous waste unless the department waives any specific provision
of this chapter pursuant to Section 25143. Nothing in this section
exempts any used or spent etchant, stripping solution, or plating
solution from any other requirement of this chapter.
25121. (a) "Recycled material" means a recyclable material which
has been used or reused, or reclaimed.
(b) "Recycled material" does not include an intermediate
manufacturing process stream.
25121.1. (a) "Recycling" means using, reusing, or reclaiming a
recyclable material.
(b) Notwithstanding subdivision (a), for purposes of the fees,
taxes, and charges imposed pursuant to Article 7 (commencing with
Section 25170), "recycling" means the collecting, transporting,
storing, transferring, handling, segregating, processing, using or
reusing, or reclaiming of recyclable material to produce recycled
material.
25121.3. (a) "Remote site" means a site operated by the generator
where hazardous waste is initially collected, at which generator
staff, other than security staff, is not routinely located, and that
is not contiguous to a staffed site operated by the generator of the
hazardous waste or that does not have access to a staffed site
without the use of public roads. Generator staff who visit a remote
location to perform inspection, monitoring, or maintenance activities
on a periodic scheduled or random basis, less frequently than daily,
are not considered to be routinely located at the remote location.
(b) Notwithstanding this chapter or the regulations adopted by the
department pursuant to this chapter, a generator who complies with
the notification requirements of subdivision (d) of Section 25110.10
may hold hazardous waste at the remote site where the hazardous waste
is initially collected, or at another remote site operated by the
generator, while en route to the consolidation site, if all of the
following requirements are met with respect to the hazardous waste:
(1) The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its management at the remote site is otherwise
exempt from, or is not otherwise regulated pursuant to, the federal
act.
(2) The requirements of subdivision (b) of Section 25110.10 are
met.
(3) All personnel handling hazardous waste at any remote site
complete health and safety training equivalent to the training
required under Section 5194 of Title 8 of the California Code of
Regulations, prior to being assigned to handle hazardous waste.
(4) A description of the actions that the generator's personnel
will take to minimize hazards to human health and safety or to the
environment from fires, explosions, or any unplanned release of
hazardous waste or hazardous waste constituents to air, soil, or
surface water at the remote site where the hazardous waste is being
managed shall be included in the contingency plan for the
consolidation site. A single generic description of response actions
may be used for all similar remote sites associated with a single
consolidation site.
(5) As soon as the generator begins to actively manage the
hazardous waste at the remote site, the generator places the
hazardous waste in a container meeting the requirements of the United
States Department of Transportation applicable to containers used to
transport hazardous waste, and the containers are managed in
accordance with the regulations adopted by the department regarding
the management by generators of containers used to hold hazardous
waste.
(6) The containers used to hold the hazardous waste at the remote
site are labeled, in accordance with the regulations adopted by the
department pertaining to labeling requirements for generators, as
soon as the hazardous waste is placed in the container.
(7) The generator makes a reasonable effort to minimize the
possibility of unknowing or unauthorized entry into the area where
the hazardous waste is held at the remote site. If the remote site is
located within one mile of a residential or commercial area, or is
otherwise readily accessible to the public, the area where hazardous
waste is held at the remote site shall at all times be supervised by
employees or agents of the generator or otherwise secured so as to
prevent unknowing entry and to minimize the possibility for
unauthorized entry.
(c) If the management of hazardous wastes at a remote site does
not meet all of the conditions specified in subdivision (b), the
hazardous waste shall be subject to all other applicable generator
and facility requirements of this chapter and the regulations adopted
by the department to implement this chapter.
25121.5. (a) "Retrograde material" means any hazardous material
which is not to be used, sold, or distributed for use in an
originally intended or prescribed manner or for an originally
intended or prescribed purpose and which meets any one or more of the
following criteria:
(1) Has undergone chemical, biochemical, physical, or other
changes due to the passage of time or the environmental conditions
under which it was stored.
(2) Has exceeded a specified or recommended shelf life.
(3) Is banned by law, regulation, ordinance, or decree.
(4) Cannot be used for reasons of economics, health or safety, or
environmental hazard.
(b) "Retrograde material" does not include material designated in
regulations adopted by the department as included in a category which
the department shall title "Discarded commercial chemical products,
off-specification species, container residues, and spill residues
thereof", if either of the following conditions is met:
(1) The material is used in a manner constituting disposal and the
material is not normally used in a manner constituting disposal.
(2) The material is burned for energy recovery and the material is
not normally burned for energy recovery.
25122.7. "Restricted hazardous waste" includes both of the
following:
(a) Any hazardous waste subject to land disposal restrictions
pursuant to Section 25179.6 and the regulations adopted by the
department pursuant to that section.
(b) Any hazardous waste which contains any of the following
substances, in the following concentrations, as determined without
considering any dilution which may occur, unless the dilution is a
normal part of a manufacturing process:
(1) Liquid hazardous wastes containing free cyanides at
concentrations greater than, or equal to, 1,000 milligrams per liter.
(2) Liquid hazardous wastes containing any of the following metals
or elements, or compounds of these metals or elements, at
concentrations greater than, or equal to, any of the following:
Arsenic ................ 500 milligrams per liter
Cadmium ................ 100 milligrams per liter
Chromium (VI) .......... 500 milligrams per liter
Lead ................... 500 milligrams per liter
Mercury ................ 20 milligrams per liter
Nickel ................. 134 milligrams per liter
Selenium ............... 100 milligrams per liter
Thallium ............... 130 milligrams per liter
(3) Liquid hazardous wastes having a pH less than or equal to two.
(4) Liquid hazardous wastes containing polychlorinated biphenyls
at concentrations greater than, or equal to, 50 milligrams per liter.
(5) Hazardous wastes containing halogenated organic compounds in
total concentration greater than, or equal to, 1,000 milligrams per
kilogram.
25122.8. "State operational costs" means the costs to the state of
overseeing removal and remedial action, as defined in Sections 25322
and 25323, to releases of hazardous substances, as defined in
Sections 25316 and 25320, if the responsible party is in compliance
with an order issued, or with an enforceable agreement entered into,
pursuant to paragraph (1) of subdivision (a) of Section 25355.5.
"State operational costs" include, but are not limited to, the
expenditure of funds pursuant to subdivision (c) or (d) of Section
25355.5.
25122.9. "Secretary" means the Secretary for Environmental
Protection.
25123. "Storage" means the holding of hazardous wastes, for a
temporary period.
25123.3. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Liquid hazardous waste" means a hazardous waste that meets
the definition of free liquids, as specified in Section 66260.10 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1994.
(2) "Remediation waste staging" means the temporary accumulation
of non-RCRA contaminated soil that is generated and held onsite, and
that is accumulated for the purpose of onsite treatment pursuant to a
certified, authorized or permitted treatment method, such as a
transportable treatment unit, if all of the following requirements
are met:
(A) The hazardous waste being accumulated does not contain free
liquids.
(B) The hazardous waste is accumulated on an impermeable surface,
such as high density polyethylene (HDPE) of at least 20 mills that is
supported by a foundation, or high density polyethylene of at least
60 mills that is not supported by a foundation.
(C) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(D) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(E) The staging area is certified by a registered engineer for
compliance with the standards specified in subparagraphs (A) to (D),
inclusive.
(3) "Transfer facility" means any offsite facility that is related
to the transportation of hazardous waste, including, but not limited
to, loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
(b) "Storage facility" means a hazardous waste facility at which
the hazardous waste meets any of the following requirements:
(1) The hazardous waste is held for greater than 90 days at an
onsite facility. The department may establish criteria and procedures
to extend that 90-day period, consistent with the federal act, and
to prescribe the manner in which the hazardous waste may be held if
not otherwise prescribed by statute.
(2) The hazardous waste is held for any period of time at an
offsite facility which is not a transfer facility.
(3) (A) Except as provided in subparagraph (B), the waste is held
at a transfer facility and any one of the following apply:
(i) The transfer facility is located in an area zoned residential
by the local planning authority.
(ii) The transfer facility commences initial operations on or
after January 1, 2005, at a site located within 500 feet of a
structure identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 25232.
(iii) The hazardous waste is held for a period greater than six
days at a transfer facility located in an area that is not zoned
industrial or agricultural by the local planning authority.
(iv) The hazardous waste is held for a period greater than 10 days
at a transfer facility located in an area zoned industrial or
agricultural by the local planning authority.
(v) The hazardous waste is held for a period greater than six days
at a transfer facility that commenced initial operations before
January 1, 2005, is located in an area zoned agricultural by the
local planning authority, and is located within 500 feet of a
structure identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 25232.
(B) (i) Notwithstanding subparagraph (A), a transfer facility
located in an area that is not zoned residential by the local
planning authority is not a storage facility, if the only hazardous
waste held at the transfer facility is hazardous waste that is
generated as a result of an emergency release and that hazardous
waste is collected and temporarily stored by emergency rescue
personnel, as defined in Section 25501, or by a response action
contractor upon the request of emergency rescue personnel or the
response action contractor, and the holding of that hazardous waste
is approved by the department.
(ii) For purposes of this subparagraph, "response action
contractor" means any person who enters into a contract with the
department to take removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) in response to a release or
threatened release, including any subcontractors of the response
action contractor.
(4) (A) Except as provided in subparagraph (B), the hazardous
waste is held onsite for any period of time, unless the hazardous
waste is held in a container, tank, drip pad, or containment building
pursuant to regulations adopted by the department.
(B) Notwithstanding subparagraph (A), a generator that accumulates
hazardous waste generated and held onsite for 90 days or less for
offsite transportation is not a storage facility if all of the
following requirements are met:
(i) The waste is non-RCRA contaminated soil.
(ii) The hazardous waste being accumulated does not contain free
liquids.
(iii) The hazardous waste is accumulated on an impermeable
surface, such as high density polyethylene (HDPE) of at least 20
mills that is supported by a foundation, or high density polyethylene
of at least 60 mills that is not supported by a foundation.
(iv) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(v) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(vi) The generator, after final offsite transportation, inspects
the accumulation site for contamination and remediates as necessary.
(vii) The site is certified by a registered engineer for
compliance with the standards specified in clauses (i) to (vi),
inclusive.
(5) The hazardous waste is held at a transfer facility at any
location for any period of time in a manner other than in a
container.
(6) The hazardous waste is held at a transfer facility at any
location for any period of time and handling occurs. For purposes of
this paragraph, "handling" does not include the transfer of packaged
or containerized hazardous waste from one vehicle to another.
(c) The time period for calculating the 90-day period for purposes
of paragraph (1) of subdivision (b), or the 180-day or 270-day
period for purposes of subdivision (h), begins when the facility has
accumulated 100 kilograms of hazardous waste or one kilogram of
extremely hazardous waste or acutely hazardous waste. However, if the
facility generates more than 100 kilograms of hazardous waste or one
kilogram of extremely hazardous waste or acutely hazardous waste
during any calendar month, the time period begins when any amount of
hazardous waste first begins to accumulate in that month.
(d) Notwithstanding paragraph (1) of subdivision (b), a generator
of hazardous waste that accumulates waste onsite is not a storage
facility if all of the following requirements are met:
(1) The generator accumulates a maximum of 55 gallons of hazardous
waste, one quart of acutely hazardous waste, or one quart of
extremely hazardous waste at an initial accumulation point that is at
or near the area where the waste is generated and that is under the
control of the operator of the process generating the waste.
(2) The generator accumulates the waste in containers other than
tanks.
(3) The generator does not hold the hazardous waste onsite without
a hazardous waste facilities permit or other grant of authorization
for a period of time longer than the shorter of the following time
periods:
(A) One year from the initial date of accumulation.
(B) Ninety days, or if subdivision (h) is applicable, 180 or 270
days, from the date that the quantity limitation specified in
paragraph (1) is reached.
(4) The generator labels any container used for the accumulation
of hazardous waste with the initial date of accumulation and with the
words "hazardous waste" or other words that identify the contents of
the container.
(5) Within three days of reaching any applicable quantity
limitation specified in paragraph (1), the generator labels the
container holding the accumulated hazardous waste with the date the
quantity limitation was reached and either transports the waste
offsite or holds the waste onsite and complies with either the
regulations adopted by the department establishing requirements for
generators subject to the time limit specified in paragraph (1) of
subdivision (b) or the requirements specified in paragraph (1) of
subdivision (h), whichever requirements are applicable.
(6) The generator complies with regulations adopted by the
department pertaining to the use and management of containers and any
other regulations adopted by the department to implement this
subdivision.
(e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b),
hazardous waste held for remediation waste staging shall not be
considered to be held at a hazardous waste storage facility if the
total accumulation period is one year or less from the date of the
initial placing of hazardous waste by the generator at the staging
site for onsite remediation, except that the department may grant one
six-month extension, upon a showing of reasonable cause by the
generator.
(2) (A) The generator shall submit a notification of plans to
store and treat hazardous waste onsite pursuant to paragraph (2) of
subdivision (a), in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant
to subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
(B) If, after the notification pursuant to subparagraph (A), or
during the initial year or the six-month extension granted by the
department, the generator determines that treatment cannot be
accomplished for all, or part of, the hazardous waste accumulated in
a remediation waste staging area, the generator shall immediately
notify the department and the appropriate local agency, pursuant to
subparagraph (A), that the treatment has been discontinued. The
generator shall then handle and dispose of the hazardous waste in
accordance with paragraph (4) of subdivision (b).
(C) A generator shall not hold hazardous waste for remediation
waste staging unless the generator can show, through laboratory
testing, bench scale testing, or other documentation, that soil held
for remediation waste staging is potentially treatable. Any fines and
penalties imposed for a violation of this subparagraph may be
imposed beginning with the 91st day that the hazardous waste was
initially accumulated.
(3) Once an onsite treatment operation is completed on hazardous
waste held pursuant to paragraph (1), the generator shall inspect the
staging area for contamination and remediate as necessary.
(f) Notwithstanding any other provision of this chapter,
remediation waste staging and the holding of non-RCRA contaminated
soil for offsite transportation in accordance with paragraph (4) of
subdivision (b) shall not be considered to be disposal or land
disposal of hazardous waste.
(g) A generator who holds hazardous waste for remediation waste
staging pursuant to paragraph (2) of subdivision (a) or who holds
hazardous waste onsite for offsite transportation pursuant to
paragraph (4) of subdivision (b) shall maintain records onsite that
demonstrate compliance with this section related to storing hazardous
waste for remediation waste staging or related to holding hazardous
waste onsite for offsite transportation, as applicable. The records
maintained pursuant to this subdivision shall be available for review
by any public agency authorized pursuant to Section 25180 or 25185.
(h) (1) Notwithstanding paragraph (1) of subdivision (b), a
generator of less than 1,000 kilograms of hazardous waste in any
calendar month who accumulates hazardous waste onsite for 180 days or
less, or 270 days or less if the generator transports the generator'
s own waste, or offers the generator's waste for transportation, over
a distance of 200 miles or more, for offsite treatment, storage, or
disposal, is not a storage facility if all of the following apply:
(A) The quantity of hazardous waste accumulated onsite never
exceeds 6,000 kilograms.
(B) The generator complies with the requirements of subdivisions
(d), (e), and (f) of Section 262.34 of Title 40 of the Code of
Federal Regulations.
(C) The generator does not hold acutely hazardous waste or
extremely hazardous waste in an amount greater than one kilogram for
a time period longer than that specified in paragraph (1) of
subdivision (b).
(2) A generator meeting the requirements of paragraph (1) who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the facility to which the generator's waste
is submitted, within 60 days from the date that the hazardous waste
was accepted by the initial transporter, shall submit to the
department a legible copy of the manifest, with some indication that
the generator has not received confirmation of delivery.
(i) The department may adopt regulations that set forth additional
restrictions and enforceable management standards that protect human
health and the environment and that apply to persons holding
hazardous waste at a transfer facility. A regulation adopted pursuant
to this subdivision shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare, and may be
adopted as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
25123.4. "Transportable hazardous waste treatment unit" or
"transportable treatment unit" means mobile equipment which performs
treatment, is transported onto a facility to perform treatment, and
is not permanently stationed at a single facility.
25123.5. (a) Except as provided in subdivisions (b) and (c),
"treatment" means any method, technique, or process which is not
otherwise excluded from the definition of treatment by this chapter
and which is designed to change the physical, chemical, or biological
character or composition of any hazardous waste or any material
contained therein, or which removes or reduces its harmful properties
or characteristics for any purpose.
(b) (1) "Treatment" does not include any of the activities listed
in paragraph (2), if one of the following requirements is met:
(A) The activity is conducted onsite in accordance with the
requirements of this chapter and the department's regulations adopted
pursuant to this chapter governing the generation and accumulation
of hazardous waste.
(B) The activity is conducted in accordance with the conditions
specified in a permit issued by the department for the storage of
hazardous waste.
(2) The activities subject to the exemption specified in paragraph
(1) include all of the following:
(A) Sieving or filtering liquid hazardous waste to remove solid
fractions, without added heat, chemicals, or pressure, as the waste
is added to or removed from a storage or accumulation tank or
container. For purposes of this subparagraph, sieving or filtering
does not include adsorption, reverse osmosis, or ultrafiltration.
(B) Phase separation of hazardous waste during storage or
accumulation in tanks or containers, if the separation is unaided by
the addition of heat or chemicals. If the phase separation occurs at
a commercial offsite permitted storage facility, all phases of the
hazardous waste shall be managed as hazardous waste after separation.
(C) Combining two or more waste streams that are not incompatible
into a single tank or container if both of the following conditions
apply:
(i) The waste streams are being combined solely for the purpose of
consolidated accumulation or storage or consolidated offsite
shipment, and they are not being combined to meet a fuel
specification or to otherwise be chemically or physically prepared to
be treated, burned for energy value, or incinerated.
(ii) The combined waste stream is managed in compliance with the
most stringent of the regulatory requirements applicable to each
individual waste stream.
(D) Evaporation of water from hazardous wastes in tanks or
containers, such as breathing and evaporation through vents and
floating roofs, without the addition of pressure, chemicals, or heat
other than sunlight or ambient room lighting or heating.
(3) This subdivision does not apply to any activity for which a
hazardous waste facilities permit for treatment is required under the
federal act.
(c) "Treatment" does not include the combination of glutaraldehyde
or orthophthalaldehyde, which is used by medical facilities to
disinfect medical devices, with formulations containing glycine as
the sole active chemical, if the process is carried out onsite.
25123.6. "Volatile organic compound" means a compound which is a
volatile organic compound according to Method No. 8240 in the
Environmental Protection Agency Document No. Solid Waste 846 (1982)
or any equivalent, alternative method acceptable to the department.
25123.7. (a) "Unified Program Facility" means all contiguous land
and structures, other appurtenances, and improvements on the land
which are subject to the requirements of paragraph (1) of subdivision
(c) of Section 25404.
(b) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the secretary to implement the unified program specified
in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(c) "Participating Agency" or "PA" means an agency which has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraph (1) of subdivision (c) of Section 25404, in accordance with
the provisions of Sections 25404.1 and 25404.2.
(d) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraph (1) of
subdivision (c) of Section 25404. For purposes of this chapter, the
UPAs have the responsibility and authority, to the extent provided by
this chapter and Sections 25404.1 and 25404.2, to implement and
enforce only those requirements of this chapter listed in paragraph
(1) of subdivision (c) of Section 25404. The UPAs also have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce the
regulations adopted to implement the requirements of this chapter
listed in paragraph (1) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404 within the jurisdiction of the CUPA. This
section shall not be construed to limit the authority or
responsibility granted to the department by this chapter to implement
and enforce this chapter and the regulations adopted pursuant
thereto.
25123.8. "Universal waste" means a hazardous waste identified as a
universal waste in Section 66273.9 of Title 22 of the California Code
of Regulations, or as that regulation may be further amended
pursuant to this chapter, or a hazardous waste designated as a
universal waste pursuant to this chapter.
25124. (a) Except as provided in subdivision (c), "waste" means any
solid, liquid, semisolid, or contained gaseous discarded material
that is not excluded by this chapter or by regulations adopted
pursuant to this chapter.
(b) For purposes of subdivision (a), a discarded material is any
material that is any of the following:
(1) Relinquished by being any of the following:
(A) Disposed of.
(B) Burned or incinerated.
(C) Accumulated, stored, or treated, but not recycled, before, or
in lieu of, being relinquished by being disposed of, burned, or
incinerated.
(2) Recycled, or accumulated, stored, or treated before recycling,
except as provided in Section 25143.2.
(3) Poses a threat to public health or the environment and meets
either, or both, of the following conditions:
(A) It is mislabeled or not adequately labeled, unless the
material is correctly labeled or adequately labeled within 10 days
after the material is discovered to be mislabeled or inadequately
labeled.
(B) It is packaged in deteriorated or damaged containers, unless
the material is contained in sound or undamaged containers within 96
hours after the containers are discovered to be deteriorated or
damaged.
(4) Considered inherently wastelike, as specified in regulations
adopted by the department.
(c) Notwithstanding subdivision (a), a material is not a discarded
material if it is either of the following:
(1) An intermediate manufacturing process stream.
(2) (A) Except as specified in subparagraph (B) and to the extent
consistent with the federal act, a coolant, lubricant, or cutting
fluid necessary to the operation of manufacturing equipment, that is
processed to extend the life of the material for continued use, and
is processed in the same manufacturing equipment in which the
material is used or in connected equipment that returns the material
to the originating manufacturing equipment for continued use.
(B) Subparagraph (A) does not apply to any of the following
material:
(i) Material that is processed in connected equipment that is not
directly and permanently connected to the originating manufacturing
equipment or that is constructed or operated in a manner that may
allow the release of any material or constituent of the material into
the environment.
(ii) Material that is a hazardous waste prior to being introduced
into the manufacturing equipment or connected equipment.
(iii) Material that is removed from the manufacturing equipment or
connected equipment for storage, treatment, disposal, or burning for
energy recovery outside that equipment.
(iv) Material that remains in the manufacturing equipment or
connected equipment more than 90 days after that equipment ceases to
be operated.
(v) Material that is processed using methods other than physical
procedures.
25110. Unless expressly incorporated by reference by another
statute, the definitions in this article govern only the construction
of this chapter. Until terms used in this chapter are defined in
either this chapter or in regulations adopted to implement this
chapter, the corresponding definitions found in the Resource
Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec.
6901 et seq.) and the regulations adopted pursuant to that act, shall
apply to the terms used in this chapter.
25110.02. "Acutely hazardous waste" means any hazardous waste
classified as an acutely hazardous waste in regulations adopted by
the department.
25110.1. "Applicant" means any person seeking an original hazardous
waste facilities permit, or an original hazardous waste hauler's
registration from the department to generate, transport, treat,
store, recycle, dispose of or handle hazardous waste.
25110.2. "Authorized local health officer" means a local health
officer authorized by the department pursuant to Section 25187.7.
25110.3. "Buffer zone" means an area of land which surrounds a
hazardous waste facility and on which certain land uses and
activities are restricted to protect the public health and safety and
the environment from existing or potential hazards caused by the
migration of hazardous waste.
25110.5. "Business" means the conduct of activity and is not
limited to a commercial or proprietary activity.
25110.8. "Business concern" means any sole proprietorship,
corporation, association, firm, partnership, trust, or other form of
commercial organization.
25110.8.5. "Class I violation" means any of the following:
(a) A deviation from the requirements of this chapter, or any
regulation, standard, requirement, or permit or interim status
document condition adopted pursuant to this chapter, that is any of
the following:
(1) The deviation represents a significant threat to human health
or safety or the environment because of one or more of the following:
(A) The volume of the waste.
(B) The relative hazardousness of the waste.
(C) The proximity of the population at risk.
(2) The deviation is significant enough that it could result in a
failure to accomplish any of the following:
(A) Ensure that hazardous waste is destined for, and delivered to,
an authorized hazardous waste facility.
(B) Prevent releases of hazardous waste or constituents to the
environment during the active or postclosure period of facility
operation.
(C) Ensure early detection of releases of hazardous waste or
constituents.
(D) Ensure adequate financial resources in the case of releases of
hazardous waste or constituents.
(E) Ensure adequate financial resources to pay for facility
closure.
(F) Perform emergency cleanup operations of, or other corrective
actions for, releases.
(b) The deviation is a Class II violation which is a chronic
violation or committed by a recalcitrant violator. "Class II
Violation" has the same meaning as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
25110.9. (a) "Conditionally exempt small quantity treatment" means
the operations of a generator conditionally exempted pursuant to
subdivision (a) of Section 25201.5.
(b) "Conditionally exempt specified waste stream" means a waste
stream treated by a generator conditionally exempted pursuant to
subdivision (c) of Section 25201.5.
25110.9.1. (a) "Conditional authorization" means a provision of
this chapter, including, but not limited to, Section 25200.3, which
provides that a person or activity is deemed to be operating pursuant
to a grant of authorization, as required pursuant to subdivision (a)
of Section 25201, if the person or activity meets the requirements
of that provision.
(b) "Conditional exemption" means a provision of this chapter,
including, but not limited to, Sections 25144.6, 25201.5, 25201.5.1,
25201.8, and 25201.13, which provides that a person or activity is
exempted from, or is otherwise not subject to, the requirement to
obtain a hazardous waste facilities permit or other grant of
authorization if the person or activity meets the requirements of
that provision.
25110.9.3. For purposes of this chapter, "consolidated manifest"
means a hazardous waste manifest used by a milk run transporter to
combine hazardous waste shipments from multiple generators on one
consolidated manifest pursuant to the procedures in Section 25160.2.
25110.10. (a) "Consolidation site" means a site to which hazardous
waste initially collected at a remote site, as defined in Section
25121.3, is transported.
(b) Hazardous waste initially collected at a remote site and
subsequently transported to a consolidation site, which is operated
by the generator of the hazardous waste, shall be deemed to be
generated at the consolidation site for purposes of this chapter if
the generator complies with the notification requirements of
subdivision (d) and all of the following conditions are met:
(1) The hazardous waste is non-RCRA hazardous waste, or the
hazardous waste or its management at the consolidation site is
otherwise exempt from, or is not otherwise regulated pursuant to, the
federal act.
(2) (A) The hazardous waste is not generated through large spill
cleanup activities.
(B) As used in this paragraph, "large spill cleanup" means a spill
cleanup operation that generates more than a total of 275 gallons or
2,500 pounds, whichever is greater, of hazardous waste.
(3) The hazardous waste is transported to the consolidation site
within 10 days from the date that the generator first begins to
actively manage the hazardous waste at the remote site, unless the
generator has been granted an extension to the 10-day period. An
extension of up to 20 days may be granted by the department, if the
generator demonstrates to the department's satisfaction that more
than 10 days is required to collect and transport the hazardous waste
to the consolidation site solely for the purpose of facilitating
effective and efficient removal, collection, or transportation of the
hazardous waste.
(4) The hazardous waste is not handled at any interim site en
route from the remote site to the consolidation site, except that the
hazardous waste may be temporarily held at an interim site pursuant
to subdivision (b) of Section 25121.3 and subdivision (e) of Section
25163.3.
(5) At the consolidation site, the hazardous waste is managed at
all times in accordance with all applicable requirements of this
chapter and the regulations adopted by the department pursuant to
this chapter. For purposes of Section 25123.3, the accumulation
period shall begin on the day that the hazardous waste arrives at the
consolidation site.
(6) Each container of hazardous waste is labeled at the remote
site, in accordance with the regulations adopted by the department
pertaining to labeling requirements for generators, and the label
remains on the container at all times while the hazardous waste is in
the container and in the possession of the generator. Each container
shall be labeled with the date that the container reaches the
consolidation site. If individual containers are placed into a larger
container, the labeling information required pursuant to this
paragraph and paragraph (6) of subdivision (b) of Section 25121.3
shall also be placed on the outside of the larger container. If the
hazardous waste is transferred to another container, the labeling
information required pursuant to this paragraph and paragraph (6) of
subdivision (b) of Section 25121.3 shall also be placed on the
outside of the new container.
(7) The generator maintains at the consolidation site the
information specified in paragraphs (1) to (10), inclusive, of
subdivision (g) of Section 25163.3 for each shipment of hazardous
waste initially collected at a remote site that is received at the
consolidation site. This information shall be maintained for at least
three years from the date that hazardous waste is received at the
consolidation site. For shipments subject to the requirement to be
accompanied by a shipment paper pursuant to subdivision (g) of
Section 25163.3, the requirements of this paragraph may be fulfilled
by maintaining a copy of the shipping paper at the consolidation
site.
(c) For purposes of paragraph (1) of subdivision (d) of Section
25123.3, the "initial accumulation point" for hazardous waste
initially collected at a remote site and subsequently transported to
a consolidation site, in accordance with subdivision (b), shall be
deemed to be the location where the hazardous waste is first
accumulated at the consolidation site.
(d) (1) Subdivision (b) of this section and subdivision (b) of
Section 25121.3 apply only to a generator who annually submits a
notification of the generator's intent to operate under this
exemption, in person or by certified mail, with return receipt
requested, to the department and one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, to
the officer or agency authorized pursuant to subdivision (f) of
Section 25404.3 to implement and enforce the requirements of this
chapter listed in paragraph (1) of subdivision (c) of Section 25404.
(2) Any person who submits a notification of their intent to
operate under this exemption shall comply with the requirements of
this section and Sections 25121.3 and 25163.3.
(3) The notification required pursuant to paragraph (1) shall
include all of the following information:
(A) A general description of the remote location from which the
non-RCRA hazardous waste will be initially collected.
(B) A description of the type of hazardous waste that may be
collected.
(C) The location of the consolidation site and the generator ID
number for that generator.
(D) Significant differences in the generator's operations from the
prior year's notification.
(e) Following the procedures specified in Section 25187, the
department may revoke a generator's authority to operate pursuant to
the exemption specified in this section and Sections 25121.3 and
25163.3, if the generator has demonstrated a pattern of failure to
meet the requirements of this section and Sections 25121.3 and
25163.3 and the department, or the local officer or agency authorized
to enforce this section pursuant to subdivision (a) of Section
25180, has notified the generator of these violations prior to
issuing an order pursuant to Section 25187.
25110.10.1. For purposes of this chapter, "consolidated transporter"
means a hazardous waste transporter registered pursuant to Section
25165 and the regulations adopted by the department who has notified
the department pursuant to Section 25165 of its intent to use the
consolidated manifesting procedures set forth in Section 25160.2.
25110.11. "Contained gaseous material," for purposes of subdivision
(a) of Section 25124 or any other provision of this chapter, means
any gas that is contained in an enclosed cylinder or other enclosed
container. "Contained gaseous material" does not include any exhaust
gas, flue gas, or other vapor stream, regardless of the source, that
is abated or controlled by an air pollution control device that is
permitted by an air pollution control district or air quality
management district, or which is specially exempted from those permit
requirements.
25111. "Department" means the Department of Toxic Substances
Control.
25111.1. "Designated local public officer" means a local public
officer designated by the director pursuant to subdivision (a) of
Section 25180.
25112. "Director" means the Director of Toxic Substances Control.
25112.5. (a) "Disclosure statement" means a statement submitted to
the department by an applicant, signed by the applicant under penalty
of perjury, which includes all of the following information:
(1) The full name, any previous name or names, business address,
social security number, and driver's license number of all of the
following:
(A) The applicant.
(B) Any officers, directors, or partners, if the applicant is a
business concern.
(C) All persons or any officers, partners, or any directors if
there are no officers, of business concerns holding more than 5
percent of the equity in, or debt liability of the applicant, except
that if the debt liability is held by a lending institution, the
applicant shall only supply the name and address of the lending
institution.
(2) Except as provided in subdivision (b), the following persons
listed on the disclosure statement shall properly submit fingerprint
images and related identification information:
(A) The sole proprietor.
(B) The partners.
(C) Other persons listed in subparagraph (C) of paragraph (1) and
any officers or directors of the applicant company as required by the
department.
(3) If fingerprint images and related identification information
are submitted for purposes of paragraph (2), the fingerprint images
and related identification information shall be submitted for any
person required by paragraph (2) only once. If there is a change in
the person serving in a position for which fingerprint images and
related identification information are required to be submitted
pursuant to paragraph (2), fingerprint images and related
identification information shall be captured and submitted for that
person. Fingerprint images and the related identification information
may be obtained using the Department of Justice's electronic
fingerprint network.
(4) The full name and business address of any business concern
that generates, transports, treats, stores, recycles, disposes of, or
handles hazardous waste and hazardous materials in which the
applicant holds at least a 5 percent debt liability or equity
interest.
(5) A description of any local, state, or federal licenses,
permits, or registrations for the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials applied for, or possessed by the
applicant, or by the applicant under any previous name or names, in
the five years preceding the filing of the statement, or, if the
applicant is a business concern, by the officers, directors, or
partners of the business concern, including the name and address of
the issuing agency.
(6) A listing and explanation of any final orders or license
revocations or suspensions issued or initiated by any local, state,
or federal authority, in the five years immediately preceding the
filing of the statement, or any civil or criminal prosecutions filed
in the five years immediately preceding, or pending at the time of,
the filing of the statement, with any remedial actions or resolutions
if applicable, relating to the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials by the applicant, or by the applicant
under any previous name or names, or, if the applicant is a business
concern, by any officer, director, or partner of the business
concern.
(7) A listing of any agencies outside of the state that regulate,
or had regulated, the applicant's, or the applicant's under any
previous name or names, generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials in the five years preceding the filing of the
disclosure statement.
(8) A listing and explanation of any federal or state conviction,
judgment, or settlement, in the five years immediately preceding the
filing of the statement, with any remedial actions or resolutions if
applicable, relating to the generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials by the applicant, or by the applicant under any
previous name or names, or if the applicant is a business concern, by
any officer, director, or partner of the business concern.
(9) A listing of all owners, officers, directors, trustees, and
partners of the applicant who have owned, or been an officer,
director, trustee, or partner of, any company that generated,
transported, treated, stored, recycled, disposed of, or handled
hazardous wastes or hazardous materials and which was the subject of
any of the actions described in paragraphs (6) and (8) for the five
years preceding the filing of the statement.
(b) Notwithstanding paragraph (2) of subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange and registered under the Securities Exchange Act of 1934 (15
U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is
not subject to the fingerprint requirements of subdivision (a).
(c) In lieu of the statement specified in subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange or on the National Market System of the NASDAQ Stock Market
and registered under the Securities Exchange Act of 1934 (15 U.S.C.
Sec. 78a et seq.), or a subsidiary of that corporation, may submit to
the department copies of all periodic reports, including, but not
limited to, those reports required by Section 78m of Title 15 of the
United States Code and Part 229 (commencing with Section 229.10) of
Chapter II of Title 17 of the Code of Federal Regulations that the
corporation or subsidiary has filed with the Securities and Exchange
Commission in the three years immediately preceding the submittal, if
the corporation or subsidiary thereof has held a hazardous waste
facility permit or operated a hazardous waste facility under interim
status pursuant to Section 25200 or 25200.5 since January 1, 1984.
(d) (1) Before issuing an authorization for which a disclosure
statement is required pursuant to this chapter, the department shall
submit the fingerprint cards or electronic fingerprint images and
related identification information submitted pursuant to paragraph
(2) of subdivision (a) to the Department of Justice for the purpose
of obtaining information as to the existence and nature of a record
of state and federal level convictions and state and federal level
arrests for which the Department of Justice establishes that the
applicant is incarcerated or was released on bail or on his or her
own recognizance pending trial. The Department of Justice shall
forward any request for federal level criminal offender record
information, received by the Department of Justice, pursuant to this
subdivision, to the Federal Bureau of Investigation.
(2) For each applicant or licensee whose fingerprint images and
related identification information are submitted to the Department of
Justice pursuant to this subdivision, the Department of Justice
shall provide the following information to the department pursuant to
this section:
(A) Every conviction rendered against that applicant or licensee.
(B) Every arrest for an offense for which that applicant or
licensee is presently awaiting trial, whether the applicant or
licensee is incarcerated or has been released on bail or on his or
her own recognizance pending trial.
(3) The department, pursuant to this subdivision, shall request
subsequent arrest notification service from the Department of Justice
as provided under Section 11105.2 of the Penal Code.
(4) The department shall reimburse the Department of Justice for
the actual costs incurred by the Department of Justice for searching
and furnishing state and federal level criminal offender record
information pursuant to this subdivision.
25113. (a) "Disposal" means either of the following:
(1) The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste so that the waste or any constituent of the
waste is or may be emitted into the air or discharged into or on any
land or waters, including groundwaters, or may otherwise enter the
environment.
(2) The abandonment of any waste.
(b) The amendment of the section made at the 1989-90 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the existing law.
25114. "Disposal site" means the location where any final
deposition of hazardous waste occurs.
25115. "Extremely hazardous waste" means any hazardous waste or
mixture of hazardous wastes which, if human exposure should occur,
may likely result in death, disabling personal injury or serious
illness caused by the hazardous waste or mixture of hazardous wastes
because of its quantity, concentration, or chemical characteristics.
25115.1. "Federal act" means the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
25116. "Handling" means the transporting or transferring from one
place to another, or pumping, processing, storing, or packaging of
hazardous waste, but does not include the handling of any substance
before it becomes a waste.
25116.5. (a) "Intermediate manufacturing process stream" means a
material, or combination of materials, that meets all of the
following conditions:
(1) It is produced as part of the manufacturing process.
(2) It is used onsite on a batch or continuous basis, in either
the same or in a different manufacturing process to produce a
commercial product.
(3) It is not a recyclable material.
(4) The person who produced the material or combination of
materials is able to demonstrate all of the following:
(A) The material, or combination of materials, is used, alone or
in combination with other materials, in a manufacturing process that
is designed for its use.
(B) The material, or combination of materials, is not accumulated
or stored in amounts greater than can be used in the manufacturing
process.
(C) The material, or combination of materials, is not handled,
stored, or processed in a manner that is inconsistent with its
intended use or the operating requirements of the manufacturing
process.
(D) The material, or combination of materials, is not burned or
incinerated for the purpose of abandoning or relinquishing the
material or combination of materials, except as may otherwise be
allowed under both this chapter and the federal act.
(b) Notwithstanding subdivision (a), a material is not an
intermediate manufacturing process stream if it has been released in
violation of this chapter, or any other applicable law, or an order
issued pursuant to this chapter or other applicable law, unless it
has been released into an appropriate containment area or structure
and has been promptly recovered and returned to the manufacturing
process, without prior treatment, for use in the originally intended
manufacturing process.
25117. (a) Except as provided in subdivision (d), "hazardous waste"
means a waste that meets any of the criteria for the identification
of a hazardous waste adopted by the department pursuant to Section
25141.
(b) "Hazardous waste" includes, but is not limited to, RCRA
hazardous waste.
(c) Unless expressly provided otherwise, "hazardous waste" also
includes extremely hazardous waste and acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil
prosecution brought by a city or district attorney or the Attorney
General for violation of this chapter, when it is an element of proof
that the person knew or reasonably should have known of the
violation, or violated the chapter willfully or with reckless
disregard for the risk, or acted intentionally or negligently, the
element of proof that the waste is hazardous waste may be satisfied
by demonstrating that the waste exhibited the characteristics set
forth in subdivision (b) of Section 25141.
25117.1. "Hazardous waste facility" means all contiguous land and
structures, other appurtenances, and improvements on the land used
for the treatment, transfer, storage, resource recovery, disposal, or
recycling of hazardous waste. A hazardous waste facility may consist
of one or more treatment, transfer, storage, resource recovery,
disposal, or recycling hazardous waste management units, or
combinations of these units.
25117.2. "Hazardous waste management" or "management" means the
transportation, transfer, recycling, recovery, disposal, handling,
processing, storage, and treatment of hazardous waste.
25117.3. (a) "Hazardous waste property" means land which is either
of the following:
(1) Any hazardous waste facility or portion thereof, required to
be permitted pursuant to this chapter, which has a permit for
disposal from the department or has submitted an application for such
a permit.
(2) A portion of any land designated as a hazardous waste property
pursuant to Section 25229 where a significant disposal of hazardous
waste has occurred on, under, or into the land resulting in a
significant existing or potential hazard to present or future public
health or safety.
(b) "Hazardous waste property" does not mean residential land that
has never received waste chemicals from an industrial, commercial,
agricultural, research, or business activity.
25117.4. "Border zone property" means any property designated as
border zone property pursuant to Section 25229 which is within 2,000
feet of a significant disposal of hazardous waste, and the wastes so
located are a significant existing or potential hazard to present or
future public health or safety on the land in question.
25117.4.1. (a) "Local health officer" means county health officers,
city health officers, and district health officers, as defined in
this code.
(b) "Local officer" means a local public officer authorized to
implement this chapter pursuant to subdivision (a) of Section 25180.
25117.5. (a) Waste that is hazardous only because it is medical
waste, as defined in the Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104) shall not be
governed by, subject to fees assessed by, or otherwise subject to,
the requirements of this chapter or regulations adopted pursuant to
this chapter.
(b) Biohazardous waste that meets the conditions specified in
subdivision (f) or (g) of Section 117635 is not subject to this
chapter.
25117.6. (a) "Minor violation" means a deviation from the
requirements of this chapter, or any regulation, standard,
requirement, or permit or interim status document condition adopted
pursuant to this chapter, that is not a class I violation.
(b) (1) A minor violation does not include any of the following:
(A) Any knowing, willful, or intentional violation of this
chapter.
(B) Any violation of this chapter that enables the violator to
benefit economically from noncompliance, either by reduced costs or
competitive advantage.
(C) Any class II violation that is a chronic violation or that is
committed by a recalcitrant violator.
(2) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of subparagraph (C) of paragraph (1), the
department, or the local officer or agency authorized to enforce
this chapter pursuant to subdivision (a) of Section 25180, shall
consider whether there is evidence indicating that the violator has
engaged in a pattern of neglect or disregard with respect to the
requirements of this chapter.
25117.8. "Natural resources" includes, but is not limited to,
disposal site capacity and substances which are hazardous waste, or
which are in hazardous waste, the reuse of which is technologically
and economically feasible.
25117.9. "Non-RCRA hazardous waste" means all hazardous waste
regulated in the state, other than RCRA hazardous waste, as defined
in Section 25120.2. A hazardous waste regulated in the state is
presumed to be RCRA hazardous waste, unless it is determined,
pursuant to regulations adopted by the department, that the hazardous
waste is a non-RCRA hazardous waste.
25117.9.1. "Notice to comply" means a written method of alleging a
minor violation which is in compliance with all of the following
requirements:
(a) The notice to comply is written in the course of conducting an
inspection of a facility by an authorized representative of the
department or by a local officer or agency authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(b) A copy of the notice to comply is presented to a person who is
an owner or employee of the facility being inspected at the time
that the notice to comply is written.
(c) The notice to comply clearly states the nature of the alleged
minor violation, a means by which compliance with the permit
conditions, rule, regulation, standard, or other requirement cited by
the inspector may be achieved, and a time limit in which to comply,
which shall not exceed 30 days.
(d) The notice to comply shall contain the information specified
in subdivision (h) of Section 25187.8 with regard to inspection of
the facility.
25117.10. "License" includes, but is not limited to any, permit,
registration, or certification issued by any local, state, or federal
agency for the generation, transportation, treatment, storage,
recycling, disposal, or handling of hazardous waste.
25117.11. "Offsite facility" means a hazardous waste facility that
is not an onsite facility.
25117.12. "Onsite facility" means a hazardous waste facility at
which a hazardous waste is produced and which is owned by, leased to,
or under the control of, the producer of the waste.
25117.13. "Land use restriction" means any limitation regarding the
uses of property which may be provided by, but is not limited to, a
written instrument which imposes an easement, covenant, restriction,
or servitude, or a combination thereof, as appropriate, upon the
present and future uses of all, or part of, the land, pursuant to
Section 25202.5, 25222.1, 25230, or 25355.5.
25117.14. "Permit-by-rule" means a provision of the regulations
adopted pursuant to this chapter stating that a facility or activity
is deemed to have a hazardous waste facilities permit if it meets the
requirements of that provision.
25118. "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, and corporation, including, but not limited to, a
government corporation. "Person" also includes any city, county,
district, commission, the state or any department, agency, or
political subdivision thereof, any interstate body, and the federal
government or any department or agency thereof to the extent
permitted by law.
25119. "Processing" means treatment, as defined in Section 25123.5.
25120. "Producer" means any person who generates a waste material.
25120.2. "RCRA hazardous waste" means all waste identified as a
hazardous waste in Part 261 (commencing with Section 261.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations and appendixes thereto.
25120.5. "Recyclable material" means a hazardous waste that is
capable of being recycled, including, but not limited to, any of the
following:
(a) A residue.
(b) A spent material, including, but not limited to, a used or
spent stripping or plating solution or etchant.
(c) A material that is contaminated to such an extent that it can
no longer be used for the purpose for which it was originally
purchased or manufactured.
(d) A byproduct listed in the regulations adopted by the
department as "hazardous waste from specific sources" or "hazardous
waste from nonspecific sources. "
(e) Any retrograde material that has not been used, distributed,
or reclaimed through treatment by the original manufacturer or owner
by the later of the following dates:
(1) One year after the date when the material became a retrograde
material.
(2) If the material has been returned to the original
manufacturer, one year after the material is returned to the original
manufacturer.
25120.55. (a) Used or spent etchants, stripping solutions, and
plating solutions are spent, contaminated, or used material for
purposes of this chapter.
(b) Used or spent etchants, stripping solutions, and plating
solutions which meet a characteristic established by or are listed by
the Environmental Protection Agency or the department as a hazardous
waste and are transported from the site where they are produced, and
transferred to an unrelated or unaffiliated person for any purpose,
are subject to the requirements of this chapter which apply to
hazardous waste unless the department waives any specific provision
of this chapter pursuant to Section 25143. Nothing in this section
exempts any used or spent etchant, stripping solution, or plating
solution from any other requirement of this chapter.
25121. (a) "Recycled material" means a recyclable material which
has been used or reused, or reclaimed.
(b) "Recycled material" does not include an intermediate
manufacturing process stream.
25121.1. (a) "Recycling" means using, reusing, or reclaiming a
recyclable material.
(b) Notwithstanding subdivision (a), for purposes of the fees,
taxes, and charges imposed pursuant to Article 7 (commencing with
Section 25170), "recycling" means the collecting, transporting,
storing, transferring, handling, segregating, processing, using or
reusing, or reclaiming of recyclable material to produce recycled
material.
25121.3. (a) "Remote site" means a site operated by the generator
where hazardous waste is initially collected, at which generator
staff, other than security staff, is not routinely located, and that
is not contiguous to a staffed site operated by the generator of the
hazardous waste or that does not have access to a staffed site
without the use of public roads. Generator staff who visit a remote
location to perform inspection, monitoring, or maintenance activities
on a periodic scheduled or random basis, less frequently than daily,
are not considered to be routinely located at the remote location.
(b) Notwithstanding this chapter or the regulations adopted by the
department pursuant to this chapter, a generator who complies with
the notification requirements of subdivision (d) of Section 25110.10
may hold hazardous waste at the remote site where the hazardous waste
is initially collected, or at another remote site operated by the
generator, while en route to the consolidation site, if all of the
following requirements are met with respect to the hazardous waste:
(1) The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its management at the remote site is otherwise
exempt from, or is not otherwise regulated pursuant to, the federal
act.
(2) The requirements of subdivision (b) of Section 25110.10 are
met.
(3) All personnel handling hazardous waste at any remote site
complete health and safety training equivalent to the training
required under Section 5194 of Title 8 of the California Code of
Regulations, prior to being assigned to handle hazardous waste.
(4) A description of the actions that the generator's personnel
will take to minimize hazards to human health and safety or to the
environment from fires, explosions, or any unplanned release of
hazardous waste or hazardous waste constituents to air, soil, or
surface water at the remote site where the hazardous waste is being
managed shall be included in the contingency plan for the
consolidation site. A single generic description of response actions
may be used for all similar remote sites associated with a single
consolidation site.
(5) As soon as the generator begins to actively manage the
hazardous waste at the remote site, the generator places the
hazardous waste in a container meeting the requirements of the United
States Department of Transportation applicable to containers used to
transport hazardous waste, and the containers are managed in
accordance with the regulations adopted by the department regarding
the management by generators of containers used to hold hazardous
waste.
(6) The containers used to hold the hazardous waste at the remote
site are labeled, in accordance with the regulations adopted by the
department pertaining to labeling requirements for generators, as
soon as the hazardous waste is placed in the container.
(7) The generator makes a reasonable effort to minimize the
possibility of unknowing or unauthorized entry into the area where
the hazardous waste is held at the remote site. If the remote site is
located within one mile of a residential or commercial area, or is
otherwise readily accessible to the public, the area where hazardous
waste is held at the remote site shall at all times be supervised by
employees or agents of the generator or otherwise secured so as to
prevent unknowing entry and to minimize the possibility for
unauthorized entry.
(c) If the management of hazardous wastes at a remote site does
not meet all of the conditions specified in subdivision (b), the
hazardous waste shall be subject to all other applicable generator
and facility requirements of this chapter and the regulations adopted
by the department to implement this chapter.
25121.5. (a) "Retrograde material" means any hazardous material
which is not to be used, sold, or distributed for use in an
originally intended or prescribed manner or for an originally
intended or prescribed purpose and which meets any one or more of the
following criteria:
(1) Has undergone chemical, biochemical, physical, or other
changes due to the passage of time or the environmental conditions
under which it was stored.
(2) Has exceeded a specified or recommended shelf life.
(3) Is banned by law, regulation, ordinance, or decree.
(4) Cannot be used for reasons of economics, health or safety, or
environmental hazard.
(b) "Retrograde material" does not include material designated in
regulations adopted by the department as included in a category which
the department shall title "Discarded commercial chemical products,
off-specification species, container residues, and spill residues
thereof", if either of the following conditions is met:
(1) The material is used in a manner constituting disposal and the
material is not normally used in a manner constituting disposal.
(2) The material is burned for energy recovery and the material is
not normally burned for energy recovery.
25122.7. "Restricted hazardous waste" includes both of the
following:
(a) Any hazardous waste subject to land disposal restrictions
pursuant to Section 25179.6 and the regulations adopted by the
department pursuant to that section.
(b) Any hazardous waste which contains any of the following
substances, in the following concentrations, as determined without
considering any dilution which may occur, unless the dilution is a
normal part of a manufacturing process:
(1) Liquid hazardous wastes containing free cyanides at
concentrations greater than, or equal to, 1,000 milligrams per liter.
(2) Liquid hazardous wastes containing any of the following metals
or elements, or compounds of these metals or elements, at
concentrations greater than, or equal to, any of the following:
Arsenic ................ 500 milligrams per liter
Cadmium ................ 100 milligrams per liter
Chromium (VI) .......... 500 milligrams per liter
Lead ................... 500 milligrams per liter
Mercury ................ 20 milligrams per liter
Nickel ................. 134 milligrams per liter
Selenium ............... 100 milligrams per liter
Thallium ............... 130 milligrams per liter
(3) Liquid hazardous wastes having a pH less than or equal to two.
(4) Liquid hazardous wastes containing polychlorinated biphenyls
at concentrations greater than, or equal to, 50 milligrams per liter.
(5) Hazardous wastes containing halogenated organic compounds in
total concentration greater than, or equal to, 1,000 milligrams per
kilogram.
25122.8. "State operational costs" means the costs to the state of
overseeing removal and remedial action, as defined in Sections 25322
and 25323, to releases of hazardous substances, as defined in
Sections 25316 and 25320, if the responsible party is in compliance
with an order issued, or with an enforceable agreement entered into,
pursuant to paragraph (1) of subdivision (a) of Section 25355.5.
"State operational costs" include, but are not limited to, the
expenditure of funds pursuant to subdivision (c) or (d) of Section
25355.5.
25122.9. "Secretary" means the Secretary for Environmental
Protection.
25123. "Storage" means the holding of hazardous wastes, for a
temporary period.
25123.3. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Liquid hazardous waste" means a hazardous waste that meets
the definition of free liquids, as specified in Section 66260.10 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1994.
(2) "Remediation waste staging" means the temporary accumulation
of non-RCRA contaminated soil that is generated and held onsite, and
that is accumulated for the purpose of onsite treatment pursuant to a
certified, authorized or permitted treatment method, such as a
transportable treatment unit, if all of the following requirements
are met:
(A) The hazardous waste being accumulated does not contain free
liquids.
(B) The hazardous waste is accumulated on an impermeable surface,
such as high density polyethylene (HDPE) of at least 20 mills that is
supported by a foundation, or high density polyethylene of at least
60 mills that is not supported by a foundation.
(C) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(D) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(E) The staging area is certified by a registered engineer for
compliance with the standards specified in subparagraphs (A) to (D),
inclusive.
(3) "Transfer facility" means any offsite facility that is related
to the transportation of hazardous waste, including, but not limited
to, loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
(b) "Storage facility" means a hazardous waste facility at which
the hazardous waste meets any of the following requirements:
(1) The hazardous waste is held for greater than 90 days at an
onsite facility. The department may establish criteria and procedures
to extend that 90-day period, consistent with the federal act, and
to prescribe the manner in which the hazardous waste may be held if
not otherwise prescribed by statute.
(2) The hazardous waste is held for any period of time at an
offsite facility which is not a transfer facility.
(3) (A) Except as provided in subparagraph (B), the waste is held
at a transfer facility and any one of the following apply:
(i) The transfer facility is located in an area zoned residential
by the local planning authority.
(ii) The transfer facility commences initial operations on or
after January 1, 2005, at a site located within 500 feet of a
structure identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 25232.
(iii) The hazardous waste is held for a period greater than six
days at a transfer facility located in an area that is not zoned
industrial or agricultural by the local planning authority.
(iv) The hazardous waste is held for a period greater than 10 days
at a transfer facility located in an area zoned industrial or
agricultural by the local planning authority.
(v) The hazardous waste is held for a period greater than six days
at a transfer facility that commenced initial operations before
January 1, 2005, is located in an area zoned agricultural by the
local planning authority, and is located within 500 feet of a
structure identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 25232.
(B) (i) Notwithstanding subparagraph (A), a transfer facility
located in an area that is not zoned residential by the local
planning authority is not a storage facility, if the only hazardous
waste held at the transfer facility is hazardous waste that is
generated as a result of an emergency release and that hazardous
waste is collected and temporarily stored by emergency rescue
personnel, as defined in Section 25501, or by a response action
contractor upon the request of emergency rescue personnel or the
response action contractor, and the holding of that hazardous waste
is approved by the department.
(ii) For purposes of this subparagraph, "response action
contractor" means any person who enters into a contract with the
department to take removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) in response to a release or
threatened release, including any subcontractors of the response
action contractor.
(4) (A) Except as provided in subparagraph (B), the hazardous
waste is held onsite for any period of time, unless the hazardous
waste is held in a container, tank, drip pad, or containment building
pursuant to regulations adopted by the department.
(B) Notwithstanding subparagraph (A), a generator that accumulates
hazardous waste generated and held onsite for 90 days or less for
offsite transportation is not a storage facility if all of the
following requirements are met:
(i) The waste is non-RCRA contaminated soil.
(ii) The hazardous waste being accumulated does not contain free
liquids.
(iii) The hazardous waste is accumulated on an impermeable
surface, such as high density polyethylene (HDPE) of at least 20
mills that is supported by a foundation, or high density polyethylene
of at least 60 mills that is not supported by a foundation.
(iv) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(v) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(vi) The generator, after final offsite transportation, inspects
the accumulation site for contamination and remediates as necessary.
(vii) The site is certified by a registered engineer for
compliance with the standards specified in clauses (i) to (vi),
inclusive.
(5) The hazardous waste is held at a transfer facility at any
location for any period of time in a manner other than in a
container.
(6) The hazardous waste is held at a transfer facility at any
location for any period of time and handling occurs. For purposes of
this paragraph, "handling" does not include the transfer of packaged
or containerized hazardous waste from one vehicle to another.
(c) The time period for calculating the 90-day period for purposes
of paragraph (1) of subdivision (b), or the 180-day or 270-day
period for purposes of subdivision (h), begins when the facility has
accumulated 100 kilograms of hazardous waste or one kilogram of
extremely hazardous waste or acutely hazardous waste. However, if the
facility generates more than 100 kilograms of hazardous waste or one
kilogram of extremely hazardous waste or acutely hazardous waste
during any calendar month, the time period begins when any amount of
hazardous waste first begins to accumulate in that month.
(d) Notwithstanding paragraph (1) of subdivision (b), a generator
of hazardous waste that accumulates waste onsite is not a storage
facility if all of the following requirements are met:
(1) The generator accumulates a maximum of 55 gallons of hazardous
waste, one quart of acutely hazardous waste, or one quart of
extremely hazardous waste at an initial accumulation point that is at
or near the area where the waste is generated and that is under the
control of the operator of the process generating the waste.
(2) The generator accumulates the waste in containers other than
tanks.
(3) The generator does not hold the hazardous waste onsite without
a hazardous waste facilities permit or other grant of authorization
for a period of time longer than the shorter of the following time
periods:
(A) One year from the initial date of accumulation.
(B) Ninety days, or if subdivision (h) is applicable, 180 or 270
days, from the date that the quantity limitation specified in
paragraph (1) is reached.
(4) The generator labels any container used for the accumulation
of hazardous waste with the initial date of accumulation and with the
words "hazardous waste" or other words that identify the contents of
the container.
(5) Within three days of reaching any applicable quantity
limitation specified in paragraph (1), the generator labels the
container holding the accumulated hazardous waste with the date the
quantity limitation was reached and either transports the waste
offsite or holds the waste onsite and complies with either the
regulations adopted by the department establishing requirements for
generators subject to the time limit specified in paragraph (1) of
subdivision (b) or the requirements specified in paragraph (1) of
subdivision (h), whichever requirements are applicable.
(6) The generator complies with regulations adopted by the
department pertaining to the use and management of containers and any
other regulations adopted by the department to implement this
subdivision.
(e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b),
hazardous waste held for remediation waste staging shall not be
considered to be held at a hazardous waste storage facility if the
total accumulation period is one year or less from the date of the
initial placing of hazardous waste by the generator at the staging
site for onsite remediation, except that the department may grant one
six-month extension, upon a showing of reasonable cause by the
generator.
(2) (A) The generator shall submit a notification of plans to
store and treat hazardous waste onsite pursuant to paragraph (2) of
subdivision (a), in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant
to subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
(B) If, after the notification pursuant to subparagraph (A), or
during the initial year or the six-month extension granted by the
department, the generator determines that treatment cannot be
accomplished for all, or part of, the hazardous waste accumulated in
a remediation waste staging area, the generator shall immediately
notify the department and the appropriate local agency, pursuant to
subparagraph (A), that the treatment has been discontinued. The
generator shall then handle and dispose of the hazardous waste in
accordance with paragraph (4) of subdivision (b).
(C) A generator shall not hold hazardous waste for remediation
waste staging unless the generator can show, through laboratory
testing, bench scale testing, or other documentation, that soil held
for remediation waste staging is potentially treatable. Any fines and
penalties imposed for a violation of this subparagraph may be
imposed beginning with the 91st day that the hazardous waste was
initially accumulated.
(3) Once an onsite treatment operation is completed on hazardous
waste held pursuant to paragraph (1), the generator shall inspect the
staging area for contamination and remediate as necessary.
(f) Notwithstanding any other provision of this chapter,
remediation waste staging and the holding of non-RCRA contaminated
soil for offsite transportation in accordance with paragraph (4) of
subdivision (b) shall not be considered to be disposal or land
disposal of hazardous waste.
(g) A generator who holds hazardous waste for remediation waste
staging pursuant to paragraph (2) of subdivision (a) or who holds
hazardous waste onsite for offsite transportation pursuant to
paragraph (4) of subdivision (b) shall maintain records onsite that
demonstrate compliance with this section related to storing hazardous
waste for remediation waste staging or related to holding hazardous
waste onsite for offsite transportation, as applicable. The records
maintained pursuant to this subdivision shall be available for review
by any public agency authorized pursuant to Section 25180 or 25185.
(h) (1) Notwithstanding paragraph (1) of subdivision (b), a
generator of less than 1,000 kilograms of hazardous waste in any
calendar month who accumulates hazardous waste onsite for 180 days or
less, or 270 days or less if the generator transports the generator'
s own waste, or offers the generator's waste for transportation, over
a distance of 200 miles or more, for offsite treatment, storage, or
disposal, is not a storage facility if all of the following apply:
(A) The quantity of hazardous waste accumulated onsite never
exceeds 6,000 kilograms.
(B) The generator complies with the requirements of subdivisions
(d), (e), and (f) of Section 262.34 of Title 40 of the Code of
Federal Regulations.
(C) The generator does not hold acutely hazardous waste or
extremely hazardous waste in an amount greater than one kilogram for
a time period longer than that specified in paragraph (1) of
subdivision (b).
(2) A generator meeting the requirements of paragraph (1) who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the facility to which the generator's waste
is submitted, within 60 days from the date that the hazardous waste
was accepted by the initial transporter, shall submit to the
department a legible copy of the manifest, with some indication that
the generator has not received confirmation of delivery.
(i) The department may adopt regulations that set forth additional
restrictions and enforceable management standards that protect human
health and the environment and that apply to persons holding
hazardous waste at a transfer facility. A regulation adopted pursuant
to this subdivision shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare, and may be
adopted as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
25123.4. "Transportable hazardous waste treatment unit" or
"transportable treatment unit" means mobile equipment which performs
treatment, is transported onto a facility to perform treatment, and
is not permanently stationed at a single facility.
25123.5. (a) Except as provided in subdivisions (b) and (c),
"treatment" means any method, technique, or process which is not
otherwise excluded from the definition of treatment by this chapter
and which is designed to change the physical, chemical, or biological
character or composition of any hazardous waste or any material
contained therein, or which removes or reduces its harmful properties
or characteristics for any purpose.
(b) (1) "Treatment" does not include any of the activities listed
in paragraph (2), if one of the following requirements is met:
(A) The activity is conducted onsite in accordance with the
requirements of this chapter and the department's regulations adopted
pursuant to this chapter governing the generation and accumulation
of hazardous waste.
(B) The activity is conducted in accordance with the conditions
specified in a permit issued by the department for the storage of
hazardous waste.
(2) The activities subject to the exemption specified in paragraph
(1) include all of the following:
(A) Sieving or filtering liquid hazardous waste to remove solid
fractions, without added heat, chemicals, or pressure, as the waste
is added to or removed from a storage or accumulation tank or
container. For purposes of this subparagraph, sieving or filtering
does not include adsorption, reverse osmosis, or ultrafiltration.
(B) Phase separation of hazardous waste during storage or
accumulation in tanks or containers, if the separation is unaided by
the addition of heat or chemicals. If the phase separation occurs at
a commercial offsite permitted storage facility, all phases of the
hazardous waste shall be managed as hazardous waste after separation.
(C) Combining two or more waste streams that are not incompatible
into a single tank or container if both of the following conditions
apply:
(i) The waste streams are being combined solely for the purpose of
consolidated accumulation or storage or consolidated offsite
shipment, and they are not being combined to meet a fuel
specification or to otherwise be chemically or physically prepared to
be treated, burned for energy value, or incinerated.
(ii) The combined waste stream is managed in compliance with the
most stringent of the regulatory requirements applicable to each
individual waste stream.
(D) Evaporation of water from hazardous wastes in tanks or
containers, such as breathing and evaporation through vents and
floating roofs, without the addition of pressure, chemicals, or heat
other than sunlight or ambient room lighting or heating.
(3) This subdivision does not apply to any activity for which a
hazardous waste facilities permit for treatment is required under the
federal act.
(c) "Treatment" does not include the combination of glutaraldehyde
or orthophthalaldehyde, which is used by medical facilities to
disinfect medical devices, with formulations containing glycine as
the sole active chemical, if the process is carried out onsite.
25123.6. "Volatile organic compound" means a compound which is a
volatile organic compound according to Method No. 8240 in the
Environmental Protection Agency Document No. Solid Waste 846 (1982)
or any equivalent, alternative method acceptable to the department.
25123.7. (a) "Unified Program Facility" means all contiguous land
and structures, other appurtenances, and improvements on the land
which are subject to the requirements of paragraph (1) of subdivision
(c) of Section 25404.
(b) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the secretary to implement the unified program specified
in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(c) "Participating Agency" or "PA" means an agency which has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraph (1) of subdivision (c) of Section 25404, in accordance with
the provisions of Sections 25404.1 and 25404.2.
(d) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraph (1) of
subdivision (c) of Section 25404. For purposes of this chapter, the
UPAs have the responsibility and authority, to the extent provided by
this chapter and Sections 25404.1 and 25404.2, to implement and
enforce only those requirements of this chapter listed in paragraph
(1) of subdivision (c) of Section 25404. The UPAs also have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce the
regulations adopted to implement the requirements of this chapter
listed in paragraph (1) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404 within the jurisdiction of the CUPA. This
section shall not be construed to limit the authority or
responsibility granted to the department by this chapter to implement
and enforce this chapter and the regulations adopted pursuant
thereto.
25123.8. "Universal waste" means a hazardous waste identified as a
universal waste in Section 66273.9 of Title 22 of the California Code
of Regulations, or as that regulation may be further amended
pursuant to this chapter, or a hazardous waste designated as a
universal waste pursuant to this chapter.
25124. (a) Except as provided in subdivision (c), "waste" means any
solid, liquid, semisolid, or contained gaseous discarded material
that is not excluded by this chapter or by regulations adopted
pursuant to this chapter.
(b) For purposes of subdivision (a), a discarded material is any
material that is any of the following:
(1) Relinquished by being any of the following:
(A) Disposed of.
(B) Burned or incinerated.
(C) Accumulated, stored, or treated, but not recycled, before, or
in lieu of, being relinquished by being disposed of, burned, or
incinerated.
(2) Recycled, or accumulated, stored, or treated before recycling,
except as provided in Section 25143.2.
(3) Poses a threat to public health or the environment and meets
either, or both, of the following conditions:
(A) It is mislabeled or not adequately labeled, unless the
material is correctly labeled or adequately labeled within 10 days
after the material is discovered to be mislabeled or inadequately
labeled.
(B) It is packaged in deteriorated or damaged containers, unless
the material is contained in sound or undamaged containers within 96
hours after the containers are discovered to be deteriorated or
damaged.
(4) Considered inherently wastelike, as specified in regulations
adopted by the department.
(c) Notwithstanding subdivision (a), a material is not a discarded
material if it is either of the following:
(1) An intermediate manufacturing process stream.
(2) (A) Except as specified in subparagraph (B) and to the extent
consistent with the federal act, a coolant, lubricant, or cutting
fluid necessary to the operation of manufacturing equipment, that is
processed to extend the life of the material for continued use, and
is processed in the same manufacturing equipment in which the
material is used or in connected equipment that returns the material
to the originating manufacturing equipment for continued use.
(B) Subparagraph (A) does not apply to any of the following
material:
(i) Material that is processed in connected equipment that is not
directly and permanently connected to the originating manufacturing
equipment or that is constructed or operated in a manner that may
allow the release of any material or constituent of the material into
the environment.
(ii) Material that is a hazardous waste prior to being introduced
into the manufacturing equipment or connected equipment.
(iii) Material that is removed from the manufacturing equipment or
connected equipment for storage, treatment, disposal, or burning for
energy recovery outside that equipment.
(iv) Material that remains in the manufacturing equipment or
connected equipment more than 90 days after that equipment ceases to
be operated.
(v) Material that is processed using methods other than physical
procedures.
25110. Unless expressly incorporated by reference by another
statute, the definitions in this article govern only the construction
of this chapter. Until terms used in this chapter are defined in
either this chapter or in regulations adopted to implement this
chapter, the corresponding definitions found in the Resource
Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec.
6901 et seq.) and the regulations adopted pursuant to that act, shall
apply to the terms used in this chapter.
25110.02. "Acutely hazardous waste" means any hazardous waste
classified as an acutely hazardous waste in regulations adopted by
the department.
25110.1. "Applicant" means any person seeking an original hazardous
waste facilities permit, or an original hazardous waste hauler's
registration from the department to generate, transport, treat,
store, recycle, dispose of or handle hazardous waste.
25110.2. "Authorized local health officer" means a local health
officer authorized by the department pursuant to Section 25187.7.
25110.3. "Buffer zone" means an area of land which surrounds a
hazardous waste facility and on which certain land uses and
activities are restricted to protect the public health and safety and
the environment from existing or potential hazards caused by the
migration of hazardous waste.
25110.5. "Business" means the conduct of activity and is not
limited to a commercial or proprietary activity.
25110.8. "Business concern" means any sole proprietorship,
corporation, association, firm, partnership, trust, or other form of
commercial organization.
25110.8.5. "Class I violation" means any of the following:
(a) A deviation from the requirements of this chapter, or any
regulation, standard, requirement, or permit or interim status
document condition adopted pursuant to this chapter, that is any of
the following:
(1) The deviation represents a significant threat to human health
or safety or the environment because of one or more of the following:
(A) The volume of the waste.
(B) The relative hazardousness of the waste.
(C) The proximity of the population at risk.
(2) The deviation is significant enough that it could result in a
failure to accomplish any of the following:
(A) Ensure that hazardous waste is destined for, and delivered to,
an authorized hazardous waste facility.
(B) Prevent releases of hazardous waste or constituents to the
environment during the active or postclosure period of facility
operation.
(C) Ensure early detection of releases of hazardous waste or
constituents.
(D) Ensure adequate financial resources in the case of releases of
hazardous waste or constituents.
(E) Ensure adequate financial resources to pay for facility
closure.
(F) Perform emergency cleanup operations of, or other corrective
actions for, releases.
(b) The deviation is a Class II violation which is a chronic
violation or committed by a recalcitrant violator. "Class II
Violation" has the same meaning as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
25110.9. (a) "Conditionally exempt small quantity treatment" means
the operations of a generator conditionally exempted pursuant to
subdivision (a) of Section 25201.5.
(b) "Conditionally exempt specified waste stream" means a waste
stream treated by a generator conditionally exempted pursuant to
subdivision (c) of Section 25201.5.
25110.9.1. (a) "Conditional authorization" means a provision of
this chapter, including, but not limited to, Section 25200.3, which
provides that a person or activity is deemed to be operating pursuant
to a grant of authorization, as required pursuant to subdivision (a)
of Section 25201, if the person or activity meets the requirements
of that provision.
(b) "Conditional exemption" means a provision of this chapter,
including, but not limited to, Sections 25144.6, 25201.5, 25201.5.1,
25201.8, and 25201.13, which provides that a person or activity is
exempted from, or is otherwise not subject to, the requirement to
obtain a hazardous waste facilities permit or other grant of
authorization if the person or activity meets the requirements of
that provision.
25110.9.3. For purposes of this chapter, "consolidated manifest"
means a hazardous waste manifest used by a milk run transporter to
combine hazardous waste shipments from multiple generators on one
consolidated manifest pursuant to the procedures in Section 25160.2.
25110.10. (a) "Consolidation site" means a site to which hazardous
waste initially collected at a remote site, as defined in Section
25121.3, is transported.
(b) Hazardous waste initially collected at a remote site and
subsequently transported to a consolidation site, which is operated
by the generator of the hazardous waste, shall be deemed to be
generated at the consolidation site for purposes of this chapter if
the generator complies with the notification requirements of
subdivision (d) and all of the following conditions are met:
(1) The hazardous waste is non-RCRA hazardous waste, or the
hazardous waste or its management at the consolidation site is
otherwise exempt from, or is not otherwise regulated pursuant to, the
federal act.
(2) (A) The hazardous waste is not generated through large spill
cleanup activities.
(B) As used in this paragraph, "large spill cleanup" means a spill
cleanup operation that generates more than a total of 275 gallons or
2,500 pounds, whichever is greater, of hazardous waste.
(3) The hazardous waste is transported to the consolidation site
within 10 days from the date that the generator first begins to
actively manage the hazardous waste at the remote site, unless the
generator has been granted an extension to the 10-day period. An
extension of up to 20 days may be granted by the department, if the
generator demonstrates to the department's satisfaction that more
than 10 days is required to collect and transport the hazardous waste
to the consolidation site solely for the purpose of facilitating
effective and efficient removal, collection, or transportation of the
hazardous waste.
(4) The hazardous waste is not handled at any interim site en
route from the remote site to the consolidation site, except that the
hazardous waste may be temporarily held at an interim site pursuant
to subdivision (b) of Section 25121.3 and subdivision (e) of Section
25163.3.
(5) At the consolidation site, the hazardous waste is managed at
all times in accordance with all applicable requirements of this
chapter and the regulations adopted by the department pursuant to
this chapter. For purposes of Section 25123.3, the accumulation
period shall begin on the day that the hazardous waste arrives at the
consolidation site.
(6) Each container of hazardous waste is labeled at the remote
site, in accordance with the regulations adopted by the department
pertaining to labeling requirements for generators, and the label
remains on the container at all times while the hazardous waste is in
the container and in the possession of the generator. Each container
shall be labeled with the date that the container reaches the
consolidation site. If individual containers are placed into a larger
container, the labeling information required pursuant to this
paragraph and paragraph (6) of subdivision (b) of Section 25121.3
shall also be placed on the outside of the larger container. If the
hazardous waste is transferred to another container, the labeling
information required pursuant to this paragraph and paragraph (6) of
subdivision (b) of Section 25121.3 shall also be placed on the
outside of the new container.
(7) The generator maintains at the consolidation site the
information specified in paragraphs (1) to (10), inclusive, of
subdivision (g) of Section 25163.3 for each shipment of hazardous
waste initially collected at a remote site that is received at the
consolidation site. This information shall be maintained for at least
three years from the date that hazardous waste is received at the
consolidation site. For shipments subject to the requirement to be
accompanied by a shipment paper pursuant to subdivision (g) of
Section 25163.3, the requirements of this paragraph may be fulfilled
by maintaining a copy of the shipping paper at the consolidation
site.
(c) For purposes of paragraph (1) of subdivision (d) of Section
25123.3, the "initial accumulation point" for hazardous waste
initially collected at a remote site and subsequently transported to
a consolidation site, in accordance with subdivision (b), shall be
deemed to be the location where the hazardous waste is first
accumulated at the consolidation site.
(d) (1) Subdivision (b) of this section and subdivision (b) of
Section 25121.3 apply only to a generator who annually submits a
notification of the generator's intent to operate under this
exemption, in person or by certified mail, with return receipt
requested, to the department and one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, to
the officer or agency authorized pursuant to subdivision (f) of
Section 25404.3 to implement and enforce the requirements of this
chapter listed in paragraph (1) of subdivision (c) of Section 25404.
(2) Any person who submits a notification of their intent to
operate under this exemption shall comply with the requirements of
this section and Sections 25121.3 and 25163.3.
(3) The notification required pursuant to paragraph (1) shall
include all of the following information:
(A) A general description of the remote location from which the
non-RCRA hazardous waste will be initially collected.
(B) A description of the type of hazardous waste that may be
collected.
(C) The location of the consolidation site and the generator ID
number for that generator.
(D) Significant differences in the generator's operations from the
prior year's notification.
(e) Following the procedures specified in Section 25187, the
department may revoke a generator's authority to operate pursuant to
the exemption specified in this section and Sections 25121.3 and
25163.3, if the generator has demonstrated a pattern of failure to
meet the requirements of this section and Sections 25121.3 and
25163.3 and the department, or the local officer or agency authorized
to enforce this section pursuant to subdivision (a) of Section
25180, has notified the generator of these violations prior to
issuing an order pursuant to Section 25187.
25110.10.1. For purposes of this chapter, "consolidated transporter"
means a hazardous waste transporter registered pursuant to Section
25165 and the regulations adopted by the department who has notified
the department pursuant to Section 25165 of its intent to use the
consolidated manifesting procedures set forth in Section 25160.2.
25110.11. "Contained gaseous material," for purposes of subdivision
(a) of Section 25124 or any other provision of this chapter, means
any gas that is contained in an enclosed cylinder or other enclosed
container. "Contained gaseous material" does not include any exhaust
gas, flue gas, or other vapor stream, regardless of the source, that
is abated or controlled by an air pollution control device that is
permitted by an air pollution control district or air quality
management district, or which is specially exempted from those permit
requirements.
25111. "Department" means the Department of Toxic Substances
Control.
25111.1. "Designated local public officer" means a local public
officer designated by the director pursuant to subdivision (a) of
Section 25180.
25112. "Director" means the Director of Toxic Substances Control.
25112.5. (a) "Disclosure statement" means a statement submitted to
the department by an applicant, signed by the applicant under penalty
of perjury, which includes all of the following information:
(1) The full name, any previous name or names, business address,
social security number, and driver's license number of all of the
following:
(A) The applicant.
(B) Any officers, directors, or partners, if the applicant is a
business concern.
(C) All persons or any officers, partners, or any directors if
there are no officers, of business concerns holding more than 5
percent of the equity in, or debt liability of the applicant, except
that if the debt liability is held by a lending institution, the
applicant shall only supply the name and address of the lending
institution.
(2) Except as provided in subdivision (b), the following persons
listed on the disclosure statement shall properly submit fingerprint
images and related identification information:
(A) The sole proprietor.
(B) The partners.
(C) Other persons listed in subparagraph (C) of paragraph (1) and
any officers or directors of the applicant company as required by the
department.
(3) If fingerprint images and related identification information
are submitted for purposes of paragraph (2), the fingerprint images
and related identification information shall be submitted for any
person required by paragraph (2) only once. If there is a change in
the person serving in a position for which fingerprint images and
related identification information are required to be submitted
pursuant to paragraph (2), fingerprint images and related
identification information shall be captured and submitted for that
person. Fingerprint images and the related identification information
may be obtained using the Department of Justice's electronic
fingerprint network.
(4) The full name and business address of any business concern
that generates, transports, treats, stores, recycles, disposes of, or
handles hazardous waste and hazardous materials in which the
applicant holds at least a 5 percent debt liability or equity
interest.
(5) A description of any local, state, or federal licenses,
permits, or registrations for the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials applied for, or possessed by the
applicant, or by the applicant under any previous name or names, in
the five years preceding the filing of the statement, or, if the
applicant is a business concern, by the officers, directors, or
partners of the business concern, including the name and address of
the issuing agency.
(6) A listing and explanation of any final orders or license
revocations or suspensions issued or initiated by any local, state,
or federal authority, in the five years immediately preceding the
filing of the statement, or any civil or criminal prosecutions filed
in the five years immediately preceding, or pending at the time of,
the filing of the statement, with any remedial actions or resolutions
if applicable, relating to the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials by the applicant, or by the applicant
under any previous name or names, or, if the applicant is a business
concern, by any officer, director, or partner of the business
concern.
(7) A listing of any agencies outside of the state that regulate,
or had regulated, the applicant's, or the applicant's under any
previous name or names, generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials in the five years preceding the filing of the
disclosure statement.
(8) A listing and explanation of any federal or state conviction,
judgment, or settlement, in the five years immediately preceding the
filing of the statement, with any remedial actions or resolutions if
applicable, relating to the generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials by the applicant, or by the applicant under any
previous name or names, or if the applicant is a business concern, by
any officer, director, or partner of the business concern.
(9) A listing of all owners, officers, directors, trustees, and
partners of the applicant who have owned, or been an officer,
director, trustee, or partner of, any company that generated,
transported, treated, stored, recycled, disposed of, or handled
hazardous wastes or hazardous materials and which was the subject of
any of the actions described in paragraphs (6) and (8) for the five
years preceding the filing of the statement.
(b) Notwithstanding paragraph (2) of subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange and registered under the Securities Exchange Act of 1934 (15
U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is
not subject to the fingerprint requirements of subdivision (a).
(c) In lieu of the statement specified in subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange or on the National Market System of the NASDAQ Stock Market
and registered under the Securities Exchange Act of 1934 (15 U.S.C.
Sec. 78a et seq.), or a subsidiary of that corporation, may submit to
the department copies of all periodic reports, including, but not
limited to, those reports required by Section 78m of Title 15 of the
United States Code and Part 229 (commencing with Section 229.10) of
Chapter II of Title 17 of the Code of Federal Regulations that the
corporation or subsidiary has filed with the Securities and Exchange
Commission in the three years immediately preceding the submittal, if
the corporation or subsidiary thereof has held a hazardous waste
facility permit or operated a hazardous waste facility under interim
status pursuant to Section 25200 or 25200.5 since January 1, 1984.
(d) (1) Before issuing an authorization for which a disclosure
statement is required pursuant to this chapter, the department shall
submit the fingerprint cards or electronic fingerprint images and
related identification information submitted pursuant to paragraph
(2) of subdivision (a) to the Department of Justice for the purpose
of obtaining information as to the existence and nature of a record
of state and federal level convictions and state and federal level
arrests for which the Department of Justice establishes that the
applicant is incarcerated or was released on bail or on his or her
own recognizance pending trial. The Department of Justice shall
forward any request for federal level criminal offender record
information, received by the Department of Justice, pursuant to this
subdivision, to the Federal Bureau of Investigation.
(2) For each applicant or licensee whose fingerprint images and
related identification information are submitted to the Department of
Justice pursuant to this subdivision, the Department of Justice
shall provide the following information to the department pursuant to
this section:
(A) Every conviction rendered against that applicant or licensee.
(B) Every arrest for an offense for which that applicant or
licensee is presently awaiting trial, whether the applicant or
licensee is incarcerated or has been released on bail or on his or
her own recognizance pending trial.
(3) The department, pursuant to this subdivision, shall request
subsequent arrest notification service from the Department of Justice
as provided under Section 11105.2 of the Penal Code.
(4) The department shall reimburse the Department of Justice for
the actual costs incurred by the Department of Justice for searching
and furnishing state and federal level criminal offender record
information pursuant to this subdivision.
25113. (a) "Disposal" means either of the following:
(1) The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste so that the waste or any constituent of the
waste is or may be emitted into the air or discharged into or on any
land or waters, including groundwaters, or may otherwise enter the
environment.
(2) The abandonment of any waste.
(b) The amendment of the section made at the 1989-90 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the existing law.
25114. "Disposal site" means the location where any final
deposition of hazardous waste occurs.
25115. "Extremely hazardous waste" means any hazardous waste or
mixture of hazardous wastes which, if human exposure should occur,
may likely result in death, disabling personal injury or serious
illness caused by the hazardous waste or mixture of hazardous wastes
because of its quantity, concentration, or chemical characteristics.
25115.1. "Federal act" means the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
25116. "Handling" means the transporting or transferring from one
place to another, or pumping, processing, storing, or packaging of
hazardous waste, but does not include the handling of any substance
before it becomes a waste.
25116.5. (a) "Intermediate manufacturing process stream" means a
material, or combination of materials, that meets all of the
following conditions:
(1) It is produced as part of the manufacturing process.
(2) It is used onsite on a batch or continuous basis, in either
the same or in a different manufacturing process to produce a
commercial product.
(3) It is not a recyclable material.
(4) The person who produced the material or combination of
materials is able to demonstrate all of the following:
(A) The material, or combination of materials, is used, alone or
in combination with other materials, in a manufacturing process that
is designed for its use.
(B) The material, or combination of materials, is not accumulated
or stored in amounts greater than can be used in the manufacturing
process.
(C) The material, or combination of materials, is not handled,
stored, or processed in a manner that is inconsistent with its
intended use or the operating requirements of the manufacturing
process.
(D) The material, or combination of materials, is not burned or
incinerated for the purpose of abandoning or relinquishing the
material or combination of materials, except as may otherwise be
allowed under both this chapter and the federal act.
(b) Notwithstanding subdivision (a), a material is not an
intermediate manufacturing process stream if it has been released in
violation of this chapter, or any other applicable law, or an order
issued pursuant to this chapter or other applicable law, unless it
has been released into an appropriate containment area or structure
and has been promptly recovered and returned to the manufacturing
process, without prior treatment, for use in the originally intended
manufacturing process.
25117. (a) Except as provided in subdivision (d), "hazardous waste"
means a waste that meets any of the criteria for the identification
of a hazardous waste adopted by the department pursuant to Section
25141.
(b) "Hazardous waste" includes, but is not limited to, RCRA
hazardous waste.
(c) Unless expressly provided otherwise, "hazardous waste" also
includes extremely hazardous waste and acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil
prosecution brought by a city or district attorney or the Attorney
General for violation of this chapter, when it is an element of proof
that the person knew or reasonably should have known of the
violation, or violated the chapter willfully or with reckless
disregard for the risk, or acted intentionally or negligently, the
element of proof that the waste is hazardous waste may be satisfied
by demonstrating that the waste exhibited the characteristics set
forth in subdivision (b) of Section 25141.
25117.1. "Hazardous waste facility" means all contiguous land and
structures, other appurtenances, and improvements on the land used
for the treatment, transfer, storage, resource recovery, disposal, or
recycling of hazardous waste. A hazardous waste facility may consist
of one or more treatment, transfer, storage, resource recovery,
disposal, or recycling hazardous waste management units, or
combinations of these units.
25117.2. "Hazardous waste management" or "management" means the
transportation, transfer, recycling, recovery, disposal, handling,
processing, storage, and treatment of hazardous waste.
25117.3. (a) "Hazardous waste property" means land which is either
of the following:
(1) Any hazardous waste facility or portion thereof, required to
be permitted pursuant to this chapter, which has a permit for
disposal from the department or has submitted an application for such
a permit.
(2) A portion of any land designated as a hazardous waste property
pursuant to Section 25229 where a significant disposal of hazardous
waste has occurred on, under, or into the land resulting in a
significant existing or potential hazard to present or future public
health or safety.
(b) "Hazardous waste property" does not mean residential land that
has never received waste chemicals from an industrial, commercial,
agricultural, research, or business activity.
25117.4. "Border zone property" means any property designated as
border zone property pursuant to Section 25229 which is within 2,000
feet of a significant disposal of hazardous waste, and the wastes so
located are a significant existing or potential hazard to present or
future public health or safety on the land in question.
25117.4.1. (a) "Local health officer" means county health officers,
city health officers, and district health officers, as defined in
this code.
(b) "Local officer" means a local public officer authorized to
implement this chapter pursuant to subdivision (a) of Section 25180.
25117.5. (a) Waste that is hazardous only because it is medical
waste, as defined in the Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104) shall not be
governed by, subject to fees assessed by, or otherwise subject to,
the requirements of this chapter or regulations adopted pursuant to
this chapter.
(b) Biohazardous waste that meets the conditions specified in
subdivision (f) or (g) of Section 117635 is not subject to this
chapter.
25117.6. (a) "Minor violation" means a deviation from the
requirements of this chapter, or any regulation, standard,
requirement, or permit or interim status document condition adopted
pursuant to this chapter, that is not a class I violation.
(b) (1) A minor violation does not include any of the following:
(A) Any knowing, willful, or intentional violation of this
chapter.
(B) Any violation of this chapter that enables the violator to
benefit economically from noncompliance, either by reduced costs or
competitive advantage.
(C) Any class II violation that is a chronic violation or that is
committed by a recalcitrant violator.
(2) In determining whether a violation is chronic or a violator is
recalcitrant, for purposes of subparagraph (C) of paragraph (1), the
department, or the local officer or agency authorized to enforce
this chapter pursuant to subdivision (a) of Section 25180, shall
consider whether there is evidence indicating that the violator has
engaged in a pattern of neglect or disregard with respect to the
requirements of this chapter.
25117.8. "Natural resources" includes, but is not limited to,
disposal site capacity and substances which are hazardous waste, or
which are in hazardous waste, the reuse of which is technologically
and economically feasible.
25117.9. "Non-RCRA hazardous waste" means all hazardous waste
regulated in the state, other than RCRA hazardous waste, as defined
in Section 25120.2. A hazardous waste regulated in the state is
presumed to be RCRA hazardous waste, unless it is determined,
pursuant to regulations adopted by the department, that the hazardous
waste is a non-RCRA hazardous waste.
25117.9.1. "Notice to comply" means a written method of alleging a
minor violation which is in compliance with all of the following
requirements:
(a) The notice to comply is written in the course of conducting an
inspection of a facility by an authorized representative of the
department or by a local officer or agency authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(b) A copy of the notice to comply is presented to a person who is
an owner or employee of the facility being inspected at the time
that the notice to comply is written.
(c) The notice to comply clearly states the nature of the alleged
minor violation, a means by which compliance with the permit
conditions, rule, regulation, standard, or other requirement cited by
the inspector may be achieved, and a time limit in which to comply,
which shall not exceed 30 days.
(d) The notice to comply shall contain the information specified
in subdivision (h) of Section 25187.8 with regard to inspection of
the facility.
25117.10. "License" includes, but is not limited to any, permit,
registration, or certification issued by any local, state, or federal
agency for the generation, transportation, treatment, storage,
recycling, disposal, or handling of hazardous waste.
25117.11. "Offsite facility" means a hazardous waste facility that
is not an onsite facility.
25117.12. "Onsite facility" means a hazardous waste facility at
which a hazardous waste is produced and which is owned by, leased to,
or under the control of, the producer of the waste.
25117.13. "Land use restriction" means any limitation regarding the
uses of property which may be provided by, but is not limited to, a
written instrument which imposes an easement, covenant, restriction,
or servitude, or a combination thereof, as appropriate, upon the
present and future uses of all, or part of, the land, pursuant to
Section 25202.5, 25222.1, 25230, or 25355.5.
25117.14. "Permit-by-rule" means a provision of the regulations
adopted pursuant to this chapter stating that a facility or activity
is deemed to have a hazardous waste facilities permit if it meets the
requirements of that provision.
25118. "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, and corporation, including, but not limited to, a
government corporation. "Person" also includes any city, county,
district, commission, the state or any department, agency, or
political subdivision thereof, any interstate body, and the federal
government or any department or agency thereof to the extent
permitted by law.
25119. "Processing" means treatment, as defined in Section 25123.5.
25120. "Producer" means any person who generates a waste material.
25120.2. "RCRA hazardous waste" means all waste identified as a
hazardous waste in Part 261 (commencing with Section 261.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations and appendixes thereto.
25120.5. "Recyclable material" means a hazardous waste that is
capable of being recycled, including, but not limited to, any of the
following:
(a) A residue.
(b) A spent material, including, but not limited to, a used or
spent stripping or plating solution or etchant.
(c) A material that is contaminated to such an extent that it can
no longer be used for the purpose for which it was originally
purchased or manufactured.
(d) A byproduct listed in the regulations adopted by the
department as "hazardous waste from specific sources" or "hazardous
waste from nonspecific sources. "
(e) Any retrograde material that has not been used, distributed,
or reclaimed through treatment by the original manufacturer or owner
by the later of the following dates:
(1) One year after the date when the material became a retrograde
material.
(2) If the material has been returned to the original
manufacturer, one year after the material is returned to the original
manufacturer.
25120.55. (a) Used or spent etchants, stripping solutions, and
plating solutions are spent, contaminated, or used material for
purposes of this chapter.
(b) Used or spent etchants, stripping solutions, and plating
solutions which meet a characteristic established by or are listed by
the Environmental Protection Agency or the department as a hazardous
waste and are transported from the site where they are produced, and
transferred to an unrelated or unaffiliated person for any purpose,
are subject to the requirements of this chapter which apply to
hazardous waste unless the department waives any specific provision
of this chapter pursuant to Section 25143. Nothing in this section
exempts any used or spent etchant, stripping solution, or plating
solution from any other requirement of this chapter.
25121. (a) "Recycled material" means a recyclable material which
has been used or reused, or reclaimed.
(b) "Recycled material" does not include an intermediate
manufacturing process stream.
25121.1. (a) "Recycling" means using, reusing, or reclaiming a
recyclable material.
(b) Notwithstanding subdivision (a), for purposes of the fees,
taxes, and charges imposed pursuant to Article 7 (commencing with
Section 25170), "recycling" means the collecting, transporting,
storing, transferring, handling, segregating, processing, using or
reusing, or reclaiming of recyclable material to produce recycled
material.
25121.3. (a) "Remote site" means a site operated by the generator
where hazardous waste is initially collected, at which generator
staff, other than security staff, is not routinely located, and that
is not contiguous to a staffed site operated by the generator of the
hazardous waste or that does not have access to a staffed site
without the use of public roads. Generator staff who visit a remote
location to perform inspection, monitoring, or maintenance activities
on a periodic scheduled or random basis, less frequently than daily,
are not considered to be routinely located at the remote location.
(b) Notwithstanding this chapter or the regulations adopted by the
department pursuant to this chapter, a generator who complies with
the notification requirements of subdivision (d) of Section 25110.10
may hold hazardous waste at the remote site where the hazardous waste
is initially collected, or at another remote site operated by the
generator, while en route to the consolidation site, if all of the
following requirements are met with respect to the hazardous waste:
(1) The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its management at the remote site is otherwise
exempt from, or is not otherwise regulated pursuant to, the federal
act.
(2) The requirements of subdivision (b) of Section 25110.10 are
met.
(3) All personnel handling hazardous waste at any remote site
complete health and safety training equivalent to the training
required under Section 5194 of Title 8 of the California Code of
Regulations, prior to being assigned to handle hazardous waste.
(4) A description of the actions that the generator's personnel
will take to minimize hazards to human health and safety or to the
environment from fires, explosions, or any unplanned release of
hazardous waste or hazardous waste constituents to air, soil, or
surface water at the remote site where the hazardous waste is being
managed shall be included in the contingency plan for the
consolidation site. A single generic description of response actions
may be used for all similar remote sites associated with a single
consolidation site.
(5) As soon as the generator begins to actively manage the
hazardous waste at the remote site, the generator places the
hazardous waste in a container meeting the requirements of the United
States Department of Transportation applicable to containers used to
transport hazardous waste, and the containers are managed in
accordance with the regulations adopted by the department regarding
the management by generators of containers used to hold hazardous
waste.
(6) The containers used to hold the hazardous waste at the remote
site are labeled, in accordance with the regulations adopted by the
department pertaining to labeling requirements for generators, as
soon as the hazardous waste is placed in the container.
(7) The generator makes a reasonable effort to minimize the
possibility of unknowing or unauthorized entry into the area where
the hazardous waste is held at the remote site. If the remote site is
located within one mile of a residential or commercial area, or is
otherwise readily accessible to the public, the area where hazardous
waste is held at the remote site shall at all times be supervised by
employees or agents of the generator or otherwise secured so as to
prevent unknowing entry and to minimize the possibility for
unauthorized entry.
(c) If the management of hazardous wastes at a remote site does
not meet all of the conditions specified in subdivision (b), the
hazardous waste shall be subject to all other applicable generator
and facility requirements of this chapter and the regulations adopted
by the department to implement this chapter.
25121.5. (a) "Retrograde material" means any hazardous material
which is not to be used, sold, or distributed for use in an
originally intended or prescribed manner or for an originally
intended or prescribed purpose and which meets any one or more of the
following criteria:
(1) Has undergone chemical, biochemical, physical, or other
changes due to the passage of time or the environmental conditions
under which it was stored.
(2) Has exceeded a specified or recommended shelf life.
(3) Is banned by law, regulation, ordinance, or decree.
(4) Cannot be used for reasons of economics, health or safety, or
environmental hazard.
(b) "Retrograde material" does not include material designated in
regulations adopted by the department as included in a category which
the department shall title "Discarded commercial chemical products,
off-specification species, container residues, and spill residues
thereof", if either of the following conditions is met:
(1) The material is used in a manner constituting disposal and the
material is not normally used in a manner constituting disposal.
(2) The material is burned for energy recovery and the material is
not normally burned for energy recovery.
25122.7. "Restricted hazardous waste" includes both of the
following:
(a) Any hazardous waste subject to land disposal restrictions
pursuant to Section 25179.6 and the regulations adopted by the
department pursuant to that section.
(b) Any hazardous waste which contains any of the following
substances, in the following concentrations, as determined without
considering any dilution which may occur, unless the dilution is a
normal part of a manufacturing process:
(1) Liquid hazardous wastes containing free cyanides at
concentrations greater than, or equal to, 1,000 milligrams per liter.
(2) Liquid hazardous wastes containing any of the following metals
or elements, or compounds of these metals or elements, at
concentrations greater than, or equal to, any of the following:
Arsenic ................ 500 milligrams per liter
Cadmium ................ 100 milligrams per liter
Chromium (VI) .......... 500 milligrams per liter
Lead ................... 500 milligrams per liter
Mercury ................ 20 milligrams per liter
Nickel ................. 134 milligrams per liter
Selenium ............... 100 milligrams per liter
Thallium ............... 130 milligrams per liter
(3) Liquid hazardous wastes having a pH less than or equal to two.
(4) Liquid hazardous wastes containing polychlorinated biphenyls
at concentrations greater than, or equal to, 50 milligrams per liter.
(5) Hazardous wastes containing halogenated organic compounds in
total concentration greater than, or equal to, 1,000 milligrams per
kilogram.
25122.8. "State operational costs" means the costs to the state of
overseeing removal and remedial action, as defined in Sections 25322
and 25323, to releases of hazardous substances, as defined in
Sections 25316 and 25320, if the responsible party is in compliance
with an order issued, or with an enforceable agreement entered into,
pursuant to paragraph (1) of subdivision (a) of Section 25355.5.
"State operational costs" include, but are not limited to, the
expenditure of funds pursuant to subdivision (c) or (d) of Section
25355.5.
25122.9. "Secretary" means the Secretary for Environmental
Protection.
25123. "Storage" means the holding of hazardous wastes, for a
temporary period.
25123.3. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Liquid hazardous waste" means a hazardous waste that meets
the definition of free liquids, as specified in Section 66260.10 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1994.
(2) "Remediation waste staging" means the temporary accumulation
of non-RCRA contaminated soil that is generated and held onsite, and
that is accumulated for the purpose of onsite treatment pursuant to a
certified, authorized or permitted treatment method, such as a
transportable treatment unit, if all of the following requirements
are met:
(A) The hazardous waste being accumulated does not contain free
liquids.
(B) The hazardous waste is accumulated on an impermeable surface,
such as high density polyethylene (HDPE) of at least 20 mills that is
supported by a foundation, or high density polyethylene of at least
60 mills that is not supported by a foundation.
(C) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(D) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(E) The staging area is certified by a registered engineer for
compliance with the standards specified in subparagraphs (A) to (D),
inclusive.
(3) "Transfer facility" means any offsite facility that is related
to the transportation of hazardous waste, including, but not limited
to, loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
(b) "Storage facility" means a hazardous waste facility at which
the hazardous waste meets any of the following requirements:
(1) The hazardous waste is held for greater than 90 days at an
onsite facility. The department may establish criteria and procedures
to extend that 90-day period, consistent with the federal act, and
to prescribe the manner in which the hazardous waste may be held if
not otherwise prescribed by statute.
(2) The hazardous waste is held for any period of time at an
offsite facility which is not a transfer facility.
(3) (A) Except as provided in subparagraph (B), the waste is held
at a transfer facility and any one of the following apply:
(i) The transfer facility is located in an area zoned residential
by the local planning authority.
(ii) The transfer facility commences initial operations on or
after January 1, 2005, at a site located within 500 feet of a
structure identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 25232.
(iii) The hazardous waste is held for a period greater than six
days at a transfer facility located in an area that is not zoned
industrial or agricultural by the local planning authority.
(iv) The hazardous waste is held for a period greater than 10 days
at a transfer facility located in an area zoned industrial or
agricultural by the local planning authority.
(v) The hazardous waste is held for a period greater than six days
at a transfer facility that commenced initial operations before
January 1, 2005, is located in an area zoned agricultural by the
local planning authority, and is located within 500 feet of a
structure identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 25232.
(B) (i) Notwithstanding subparagraph (A), a transfer facility
located in an area that is not zoned residential by the local
planning authority is not a storage facility, if the only hazardous
waste held at the transfer facility is hazardous waste that is
generated as a result of an emergency release and that hazardous
waste is collected and temporarily stored by emergency rescue
personnel, as defined in Section 25501, or by a response action
contractor upon the request of emergency rescue personnel or the
response action contractor, and the holding of that hazardous waste
is approved by the department.
(ii) For purposes of this subparagraph, "response action
contractor" means any person who enters into a contract with the
department to take removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) in response to a release or
threatened release, including any subcontractors of the response
action contractor.
(4) (A) Except as provided in subparagraph (B), the hazardous
waste is held onsite for any period of time, unless the hazardous
waste is held in a container, tank, drip pad, or containment building
pursuant to regulations adopted by the department.
(B) Notwithstanding subparagraph (A), a generator that accumulates
hazardous waste generated and held onsite for 90 days or less for
offsite transportation is not a storage facility if all of the
following requirements are met:
(i) The waste is non-RCRA contaminated soil.
(ii) The hazardous waste being accumulated does not contain free
liquids.
(iii) The hazardous waste is accumulated on an impermeable
surface, such as high density polyethylene (HDPE) of at least 20
mills that is supported by a foundation, or high density polyethylene
of at least 60 mills that is not supported by a foundation.
(iv) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(v) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(vi) The generator, after final offsite transportation, inspects
the accumulation site for contamination and remediates as necessary.
(vii) The site is certified by a registered engineer for
compliance with the standards specified in clauses (i) to (vi),
inclusive.
(5) The hazardous waste is held at a transfer facility at any
location for any period of time in a manner other than in a
container.
(6) The hazardous waste is held at a transfer facility at any
location for any period of time and handling occurs. For purposes of
this paragraph, "handling" does not include the transfer of packaged
or containerized hazardous waste from one vehicle to another.
(c) The time period for calculating the 90-day period for purposes
of paragraph (1) of subdivision (b), or the 180-day or 270-day
period for purposes of subdivision (h), begins when the facility has
accumulated 100 kilograms of hazardous waste or one kilogram of
extremely hazardous waste or acutely hazardous waste. However, if the
facility generates more than 100 kilograms of hazardous waste or one
kilogram of extremely hazardous waste or acutely hazardous waste
during any calendar month, the time period begins when any amount of
hazardous waste first begins to accumulate in that month.
(d) Notwithstanding paragraph (1) of subdivision (b), a generator
of hazardous waste that accumulates waste onsite is not a storage
facility if all of the following requirements are met:
(1) The generator accumulates a maximum of 55 gallons of hazardous
waste, one quart of acutely hazardous waste, or one quart of
extremely hazardous waste at an initial accumulation point that is at
or near the area where the waste is generated and that is under the
control of the operator of the process generating the waste.
(2) The generator accumulates the waste in containers other than
tanks.
(3) The generator does not hold the hazardous waste onsite without
a hazardous waste facilities permit or other grant of authorization
for a period of time longer than the shorter of the following time
periods:
(A) One year from the initial date of accumulation.
(B) Ninety days, or if subdivision (h) is applicable, 180 or 270
days, from the date that the quantity limitation specified in
paragraph (1) is reached.
(4) The generator labels any container used for the accumulation
of hazardous waste with the initial date of accumulation and with the
words "hazardous waste" or other words that identify the contents of
the container.
(5) Within three days of reaching any applicable quantity
limitation specified in paragraph (1), the generator labels the
container holding the accumulated hazardous waste with the date the
quantity limitation was reached and either transports the waste
offsite or holds the waste onsite and complies with either the
regulations adopted by the department establishing requirements for
generators subject to the time limit specified in paragraph (1) of
subdivision (b) or the requirements specified in paragraph (1) of
subdivision (h), whichever requirements are applicable.
(6) The generator complies with regulations adopted by the
department pertaining to the use and management of containers and any
other regulations adopted by the department to implement this
subdivision.
(e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b),
hazardous waste held for remediation waste staging shall not be
considered to be held at a hazardous waste storage facility if the
total accumulation period is one year or less from the date of the
initial placing of hazardous waste by the generator at the staging
site for onsite remediation, except that the department may grant one
six-month extension, upon a showing of reasonable cause by the
generator.
(2) (A) The generator shall submit a notification of plans to
store and treat hazardous waste onsite pursuant to paragraph (2) of
subdivision (a), in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant
to subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
(B) If, after the notification pursuant to subparagraph (A), or
during the initial year or the six-month extension granted by the
department, the generator determines that treatment cannot be
accomplished for all, or part of, the hazardous waste accumulated in
a remediation waste staging area, the generator shall immediately
notify the department and the appropriate local agency, pursuant to
subparagraph (A), that the treatment has been discontinued. The
generator shall then handle and dispose of the hazardous waste in
accordance with paragraph (4) of subdivision (b).
(C) A generator shall not hold hazardous waste for remediation
waste staging unless the generator can show, through laboratory
testing, bench scale testing, or other documentation, that soil held
for remediation waste staging is potentially treatable. Any fines and
penalties imposed for a violation of this subparagraph may be
imposed beginning with the 91st day that the hazardous waste was
initially accumulated.
(3) Once an onsite treatment operation is completed on hazardous
waste held pursuant to paragraph (1), the generator shall inspect the
staging area for contamination and remediate as necessary.
(f) Notwithstanding any other provision of this chapter,
remediation waste staging and the holding of non-RCRA contaminated
soil for offsite transportation in accordance with paragraph (4) of
subdivision (b) shall not be considered to be disposal or land
disposal of hazardous waste.
(g) A generator who holds hazardous waste for remediation waste
staging pursuant to paragraph (2) of subdivision (a) or who holds
hazardous waste onsite for offsite transportation pursuant to
paragraph (4) of subdivision (b) shall maintain records onsite that
demonstrate compliance with this section related to storing hazardous
waste for remediation waste staging or related to holding hazardous
waste onsite for offsite transportation, as applicable. The records
maintained pursuant to this subdivision shall be available for review
by any public agency authorized pursuant to Section 25180 or 25185.
(h) (1) Notwithstanding paragraph (1) of subdivision (b), a
generator of less than 1,000 kilograms of hazardous waste in any
calendar month who accumulates hazardous waste onsite for 180 days or
less, or 270 days or less if the generator transports the generator'
s own waste, or offers the generator's waste for transportation, over
a distance of 200 miles or more, for offsite treatment, storage, or
disposal, is not a storage facility if all of the following apply:
(A) The quantity of hazardous waste accumulated onsite never
exceeds 6,000 kilograms.
(B) The generator complies with the requirements of subdivisions
(d), (e), and (f) of Section 262.34 of Title 40 of the Code of
Federal Regulations.
(C) The generator does not hold acutely hazardous waste or
extremely hazardous waste in an amount greater than one kilogram for
a time period longer than that specified in paragraph (1) of
subdivision (b).
(2) A generator meeting the requirements of paragraph (1) who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the facility to which the generator's waste
is submitted, within 60 days from the date that the hazardous waste
was accepted by the initial transporter, shall submit to the
department a legible copy of the manifest, with some indication that
the generator has not received confirmation of delivery.
(i) The department may adopt regulations that set forth additional
restrictions and enforceable management standards that protect human
health and the environment and that apply to persons holding
hazardous waste at a transfer facility. A regulation adopted pursuant
to this subdivision shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare, and may be
adopted as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
25123.4. "Transportable hazardous waste treatment unit" or
"transportable treatment unit" means mobile equipment which performs
treatment, is transported onto a facility to perform treatment, and
is not permanently stationed at a single facility.
25123.5. (a) Except as provided in subdivisions (b) and (c),
"treatment" means any method, technique, or process which is not
otherwise excluded from the definition of treatment by this chapter
and which is designed to change the physical, chemical, or biological
character or composition of any hazardous waste or any material
contained therein, or which removes or reduces its harmful properties
or characteristics for any purpose.
(b) (1) "Treatment" does not include any of the activities listed
in paragraph (2), if one of the following requirements is met:
(A) The activity is conducted onsite in accordance with the
requirements of this chapter and the department's regulations adopted
pursuant to this chapter governing the generation and accumulation
of hazardous waste.
(B) The activity is conducted in accordance with the conditions
specified in a permit issued by the department for the storage of
hazardous waste.
(2) The activities subject to the exemption specified in paragraph
(1) include all of the following:
(A) Sieving or filtering liquid hazardous waste to remove solid
fractions, without added heat, chemicals, or pressure, as the waste
is added to or removed from a storage or accumulation tank or
container. For purposes of this subparagraph, sieving or filtering
does not include adsorption, reverse osmosis, or ultrafiltration.
(B) Phase separation of hazardous waste during storage or
accumulation in tanks or containers, if the separation is unaided by
the addition of heat or chemicals. If the phase separation occurs at
a commercial offsite permitted storage facility, all phases of the
hazardous waste shall be managed as hazardous waste after separation.
(C) Combining two or more waste streams that are not incompatible
into a single tank or container if both of the following conditions
apply:
(i) The waste streams are being combined solely for the purpose of
consolidated accumulation or storage or consolidated offsite
shipment, and they are not being combined to meet a fuel
specification or to otherwise be chemically or physically prepared to
be treated, burned for energy value, or incinerated.
(ii) The combined waste stream is managed in compliance with the
most stringent of the regulatory requirements applicable to each
individual waste stream.
(D) Evaporation of water from hazardous wastes in tanks or
containers, such as breathing and evaporation through vents and
floating roofs, without the addition of pressure, chemicals, or heat
other than sunlight or ambient room lighting or heating.
(3) This subdivision does not apply to any activity for which a
hazardous waste facilities permit for treatment is required under the
federal act.
(c) "Treatment" does not include the combination of glutaraldehyde
or orthophthalaldehyde, which is used by medical facilities to
disinfect medical devices, with formulations containing glycine as
the sole active chemical, if the process is carried out onsite.
25123.6. "Volatile organic compound" means a compound which is a
volatile organic compound according to Method No. 8240 in the
Environmental Protection Agency Document No. Solid Waste 846 (1982)
or any equivalent, alternative method acceptable to the department.
25123.7. (a) "Unified Program Facility" means all contiguous land
and structures, other appurtenances, and improvements on the land
which are subject to the requirements of paragraph (1) of subdivision
(c) of Section 25404.
(b) "Certified Unified Program Agency" or "CUPA" means the agency
certified by the secretary to implement the unified program specified
in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(c) "Participating Agency" or "PA" means an agency which has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraph (1) of subdivision (c) of Section 25404, in accordance with
the provisions of Sections 25404.1 and 25404.2.
(d) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraph (1) of
subdivision (c) of Section 25404. For purposes of this chapter, the
UPAs have the responsibility and authority, to the extent provided by
this chapter and Sections 25404.1 and 25404.2, to implement and
enforce only those requirements of this chapter listed in paragraph
(1) of subdivision (c) of Section 25404. The UPAs also have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce the
regulations adopted to implement the requirements of this chapter
listed in paragraph (1) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404 within the jurisdiction of the CUPA. This
section shall not be construed to limit the authority or
responsibility granted to the department by this chapter to implement
and enforce this chapter and the regulations adopted pursuant
thereto.
25123.8. "Universal waste" means a hazardous waste identified as a
universal waste in Section 66273.9 of Title 22 of the California Code
of Regulations, or as that regulation may be further amended
pursuant to this chapter, or a hazardous waste designated as a
universal waste pursuant to this chapter.
25124. (a) Except as provided in subdivision (c), "waste" means any
solid, liquid, semisolid, or contained gaseous discarded material
that is not excluded by this chapter or by regulations adopted
pursuant to this chapter.
(b) For purposes of subdivision (a), a discarded material is any
material that is any of the following:
(1) Relinquished by being any of the following:
(A) Disposed of.
(B) Burned or incinerated.
(C) Accumulated, stored, or treated, but not recycled, before, or
in lieu of, being relinquished by being disposed of, burned, or
incinerated.
(2) Recycled, or accumulated, stored, or treated before recycling,
except as provided in Section 25143.2.
(3) Poses a threat to public health or the environment and meets
either, or both, of the following conditions:
(A) It is mislabeled or not adequately labeled, unless the
material is correctly labeled or adequately labeled within 10 days
after the material is discovered to be mislabeled or inadequately
labeled.
(B) It is packaged in deteriorated or damaged containers, unless
the material is contained in sound or undamaged containers within 96
hours after the containers are discovered to be deteriorated or
damaged.
(4) Considered inherently wastelike, as specified in regulations
adopted by the department.
(c) Notwithstanding subdivision (a), a material is not a discarded
material if it is either of the following:
(1) An intermediate manufacturing process stream.
(2) (A) Except as specified in subparagraph (B) and to the extent
consistent with the federal act, a coolant, lubricant, or cutting
fluid necessary to the operation of manufacturing equipment, that is
processed to extend the life of the material for continued use, and
is processed in the same manufacturing equipment in which the
material is used or in connected equipment that returns the material
to the originating manufacturing equipment for continued use.
(B) Subparagraph (A) does not apply to any of the following
material:
(i) Material that is processed in connected equipment that is not
directly and permanently connected to the originating manufacturing
equipment or that is constructed or operated in a manner that may
allow the release of any material or constituent of the material into
the environment.
(ii) Material that is a hazardous waste prior to being introduced
into the manufacturing equipment or connected equipment.
(iii) Material that is removed from the manufacturing equipment or
connected equipment for storage, treatment, disposal, or burning for
energy recovery outside that equipment.
(iv) Material that remains in the manufacturing equipment or
connected equipment more than 90 days after that equipment ceases to
be operated.
(v) Material that is processed using methods other than physical
procedures.
