25169.5. For purposes of this article, the following definitions
shall apply:
(a) "Background check" means a criminal history background check
obtained from fingerprint images submitted by the person or persons
identified in the disclosure statement, pursuant to Section 25112.5.
The background check shall include any previous name or names of the
person submitting the fingerprint images.
(b) "Hazardous waste of concern" means a hazardous waste listed as
a hazardous waste of concern by the department pursuant to Section
25169.6.
25169.6. (a) On or before July 1, 2003, the department shall adopt
by regulation, and revise as appropriate, a list of hazardous wastes
of concern and, for purposes of subdivision (a) of Section 25169.7,
the minimum quantity of the hazardous waste of concern that is
required to be reported when missing. The list shall include, at a
minimum, any hazardous waste that the department, in consultation
with the other agencies described in subdivision (b), determines
requires special handling restrictions and requirements, beyond those
restrictions and requirements generally applicable to hazardous
wastes, because of the potential for a hazardous waste of concern to
be intentionally and effectively used to harm the public in a
terrorist or other criminal act.
(b) The department shall develop the list of hazardous wastes of
concern and associated reportable quantities, in consultation with
other affected local, state, and federal agencies that have technical
expertise on the storage, transportation, and potential hazards of
those hazardous wastes.
25169.7. Except as specified otherwise in subdivision (b), on and
after July 1, 2003, all of the following requirements, including any
regulations adopted by the department pursuant to Section 25169.8,
shall apply to any person handling any hazardous waste of concern:
(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant to Section 25169.6, the hazardous
waste transporter or the owner or operator shall immediately, as
specified in the regulations adopted by the department, provide a
verbal notification to the department and report the discrepancy to
the department in writing by letter within five days after the
discovery. The transporter or the owner or operator shall also comply
with the applicable manifest discrepancy reporting requirements
specified in the regulations adopted by the department pursuant to
this chapter.
(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the department
shall make a preliminary determination whether there is a potential
risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the California Emergency
Management Agency and the Department of the California Highway
Patrol.
(3) The Department of the California Highway Patrol may enter and
inspect any hazardous waste facility at the department's request to
perform an investigation of any hazardous waste that the department
determines may be missing.
(b) (1) Notwithstanding Section 25200.4, any person applying for a
hazardous waste facilities permit or other grant of authorization to
use and operate a hazardous waste facility that would handle
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified in Section
25112.5.
(2) On or before January 1, 2004, and at any time upon the request
of the department, any person owning or operating a hazardous waste
facility that handles any hazardous waste of concern shall submit to
the department a disclosure statement containing the information
specified in Section 25112.5.
(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern shall
submit to the department a disclosure statement containing the
information specified in Section 25112.5.
(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure statement.
(4) At any time upon the request of the department, any registered
hazardous waste transporter who transports any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.
(5) Whenever any change pertaining to the information required to
be contained in a disclosure statement filed pursuant to paragraphs
(1) to (4), inclusive, occurs after the date of the filing of the
disclosure statement, the transporter or the facility owner or
operator shall provide the updated information in writing to the
department within 30 days of the change.
(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.
(7) This subdivision does not apply to any federal, state, or
local agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.
25169.8. (a) On or before July 1, 2003, the department shall adopt
emergency regulations to implement this article, with the concurrence
of the California Highway Patrol.
(b) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11349.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(c) Except as provided in subdivision (d), in adopting regulations
pursuant to this section, the department shall ensure that the
regulations are consistent with the Hazardous Materials
Transportation Authorization Act of 1994 (Chapter 51 (commencing with
Section 5101) of Title 49 of the United States Code, and thereafter
amended.
(d) If the department determines that a requirement imposed
pursuant to Section 25169.7 could be preempted by the Hazardous
Materials Transportation Authorization Act of 1994 pursuant to
Section 5125 of Title 49 of the Code of Federal Regulations, the
department shall apply to the Secretary of Transportation for a
waiver of preemption pursuant to subsection (e) of Section 5125 of
Title 49 of the United States Code.
25169.5. For purposes of this article, the following definitions
shall apply:
(a) "Background check" means a criminal history background check
obtained from fingerprint images submitted by the person or persons
identified in the disclosure statement, pursuant to Section 25112.5.
The background check shall include any previous name or names of the
person submitting the fingerprint images.
(b) "Hazardous waste of concern" means a hazardous waste listed as
a hazardous waste of concern by the department pursuant to Section
25169.6.
25169.6. (a) On or before July 1, 2003, the department shall adopt
by regulation, and revise as appropriate, a list of hazardous wastes
of concern and, for purposes of subdivision (a) of Section 25169.7,
the minimum quantity of the hazardous waste of concern that is
required to be reported when missing. The list shall include, at a
minimum, any hazardous waste that the department, in consultation
with the other agencies described in subdivision (b), determines
requires special handling restrictions and requirements, beyond those
restrictions and requirements generally applicable to hazardous
wastes, because of the potential for a hazardous waste of concern to
be intentionally and effectively used to harm the public in a
terrorist or other criminal act.
(b) The department shall develop the list of hazardous wastes of
concern and associated reportable quantities, in consultation with
other affected local, state, and federal agencies that have technical
expertise on the storage, transportation, and potential hazards of
those hazardous wastes.
25169.7. Except as specified otherwise in subdivision (b), on and
after July 1, 2003, all of the following requirements, including any
regulations adopted by the department pursuant to Section 25169.8,
shall apply to any person handling any hazardous waste of concern:
(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant to Section 25169.6, the hazardous
waste transporter or the owner or operator shall immediately, as
specified in the regulations adopted by the department, provide a
verbal notification to the department and report the discrepancy to
the department in writing by letter within five days after the
discovery. The transporter or the owner or operator shall also comply
with the applicable manifest discrepancy reporting requirements
specified in the regulations adopted by the department pursuant to
this chapter.
(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the department
shall make a preliminary determination whether there is a potential
risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the California Emergency
Management Agency and the Department of the California Highway
Patrol.
(3) The Department of the California Highway Patrol may enter and
inspect any hazardous waste facility at the department's request to
perform an investigation of any hazardous waste that the department
determines may be missing.
(b) (1) Notwithstanding Section 25200.4, any person applying for a
hazardous waste facilities permit or other grant of authorization to
use and operate a hazardous waste facility that would handle
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified in Section
25112.5.
(2) On or before January 1, 2004, and at any time upon the request
of the department, any person owning or operating a hazardous waste
facility that handles any hazardous waste of concern shall submit to
the department a disclosure statement containing the information
specified in Section 25112.5.
(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern shall
submit to the department a disclosure statement containing the
information specified in Section 25112.5.
(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure statement.
(4) At any time upon the request of the department, any registered
hazardous waste transporter who transports any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.
(5) Whenever any change pertaining to the information required to
be contained in a disclosure statement filed pursuant to paragraphs
(1) to (4), inclusive, occurs after the date of the filing of the
disclosure statement, the transporter or the facility owner or
operator shall provide the updated information in writing to the
department within 30 days of the change.
(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.
(7) This subdivision does not apply to any federal, state, or
local agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.
25169.8. (a) On or before July 1, 2003, the department shall adopt
emergency regulations to implement this article, with the concurrence
of the California Highway Patrol.
(b) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11349.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(c) Except as provided in subdivision (d), in adopting regulations
pursuant to this section, the department shall ensure that the
regulations are consistent with the Hazardous Materials
Transportation Authorization Act of 1994 (Chapter 51 (commencing with
Section 5101) of Title 49 of the United States Code, and thereafter
amended.
(d) If the department determines that a requirement imposed
pursuant to Section 25169.7 could be preempted by the Hazardous
Materials Transportation Authorization Act of 1994 pursuant to
Section 5125 of Title 49 of the Code of Federal Regulations, the
department shall apply to the Secretary of Transportation for a
waiver of preemption pursuant to subsection (e) of Section 5125 of
Title 49 of the United States Code.
25169.5. For purposes of this article, the following definitions
shall apply:
(a) "Background check" means a criminal history background check
obtained from fingerprint images submitted by the person or persons
identified in the disclosure statement, pursuant to Section 25112.5.
The background check shall include any previous name or names of the
person submitting the fingerprint images.
(b) "Hazardous waste of concern" means a hazardous waste listed as
a hazardous waste of concern by the department pursuant to Section
25169.6.
25169.6. (a) On or before July 1, 2003, the department shall adopt
by regulation, and revise as appropriate, a list of hazardous wastes
of concern and, for purposes of subdivision (a) of Section 25169.7,
the minimum quantity of the hazardous waste of concern that is
required to be reported when missing. The list shall include, at a
minimum, any hazardous waste that the department, in consultation
with the other agencies described in subdivision (b), determines
requires special handling restrictions and requirements, beyond those
restrictions and requirements generally applicable to hazardous
wastes, because of the potential for a hazardous waste of concern to
be intentionally and effectively used to harm the public in a
terrorist or other criminal act.
(b) The department shall develop the list of hazardous wastes of
concern and associated reportable quantities, in consultation with
other affected local, state, and federal agencies that have technical
expertise on the storage, transportation, and potential hazards of
those hazardous wastes.
25169.7. Except as specified otherwise in subdivision (b), on and
after July 1, 2003, all of the following requirements, including any
regulations adopted by the department pursuant to Section 25169.8,
shall apply to any person handling any hazardous waste of concern:
(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant to Section 25169.6, the hazardous
waste transporter or the owner or operator shall immediately, as
specified in the regulations adopted by the department, provide a
verbal notification to the department and report the discrepancy to
the department in writing by letter within five days after the
discovery. The transporter or the owner or operator shall also comply
with the applicable manifest discrepancy reporting requirements
specified in the regulations adopted by the department pursuant to
this chapter.
(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the department
shall make a preliminary determination whether there is a potential
risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the California Emergency
Management Agency and the Department of the California Highway
Patrol.
(3) The Department of the California Highway Patrol may enter and
inspect any hazardous waste facility at the department's request to
perform an investigation of any hazardous waste that the department
determines may be missing.
(b) (1) Notwithstanding Section 25200.4, any person applying for a
hazardous waste facilities permit or other grant of authorization to
use and operate a hazardous waste facility that would handle
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified in Section
25112.5.
(2) On or before January 1, 2004, and at any time upon the request
of the department, any person owning or operating a hazardous waste
facility that handles any hazardous waste of concern shall submit to
the department a disclosure statement containing the information
specified in Section 25112.5.
(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern shall
submit to the department a disclosure statement containing the
information specified in Section 25112.5.
(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure statement.
(4) At any time upon the request of the department, any registered
hazardous waste transporter who transports any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.
(5) Whenever any change pertaining to the information required to
be contained in a disclosure statement filed pursuant to paragraphs
(1) to (4), inclusive, occurs after the date of the filing of the
disclosure statement, the transporter or the facility owner or
operator shall provide the updated information in writing to the
department within 30 days of the change.
(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.
(7) This subdivision does not apply to any federal, state, or
local agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.
25169.8. (a) On or before July 1, 2003, the department shall adopt
emergency regulations to implement this article, with the concurrence
of the California Highway Patrol.
(b) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11349.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(c) Except as provided in subdivision (d), in adopting regulations
pursuant to this section, the department shall ensure that the
regulations are consistent with the Hazardous Materials
Transportation Authorization Act of 1994 (Chapter 51 (commencing with
Section 5101) of Title 49 of the United States Code, and thereafter
amended.
(d) If the department determines that a requirement imposed
pursuant to Section 25169.7 could be preempted by the Hazardous
Materials Transportation Authorization Act of 1994 pursuant to
Section 5125 of Title 49 of the Code of Federal Regulations, the
department shall apply to the Secretary of Transportation for a
waiver of preemption pursuant to subsection (e) of Section 5125 of
Title 49 of the United States Code.
