BILL NUMBER: SB 1291 CHAPTERED
BILL TEXT
CHAPTER 640
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE SENATE SEPTEMBER 15, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
AMENDED IN ASSEMBLY SEPTEMBER 14, 1995
AMENDED IN ASSEMBLY SEPTEMBER 12, 1995
AMENDED IN ASSEMBLY SEPTEMBER 8, 1995
AMENDED IN ASSEMBLY AUGUST 30, 1995
AMENDED IN ASSEMBLY JULY 7, 1995
AMENDED IN SENATE APRIL 26, 1995
INTRODUCED BY Senator Wright
FEBRUARY 24, 1995
An act to amend Sections 25123.3, 25143, 25200.1, 25200.3,
25200.5, 25200.10, 25201, 25201.5, 25201.6, 25201.13, 25205.7,
25205.14, 25218.5, 25245.4, 25246, and 25250.1 of, to add Sections
25110.9.1, 25159.1, 25200.16, 25200.17, and 25204.7 to, and to repeal
Section 25245.5 of, the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1291, Wright. Hazardous waste facilities permits.
(1) Existing law requires hazardous waste facilities, including,
but not limited to, storage facilities, to operate under hazardous
waste facilities permits issued by the Department of Toxic Substances
Control. The department is authorized to grant a variance from the
requirements regulating the management of hazardous waste, if the
department makes specified findings.
Existing law, the Wright-Polanco-Lempert Hazardous Waste Treatment
Permit Reform Act of 1992, deems a generator who conducts specified
treatment activities, upon notifying the department, to be
conditionally authorized to operate without obtaining a hazardous
waste facilities permit or other grant of authorization, and also
conditionally exempts from hazardous waste facilities permit
requirements and corrective action requirements a generator who
treats not more than specified amounts of hazardous waste, in any
month, or generators conducting specified treatment processes, if
specified requirements are met with regard to that hazardous waste.
Existing law exempts from hazardous waste facilities requirements an
owner or operator of an elementary neutralization unit, as defined,
and any storage tank not regulated under RCRA which is an integral
part of the demineralizer operation, that neutralizes specified
wastes.
A violation of the provisions regulating hazardous waste is a
crime.
This bill would revise the definitions of the term "storage
facility" and would define the terms "conditional authorization" and
"conditional exemption". The bill would revise the requirements for
the issuance of a variance by the department. The bill would require
the Office of Administrative Law to deem any regulation adopted to
maintain authorization under the federal act to be a nonsubstantive
change, as specified. The bill would allow the department to permit
a shorter time period than 60 days between notification and
commencement of conditionally authorized or exempted treatment. The
bill would delete inactive facilities from the financial assurance
requirements. The bill would allow the department to convert the
hazardous waste facilities permit or grant of interim status of a
hazardous waste management unit to authorization to operate under a
permit-by-rule, or conditional authorization or exemption, pursuant
to a specified procedure.
The bill would authorize the department to add new treatment
activities as eligible for operation under a permit-by-rule or
eligible for authorization under conditional authorization or
exemption pursuant to a specified procedure. The bill would revise
the requirements for "Series C" standardized permits with regard to
surface impoundments.
The bill would additionally exempt, from hazardous waste
facilities requirements, an owner and operator of an elementary
neutralization unit that neutralizes wastewaters which are hazardous
solely due to corrosivity or toxicity that results only from alkaline
or acidic materials used in the owner's or operator's food
processing operations.
(2) Existing law defines the terms "used oil" and "used oil
transfer facility" for purposes of the provisions regulating the
management of used oil.
This bill would revise the definition of "used oil," with regard
to its halogen content and would revise the definition of "used oil
transfer facility" to extend the period of time such a facility
stores used oil to 6 days, or greater than 10 days in areas zoned
industrial. Those changes would become operative only if AB 1245, AB
1964, and SB 289 are enacted and this bill is enacted last.
(3) Under existing law, the Secretary for Environmental Protection
is required to implement a unified hazardous waste and hazardous
materials management regulatory program. A city or local agency
which meets specified requirements is authorized to apply to the
secretary to implement the unified program and every county is
required to apply to the secretary to be certified to implement the
unified program.
This bill would exempt from certain fee and notification
requirements a generator who is eligible for operation pursuant to a
permit-by-rule or a grant of conditional authorization or exemption
and who is located in a jurisdiction that is under a certified
unified program agency which includes a publicly owned treatment
works that regulates the generator.
The bill would require the fees for certain transportable
treatment units to be determined according to the type of permit
authorizing that operation, as specified, and would specify that the
fee is $500 for modifying a permit for the purpose of complying with
specified regulations concerning permits for transportable treatment
units.
(4) Existing law exempts a person transporting household hazardous
waste and a conditionally exempt small quantity generator (CESQG)
transporting hazardous waste to an authorized household hazardous
waste collection facility from the requirements of registration as a
hazardous waste transporter and possession of a manifest, if
specified requirements are met. Hazardous waste transported to a
household hazardous waste collection facility is required to be
transported by the individual or CESQG who generated the waste, a
curbside household hazardous waste collection program, a door-to-door
household hazardous waste collection program, or a household
hazardous waste residential pickup service.
This bill would additionally allow a mobile household hazardous
waste collection facility, a registered hazardous waste transporter
carrying hazardous waste generated by a CESQG, a registered hazardous
waste transporter carrying hazardous waste from a landfill loadcheck
program, a transfer station loadcheck program, under agreement with
the household hazardous waste facility, or a registered hazardous
waste transporter operating under a contract with a public agency
transporting hazardous waste which meets specified requirements,
under agreement with the household hazardous waste facility, to
transport hazardous waste to a household hazardous waste collection
facility. The bill would require hazardous waste transporters and
mobile household hazardous waste collection facilities to comply with
the registration and manifest requirements.
(5) Under existing law, the Department of Toxic Substances Control
is required to adopt standards and regulations which specify the
financial assurances required to be provided by the owner or operator
of a hazardous waste facility for responding to third-party damage
claims and for the costs of closure and subsequent maintenance.
Existing law exempts, until December 31, 1994, a facility or
transportable treatment unit operating pursuant to a permit-by-rule
from those standards and regulations concerning providing financial
assurances for treatment unit third-party liability and closure
costs, and requires those assurances to be provided on and after
January 1, 1995, except as specified. A conditionally authorized
generator is exempt, until December 31, 1994, from those standards.
This bill would extend the date when financial assurances for
transportable treatment units are required for the costs of closing
the treatment unit to October 1, 1996, and would exempt these units
from third-party liability requirements. The bill would extend,
until October 1, 1996, the date when the costs of closing
conditionally authorized units are required to be obtained, and would
exempt these generators from requirements for third-party liability.
(6) The bill would incorporate changes proposed by the following
bills to the following provisions of the Health and Safety Code,
which would take effect only if this bill is chaptered last:
(a) Section 25123.3, as proposed by this bill and AB 1060, AB
1245, and SB 1135, and additional technical or conforming changes not
proposed by any of those bills.
(b) Section 25143, as proposed by both this bill and SB 1135.
(c) Section 25200.3, as proposed by this bill and AB 1966, SB
1135, SB 1191, and SB 1222.
(d) Section 25200.10, as proposed by both this bill and SB 1191.
(e) Section 25201.5, as proposed by this bill and SB 1135 and SB
1191.
(f) Section 25205.7, as proposed by this bill and AB 1245, AB
1964, and SB 1222, and additional conforming changes not proposed by
any of those bills.
(g) Section 25205.14, as proposed by this bill and AB 1964 and SB
1191.
(h) Section 25218.5, as proposed by this bill and SB 364.
(i) Section 21218.5, as proposed by SB 219 and SB 364.
The bill would make a statement of legislative intent, with regard
to order of enactment of those bills.
Since a violation of certain of the bill's requirements would be a
crime, the bill would impose a state-mandated local program by
creating new crimes.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25110.9.1 is added to the Health and Safety
Code, to read:
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.
SEC. 2. Section 25123.3 of the Health and Safety Code is amended
to read:
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) "Transfer facility" means any offsite facility which 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.
(2) (A) Liquid hazardous waste is held at an onsite facility in
tanks for any period of time and the quantity of the liquid hazardous
waste in any individual tank exceeds 5,000 gallons or the aggregate
amount of liquid hazardous waste stored in tanks at the facility
exceeds 50,000 gallons.
(B) The quantities of liquid hazardous waste specified in
subparagraph (A) shall not include any of the following:
(i) Liquid hazardous waste stored in a portable tank used for a
period of not more than 60 calendar days at an onsite facility.
(ii) Liquid hazardous waste accumulated onsite which has been
generated from onsite maintenance operations which occur less
frequently than annually.
(iii) Liquid hazardous waste which is held, as part of the ongoing
treatment of that waste, in a tank which is authorized by the
department to perform that treatment for that waste.
(iv) Liquid hazardous waste held in a tank pursuant to subdivision
(o) of Section 25200.3 or subdivision (i) of Section 25201.5 if the
liquid hazardous waste is held in a tank for not more than 90 days or
an additional 90 days upon approval of the department.
(3) The hazardous waste is held for any period of time at an
offsite facility which is not a transfer facility.
(4) (A) Except as provided in subparagraph (B), the hazardous
waste is held at a transfer facility for periods greater than 144
hours.
(B) The department may extend the period of time specified in
subparagraph (A) for hazardous waste which is generated as a result
of an emergency release and which is collected and temporarily stored
by emergency rescue personnel, as defined in Section 25501, or by a
response action contractor, as defined in Section 25364.6, upon the
request of emergency rescue personnel or the response action
contractor. Notwithstanding any other provision of law, a transfer
facility which holds hazardous waste for periods greater than 144
hours pursuant to this subparagraph shall not be classified as a
storage facility.
(5) The liquid hazardous waste is held at an onsite facility in
any individual container of less than 5,000 gallons for any period of
time, and the aggregate amount of liquid hazardous waste stored in
those containers, exclusive of tanks, at the facility exceeds 50,000
gallons. For purposes of this paragraph, this quantity does not
include liquid hazardous waste being accumulated at an initial
accumulation point pursuant to subdivision (d).
(6) 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.
(7) The hazardous waste is held at a transfer facility for any
period of time in a manner other than in a container or tank.
(8) (A) Except as provided in subparagraph (B), the hazardous
waste is held at a transfer facility for any period of time and
handling occurs.
(B) Notwithstanding subparagraph (A), and to the extent consistent
with the federal act, a transfer facility is not a storage facility
if the hazardous waste is held in containers or tanks at a transfer
facility for a period of 144 hours or less and no handling occurs,
other than the transfer of packed 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) 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 which is
at or near the area where the waste is generated and which 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 for
more than one year from the initial date of accumulation, or 90 days
from the date the quantity limitation specified in paragraph (1) of
this subdivision is reached, whichever occurs first.
(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 the regulations
adopted by the department establishing requirements for personnel
training, preparedness and prevention, and contingency plans and
emergency procedures applicable to storage facilities.
(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.
SEC. 2.5. Section 25123.3 of the Health and Safety Code is amended
to read:
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 which 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 (C), the hazardous
waste is held at a transfer facility for periods greater than six
days, or greater than 10 days for transfer facilities in areas zoned
industrial by the local planning authority.
(B) The department may adopt regulations which set forth
enforceable management standards that protect human health and the
environment and which apply to persons holding hazardous waste at a
transfer facility located in a commercial or residential area
pursuant to subparagraph (A). Any regulations adopted pursuant to
this subparagraph 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
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.
(C) The department may extend the period of time specified in
subparagraph (A) for hazardous waste which is generated as a result
of an emergency release and which is collected and temporarily stored
by emergency rescue personnel, as defined in Section 25501, or by a
response action contractor, as defined in Section 25364.6, upon the
request of emergency rescue personnel or the response action
contractor. Notwithstanding any other provision of law, a transfer
facility which holds hazardous waste for periods greater than six
days, or greater than 10 days for transfer facilities in areas zoned
industrial by the local planning authority, pursuant to this
subparagraph shall not be classified as a storage facility.
(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 for any
period of time in a manner other than in a container or tank.
(6) (A) Except as provided in subparagraph (B), the hazardous
waste is held at a transfer facility for any period of time and
handling occurs.
(B) Notwithstanding subparagraph (A), and to the extent consistent
with the federal act, a transfer facility is not a storage facility
if the hazardous waste is held in containers or tanks at a transfer
facility for a period of six days or less, or 10 days or less for
transfer facilities in areas zoned industrial by the local planning
authority, and no handling occurs, other than the transfer of
packages 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) 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 which is
at or near the area where the waste is generated and which 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 for
more than one year from the initial date of accumulation, or 90 days
from the date the quantity limitation specified in paragraph (1) of
this subdivision is reached, whichever occurs first.
(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 the regulations
adopted by the department establishing requirements for personnel
training, preparedness and prevention, and contingency plans and
emergency procedures applicable to storage facilities.
(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 less than one year 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 one of the following:
(I) Prior to January 1, 1997, the local health officer or other
local public officer designated pursuant to Section 25180.
(II) On and after January 1, 1997, 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.
(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 non-RCRA contaminated soil held 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.
SEC. 3. Section 25143 of the Health and Safety Code is amended to
read:
25143. (a) The department may grant a variance from one or more
of the requirements of this chapter, or the regulations adopted
pursuant to this chapter, for the management of a hazardous waste if
all of the following conditions apply:
(1) One of the following conditions applies:
(A) The hazardous waste is solely a non-RCRA hazardous waste or
the hazardous waste or its management is exempt from, or is not
otherwise regulated pursuant to, the federal act.
(B) The requirement from which a variance is being granted is not
a requirement of the federal act, or the regulations adopted to
implement the federal act.
(2) The department makes one of the following findings:
(A) The hazardous waste, the amount of the hazardous waste, or the
hazardous waste management activity or management unit is
insignificant or unimportant as a potential hazard to human health
and safety, and the environment, when managed in accordance with the
conditions, limitations, and other requirements specified in the
variance.
(B) The requirements, from which the variance is being granted,
are insignificant or unimportant in preventing or minimizing a
potential hazard to human health and safety, and the environment.
(C) The handling, processing, or disposal of the hazardous waste,
or the hazardous waste management activity, is regulated by another
governmental agency in a manner that ensures it will not pose a
substantial present or potential hazard to human health and safety,
and the environment.
(3) The variance is granted in accordance with this section.
(b) The department may grant a variance only upon receipt of a
variance application containing sufficient information to enable the
department to determine if all of the conditions required by
subdivision (a) are satisfied.
(c) Each variance issued pursuant to this section shall be issued
on a form prescribed by the department and shall include, but not be
limited to, all of the following:
(1) The name of the producer of the hazardous waste or the owner
and operator of the hazardous waste management facility or unit to
whom the variance is granted.
(2) A description of the physical characteristics and chemical
composition of the hazardous waste or the specifications of the
hazardous waste management activity or unit to which the variance
applies.
(3) The time period during which the variance is effective.
(4) A specification of the requirements of this chapter or the
regulations adopted pursuant to this chapter from which the variance
is granted.
(5) A specification of the conditions, limitations, or other
requirements to which the variance is subject.
(d) (1) Variances issued pursuant to subdivision (a) are subject
to review at the discretion of the department and may be revoked or
modified at any time.
(2) The department shall revoke or modify a variance if the
department finds any of the following:
(A) The conditions required by subdivision (a) are no longer
satisfied.
(B) The holder of the variance is in violation of one or more of
the conditions, limitations, or other requirements of the variance,
and, as a result of the violation, the conditions required by
subdivision (a) are no longer satisfied.
(C) If the variance was granted because of the finding specified
in subparagraph (C) of paragraph (2) of subdivision (a), the holder
of the variance is in violation of one or more of the regulatory
requirements of another governmental agency to which the holder is
subject and the violation invalidates that finding.
SEC. 3.5. Section 25143 of the Health and Safety Code is amended
to read:
25143. (a) The department may grant a variance from one or more
of the requirements of this chapter, or the regulations adopted
pursuant to this chapter, for the management of a hazardous waste if
all of the following conditions apply:
(1) One of the following conditions applies:
(A) The hazardous waste is solely a non-RCRA hazardous waste or
the hazardous waste or its management is exempt from, or is not
otherwise regulated pursuant to, the federal act.
(B) The requirement from which a variance is being granted is not
a requirement of the federal act, or the regulations adopted to
implement the federal act.
(2) The department makes one of the following findings:
(A) The hazardous waste, the amount of the hazardous waste, or the
hazardous waste management activity or management unit is
insignificant or unimportant as a potential hazard to human health
and safety, and the environment, when managed in accordance with the
conditions, limitations, and other requirements specified in the
variance.
(B) The requirements, from which a variance is being granted, are
insignificant or unimportant in preventing or minimizing a potential
hazard to human health and safety or the environment.
(C) The handling, processing, or disposal of the hazardous waste,
or the hazardous waste management activity, is regulated by another
governmental agency in a manner that ensures it will not pose a
substantial present or potential hazard to human health and safety,
and the environment.
(D) A requirement imposed by another public agency provides
protection of human health and safety or the environment equivalent
to the protection provided by the requirement from which the variance
is being granted.
(3) The variance is granted in accordance with this section.
(b) The department may grant a variance only upon receipt of a
variance application for a site or sites owned or operated by an
individual or business. The individual or business submitting the
application for a variance shall submit to the department sufficient
information to enable the department to determine if all of the
conditions required
by subdivision (a) are satisfied for all situations within the scope
of the requested variance.
(c) Each variance issued pursuant to this section shall be issued
on a form prescribed by the department and shall, as applicable,
include, but not be limited to, all of the following:
(1) Information identifying the individual or business to which
the variance applies. This identification shall be by name, location
of the site or sites, type of hazardous waste generated or managed,
or type of hazardous waste management activity, as applicable.
(2) As applicable, a description of the physical characteristics
and chemical composition of the hazardous waste or the specifications
of the hazardous waste management activity or unit to which the
variance applies.
(3) The time period during which the variance is effective.
(4) A specification of the requirements of this chapter or the
regulations adopted pursuant to this chapter from which the variance
is granted.
(5) A specification of the conditions, limitations, or other
requirements to which the variance is subject.
(d) (1) Variances issued pursuant to subdivision (a) are subject
to review at the discretion of the department and may be revoked or
modified at any time.
(2) The department shall revoke or modify a variance if the
department finds any of the following:
(A) The conditions required by subdivision (a) are no longer
satisfied.
(B) The holder of the variance is in violation of one or more of
the conditions, limitations, or other requirements of the variance,
and, as a result of the violation, the conditions required by
subdivision (a) are no longer satisfied.
(C) If the variance was granted because of the finding specified
in subparagraph (C) or (D) of paragraph (2) of subdivision (a), the
holder of the variance is in violation of one or more of the
regulatory requirements of another governmental agency to which the
holder is subject and the violation invalidates that finding.
(e) The department may waive all, or part, of the fees for an
application for a variance by an individual or business, if a
variance has previously been granted for the same hazardous waste
stream or activity under substantially similar operating conditions
in the same industry.
SEC. 4. Section 25159.1 is added to the Health and Safety Code, to
read:
25159.1. (a) The Office of Administrative Law shall deem any
regulation proposed for adoption by the department to maintain
authorization pursuant to Section 25159 to be a nonsubstantive change
without regulatory effect for the purposes of Section 100 of Title 1
of the California Code of Regulations, provided that the regulation,
as applied in this state, is not more stringent and is not broader
in scope than the corresponding federal regulations.
SEC. 5. Section 25200.1 of the Health and Safety Code is amended
to read:
25200.1. Notwithstanding Section 25200, the department shall not
issue a hazardous waste facility permit to a facility which commences
operation on or after January 1, 1987, unless the department
determines that the facility operator is in compliance with
regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.
SEC. 6. Section 25200.3 of the Health and Safety Code is amended
to read:
25200.3. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization upon notification to
the department, as specified in subdivision (e) if the treatment
complies with the applicable requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding super critical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent
acid or base constituents by weight, the volume treated in a single
batch at any one time shall not exceed 500 gallons.
(10) Processing of more than 500 gallons per month for disposal of
effluent hazardous waste from the processing of silver halide-based
imaging products, if the treatment also complies with paragraph (6)
of subdivision (c) of Section 25201.5, with the exception of the
volume limit in subparagraph (D) of paragraph (6) of subdivision (c)
of Section 25201.5.
(11) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1995, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, those
activities eligible for conditional authorization and those
activities subject to permit-by-rule. In adopting regulations under
this subparagraph, the department shall consider all of the
following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(12) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (12) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety and the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section, or in the processing of silver halide
effluent pursuant to paragraph (10) of subdivision (a).
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which waste was released, the generator shall take every action
necessary to expeditiously remediate that contamination, unless the
generator provides documentation to the department and the local
agency which demonstrates, to a degree of certainty which conforms to
generally accepted professional standards, that the contamination
does not present a substantial hazard to human health and safety or
the environment. If a facility is remediating the contamination
pursuant to, and in compliance with the provisions of, an order
issued by a California regional water quality control board or other
state or federal environmental enforcement agency, that remediation
shall be adequate for the purposes of complying with this section, as
the remediation pertains to the jurisdiction of the ordering agency.
This paragraph does not limit the department's authority pursuant
to Section 25187 as may be necessary to protect human health and
safety or the environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section, is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to
leak shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department that the requirements and conditions of this
section are met, including compliance with all applicable
pretreatment standards and with all applicable industrial waste
discharge requirements issued by the agency operating the publicly
owned treatment works into which the wastes are discharged. The
records shall be maintained onsite for a period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(10) Notwithstanding any other provision of law, the generator
shall submit the fee required by Section 25205.14 for the 1993
reporting period to the department as part of, and at the same time
as, the notification required pursuant to subdivision (e) that is due
on April 1, 1993. Any notification not accompanied by payment of
the fee is invalid and shall not result in a grant of conditional
authorization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Any generator commencing the first treatment of hazardous
waste under this section shall notify by certified mail, with return
receipt requested, the department and the local health officer or
other local public officer designated by the director pursuant to
Section 25180 not less than 60 days prior to commencing the first
treatment of that waste.
(2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, rather than the 60 days
required by paragraph (1), between notification and commencement of
hazardous waste treatment pursuant to this section.
(3) Each notification made pursuant to this subdivision shall be
completed, dated, and signed according to the requirements of Section
66270.11 of Title 22 of the California Code of Regulations, as those
requirements that were in effect on January 1, 1996, and apply to
hazardous waste facilities permit applications, shall be on a form
prescribed by the department, and shall include, but not be limited
to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(F) A description of the hazardous waste storage tanks as
described in subdivision (n).
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall provide
written notification to the department and to the local health
officer or other local public officer designated by the director
pursuant to Section 25180 upon completion of all activities required
under this subdivision.
(h) In adopting
regulations pursuant to this section, the department may impose any
further restrictions or limitations consistent with the conditionally
authorized status conferred by this section which are necessary to
protect human health and safety and the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall
conduct the revocation of a conditional authorization granted
pursuant to this section in accordance with Chapter 21 (commencing
with Section 66271.1) of Division 4.5 of Title 22 of the California
Code of Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) A generator shall submit an amended notification to the
department and the local health officer or other local public officer
designated by the director pursuant to Section 25180, in person, or
by certified mail, with return receipt requested, within 30 days of
any change in operation which necessitates modifying any of the
information submitted in the notification required pursuant to
subdivision (e). Each amended notification shall be completed,
dated, and signed in accordance with the requirements of Section
66270.11 of Title 22 of the California Code of Regulations, as those
requirements apply to hazardous waste facilities permit applications.
(l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (b) of Section 25205.14
until that person submits to the department in person, or by
certified mail, with return receipt requested, a certification that
the generator has ceased all treatment activities of hazardous waste
streams authorized pursuant to this section in accordance with the
requirements of subdivision (g).
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
(n) Notwithstanding paragraph (2) of subdivision (b) of Section
25123.3, a tank used for the purpose of storing hazardous waste which
is treated onsite in accordance with this section is not a storage
facility for purposes of Section 25123.3, but the hazardous waste
shall be subject to all of the applicable requirements of this
section.
SEC. 6.5. Section 25200.3 of the Health and Safety Code is amended
to read:
25200.3. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), if the treatment complies with the applicable
requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding super critical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent
acid or base constituents by weight, the volume treated in a single
batch at any one time shall not exceed 500 gallons.
(10) Processing of more than 500 gallons per month for disposal of
effluent hazardous waste from the processing of silver halide-based
imaging products, if the treatment also complies with paragraph (6)
of subdivision (c) of Section 25201.5, with the exception of the
volume limit in subparagraph (D) of paragraph (6) of subdivision (c)
of Section 25201.5.
(11) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1998, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, not
later than January 1, 1997, those activities eligible for conditional
authorization and those activities subject to permit-by-rule. In
adopting regulations under this subparagraph, the department shall
consider all of the following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(12) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (12) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety or the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section, or in the processing of silver halide
effluent pursuant to paragraph (10) of subdivision (a).
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which waste was released, the generator shall take every action
necessary to expeditiously remediate that contamination, if the
contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating
the contamination pursuant to, and in compliance with the provisions
of, an order issued by a California regional water quality control
board or other state or federal environmental enforcement agency,
that remediation shall be adequate for the purposes of complying with
this section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety or the
environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section, is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The best feasible leak detection measures which are
sufficient to ensure that underground gravity-pressured sewer
systems, for which it is not feasible to conduct integrity testing,
do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to
leak shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department and the unified program agency that the
requirements and conditions of this section are met, including
compliance with all applicable pretreatment standards and with all
applicable industrial waste discharge requirements issued by the
agency operating the publicly owned treatment works into which the
wastes are discharged. The records shall be maintained onsite for a
period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(10) Notwithstanding any other provision of law, the generator
shall submit the fee required by Section 25205.14 for the 1993
reporting period to the department as part of, and at the same time
as, the notification required pursuant to subdivision (e) that is due
on April 1, 1993. Any notification not accompanied by payment of
the fee is invalid and shall not result in a grant of conditional
authorization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste in order to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to 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, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, 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) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
(3) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements that were in effect on January 1, 1996, and
apply to hazardous waste facilities permit applications, shall be on
a form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2)
Any generator conducting treatment pursuant to this section who
permanently ceases operation of a treatment process or unit that is
conditionally authorized pursuant to this section shall, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to 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, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, 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.
(h) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall
conduct the revocation of a conditional authorization granted
pursuant to this section in accordance with Chapter 21 (commencing
with Section 66271.1) of Division 4.5 of Title 22 of the California
Code of Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to 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, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, 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) Each amended notification shall be completed, dated, and
signed in accordance with the requirements of Section 66270.11 of
Title 22 of the California Code of Regulations, as those requirements
apply to hazardous waste facilities permit applications.
(l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (a) of Section 25205.14
until that person submits a certification that the generator has
ceased all treatment activities of hazardous waste streams authorized
pursuant to this section in accordance with the requirements of
subdivision (g). The certification required by this subdivision
shall be submitted, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to one of the following:
(A) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(B) On and after January 1, 1997, 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.
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
SEC. 7. Section 25200.5 of the Health and Safety Code is amended
to read:
25200.5. (a) Except as provided in Sections 25200.7 and 25200.9,
any person who desires to continue the use or operation of a
hazardous waste facility which was in existence on November 19, 1980,
or which was in existence on the effective date of any statute or
regulation which subjected that facility to hazardous waste
facilities permit requirements under this chapter, pending the review
and decision of the department on the permit application, may be
granted interim status by the department if the person has made
application for a permit pursuant to Section 25200, or has made
application pursuant to Section 25201.6, and, if treating a waste
regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
(b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
(1) Treat, store, transfer, or dispose of hazardous wastes which
are not specified in Part A of the permit application.
(2) Employ processes not described in Part A of the permit
application.
(3) Exceed the design capacities specified in Part A of the permit
application.
(c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to any conditions
which the department deems necessary to protect public health or the
environment. Interim status shall not be valid beyond the date of
the decision of the department on the permit application.
(d) The department shall not grant interim status to any person
to operate a hazardous waste facility if the facility has been
subject to any of the following actions:
(1) Denial of a hazardous waste facilities permit.
(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
(3) Termination of a grant of interim status.
(e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
(f) Any land disposal facility, as defined in subdivision (h) of
Section 25179.3, which lost interim status pursuant to paragraph (2)
or (3) of subsection (e) of Section 6925 of Title 42 of the United
States Code is deemed to have lost interim status granted under this
section to operate a facility managing hazardous waste regulated
pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.).
(g) The termination date for interim status for any land disposal
facility, as defined in subdivision (h) of Section 25179.3, which is
in existence on the effective date of any statute or the regulation
adopted pursuant to that statute which subjects the facility to
hazardous waste facilities permit requirements under this chapter,
and which is granted interim status under this section, is the date
12 months after the date on which the facility first becomes subject
to the hazardous waste facilities permit requirements, unless one of
the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility does both of the
following:
(A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
(B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(h) The termination date for interim status for any incinerator
facility which submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
(i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), which
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1988.
(j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200, which was filed before
November 8, 1984, for an offsite hazardous waste facility subject to
subdivision (i), and not subject to Section 25200.7 or 25200.11. In
taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.
(k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.
SEC. 8. Section 25200.10 of the Health and Safety Code is amended
to read:
25200.10. (a) Except as provided in subdivisions (d) and (e), the
department shall require, and any permit issued by the department
shall require, corrective action for all releases of hazardous waste
or constituents from a solid waste management unit or a hazardous
waste management unit at a facility engaged in hazardous waste
management, regardless of the time at which waste was released at the
facility. Any corrective action required pursuant to this section
shall require that corrective action be taken beyond the facility
boundary where necessary to protect human health or the environment,
unless the owner or operator demonstrates to the satisfaction of the
department that despite the owner's or operator's best efforts, the
owner or operator is unable to obtain the necessary permission to
undertake this action. When corrective action cannot be completed
prior to issuance of the permit, the permit shall contain schedules
of compliance for corrective action and assurances of financial
responsibility for completing the corrective action.
(b) This section does not limit the department's authority to
require corrective action pursuant to Section 25187.
(c) For purposes of this section, "facility" means the entire site
that is under the control of the owner or operator seeking a
hazardous waste facilities permit.
(d) This section does not apply to a permit issued to a public
agency or person for the operation of a temporary household hazardous
waste collection facility pursuant to Article 10.8 (commencing with
Section 25218).
(e) Unless expressly required otherwise by another provision of
this chapter, the corrective action required by subdivision (a) does
not apply to a person who treats hazardous waste pursuant to a
conditional exemption pursuant to this chapter, if the person is not
otherwise required to obtain a hazardous waste facilities permit or
other grant of authorization for any other hazardous waste management
activity at the facility. This subdivision does not limit the
department's authority or the authority of a local health officer
authorized pursuant to Section 25187.7 to order corrective action
pursuant to Section 25187.
(f) Pursuant to Article 8 (commencing with Section 25180), the
department shall require any offsite facility which was granted
interim status pursuant to Section 25200.5 prior to January 1, 1992,
and which is not subject to Section 25201.6 to perform a phase I
environmental assessment pursuant to Section 25200.14.
SEC. 9. Section 25200.16 is added to the Health and Safety Code,
to read:
25200.16. (a) The department may administratively convert the
hazardous waste facilities permit or grant of interim status of a
hazardous waste management unit authorized pursuant to such a permit
or grant of interim status to authorization to operate under a
permit-by-rule, pursuant to the department's regulations, a grant of
conditional authorization or conditional exemption pursuant to this
chapter, if the hazardous waste management facility meets both of the
following criteria:
(1) The unit is not required to obtain a permit under the federal
act.
(2) The unit met all applicable conditions and criteria for
authorization under a permit-by-rule pursuant to the department's
regulations, or a grant of conditional authorization or conditional
exemption pursuant to this chapter, on the effective date of the
statute or regulation which made the unit eligible for authorization
under a permit-by-rule, conditional authorization, or conditional
exemption.
(b) This section does not apply to units which become eligible for
authorization under a permit-by-rule, conditional authorization, or
conditional exemption due to a change in the waste streams or
treatment activities described for the unit in the hazardous waste
facilities permit or grant of interim status document for the unit.
(c) The owner or operator of a hazardous waste management unit
that desires to convert the grant of authorization for the hazardous
waste management unit from a hazardous waste facilities permit or
grant of interim status pursuant to subdivision (a) shall transmit
all of the following documents to the department:
(1) A demonstration that the unit is not required to obtain a
permit under the federal act.
(2) A demonstration that the unit is eligible for authorization
under a permit-by-rule pursuant to the department's regulations, or a
grant of conditional authorization or conditional exemption pursuant
to this chapter.
(3) If applicable, a complete and valid notification for the unit
for which an authorization status conversion is requested, which
complies with the applicable notification requirements for operating
under a permit-by-rule, or a grant of conditional authorization or
conditional exemption.
(4) One of the following documents:
(A) A written request, signed in accordance with the regulations
adopted by the department pertaining to signatories to permit
application and reports, to administratively remove the unit from the
existing hazardous waste facilities permit or grant of interim
status.
(B) A written request, signed in accordance with the regulations
adopted by the department pertaining to signatories to permit
applications and reports, to administratively terminate the existing
hazardous waste facilities permit or grant of interim status if the
unit subject to the permit or grant of interim status is the only
unit at the facility authorized by that permit or grant of interim
status.
(d) Upon receipt of a notification, if applicable, and a request
pursuant to paragraphs (3) and (4) of subdivision (c), the department
shall do all of the following:
(1) Either approve the request in writing if the department
concurs with the demonstrations submitted pursuant to paragraphs (1)
and (2) of subdivision (c) and the notification submitted pursuant to
paragraph (3) of subdivision (c) is complete and valid; or deny the
request in writing if the department does not concur with the
demonstrations submitted pursuant to paragraphs (1) and (2) of
subdivision (c) or the notification submitted pursuant to paragraph
(3) of subdivision (c) is incomplete or invalid.
(2) If not all activities conducted at a facility pursuant to a
hazardous waste facilities permit or grant of interim status are
eligible for conversion, administratively terminate the authorization
under the hazardous waste facilities permit or grant of interim
status for the unit or units at the facility conducting treatment
activities eligible to be authorized under a permit-by-rule pursuant
to the department's regulations, or a grant of conditional
authorization or conditional exemption pursuant to this chapter, by
doing all of the following:
(A) Placing a letter in the facility permit file maintained by the
department acknowledging the change in authorization.
(B) Notifying the facility, in writing, that the authorization
under the permit or grant of interim status for the treatment units
in question will be terminated when the authorization under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter, becomes effective.
(C) Notifying all persons on the facility mailing list of the
change in the authorization status of the units being converted.
(3) If the hazardous waste facilities permit or grant of interim
status of a facility is being completely converted to authorization
under a permit-by-rule pursuant to the department's regulations, or a
grant of conditional authorization or conditional exemption pursuant
to this chapter, administratively terminate the permit or grant of
interim status by doing all of the following:
(A) Placing a letter in the facility permit file maintained by the
department administratively terminating the permit upon the
effective date of authorization for all affected units under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter.
(B) Notifying the facility, in writing, that the permit or grant
of interim status will be terminated when the authorization under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter, becomes effective.
(C) Notifying all persons on the facility mailing list of the
termination of the hazardous waste facilities permit or grant of
interim status.
SEC. 9.5. Section 25200.10 of the Health and Safety Code is
amended to read:
25200.10. (a) Except as provided in subdivisions (d) and (e), the
department, or a unified program agency approved to implement this
section pursuant to Section 25404.1, shall require, and any permit
issued by the department shall require, corrective action for all
releases of hazardous waste or constituents from a solid waste
management unit or a hazardous waste management unit at a facility
engaged in hazardous waste management, regardless of the time at
which waste was released at the facility. Any corrective action
required pursuant to this section shall require that corrective
action be taken beyond the facility boundary where necessary to
protect human health or the environment, unless the owner or operator
demonstrates to the satisfaction of the department or the unified
program agency, whichever agency required the corrective action, that
despite the owner's or operator's best efforts, the owner or
operator is unable to obtain the necessary permission to undertake
this action. When corrective action cannot be completed prior to
issuance of the permit, the permit shall contain schedules of
compliance for corrective action and assurances of financial
responsibility for completing the corrective action.
(b) This section does not limit the department's authority, or a
unified program agency's authority pursuant to Chapter 6.11
(commencing with Section 25404), to require corrective action
pursuant to Section 25187.
(c) For purposes of this section, "facility" means the entire site
that is under the control of the owner or operator seeking a
hazardous waste facilities permit.
(d) This section does not apply to a permit issued to a public
agency or person for the operation of a temporary household hazardous
waste collection facility pursuant to Article 10.8 (commencing with
Section 25218).
(e) Unless expressly required otherwise by another provision of
this chapter, the corrective action required by subdivision (a) does
not apply to a person who treats hazardous waste pursuant to a
conditional exemption pursuant to this chapter, if the person is not
otherwise required to obtain a hazardous waste facilities permit or
other grant of authorization for any other hazardous waste management
activity at the facility. This subdivision does not limit the
department's authority, the authority of a local health officer or
other local public officer authorized pursuant to Section 25187.7, or
the authority of a unified program agency approved pursuant to
Section 25404.1, to order corrective action pursuant to Section
25187.
(f) Pursuant to Article 8 (commencing with Section 25180), the
department shall require any offsite facility which was granted
interim status pursuant to Section 25200.5 prior to January 1, 1992,
and which is not subject to Section 25201.6 to perform a phase I
environmental assessment pursuant to Section 25200.14.
SEC. 10. Section 25200.17 is added to the Health and Safety Code,
to read:
25200.17. (a) (1) Upon petition, the department may, by
regulation, add new treatment activities to the list of activities
eligible for operation pursuant to a permit-by-rule, under the
regulations adopted by the department, or eligible for authorization
under a grant of conditional authorization pursuant to Section
25200.3 or a grant of conditional exemption pursuant to Section
25201.5, if all of the following conditions are met:
(A) The department finds that the new waste stream and treatment
process combination poses no greater risk to the public health and
safety or environment than those waste stream and treatment process
combinations currently eligible for operation pursuant to a
permit-by-rule, under the regulations adopted by the department, or
for authorization under a grant of conditional authorization pursuant
to Section 25200.3 or conditional exemption pursuant to Section
25201.5, whichever is applicable.
(B) The activity does not require a hazardous waste facilities
permit under the federal act.
(C) The new activity is not already identified as eligible under a
permit-by-rule pursuant to the regulations adopted by the
department, or a grant of conditional authorization or conditional
exemption pursuant to this chapter.
(2) In making a determination whether to add a new activity, by
regulation, to the list of activities eligible for operation under a
permit-by-rule pursuant to the department's regulations, conditional
authorization pursuant to Section 25200.3, or conditional exemption
pursuant to Section 25201.5, the factors which the department shall
consider, to the extent that information is available, shall include,
but not be limited to, all of the following:
(A) The hazardous waste streams that are treated using the
treatment methods and the hazards to public health or safety or to
the environment posed by those hazardous wastes and their hazardous
constituents.
(B) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
(C) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which those hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
(D) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
(E) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
(F) The degree to which those hazardous waste streams or treatment
methods are regulated under other provisions of law or regulations,
including but not limited to, process safety management requirements
and risk management and prevention plans.
(G) If the treatment method uses a hazardous waste treatment
technology that is certified by the department pursuant to Section
25200.1.5, the information and analyses that were used to determine
that the treatment technology does not pose a significant potential
hazard to public health or safety or to the environment.
(b) On or before January 1, 1997, the department shall study the
safety of elementary neutralization of hazardous waste and shall
submit a report of the results of the study to the Legislature. The
report shall specifically set forth the department's findings on
risks posed by elementary neutralization activities and shall
recommend concentration based limits for exempting elementary
neutralization from the permitting requirements in Section 25201 and
for authorizing elementary neutralization under a grant of
conditional authorization pursuant to Section 25200.3 or a grant of
conditional exemption pursuant to Section 25201.5, or authorizing
operation under a permit-by-rule pursuant to the regulations adopted
by the department. The factors which the department shall consider
in conducting the study shall include, but are not limited to, all of
the following:
(1) Concentrations of acids and alkalis that, when neutralized,
can produce sufficient heat to boil the solution or release
significant amounts of toxic or corrosive vapors.
(2) The tendency of the acids and alkalis being neutralized to
degrade storage and treatment systems leading to releases of
contained materials.
(3) The tendency of the acids and alkalis being neutralized to
react dangerously with incompatible materials that can reasonably be
expected to come into contact with the solutions to be neutralized.
(4) Any special hazards posed by particular acids and alkalis.
(5) To the extent that information is available, the factors
specified in subparagraphs (A) to (G), inclusive, of paragraph (2) of
subdivision (a).
SEC. 11. Section 25201 of the Health and Safety Code is amended to
read:
25201. (a) Except as provided in subdivisions (c) and (d), no
owner or operator of a storage facility, treatment facility, transfer
facility, resource recovery facility, or disposal site shall accept,
treat, store, or dispose of a hazardous waste at the facility, area,
or site, unless the owner or operator holds a hazardous waste
facilities permit or other grant of authorization from the department
to use and operate the facility, area, or site, or the owner or
operator is operating under a permit-by-rule pursuant to the
department's regulations, or a grant of conditional authorization or
conditional exemption pursuant to this chapter.
(b) Except as necessary to comply with Section 25159.18, any
person planning to construct a new hazardous waste facility or a new
hazardous waste management unit, which would manage RCRA hazardous
waste, shall obtain a hazardous waste facilities permit or a permit
amendment from the department prior to commencing construction.
(c) A hazardous waste facilities permit is not required for a
recycle-only household hazardous waste collection facility operated
in accordance with subdivision (b) of Section 25218.8.
(d) A hazardous waste facilities permit is not required for a
facility that meets the requirements of Section 13263.2 of the Water
Code.
SEC. 12. Section 25201.5 of the Health and Safety Code is amended
to read:
25201.5. (a) Notwithstanding any other provision of law, a
hazardous waste facilities permit is not required for a generator who
treats hazardous waste of a total weight of not more than 500
pounds, or a total volume of not more than 55 gallons, in any
calendar month, if both of the following conditions are met:
(1) The hazardous waste is not an extremely hazardous waste and is
listed in Section 67450.11 of Title 22 of the California Code of
Regulations, as in effect on January 1, 1992, as eligible for
treatment pursuant to the regulations adopted by the department for
operation under a permit-by-rule and the treatment technology used is
approved for that waste stream in Section 67450.11 of Title 22 of
the California Code of Regulations for treatment under a
permit-by-rule.
(2) The generator is not otherwise required to obtain a hazardous
waste facilities permit or other grant of authorization for any other
hazardous waste management activity at the facility.
(b) Notwithstanding any other provision of law, treatment in the
following units is ineligible for exemption pursuant to subdivision
(a) or (c):
(1) Landfills.
(2) Surface impoundments.
(3) Injection wells.
(4) Waste piles.
(5) Land treatment units.
(6) Thermal destruction units.
(c) Notwithstanding any other provision of law, a hazardous waste
facilities permit or other grant of authorization is not required to
conduct the following treatment activities, if the generator treats
the following hazardous waste streams using the treatment technology
required by this subdivision:
(1) The generator mixes or cures resins in accordance with the
manufacturer's instructions, including the mixing or curing of
multicomponent and preimpregnated resins in accordance with the
manufacturer's instructions.
(2) The generator treats a container of 110 gallons or less
capacity, which is not constructed of wood, paper, cardboard, fabric,
or any other similar absorptive material, for the purposes of
emptying the container as specified by Section 66261.7 of Title 22 of
the California Code of Regulations, as revised July 1, 1990, or
treats the inner liners removed from empty containers that once held
hazardous waste or hazardous material. The generator shall treat the
container or inner liner by using the following technologies, if the
treated containers and rinseate are managed in compliance with the
applicable requirements of this chapter:
(A) The generator rinses the container or inner liner with a
suitable liquid capable of dissolving or removing the hazardous
constituents which the container held.
(B) The generator uses physical processes, such as crushing,
shredding, grinding, or puncturing, that change only the physical
properties of the container or inner liner, if the container or inner
liner is first rinsed as provided in subparagraph (A) and the
rinseate is removed from the container or inner liner.
(3) The generator conducts drying by pressing or by passive or
heat-aided evaporation to remove water from wastes classified as
special wastes by the department pursuant to Section 66261.124 of
Title 22 of the California Code of Regulations.
(4) The generator conducts magnetic separation or screening to
remove components from wastes classified as special wastes by the
department pursuant to Section 66261.124 of Title 22 of the
California Code of Regulations.
(5) The generator neutralizes acidic or alkaline wastes which are
hazardous solely due to corrosivity or toxicity resulting from the
presence of acidic or alkaline material from food or food
by-products, and alkaline or acidic waste, other than wastes
containing nitric acid, at SIC Code Major Group 20, food and kindred
product facilities, as defined in subdivision (p) of Section 25501,
if both of the following conditions are met:
(A) The neutralization process does not result in the emission of
volatile hazardous waste constituents or toxic air contaminants.
(B) The neutralization process is required in order to meet
discharge or other regulatory requirements.
(6) The generator processes effluent hazardous waste for disposal
from the processing of silver halide-based imaging products, if all
of the following conditions are met:
(A) The effluent is a hazardous waste solely due to its silver
content.
(B) The effluent is treated within 90 days of its generation.
(C) The effluent is treated in a tank or container.
(D) The total influent hazardous waste stream treated does not
exceed 500 gallons in any calendar month.
(E) The effluent is treated with a technology or combination of
technologies which recover the silver to a level less than 5 mg/l
total silver in the final wastewater discharge, or a lower level as
may be set by the local publicly owned treatment works.
(7) Except as provided for specific waste streams in Section
25200.3, the generator conducts the separation by gravity of the
following, if the activity is conducted in impervious tanks or
containers constructed of noncorrosive materials, the activity does
not involve the addition of heat or other form of treatment, or the
addition of chemicals other than flocculants and demulsifiers, and
the activity is managed in compliance with applicable requirements of
federal, state, or local agency or treatment works:
(A) The settling of solids from waste where the resulting aqueous
stream is not hazardous.
(B) The separation of oil/water mixtures and separation sludges,
if the average oil recovered per month is less than 25 barrels.
(8) The generator is a laboratory which is certified by the State
Department of Health Services or operated by an educational
institution, and treats wastewater generated onsite solely as a
result of analytical testing, or is a laboratory which treats less
than one gallon of hazardous waste, which is generated onsite, in any
single batch, subject to the following:
(A) The wastewater treated is hazardous solely due to corrosivity
or toxicity that results only from the acidic or alkaline material,
as defined in Section 66260.10 of Title 22 of the California Code of
Regulations, or is excluded from the definition of hazardous waste by
subparagraph (E) of paragraph (2) of subsection (a) of Section
66261.3 of Title 22 of the California Code of Regulations, or both.
(B) The treatment meets all of the following requirements, in
addition to all other requirements of this section:
(i) The treatment complies with all applicable pretreatment
requirements.
(ii) Neutralization occurs in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations; wastes to be neutralized do not contain any more than 10
percent acid or base concentration by weight, or any other
concentration limit which may be imposed by the department; and
vessels and piping for neutralization are constructed of materials
that are compatible with the range of temperatures and pH levels, and
subject to appropriate pH temperature controls.
(iii) Treatment does not result in the emission of volatile
hazardous waste constituents or toxic air contaminants.
(9) The hazardous waste treatment is carried out in a quality
control or quality assurance laboratory at a facility that is not an
offsite hazardous waste facility and the treatment activity otherwise
meets the requirements of paragraph (1) of subdivision (a).
(10) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(11) The generator uses any technology that is certified by the
department, pursuant to Section 25200.1.5, as effective for the
treatment of formaldehyde or glutaraldehyde solutions used in health
care facilities that are operated pursuant to the conditions imposed
on the certification and which makes the operation appropriate to
this tier. The technology may be certified using a pilot
certification process until the department adopts regulations
pursuant to Section 25200.1.5. This paragraph shall be operative
only until April 11, 1996.
(d) A generator conducting treatment pursuant to subdivision (a)
or (c) shall meet all of the following conditions:
(1) The waste being treated is generated onsite, and a residual
material from the treatment of a hazardous waste generated offsite is
not a waste that has been generated onsite.
(2) The treatment does not require a hazardous waste facilities
permit pursuant to the federal act.
(3) The generator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
(4) The generator prepares and maintains a written inspection
schedule and log of inspections conducted.
(5) The records specified in paragraphs (3) and (4) are maintained
onsite for a period of three years.
(6) The generator maintains adequate records to demonstrate that
it is in compliance with all applicable pretreatment standards and
with all applicable industrial waste discharge requirements issued by
the agency operating the publicly owned treatment works into which
the wastes are discharged.
(7) (A) If the generator is commencing the first treatment of
waste pursuant to this section, the generator submits a notification
to the department and to the local health officer or other local
public officer authorized to implement this chapter pursuant to
Section 25180 not more than 60 days before commencing treatment of
that waste pursuant to this section.
(B) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by subparagraph (A), between notification and commencement of
hazardous waste treatment pursuant to this section.
(C) The notification submitted pursuant to this paragraph shall be
completed, dated, and signed in accordance with the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements apply to permit applications, shall be on a
form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(i) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional exemption applies.
(ii) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional exemption
applies.
(iii) A description of the hazardous waste treatment activity to
which the conditional exemption applies, including, but not limited
to, the basis for determining that a hazardous waste permit is not
required under the federal act.
(iv) A description of the characteristics and management of any
treatment residuals.
(v) A description of the hazardous waste storage tanks as
described in subdivision (i).
(D) The development and publication of the notification form
required under this paragraph is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
(E) Any notification submitted pursuant to this paragraph shall
supersede any prior notice of intent submitted by the same generator
in order to obtain a permit-by-rule under the regulations adopted by
the department. This subparagraph does not require the department to
refund any fees paid for any application in conjunction with the
submission of a notice of intent for a permit-by-rule.
(8) (A) Upon terminating operation of any treatment process or
unit exempted pursuant to this section, the generator who conducted
the treatment shall remove or decontaminate all waste residues,
containment system components, soils, and other structures or
equipment contaminated with hazardous waste from the unit. The
removal of the unit from service shall be conducted in a manner that
does both of the following:
(i) Minimizes the need for further maintenance.
(ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after treatment process is no longer in
operation.
(B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is conditionally exempted pursuant to
this section shall provide written notification to the department and
to the local health officer or other local public officer designated
by the director pursuant to Section 25180 upon completion of all
activities required under this subdivision.
(9) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under this chapter and
the regulations adopted by the department pursuant to this chapter.
(10) Except as provided in Section 25404.5, the generator submits
a fee in the amount required by Section 25205.14, unless the
generator is subject to a fee under a permit-by-rule or a grant of
conditional authorization pursuant to Section 25200.3. The generator
shall submit that fee within 30 days of the date that the fee is
assessed by the State Board of Equalization, in the manner specified
by Section 43152.10 of the Revenue and Taxation Code.
(11) Notwithstanding any other provision of law, the generator
shall submit the fee required by Section 25205.14 for the 1993
reporting period to the department as part of, and at the same time
as, the notification required pursuant to paragraph (7) that is due
on April 1, 1993. Any notification not accompanied by payment of the
fee is invalid and shall not result in a grant of conditional
exemption.
(e) (1) Unless otherwise required by federal law, ancillary
equipment for a tank or container treating hazardous wastes solely
pursuant to this section, is not subject to Section 66265.193 of
Title 22 of the California Code of Regulations, if the ancillary
equipment's integrity is attested to pursuant to Section 66265.191 of
Title 22 of the California Code of Regulations every two years from
the date that retrofitting requirements would otherwise apply.
(2) (A) The Legislature hereby finds and declares that, in the
case of underground, gravity-pressured sewer systems, integrity
testing is often not feasible.
(B) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
(C) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures that are determined to be sufficient
by the department in those regulations, and those leak detection
measures do not reveal any leaks emanating from the operator's
ancillary equipment. Any ancillary equipment found to leak shall be
retrofitted by the operator to meet the full secondary containment
standards of Section 66265.196 of Title 22 of the California Code of
Regulations.
(f) Nothing in this section shall abridge any authority granted to
the department by any other provision of law to impose any further
restrictions or limitations upon facilities subject to this section,
that the department determines to be necessary to protect human
health or the environment.
(g) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to this section to treat the generator's waste.
If treatment of the generator's waste takes place under such a
contract, the generator is not otherwise subject to the requirements
of this section, but shall comply with all other requirements of this
chapter that apply to generators. The operator of the transportable
treatment unit shall comply with all of the applicable requirements
of this section and, for purposes of this section, the operator of
the transportable treatment unit shall be deemed to be the generator.
(h) A generator conducting activities which are exempt from this
chapter pursuant to Section 66261.7 of Title 22 of the California
Code of Regulations, as that section read on January 1, 1993, is not
required to comply with this section.
(i) Notwithstanding paragraph (2) of subdivision (b) of Section
25123.3, a tank used for the purpose of storing hazardous waste which
is treated onsite in accordance with this section is not a storage
facility for purposes of Section 25123.3, but the hazardous waste
shall be subject to all of the applicable requirements of this
section.
SEC. 13. Section 25201.6 of the Health and Safety Code is amended
to read:
25201.6. (a) For purposes of this section and Section 25205.2,
the following terms have the following meaning:
(1) "Series A standardized permit" means a permit issued to a
facility that meets one of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is
greater than 50,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated is greater
than 100,000 pounds per calendar month.
(C) Where both liquid and solid hazardous wastes are being
treated, either the total volume of liquid hazardous waste treated
exceeds the volume specified in subparagraph (A), or the total volume
of solid hazardous waste treated exceeds the volume specified in
subparagraph (B).
(D) The total facility storage design capacity is greater than
500,000 gallons for liquid hazardous waste.
(E) The total facility storage design capacity is greater than 500
tons for solid hazardous waste.
(F) Where both liquid and solid hazardous waste are being stored,
the total volume of liquid hazardous waste stored exceeds the volume
specified in subparagraph (D), or the total volume of solid hazardous
waste stored exceeds the volume specified in subparagraph (E).
(G) A volume of liquid or solid hazardous waste is stored at the
facility for more than one calendar year.
(2) "Series B standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, and that meets one of the
following conditions:
(A) The total influent volume of liquid hazardous waste treated is
greater than 5,000 gallons but less than 50,000 gallons per calendar
month.
(B) The total volume of solid hazardous waste treated is greater
than 10,000 pounds but less than 100,000 pounds per calendar month.
(C) Where both liquid and solid hazardous wastes are being
treated, the total volume of liquid hazardous waste treated does not
exceed the volume specified in subparagraph (A), and the volume of
solid hazardous waste treated does not exceed the volume specified in
subparagraph (B).
(D) The total facility storage design capacity is greater than
50,000 gallons but less than 500,000 gallons for liquid hazardous
waste.
(E) The total facility storage design capacity is greater than
100,000 pounds but less than 500 tons for solid hazardous waste.
(F) Where both liquid and solid hazardous wastes are being stored,
the total volume of liquid hazardous waste stored does not exceed
the volume specified in subparagraph (D), and the total volume of
solid hazardous waste stored does not exceed the volume specified in
subparagraph (E).
(3) "Series C standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not conduct thermal
treatment of hazardous waste, with the exception of evaporation, and
that meets one of the following conditions:
(A) The total influent volume of liquid hazardous waste treated
does not exceed 5,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated does not
exceed 10,000 pounds per calendar month.
(C) Where both liquid and solid hazardous wastes are being
treated, the total volume of liquid hazardous waste treated does not
exceed the volume specified in subparagraph (A), and the total volume
of solid hazardous wastes treated does not exceed the volume
specified in subparagraph (B).
(D) The total facility storage design capacity does not exceed
50,000 gallons for liquid hazardous waste.
(E) The total facility storage design capacity does not exceed
100,000 pounds for solid hazardous waste.
(F) Where both liquid and solid hazardous wastes are being stored,
the total volume of liquid hazardous waste stored does not exceed
the volume specified in subparagraph (D) and the total volume of
solid hazardous waste stored does not exceed the volume specified in
subparagraph (E).
(G) The surface impoundment is used to contain non-RCRA hazardous
waste that meets the requirements of paragraph (3) of subdivision
(g).
(b) The department shall adopt regulations specifying standardized
hazardous waste facilities permit application forms that may be
completed by a non-RCRA Series A, B, or C treatment, storage, or
treatment and storage facility, in lieu of other hazardous waste
facilities permit application procedures set forth in regulations.
The department shall not issue permits under this section to specific
classes of facilities unless the department finds that doing so will
not create a competitive disadvantage to a member or members of that
class which were in compliance with the permitting requirements
which were in effect on September 1, 1992.
(c) The regulations adopted pursuant to subdivision (b) shall
include all of the following:
(1) Require that the standardized permit notification be submitted
to the department on or before October 1, 1993, for facilities
existing on or before September 1, 1992, except for facilities
specified in paragraphs (2) and (3) of subdivision (g). The
standardized permit notification shall include, at a minimum, the
information required for a Part A application as described in the
regulations adopted by the department.
(2) Require that the standardized permit application be submitted
to the department within six months of the submittal of the
standardized permit notification, except that a facility that submits
a notification prior to October 1, 1993, may submit a permit
application on or before April 1, 1994. The standardized permit
application shall require, at a minimum, that the following
information be submitted to the department for review prior to the
final permit determination:
(A) A description of the treatment and storage activities to be
covered by the permit, including the type and volumes of waste, the
treatment process, equipment description, and design capacity.
(B) A copy of
the closure plan as required by paragraph (13) of subdivision (b) of
Section 66270.14 of Title 22 of the California Code of Regulations.
(C) A description of the corrective action program, as required by
Section 25200.10.
(D) Financial responsibility documents specified in paragraph (17)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(E) A copy of the topographical map as specified in paragraph (18)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(F) A description of the individual container, and tank and
containment system, and of the engineer's certification, as specified
in Sections 66270.15 and 66270.16 of Title 22 of the California Code
of Regulations.
(G) Documentation of compliance, if applicable, with the
requirements of Article 8.7 (commencing with Section 25199).
(3) Require that a facility operating pursuant to a standardized
permit comply with the liability assurance requirements in Section
25200.1.
(4) Specify which of the remaining elements of the permit
application as described in subdivision (b) of Section 66270.14 of
the California Code of Regulations shall be the subject of a
certification of compliance by the applicant.
(5) Establish a procedure for imposing an administrative penalty
pursuant to Section 25187, in addition to any other penalties
provided by this chapter, upon an owner or operator of a treatment or
storage facility that is required to obtain a hazardous waste
facilities permit and that meets the criteria for a Series A, B, or C
permit listed in subdivision (a), who does not submit a standardized
permit notification to the department on or before the submittal
deadline specified in paragraph (1) or the submittal deadline
specified in paragraph (2) or (3) of subdivision (g), whichever date
is applicable, and who continues to operate the facility without
obtaining a hazardous waste facilities permit or other grant of
authorization from the department after the applicable deadline for
submitting the notification to the department. In determining the
amount of the administrative penalty to be assessed, the regulations
shall require the amount to be based upon the economic benefit gained
by that owner or operator as a result of failing to comply with this
section.
(6) Require that a facility operating pursuant to a standardized
permit comply, at a minimum, with the interim status facility
operating requirements specified in the regulations adopted by the
department, except that the regulations adopted pursuant to this
section may specify financial assurance amounts necessary to
adequately respond to damage claims at levels that are less than
those required for interim status facilities if the department
determines that lower financial assurance levels are appropriate.
(d) (1) Any regulations adopted pursuant to this section may 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.
(2) On and before January 1, 1995, the adoption of the regulations
pursuant to paragraph (1) 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.
(e) The department may not grant a permit under this section
unless the department has determined the adequacy of the material
submitted with the application and has conducted an inspection of the
facility and determined all of the following:
(1) The treatment process is an effective method of treating the
waste, as described in the permit application.
(2) The corrective action plan is appropriate for the facility.
(3) The financial assurance is sufficient for the facility.
(f) (1) Interim status shall not be granted to a facility which
does not submit a standardized permit notification on or before
October 1, 1993, unless the facility is subject to paragraph (2) or
(3) of subdivision (g).
(2) Interim status shall be revoked if the permit application is
not submitted within six months of the permit notification.
(3) Interim status granted to any facility pursuant to this
section and Sections 25200.5 and 25200.9 shall terminate upon a final
permit determination or January 1, 1998, whichever date is earlier.
This paragraph shall apply retroactively to facilities for which a
final permit determination is made on or after September 30, 1995.
(4) A treatment, storage, or treatment and storage facility
operating pursuant to interim status which applies for a permit
pursuant to this section shall pay fees to the department in an
amount equal to the fees established by subdivision (e) of Section
25205.4 for the same size and type of facility.
(g) (1) Except as provided in paragraphs (2) and (3), a facility
treating used oil or solvents, or which engages in incineration,
thermal destruction, or any land disposal activity, is not eligible
for a standardized permit pursuant to this section.
(2) (A) Notwithstanding paragraph (1), an offsite facility
treating solvents is eligible for a standardized permit pursuant to
this section if all of the following conditions are met:
(i) The facility exclusively treats solvent wastes, and is not
required to obtain a permit pursuant to the federal act.
(ii) The solvent wastes that the facility treats are only the
types of solvents generated from dry cleaning operations.
(iii) Ninety percent or more of the solvents that the facility
receives are from dry cleaning operations.
(iv) Ninety percent or more of the solvents that the facility
receives are recycled and sold by the facility, excluding recycling
for energy recovery, provided that the facility does not produce more
than 15,000 gallons per month of recycled solvents.
(B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1995, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1995.
(C) A facility treating solvents pursuant to this paragraph shall
clearly label all recycled solvents as recycled prior to subsequent
sale or distribution.
(D) Notwithstanding that a facility eligible for a standardized
permit pursuant to this paragraph meets the eligibility requirements
for a Series C standardized permit specified in paragraph (3) of
subdivision (a), the facility shall obtain and meet the requirements
for a Series B standardized permit specified in paragraph (2) of
subdivision (a).
(E) Notwithstanding any other provision of this chapter, for
purposes of this paragraph, if the recycled material is to be used
for dry cleaning, "recycled" means the removal of water and
inhibitors from waste solvent and the production of dry cleaning
solvent with an appropriate inhibitor for dry cleaning use. The
removal of inhibitors is not required if all of the solvents received
by the facility that are recycled for dry cleaning use are from dry
cleaners.
(3) (A) Notwithstanding paragraph (1), an owner or operator with a
surface impoundment used only to contain non-RCRA wastes generated
onsite, that holds those wastes for not more than one 30-day period
in any calendar year, and that meets the criteria specified in
paragraphs (i) to (iii), inclusive, may submit a Series C
standardized permit application to the department. A surface
impoundment is eligible for operation under the Series C standardized
permit tier if all of the following requirements are met:
(i) The waste and any residual materials are removed from the
surface impoundment within 30 days of the date the waste was first
placed into the surface impoundment.
(ii) The owner or operator has, and is in compliance with, current
waste discharge requirements issued by the appropriate California
regional water quality control board for the surface impoundment.
(iii) The owner or operator complies with all applicable
groundwater monitoring requirements of the regulations adopted by the
department pursuant to this chapter.
(B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1996, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1996.
(h) Facilities operating pursuant to this section shall comply
with Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(i) (1) The department shall require an owner or operator applying
for a standardized permit to complete and file a phase I
environmental assessment with the application. However, if a RCRA
facility assessment has been performed by the department, the
assessment shall be deemed to satisfy the requirement of this
subdivision to complete and file a phase I environmental assessment,
and the facility shall not be required to submit a phase I
environmental assessment with its application.
(2) (A) For purposes of this subdivision, the phase I
environmental assessment shall include a preliminary site assessment,
as described in subdivision (b) of Section 25200.14, except that the
phase I environmental assessment shall also include a certification,
signed, except as provided in subparagraph (B), by the owner, and
also by the operator if the operator is not the owner, of the
facility and an independent professional engineer, geologist, or
environmental assessor registered in the state.
(B) Notwithstanding subparagraph (A), the certification for a
permanent household waste collection facility may be signed by any
professional engineer, geologist, or environmental assessor
registered in the state, including, but not limited to, such a person
employed by the governmental entity, but if the facility owner is
not a governmental entity, the engineer, geologist, or assessor
signing the certification shall not be employed by, or be an agent
of, the facility owner.
(3) The certification specified in paragraph (2) shall state
whether evidence of a release of hazardous waste or hazardous
constituents has been found.
(4) If evidence of a release has been found, the facility shall
complete a detailed site assessment to determine the nature and
extent of any contamination resulting from the release and shall
submit a corrective action plan to the department, within one year of
submittal of the standardized permit application.
(j) The department shall establish an inspection program to
identify, inspect, and bring into compliance any treatment, storage,
or treatment and storage facility which is eligible for, and is
required to obtain, a standardized hazardous waste facilities permit
pursuant to this section, and which is operating without a permit or
other grant of authorization from the department for that treatment
or storage activity.
(k) A treatment, storage, or treatment and storage facility
authorized to operate pursuant to a hazardous waste facilities permit
issued pursuant to Section 25200, which meets the criteria listed in
subdivision (a) for a standardized permit, may operate pursuant to a
Series A, B, or C standardized permit by completing the appropriate
permit modification procedure specified in the regulations for such a
modification.
(l) Notwithstanding any other provision of law, the permit
modification fee imposed pursuant to subdivision (i) of Section
25205.7 for a modification made pursuant to subdivision (k) shall be
the appropriate class 1, 2, or 3 standardized permit modification fee
specified in subdivision (i) of Section 25205.7.
SEC. 13.5. Section 25201.5 of the Health and Safety Code is
amended to read:
25201.5. (a) Notwithstanding any other provision of law, a
hazardous waste facilities permit is not required for a generator who
treats hazardous waste of a total weight of not more than 500
pounds, or a total volume of not more than 55 gallons, in any
calendar month, if both of the following conditions are met:
(1) The hazardous waste is not an extremely hazardous waste and is
listed in Section 67450.11 of Title 22 of the California Code of
Regulations, as in effect on January 1, 1992, as eligible for
treatment pursuant to the regulations adopted by the department for
operation under a permit-by-rule and the treatment technology used is
approved for that waste stream in Section 67450.11 of Title 22 of
the California Code of Regulations for treatment under a
permit-by-rule.
(2) The generator is not otherwise required to obtain a hazardous
waste facilities permit or other grant of authorization for any other
hazardous waste management activity at the facility.
(b) Notwithstanding any other provision of law, treatment in the
following units is ineligible for exemption pursuant to subdivision
(a) or (c):
(1) Landfills.
(2) Surface impoundments.
(3) Injection wells.
(4) Waste piles.
(5) Land treatment units.
(6) Thermal destruction units.
(c) Notwithstanding any other provision of law, a hazardous waste
facilities permit or other grant of authorization is not required to
conduct the following treatment activities, if the generator treats
the following hazardous waste streams using the treatment technology
required by this subdivision:
(1) The generator mixes or cures resins mixed in accordance with
the manufacturer's instructions, including the mixing or curing of
multicomponent and preimpregnated resins in accordance with the
manufacturer's instructions.
(2) The generator treats a container of 110 gallons or less
capacity, which is not constructed of wood, paper, cardboard, fabric,
or any other similar absorptive material, for the purposes of
emptying the container as specified by Section 66261.7 of Title 22 of
the California Code of Regulations, as revised July 1, 1990, or
treats the inner liners removed from empty containers that once held
hazardous waste or hazardous material. The generator shall treat the
container or inner liner by using the following technologies, if the
treated containers and rinseate are managed in compliance with the
applicable requirements of this chapter:
(A) The generator rinses the container or inner liner with a
suitable liquid capable of dissolving or removing the hazardous
constituents which the container held.
(B) The generator uses physical processes, such as crushing,
shredding, grinding, or puncturing, that change only the physical
properties of the container or inner liner, if the container or inner
liner is first rinsed as provided in subparagraph (A) and the
rinseate is removed from the container or inner liner.
(3) The generator conducts drying by pressing or by passive or
heat-aided evaporation to remove water from wastes classified as
special wastes by the department pursuant to Section 66261.124 of
Title 22 of the California Code of Regulations.
(4) The generator conducts magnetic separation or screening to
remove components from wastes classified as special wastes by the
department pursuant to Section 66261.124 of Title 22 of the
California Code of Regulations.
(5) The generator neutralizes acidic or alkaline wastes which are
hazardous solely due to corrosivity or toxicity resulting from the
presence of acidic or alkaline material from food or food byproducts,
and alkaline or acidic waste, other than wastes containing nitric
acid, at SIC Code Major Group 20, food and kindred product
facilities, as defined in subdivision (p) of Section 25501, if both
of the following conditions are met:
(A) The neutralization process does not result in the emission of
volatile hazardous waste constituents or toxic air contaminants.
(B) The neutralization process is required in order to meet
discharge or other regulatory requirements.
(6) The generator processes effluent hazardous waste for disposal
from the processing of silver halide-based imaging products, if all
of the following conditions are met:
(A) The effluent is a hazardous waste solely due to its silver
content.
(B) The effluent is treated within 90 days of its generation.
(C) The effluent is treated in a tank or container.
(D) The total influent hazardous waste stream treated does not
exceed 500 gallons in any calendar month.
(E) The effluent is treated with a technology or combination of
technologies which recover the silver to a level less than 5 mg/l
total silver in the final wastewater discharge, or a lower level as
may be set by the local publicly owned treatment works.
(7) Except as provided for specific waste streams in Section
25200.3, the generator conducts the separation by gravity of the
following, if the activity is conducted in impervious tanks or
containers constructed of noncorrosive materials, the activity does
not involve the addition of heat or other form of treatment, or the
addition of chemicals other than flocculants and demulsifiers, and
the activity is managed in compliance with applicable requirements of
federal, state, or local agency or treatment works:
(A) The settling of solids from waste where the resulting aqueous
stream is not hazardous.
(B) The separation of oil/water mixtures and separation sludges,
if the average oil recovered per month is less than 25 barrels.
(8) The generator is a laboratory which is certified by the State
Department of Health Services or operated by an educational
institution, and treats wastewater generated onsite solely as a
result of analytical testing, or is a laboratory which treats less
than one gallon of hazardous waste, which is generated onsite, in any
single batch, subject to the following:
(A) The wastewater treated is hazardous solely due to corrosivity
or toxicity that results only from the acidic or alkaline material,
as defined in Section 66260.10 of Title 22 of the California Code of
Regulations, or is excluded from the definition of hazardous waste by
subparagraph (E) of paragraph (2) of subsection (a) of Section
66261.3 of Title 22 of the California Code of Regulations, or both.
(B) The treatment meets all of the following requirements, in
addition to all other requirements of this section:
(i) The treatment complies with all applicable pretreatment
requirements.
(ii) Neutralization occurs in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations; wastes to be neutralized do not contain any more than 10
percent acid or base concentration by weight, or any other
concentration limit which may be imposed by the department; and
vessels and piping for neutralization are constructed of materials
that are compatible with the range of temperatures and pH levels, and
subject to appropriate pH temperature controls.
(iii) Treatment does not result in the emission of volatile
hazardous waste constituents or toxic air contaminants.
(9) The hazardous waste treatment is carried out in a quality
control or quality assurance laboratory at a facility that is not an
offsite hazardous waste facility and the treatment activity otherwise
meets the requirements of paragraph (1) of subdivision (a).
(10) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(11) The generator uses any technology that is certified by the
department, pursuant to Section 25200.1.5, as effective for the
treatment of formaldehyde or glutaraldehyde solutions used in health
care facilities that are operated pursuant to the conditions imposed
on the certification and which makes the operation appropriate to
this tier. The technology may be certified using a pilot
certification process until the department adopts regulations
pursuant to Section 25200.1.5. This paragraph shall be operative
only until April 11, 1996.
(d) A generator conducting treatment pursuant to subdivision (a)
or (c) shall meet all of the following conditions:
(1) The waste being treated is generated onsite, and a residual
material from the treatment of a hazardous waste generated offsite is
not a waste that has been generated onsite.
(2) The treatment does not require a hazardous waste facilities
permit pursuant to the federal act.
(3) The generator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
(4) The generator prepares and maintains a written inspection
schedule and log of inspections conducted.
(5) The records specified in paragraphs (3) and (4) are maintained
onsite for a period of three years.
(6) The generator maintains adequate records to demonstrate that
it is in compliance with all applicable pretreatment standards and
with all applicable industrial waste discharge requirements issued by
the agency operating the publicly owned treatment works into which
the wastes are discharged.
(7) (A) Not less than 60 days before commencing treatment of
hazardous waste pursuant to this section, the generator shall submit
a notification, 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 one of the following:
(I) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(II) On and after January 1, 1997, 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.
(B) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by subparagraph (A), between notification and commencement of
hazardous waste treatment pursuant to this section.
(C) The notification submitted pursuant to this paragraph shall be
completed, dated, and signed in accordance with the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements apply to permit applications, shall be on a
form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(i) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional exemption applies.
(ii) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional exemption
applies.
(iii) A description of the hazardous waste treatment activity to
which the conditional exemption applies, including, but not limited
to, the basis for determining that a hazardous waste facilities
permit is not required under the federal act.
(iv) A description of the characteristics and management of any
treatment residuals.
(D) The development and publication of the notification form
required under this paragraph is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
(E) Any notification submitted pursuant to this paragraph shall
supersede any prior notice of intent submitted by the same generator
in order to obtain a permit-by-rule under the regulations adopted by
the department. This subparagraph does not require the department to
refund any fees paid for any application in conjunction with the
submission of a notice of intent for a permit-by-rule.
(8) (A) Upon terminating operation of any treatment process or
unit exempted pursuant to this section, the generator who conducted
the treatment shall remove or decontaminate all waste residues,
containment system components, soils, and other structures or
equipment contaminated with hazardous waste from the unit. The
removal of the unit from service shall be conducted in a manner that
does both of the following:
(i) Minimizes the need for further maintenance.
(ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after treatment process is no longer in
operation.
(B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is conditionally exempted pursuant to
this section shall, upon completion of all activities required under
this subdivision, provide written notification 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 one of the following:
(I) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(II) On and after January 1, 1997, 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.
(9) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under this chapter and
the regulations adopted by the department pursuant to this chapter.
(10) Except as provided in Section 25404.5, the generator submits
a fee in the amount required by Section 25205.14, unless the
generator is subject to a fee under a permit-by-rule or a grant of
conditional authorization pursuant to Section 25200.3. The generator
shall submit that fee within 30 days of the date that the fee is
assessed by the State Board of Equalization, in the manner specified
by Section 43152.10 of the Revenue and Taxation Code.
(11) Notwithstanding any other provision of law, the generator
shall submit the fee required by Section 25205.14 for the 1993
reporting period to the department as part of, and at the same time
as, the notification required pursuant to paragraph (7) that is due
on April 1, 1993. Any notification not accompanied by payment of the
fee is invalid and shall
not result in a grant of conditional exemption.
(e) (1) Unless otherwise required by federal law, ancillary
equipment for a tank or container treating hazardous wastes solely
pursuant to this section is not subject to Section 66265.193 of Title
22 of the California Code of Regulations, if the ancillary equipment'
s integrity is attested to pursuant to Section 66265.191 of Title 22
of the California Code of Regulations every two years from the date
that retrofitting requirements would otherwise apply.
(2) (A) The Legislature hereby finds and declares that, in the
case of underground, gravity-pressured sewer systems, integrity
testing is often not feasible.
(B) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
(C) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures that are determined to be sufficient
by the department in those regulations, and those leak detection
measures do not reveal any leaks emanating from the operator's
ancillary equipment. Any ancillary equipment found to leak shall be
retrofitted by the operator to meet the full secondary containment
standards of Section 66265.196 of Title 22 of the California Code of
Regulations.
(f) Nothing in this section shall abridge any authority granted to
the department, a unified program agency, or local health officer or
local public officer designated pursuant to Section 25180, by any
other provision of law to impose any further restrictions or
limitations upon facilities subject to this section, that the
department, a unified program agency, or local health officer or
local public officer designated pursuant to Section 25180, determines
to be necessary to protect human health or the environment.
(g) A generator that would otherwise be subject to this section
may contract with the operator of a transportable treatment unit who
is operating pursuant to this section to treat the generator's waste.
If treatment of the generator's waste takes place under such a
contract, the generator is not otherwise subject to the requirements
of this section, but shall comply with all other requirements of this
chapter that apply to generators. The operator of the transportable
treatment unit shall comply with all of the applicable requirements
of this section and, for purposes of this section, the operator of
the transportable treatment unit shall be deemed to be the generator.
(h) A generator conducting activities which are exempt from this
chapter pursuant to Section 66261.7 of Title 22 of the California
Code of Regulations, as that section read on January 1, 1993, is not
required to comply with this section.
(i) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to paragraph (7) of subdivision (d), a
generator shall submit an amended notification, in person or by
certified mail, with return receipt requested, to the department and
to 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, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, 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) Each amended notification made pursuant to this subdivision
shall be completed, dated, and signed in accordance with the
requirements of Section 66270.11 of Title 22 of the California Code
of Regulations, as those requirements apply to hazardous waste
facilities permit applications.
(j) A person who submitted a notification to the department
pursuant to paragraph (7) of subdivision (d) shall be deemed to be
operating pursuant to this section, and, except as provided in
Section 25404.5, shall be subject to the fee set forth in subdivision
(c) of Section 25205.14 until that person submits a certification
that the generator has ceased all treatment activities of hazardous
waste streams authorized pursuant to this section in accordance with
the requirements of paragraph (8) of subdivision (d). The
certification required by this subdivision shall be submitted, in
person or by certified mail, with return receipt requested, to the
department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to one of the following:
(A) Prior to January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(B) On and after January 1, 1997, 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.
SEC. 14. Section 25201.13 of the Health and Safety Code is amended
to read:
25201.13. (a) The Legislature hereby finds and declares that
demineralization of water is a standard industrial water purification
process used by utilities and industry. The regeneration and
recycling of ion exchange media used to demineralize water is a
continuous, onsite, totally enclosed, automated process, which is
exempt from federal permitting requirements. The conditions set
forth in subdivision (d) of Section 25201.5 are important to protect
the environment by ensuring notification before treatment begins,
written operating instructions, inspections, compliance with
pretreatment standards, cleanup of terminated units, and
recordkeeping to demonstrate compliance. However, those conditions
are inapplicable to demineralization units because of the enclosed,
automated, continuous technology involved, the very brief period in
which treatment occurs, and the lack of any waste residue. An
exemption from Section 25201.5 is therefore appropriate. Similarly,
elementary neutralization associated with food processing industry
wastewaters should also be exempt from Section 25201.5.
(b) An owner or operator of an elementary neutralization unit, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, and any storage tank not regulated under the federal act
which is an integral part of the demineralizer operation, that
neutralizes wastes which are hazardous solely due to corrosivity or
toxicity that results only from the acidic or alkaline material, is
exempt from this article, including the requirement of obtaining a
hazardous waste facilities permit or other grant of authorization
from the department, if the wastes result solely from the
regeneration of ion exchange media used to demineralize water, do not
contain more than 10 percent acid or base concentration by weight,
are treated in vessels and piping constructed of materials that are
compatible with the range of temperatures and pH levels of the
wastes, and are subject to appropriate pH and temperature controls.
(c) (1) An owner or operator of an elementary neutralization unit,
as defined in Section 66260.10 of Title 22 of the California Code of
Regulations, including any storage or processing tank not regulated
under the federal act which is an integral part of the elementary
neutralization operation, is exempt from this article, including the
requirement to obtain a hazardous waste facilities permit or other
grant of authorization from the department, if all of the following
requirements are met:
(A) The unit neutralizes wastewaters which are hazardous solely
due to corrosivity or toxicity that results only from alkaline or
acidic materials used in the owner's or operator's food processing
operations.
(B) The wastewaters result from food processing operations, do not
contain more than 10 percent acid or base concentration by weight,
are treated in vessels and piping that are compatible with the range
of temperatures and pH levels of the wastewaters, and are subject to
appropriate pH and temperature controls.
(2) For purposes of this subdivision "food processing operation"
means activities conducted at facilities in SIC Code Major Group 20
(Food and Kindred Products), and includes preparation, mixing,
cooking, fermentation, aging, storage, packaging, sanitizing, or
pasteurization of products intended for human consumption, and all
associated equipment and vessel cleaning operations.
SEC. 15. Section 25204.7 is added to the Health and Safety Code,
to read:
25204.7. (a) Notwithstanding any other provision of law, a
generator conducting a treatment activity which is eligible for
operation under a permit-by-rule pursuant to the department's
regulations, a grant of conditional authorization pursuant to Section
25200.3, or a grant of conditional exemption pursuant to Section
25144.6 or 25201.5, and who meets the criteria in subdivision (b), is
exempt from all of the following requirements:
(1) The requirement for a generator to submit a notification to
the department under Sections 25144.6, 25200.3, and 25201.5 and the
regulations adopted by the department pertaining to a permit-by-rule.
(2) The requirement to pay a fee pursuant to Section 25205.14.
(b) To be eligible for an exemption pursuant to this section, the
generator shall meet all of the following requirements:
(1) The generator is located within the jurisdiction of a
certified unified program agency which includes the publicly owned
treatment works that regulates the generator's activity or unit which
is eligible for operation under a permit-by-rule or a grant of
conditional authorization or conditional exemption, and which has
implemented a unified program pursuant to Chapter 6.11 (commencing
with Section 25404) that includes the following elements:
(A) The pretreatment program of the publicly owned treatment works
that regulates the generator.
(B) An inspection program that meets the requirements of Section
25201.4 and that inspects the generator for compliance with the
requirements of this section.
(2) The generator meets all other requirements of the department's
regulations pertaining to permit-by-rule, or Section 25144.6,
25200.3, or 25201.5, whichever is applicable.
SEC. 16. Section 25205.7 of the Health and Safety Code is amended
to read:
25205.7. (a) The board shall assess a fee for any application for
a new hazardous waste facilities permit, a variance, or a permit
modification issued by the department pursuant to this chapter or the
regulations adopted pursuant to this chapter. The fee shall be
nonrefundable, even if the application is withdrawn or the permit,
variance, or modification is denied. The department shall provide
the board with any information which is necessary to assess fees
pursuant to this section. The fee shall be collected in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code and deposited into the Hazardous Waste
Control Account. A person who submits a single application for a
facility that falls within more than one fee category shall pay only
the higher fee.
(b) (1) The amounts stated in this section shall be base rates for
the 1989-90 fiscal year for all facilities, other than those
operating pursuant to a standardized permit, as specified in Section
25201.6. For all facilities operating pursuant to a standardized
permit, the amounts stated in this section shall be the base rates
for the 1993-94 fiscal year. Thereafter the fees shall be adjusted
annually to reflect increases or decreases in the cost of living, as
measured by the Consumer Price Index for the United States, as
reported by the Department of Labor or a successor agency of the
United States government.
(2) The board shall pay a refund of the portion of the fee that
was paid for the 1993-94 fiscal year, in excess of the amounts
specified in this section, to an owner or operator of a facility
operating pursuant to a standardized permit pursuant to Section
25201.6 who paid fees in excess of the amounts specified in this
section for that fiscal year.
(3) The fee shall be assessed upon application to the department.
For a facility operating pursuant to a grant of interim status, the
submittal of the application shall be the submittal of the Part B
application in accordance with regulations adopted by the department.
A person who submits an application for renewal of any existing
permit shall pay an amount equal to the fee that would have been
assessed had the person requested the same changes in a modification
application, but not less than one-half the fee required for a new
permit.
(4) Notwithstanding subdivision (f), the fee for any application
for a new permit, variance, permit modification, or permit renewal
for a transportable treatment unit, including any application made
prior to January 1, 1996, that is pending before the department as of
January 1, 1996, shall be determined according to the type of permit
authorizing operation of that unit, as provided by subdivision (d)
of Section 25200.2 or the regulations adopted pursuant to subdivision
(a) of Section 25200.2. Any standardized permit issued to the
operator of a transportable treatment unit after January 1, 1996,
that succeeds a full hazardous waste facilities permit issued by the
department prior to January 1, 1996, in accordance with subdivision
(d) of Section 25200.2 or regulations adopted pursuant to subdivision
(a) of Section 25200.2, shall not be considered to be a new permit.
(c) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay eighty-three
thousand dollars ($83,000) for a small facility, one hundred
seventy-seven thousand dollars ($177,000) for a medium facility, and
three hundred four thousand dollars ($304,000) for a large facility.
(d) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay fifty thousand dollars
($50,000) for a small facility, one hundred six thousand dollars
($106,000) for a medium facility, and one hundred eighty-two thousand
dollars ($182,000) for a large facility.
(e) (1) Except as provided in paragraphs (2) and (3), a person
submitting a hazardous waste facility permit application for a
storage facility, a treatment facility, or a storage and treatment
facility shall pay seventeen thousand dollars ($17,000) for a small
facility, thirty-one thousand dollars ($31,000) for a medium
facility, and sixty thousand dollars ($60,000) for a large facility.
(2) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay thirty
thousand fifty-one dollars ($30,051) for a Series A standardized
permit, eighteen thousand seven hundred sixty-two dollars ($18,762)
for a Series B standardized permit, and five thousand dollars
($5,000) for a Series C standardized permit. The board shall assess
these fees based upon the classifications specified in subdivision
(a) of Section 25201.6.
(3) In addition to the fees specified in paragraph (2), the board
shall assess a fee equal to the department's costs in reviewing and
overseeing any corrective action program described in the application
for a standardized permit pursuant to subparagraph (C) of paragraph
(2) of subdivision (c) of Section 25201.6, and in reviewing and
overseeing any corrective action work undertaken at the facility
pursuant to that corrective action program.
(f) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay thirteen
thousand dollars ($13,000) for a small unit, thirty thousand dollars
($30,000) for a medium unit, and sixty thousand dollars ($60,000) for
a large unit.
(g) (1) (A) A person submitting a request for a variance shall pay
three thousand dollars ($3,000) for a variance from any hazardous
waste storage requirements imposed by this chapter, three hundred
dollars ($300) for a variance issued pursuant to Section 25179.8,
three hundred dollars ($300) for a variance to allow the use of a
test method or analytical method which is an alternative to the
methods prescribed by regulation for use in classifying a waste,
eight hundred dollars ($800) for a variance from the requirements for
hazardous waste haulers imposed by this chapter.
(B) A person submitting a request for a variance not listed in
subparagraph (A) shall pay eight thousand dollars ($8,000), unless
the applicant is a small business and the department determines in
its discretion that payment of this fee would cause financial or
other unreasonable hardship to the applicant. If that finding is
made, the department may assess the applicant up to 50 percent of the
standard fee. For the purposes of this subparagraph, "small
business" means a business which is independently owned and operated,
has 25 employees or less, and has a gross annual income which does
not exceed two million dollars ($2,000,000).
(C) If the variance application requests a variance from more than
one specific statute or regulation, a separate fee may be assessed
for each statute or regulation from which the variance is requested.
(2) If the variance contains no significant changes from a
variance previously issued to the same owner or operator, the fee
shall be 25 percent of the amount otherwise provided for by this
section. A change is a significant change if, had it been made to a
permit, it would have been a class 2 or class 3 modification, as
specified in subdivision (h).
(3) Any variance granted pursuant to Article 3 (commencing with
Section 66260.21) of Chapter 10 of Division 4.5 of Title 22 of the
California Code of Regulations is not subject to a fee under this
section.
(h) (1) A person who applies for one or more class 1 permit
modifications shall pay a fee of five hundred dollars ($500) for each
unit directly impacted by the modification, up to a maximum of one
thousand five hundred dollars ($1,500) for each application.
(2) A person who applies for one or more class 2 permit
modifications shall pay a fee equal to 20 percent of the fee for a
new permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 40 percent for each application,
except that each person who applies for one or more class 2 permit
modifications for a land disposal facility or an incinerator shall
pay a fee equal to 15 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 30 percent for each application.
(3) A person who applies for one or more class 3 permit
modifications shall pay a fee equal to 40 percent of the fee for a
new permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 80 percent for each application,
except that a person who applies for one or more class 3 permit
modifications for a land disposal facility shall pay a fee equal to
30 percent of the fee for a new permit for that facility for each
unit directly impacted by the modifications, up to a maximum of 60
percent for each modification.
(4) No facility which is exempted from fees imposed by this
article pursuant to subdivision (e) of Section 25205.3, nor any
operator who is subject to paragraph (2) or (3) of subdivision (d) of
Section 25205.2, shall be subject to any fee pursuant to this
section for a permit modification resulting from a revision of the
facility's or operator's closure plan.
(5) The fee for the modification of a permit, that is solely for
the purpose of complying with subdivision (d) of Section 25200.2 or
regulations adopted pursuant to subdivision (a) of Section 25200.2,
shall be five hundred dollars ($500). This paragraph does not apply
to an owner or operator of a transportable treatment unit operating
under a permit-by-rule for which a hazardous waste facilities permit
or a standardized permit is required pursuant to the regulations
adopted by the department pursuant to subdivision (a) of Section
25200.2.
(i) (1) Permits for postclosure shall be required for hazardous
waste facilities if hazardous wastes remain after closure which will
not be subject to the requirements of any other hazardous waste
facilities permit issued by the department at the time of postclosure
permit approval.
(2) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of eight
thousand dollars ($8,000) for a small facility, eighteen thousand
dollars ($18,000) for a medium facility, and thirty thousand dollars
($30,000) for a large facility.
(3) For purposes of this subdivision and paragraph (8) of
subdivision (c) of Section 25205.4, and notwithstanding subdivision
(j), any facility or unit is "small" if 0.5 tons (1,000 pounds) or
less of hazardous waste remain after closure, "medium" if more than
0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous waste
remain after closure, and "large" if 1,000 or more tons of hazardous
waste remain after closure.
(j) For purposes of this section, and notwithstanding Section
25205.1, any facility or unit is "small" if it manages 0.5 tons
(1,000 pounds) or less of hazardous waste during any one month of the
state's current fiscal year, "medium" if it manages more than 0.5
tons (1,000 pounds), but less than 1,000 tons, of hazardous waste
during any one month of the state's current fiscal year, and "large"
if it manages 1,000 or more tons of hazardous waste during any one
month of the state's current fiscal year.
(k) (1) The fees assessed pursuant to this section do not apply to
any permit or variance to operate a research, development, and
demonstration facility, if the duration of the permit or variance is
not longer than one year, unless the permit or variance is renewed
pursuant to the regulations adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(l) The fees assessed pursuant to this section do not apply to any
of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(m) Except as provided in paragraph (3) of subdivision (e), the
department shall not assess any fees for the department's costs in
reviewing and overseeing a corrective action taken in conjunction
with a hazardous waste facility permit application.
(n) The fees assessed pursuant to subdivision (h) do not apply to
any government agency for hazardous wastes which result when the
government agency, or its contractor, investigates, removes, or
remedies a release of hazardous waste caused by another person.
(o) Any person producing or transporting extremely hazardous waste
shall pay a fee of two hundred dollars ($200) per calendar year, in
addition to any other fee imposed by this section. The fee shall be
collected annually.
SEC. 16.5. Section 25205.7 of the Health and Safety Code is
amended to read:
25205.7. (a) The board shall assess a fee for any application for
a new hazardous waste facilities permit, a variance, or a permit
modification issued by the department pursuant to this chapter or the
regulations adopted pursuant to this chapter. The fee shall be
nonrefundable, even if the application is withdrawn or the permit,
variance, or modification is denied. The department shall provide
the board with any information which is necessary to assess fees
pursuant to this section. The fee shall be collected in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code, and deposited into the Hazardous Waste
Control Account. A person who submits a single application for a
facility that falls within more than one fee category shall pay only
the higher fee.
(b) (1) The amounts stated in this section shall be base rates for
the 1996 calendar year. Thereafter the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(2) The fee shall be assessed upon application to the department.
For a facility operating pursuant to a grant of interim status, the
submittal of the application shall be the submittal of the Part B
application in accordance with regulations adopted by the department.
A person who submits an application for renewal of any existing
permit shall pay an amount equal to the fee that would have been
assessed had the person requested the same changes in a modification
application, but not less than one-half the fee required for a new
permit.
(3) Notwithstanding subdivision (f), the fee for any application
for a new permit, variance, permit modification, or permit renewal
for a transportable treatment unit, including any application made
prior to January 1, 1996, that is pending before the department as of
January 1, 1996, shall be determined according to the type of permit
authorizing operation of such unit, as provided by subdivision (d)
of Section 25200.2 or regulations adopted pursuant to subdivision (a)
of Section 25200.2. Any standardized permit issued to the operator
of a transportable treatment unit after January 1, 1996, that
succeeds a full hazardous waste facilities permit issued by the
department prior to January 1, 1996, in accordance with subdivision
(d) of Section 25200.2 or
regulations adopted pursuant to subdivision (a) of Section 25200.2,
shall not be considered to be a new permit.
(c) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred two
thousand five hundred eighty-seven dollars ($102,587) for a small
facility, two hundred eighteen thousand seven hundred seventy dollars
($218,770) for a medium facility, and three hundred seventy-five
thousand seven hundred forty dollars ($375,740) for a large facility.
(d) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-one thousand seven
hundred ninety-eight dollars ($61,798) for a small facility, one
hundred thirty-one thousand sixteen dollars ($131,016) for a medium
facility, and two hundred twenty-four thousand nine hundred
forty-nine dollars ($224,949) for a large facility.
(e) (1) Except as provided in paragraphs (2) and (3), a person
submitting a hazardous waste facility permit application for a
storage facility, a treatment facility, or a storage and treatment
facility shall pay twenty-one thousand twelve dollars ($21,012) for a
small facility, thirty-eight thousand three hundred fifteen dollars
($38,315) for a medium facility, and seventy-four thousand one
hundred sixty dollars ($74,160) for a large facility.
(2) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-one thousand five hundred sixty dollars ($31,560) for a Series
A standardized permit, nineteen thousand seven hundred four dollars
($19,704) for a Series B standardized permit, and five thousand two
hundred fifty-one dollars ($5,251) for a Series C standardized
permit. The board shall assess these fees based upon the
classifications specified in subdivision (a) of Section 25201.6.
(3) In addition to the fees specified in paragraph (2), the board
shall assess a fee equal to the department's costs in reviewing and
overseeing any corrective action program described in the application
for a standardized permit pursuant to subparagraph (C) of paragraph
(2) of subdivision (c) of Section 25201.6, and in reviewing and
overseeing any corrective action work undertaken at the facility
pursuant to that corrective action program.
(f) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand sixty-nine dollars ($16,069) for a small unit, thirty-seven
thousand seventy-nine dollars ($37,079) for a medium unit, and
seventy-four thousand one hundred sixty dollars ($74,160) for a large
unit.
(g) (1) (A) A person submitting a request for a variance shall pay
three thousand seven hundred seven dollars ($3,707) for a variance
from any hazardous waste storage requirements imposed by this
chapter, three hundred seventy-one dollars ($371) for a variance
issued pursuant to Section 25179.8, three hundred seventy-one dollars
($371) for a variance to allow the use of a test method or
analytical method which is an alternative to the methods prescribed
by regulation for use in classifying a waste, nine hundred
eighty-nine dollars ($989) for a variance from the requirements for
hazardous waste haulers imposed by this chapter.
(B) (i) A person submitting a request for a variance not listed in
subparagraph (A) shall pay nine thousand eight hundred eighty-six
dollars ($9,886), unless the applicant is a small business and the
department determines in its discretion that payment of this fee
would cause financial or other unreasonable hardship to the
applicant. If that finding is made, the department may assess the
applicant up to 50 percent of the standard fee.
(ii) For the purposes of clause (i), "small business" means a
business which is independently owned and operated, has 25 employees
or less, and has a gross annual income which does not exceed two
million dollars ($2,000,000).
(C) If the variance application requests a variance from more than
one specific statute or regulation, a separate fee may be assessed
for each statute or regulation from which the variance is requested.
(2) If the variance contains no significant changes from a
variance previously issued to the same owner or operator, the fee
shall be 25 percent of the amount otherwise provided for by this
section. A change is a significant change if, had it been made to a
permit, it would have been a class 2 or class 3 modification, as
specified in subdivision (h).
(3) Any variance granted pursuant to Article 4 (commencing with
Section 66263.40) of Chapter 13 of Division 4.5 of Title 22 of the
California Code of Regulations is not subject to a fee under this
section.
(h) (1) (A) A person who applies for one or more class 1 permit
modifications, that do not require the prior written approval of the
department pursuant to Section 66260.42 of Title 22 of the California
Code of Regulations, shall pay a fee of one hundred twenty-four
dollars ($124) for each unit directly impacted by the modification,
up to a maximum of six hundred nineteen dollars ($619) for each
application.
(B) A person who applies for one or more class 1 permit
modifications, which require the prior written approval of the
department pursuant to Section 66270.42 of Title 22 of the California
Code of Regulations, shall pay a fee for service, agreed upon with
the department, which shall not exceed six hundred nineteen dollars
($619) for each unit directly impacted by the modification, up to a
maximum of one thousand eight hundred fifty-six dollars ($1,856) for
each application.
(C) A person may apply for one or more class 1 permit
modifications for more than one facility at a time, if the department
determines that the modifications are the same for each facility and
that the existing facility configuration is the same.
(2) A person who applies for one or more class 2 permit
modifications shall pay, at the election of the person submitting the
application, either of the following fees:
(A) A fee for service, agreed upon with the department.
(B) A fee equal to 20 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 40 percent for each application, except that each
person who applies for one or more class 2 permit modifications for a
land disposal facility or an incinerator shall pay a fee equal to 15
percent of the fee for a new permit for that facility for each unit
directly impacted by the modifications, up to a maximum of 30 percent
for each application.
(3) A person who applies for one or more class 3 permit
modifications shall pay, at the election of the person submitting the
application, either of the following fees:
(A) A fee for service, agreed upon with the department.
(B) A fee equal to 40 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 80 percent for each application, except that a person
who applies for one or more class 3 permit modifications for a land
disposal facility or an incinerator shall pay a fee equal to 30
percent of the fee for a new permit for that facility for each unit
directly impacted by the modifications, up to a maximum of 60 percent
for each application.
(4) Any fee for service imposed pursuant to this subdivision shall
be agreed upon between the department and the person requesting the
permit modification prior to the commencement of any substantial
review of the application for a permit modification by the department
beyond that necessary to evaluate a reasonable fee for service, and
the agreement shall specify all of the following:
(A) A schedule for fee payment.
(B) A description of those activities, due dates, and timeframes
which are the responsibility of the person submitting the
application.
(C) A description of those activities, due dates, and timeframes
which are the responsibility of the department.
(5) No facility which is exempted from fees imposed by this
article pursuant to subdivision (e) of Section 25205.3, nor any
operator who is subject to paragraph (2) or (3) of subdivision (d) of
Section 25205.2, shall be subject to any fee pursuant to this
section for a permit modification resulting from a revision of the
facility's or operator's closure plan.
(6) The fee for modification of a permit, that is solely for the
purpose of complying with subdivision (d) of Section 25200.2 or
regulations adopted pursuant to subdivision (a) of Section 25200.2,
shall be five hundred dollars ($500). This paragraph does not apply
to an owner or operator of a transportable treatment unit operating
under a permit-by-rule for which a full hazardous waste facilities
permit or a standardized permit is required pursuant to the
regulations adopted by the department pursuant to subdivision (a) of
Section 25200.2.
(i) (1) Permits for postclosure shall be required for hazardous
waste facilities if hazardous wastes remain after closure which will
not be subject to the requirements of any other hazardous waste
facilities permit issued by the department at the time of postclosure
permit approval.
(2) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of nine thousand
eight hundred eighty-six dollars ($9,886) for a small facility,
twenty-two thousand two hundred forty-nine dollars ($22,249) for a
medium facility, and thirty-seven thousand seventy-nine dollars
($37,079) for a large facility.
(3) For purposes of this subdivision and paragraph (8) of
subdivision (c) of Section 25205.4, and notwithstanding subdivision
(j), any facility or unit is "small" if 0.5 tons (1,000 pounds) or
less of hazardous waste remain after closure, "medium" if more than
0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous waste
remain after closure, and "large" if 1,000 or more tons of hazardous
waste remain after closure.
(j) For purposes of this section, and notwithstanding Section
25205.1, any facility or unit is "small" if it manages 0.5 tons
(1,000 pounds) or less of hazardous waste during any one month of the
state's current fiscal year, "medium" if it manages more than 0.5
tons (1,000 pounds), but less than 1,000 tons, of hazardous waste
during any one month of the state's current fiscal year, and "large"
if it manages 1,000 or more tons of hazardous waste during any one
month of the state's current fiscal year.
(k) (1) Except as provided in paragraphs (3) and (4), the fees
assessed pursuant to this section do not apply to any permit or
variance to operate a research, development, and demonstration
facility, if the duration of the permit or variance is not longer
than one year, unless the permit or variance is renewed pursuant to
the regulations adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(l) The fees assessed pursuant to this section do not apply to any
of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(m) Except as provided in paragraph (3) of subdivision (e), the
department shall not assess any fees for the department's costs in
reviewing and overseeing a corrective action taken in conjunction
with a hazardous waste facilities permit application.
(n) The fees assessed pursuant to subdivision (o) do not apply to
any government agency for hazardous wastes which result when the
government agency, or its contractor, investigates, removes, or
remedies a release of hazardous waste caused by another person.
(o) Any person producing or transporting extremely hazardous waste
shall pay a fee of two hundred forty-seven dollars ($247) per
calendar year, in addition to any other fee imposed by this section.
The fee shall be collected annually.
SEC. 17. Section 25205.14 of the Health and Safety Code is amended
to read:
25205.14. (a) Except as provided in Section 25404.5, the owner or
operator of a facility or transportable treatment unit operating
pursuant to a permit-by-rule shall pay a fee to the board per
facility or transportable treatment unit for each reporting period,
or portion thereof. The fee for the 1993 reporting period shall be
one thousand one hundred forty dollars ($1,140). Thereafter, the fee
shall be adjusted annually by the board to reflect increases and
decreases in the cost of living, as measured by the United States
Department of Labor or a successor agency. The owner or operator of
a facility or transportable treatment unit operating pursuant to a
permit-by-rule shall also pay a fee in the amount of 50 percent of
the fee specified in this subdivision for each modification of the
notification required by Sections 67450.2 and 67450.3 of Title 22 of
the California Code of Regulations, as those sections read on January
1, 1995, or as those sections may subsequently be amended. The
reporting period shall begin January 1 of each calendar year. On or
before January 31 of each calendar year, the department shall notify
the board of all known owners or operators operating pursuant to a
permit-by-rule who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any owner or
operator authorized to operate pursuant to a permit-by-rule, who is
not exempted from this fee pursuant to Section 25404.5, within 60
days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating
under a grant of conditional authorization pursuant to Section
25200.3 shall pay a fee to the board per facility for each reporting
period, or portion thereof, unless the generator is subject to a fee
under a permit-by-rule. The fee for the 1993 reporting period shall
be one thousand one hundred forty dollars ($1,140). Thereafter, the
fee shall be adjusted annually by the board to reflect increases and
decreases in the cost of living, as measured by the United States
Department of Labor or a successor agency. A generator shall also
pay a fee in the amount of 50 percent of the fee specified in the
subdivision for each notification amendment required by subdivision
(k) of Section 25200.3. The reporting period shall begin January 1
of each calendar year. On or before January 31 of each calendar
year, the department shall notify the board of all known generators
operating pursuant to a grant of conditional authorization under
Section 25200.3 who are not exempted from this fee pursuant to
Section 25404.5. The department shall also notify the board of any
generator authorized to operate under a grant of conditional
authorization, who is not exempted from this fee pursuant to Section
25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing
treatment conditionally exempted pursuant to Section 25144.6 or
subdivision (a) or (c) of Section 25201.5 shall pay one hundred
dollars ($100) to the board per facility for the initial operating
period, or portion thereof, and fifty dollars ($50) every reporting
period thereafter, unless that generator is subject to a fee under a
permit-by-rule or a grant of conditional authorization pursuant to
Section 25200.3. The reporting period shall begin January 1 of each
calendar year. On or before January 31 of each calendar year, the
department shall notify the board of all known facilities performing
treatment conditionally exempted by Section 25144.6 or subdivision
(a) or (c) of Section 25201.5 who are not exempted from this fee
pursuant to Section 25404.5. The department shall also notify the
board of any generator who notifies the department that the generator
is conducting a conditionally exempt treatment operation, and who is
not exempted from this fee pursuant to Section 25404.5, within 60
days of the receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
SEC. 17.5. Section 25205.14 of the Health and Safety Code is
amended to read:
25205.14. (a) Except as provided in Section 25404.5, the owner or
operator of a facility or transportable treatment unit operating
pursuant to a permit-by-rule shall pay a fee to the board per
facility or transportable treatment unit for each reporting period,
or portion thereof. The fee for the 1993 reporting period shall be
one thousand two hundred thirty-six dollars ($1,236). Thereafter,
the fee shall be adjusted annually by the board to reflect increases
and decreases in the cost of living, as measured by the Consumer
Price Index issued by the Department of Industrial Relations or a
successor agency. The owner or operator of a facility or
transportable treatment unit operating pursuant to a permit-by-rule
shall also pay a fee in the amount of 50 percent of the fee specified
in this subdivision for each modification of the notification
required by Sections 67450.2 and 67450.3 of Title 22 of the
California Code of Regulations, as those sections read on January 1,
1995, or as those sections may subsequently be amended. The
reporting period shall begin January 1 of each calendar year. On or
before January 31 of each calendar year, the department shall notify
the board of all known owners or operators operating pursuant to a
permit-by-rule who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any owner or
operator authorized to operate pursuant to a permit-by-rule, who is
not exempted from this fee pursuant to Section 25404.5, within 60
days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating
under a grant of conditional authorization pursuant to Section
25200.3 shall pay a fee to the board per facility for each reporting
period, or portion thereof, unless the generator is subject to a fee
under a permit-by-rule. The fee for the 1996 reporting period shall
be one thousand two hundred thirty-six dollars ($1,236). Thereafter,
the fee shall be adjusted annually by the board to reflect increases
and decreases in the cost of living, during the prior fiscal year,
as measured by the Consumer Price Index issued by the Department of
Industrial Relations or a successor agency. A generator shall also
pay a fee in the amount of 50 percent of the fee specified in this
subdivision for each notification amendment required by subdivision
(k) of Section 25200.3. The reporting period shall begin January 1
of each calendar year. On or before January 31 of each calendar
year, the department shall notify the board of all known generators
operating pursuant to a grant of conditional authorization under
Section 25200.3 who are not exempted from this fee pursuant to
Section 25404.5. The department shall also notify the board of any
generator authorized to operate under a grant of conditional
authorization, who is not exempted from this fee pursuant to Section
25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing
treatment conditionally exempted pursuant to Section 25144.6 or
subdivision (a) or (c) of Section 25201.5 shall pay one hundred
dollars ($100) to the board per facility for the initial operating
period, or portion thereof, and fifty dollars ($50) every reporting
period thereafter, unless that generator is subject to a fee under a
permit-by-rule or a conditional authorization pursuant to Section
25200.3. The reporting period shall begin January 1 of each calendar
year. On or before January 31 of each calendar year, the department
shall notify the board of all known facilities performing treatment
conditionally exempted by Section 25144.6 or subdivision (a) or (c)
of Section 25201.5 who are not exempted from this fee pursuant to
Section 25404.5. The department shall also notify the board of any
generator who notifies the department that the generator is
conducting a conditionally exempt treatment operation, and who is not
exempted from this fee pursuant to Section 25404.5, within 60 days
of the receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
SEC. 18. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Hazardous waste transported to a household
hazardous waste collection facility shall be transported by any of
the following:
(A) The individual or CESQG who generated the waste.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.
(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste facility, operating under a contract
with a public agency to transport hazardous wastes that were disposed
of in violation of this chapter, and that are being removed by, or
are being removed under the oversight of, the public agency, if the
hazardous wastes were not originally disposed of in violation of this
chapter by that public agency.
(2) Notwithstanding Section 25218.4, a registered hazardous waste
transporter or mobile household hazardous waste collection facility
transporting hazardous waste to a household hazardous waste
collection facility shall comply with subdivisions (a) and (c) of
Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(b) An individual transporting household hazardous waste generated
by that person and a CESQG transporting hazardous waste generated by
the CESQG to a household hazardous waste collection facility shall
meet all of the following conditions:
(1) The total amount of household hazardous waste or hazardous
waste transported to a household hazardous waste collection facility
by either the person or a CESQG shall not exceed a total liquid
volume of five gallons or a total dry weight of 50 pounds. If the
hazardous waste transported is both liquid and nonliquid, the total
amount transported shall not exceed a combined weight of 50 pounds.
(2) The household hazardous waste and CESQG hazardous waste which
is transported shall be in closed containers and packed in a manner
that prevents the containers from tipping, spilling, or breaking
during transport.
(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.
(4) If the hazardous waste is an extremely hazardous waste or an
acutely hazardous waste, the total amount transported by a CESQG
shall not exceed 2.2 pounds.
(c) The total combined volume or weight of latex paint, used oil
filters, antifreeze, and small batteries transported to a
recycle-only household hazardous waste collection facility by any one
individual shall not exceed a total volume of 10 gallons or a total
dry weight of 100 pounds. Up to two spent lead-acid batteries and 20
gallons of used oil may be transported at the same time in the same
vehicle if all of the following conditions are met:
(1) Not more than 20 gallons of used oil is transported at a time.
(2) The contents of any single container does not exceed five
gallons.
(3) The volume of each individual container does not exceed five
gallons.
(d) A curbside household hazardous waste collection program shall
meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil
filters and small batteries shall be collected from a single
residence at one time.
(2) Not more than five gallons of used oil shall be collected from
a single residence at one time, and the volume of each individual
container collected shall not exceed five gallons.
(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.
(4) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(6) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(e) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall meet all
of the following conditions:
(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(3) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service is exempt from
the requirements of Section 25160 regarding the use of a manifest
when transporting
household hazardous waste collected from individual residences to an
authorized hazardous waste collection facility. In lieu of a
manifest, a receipt shall be issued for the household hazardous waste
collected from an individual residence, and a copy of the receipt
shall be retained by the public agency for a period of at least three
years.
SEC. 19. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Hazardous waste transported to a household
hazardous waste collection facility shall be transported by any of
the following:
(A) The individual or CESQG who generated the waste.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility, a
temporary household hazardous waste collection facility, or a
recycle-only household hazardous waste facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.
(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste facility, operating under a contract
with a public agency to transport hazardous wastes that were disposed
of in violation of this chapter, and that are being removed by, or
are being removed under the oversight of, the public agency, if the
hazardous wastes were not originally disposed of in violation of this
chapter by that public agency.
(2) Notwithstanding Section 25218.4, a registered hazardous waste
transporter or mobile household hazardous waste collection facility
transporting hazardous waste to a household hazardous waste
collection facility shall comply with subdivisions (a) and (c) of
Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(b) An individual transporting household hazardous waste generated
by that person and a CESQG transporting hazardous waste generated by
the CESQG to a household hazardous waste collection facility shall
meet all of the following conditions:
(1) The total amount of household hazardous waste or hazardous
waste transported to a household hazardous waste collection facility
by either the person or a CESQG shall not exceed a total liquid
volume of five gallons or a total dry weight of 50 pounds. If the
hazardous waste transported is both liquid and nonliquid, the total
amount transported shall not exceed a combined weight of 50 pounds.
(2) The household hazardous waste and CESQG hazardous waste which
is transported shall be in closed containers and packed in a manner
that prevents the containers from tipping, spilling, or breaking
during transport.
(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.
(4) If the hazardous waste is an extremely hazardous waste or an
acutely hazardous waste, the total amount transported by a CESQG
shall not exceed 2.2 pounds.
(c) The total combined volume or weight of latex paint, used oil
filters, antifreeze, and small batteries transported to a
recycle-only household hazardous waste collection facility by any one
individual shall not exceed a total volume of 10 gallons or a total
dry weight of 100 pounds. Up to two spent lead-acid batteries may be
transported at the same time and not more than 20 gallons of used
oil may be transported in the same vehicle if the volume of each
individual container does not exceed five gallons.
(d) A curbside household hazardous waste collection program shall
meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil
filters and small batteries shall be collected from a single
residence at one time.
(2) Not more than five gallons of used oil shall be collected from
a single residence at one time, and the volume of each individual
container collected shall not exceed five gallons.
(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.
(4) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(6) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(e) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall meet all
of the following conditions:
(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(3) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service is exempt from
the requirements of Section 25160 regarding the use of a manifest
when transporting household hazardous waste collected from individual
residences to an authorized hazardous waste collection facility. In
lieu of a manifest, a receipt shall be issued for the household
hazardous waste collected from an individual residence, and a copy of
the receipt shall be retained by the public agency for a period of
at least three years.
(f) Notwithstanding Section 25218.4, a mobile household hazardous
waste collection facility, a temporary household hazardous waste
collection facility, or a recycle-only household hazardous waste
collection facility that transports household hazardous waste from
the collection facility to a household hazardous waste collection
facility pursuant to subdivision (a) shall comply with subdivisions
(a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of
Section 25160.
SEC. 19.5. Section 25218.5 of the Health and Safety Code is
amended to read:
25218.5. (a) (1) Except as provided in paragraph (2), hazardous
waste transported to a household hazardous waste collection facility
shall be transported by any of the following:
(A) The individual or CESQG who generated the waste.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility, a
temporary household hazardous waste collection facility, or a
recycle-only household hazardous waste facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.
(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste facility, operating under a contract
with a public agency to transport hazardous wastes that were disposed
of in violation of this chapter, and that are being removed by, or
are being removed under the oversight of, the public agency, if the
hazardous wastes were not originally disposed of in violation of this
chapter by that public agency.
(2) Spent batteries which are received and transported pursuant to
Section 25216.1 may be transported to a household hazardous waste
collection facility from a collection location or an intermediate
collection location.
(3) Notwithstanding Section 25218.4, a registered hazardous waste
transporter or mobile household hazardous waste collection facility
transporting hazardous waste to a household hazardous waste
collection facility shall comply with subdivisions (a) and (c) of
Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(b) An individual transporting household hazardous waste generated
by that person and a CESQG transporting hazardous waste generated by
the CESQG to a household hazardous waste collection facility shall
meet all of the following conditions:
(1) (A) Except as provided in subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG shall not exceed a total liquid volume of five gallons or a
total dry weight of 50 pounds. If the hazardous waste transported is
both liquid and nonliquid, the total amount transported shall not
exceed a combined weight of 50 pounds.
(B) Subparagraph (A) does not apply to spent batteries which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
is transported shall be in closed containers and packed in a manner
that prevents the containers from tipping, spilling, or breaking
during transport.
(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.
(4) If the hazardous waste is an extremely hazardous waste or an
acutely hazardous waste, the total amount transported by a CESQG
shall not exceed 2.2 pounds.
(c) (1) Except as provided in paragraph (2), the total combined
volume or weight of latex paint, used oil filters, antifreeze, and
small batteries transported to a recycle-only household hazardous
waste collection facility by any one individual shall not exceed a
total volume of 10 gallons or a total dry weight of 100 pounds. Up
to two spent lead-acid batteries may be transported at the same time
and not more than 20 gallons of used oil may be transported in the
same vehicle if the volume of each individual container does not
exceed five gallons.
(2) Paragraph (1) does not apply to spent batteries which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(d) A curbside household hazardous waste collection program shall
meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil
filters and small batteries shall be collected from a single
residence at one time.
(2) Not more than five gallons of used oil shall be collected from
a single residence at one time, and the volume of each individual
container collected shall not exceed five gallons.
(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.
(4) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(6) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(e) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall meet all
of the following conditions:
(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(3) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service is exempt from
the requirements of Section 25160 regarding the use of a manifest
when transporting household hazardous waste collected from individual
residences to an authorized hazardous waste collection facility. In
lieu of a manifest, a receipt shall be issued for the household
hazardous waste collected from an individual residence, and a copy of
the receipt shall be retained by the public agency for a period of
at least three years.
(f) Notwithstanding Section 25218.4, a mobile household hazardous
waste collection facility, a temporary household hazardous waste
collection facility, or a recycle-only household hazardous waste
collection facility that transports household hazardous waste from
the collection facility to a household hazardous waste collection
facility pursuant to subdivision (a) shall comply with subdivisions
(a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of
Section 25160.
SEC. 20. Section 25245.4 of the Health and Safety Code is amended
to read:
25245.4. (a) (1) (A) On and before September 30, 1996, a facility
or transportable treatment unit operating pursuant to a
permit-by-rule is exempt from any standard or regulation requiring
the provision of financial assurances for the costs of closing a
treatment unit of the facility authorized under a permit-by-rule or
closing the transportable treatment unit that is adopted by the
department pursuant to paragraph (1) of subdivision (a) of Section
25245.
(B) On and after October 1, 1996, a facility or transportable
treatment unit operating pursuant to a permit-by-rule shall provide
financial assurances for the costs of closing a treatment unit of the
facility authorized under a permit-by-rule, or closing the
transportable treatment unit, as specified in the standards and
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and subdivision (d), except that a
facility operating pursuant to a permit-by-rule which operates not
more than 30 days in any calendar year is not required to provide
financial assurances for the costs of closure of such a treatment
unit pursuant to paragraph (1) of subdivision (a) of Section 25245.
(2) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is exempt from any standard or regulation
requiring the provision of financial assurances for third-party
liability that is adopted by the department pursuant to paragraph (1)
of subdivision (a) of Section 25245.
(3) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is not required to provide financial assurances
for postclosure maintenance pursuant to paragraph (2) of subdivision
(a) of Section 25245, unless the department determines, pursuant to
the regulations adopted by the department, that the facility is
required to obtain a postclosure permit.
(b) (1) (A) On and before September 30, 1996, a conditionally
authorized generator who treats waste pursuant to Section 25200.3 is
exempt from any standard or regulation requiring the provision of
financial assurance for the costs of closing the conditionally
authorized units that is adopted by the department pursuant to
paragraph (1) of subdivision (a) of Section 25245.
(B) On and after October 1, 1996, a conditionally authorized
generator who treats waste pursuant to Section 25200.3 shall provide
financial assurances for the costs of closing the conditionally
authorized units, as specified in the standards and regulations
adopted by the department pursuant to paragraph (1) of subdivision
(a) of Section 25245and subdivision (d).
(2) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3 shall not be required to
provide financial assurances for third-party liability damages
pursuant to paragraph (1) of subdivision (a) of Section 25245.
(3) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3, shall not be required to
provide financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department that the generator is required to obtain a postclosure
permit.
(c) Notwithstanding any other provision of law, a person who
treats waste pursuant to a grant of conditional exemption under this
chapter is exempt, for those activities, from any standards or
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and is not required to provide
financial assurances for the costs of closing the treatment units or
for damage claims arising out of the operations of the unit pursuant
to paragraph (1) of subdivision (a) of Section 25245, or to provide
financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department, that the person is required to obtain a postclosure
permit.
(d) (1) On or before February 1, 1996, the department shall adopt
regulations to implement subparagraph (B) of paragraph (1) of
subdivision (a) and subparagraph (B) of paragraph (1) of subdivision
(b).
(2) The regulations adopted pursuant to this subdivision may 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.
(3) The adoption of regulations pursuant to this subdivision 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.
SEC. 21. Section 25245.5 of the Health and Safety Code is
repealed.
SEC. 22. Section 25246 of the Health and Safety Code is amended to
read:
25246. (a) Each owner or operator of a hazardous waste facility
shall submit hazardous waste facility closure and postclosure plans
to the department and to the California regional water quality
control board for the region in which the facility is located. The
plans shall contain the owner's or operator's estimate of the cost of
closure and subsequent maintenance, shall conform to the regulations
adopted by the department and shall comply with applicable state
laws relating to water quality protection and monitoring.
(b) The plans specified in subdivision (a) shall be submitted to
the department with the application for a hazardous waste facilities
permit or when otherwise requested by the department. The plans
shall be submitted to the California regional water quality control
board with a report of waste discharge submitted in accordance with
Section 13260 of the Water Code. An owner or operator who has
submitted a request for, or received a hazardous waste facilities
permit prior to, the adoption of the standards and regulations
pursuant to Section 25245 shall submit the plans within 180 days
after the department issues a written request for the plans. Prior
to actual closure of the facility, the plans shall be updated if
requested by the department. However, no owner or operator shall be
required to revise or amend a closure plan after the department
notifies the owner or operator in writing that the closure of the
facility has been completed in accordance with the approved closure
plan.
(c) An owner or operator who has not submitted facility closure
and postclosure plans shall submit the plans at least 180 days prior
to closure of the hazardous waste facility.
(d) This section does not apply to any person operating under a
permit-by-rule, a conditional authorization, or a conditional
exemption, pursuant to this chapter or the regulations adopted by the
department.
SEC. 23. Section 25250.1 of the Health and Safety Code is amended
to read:
25250.1. (a) As used in this article, the following terms have
the following meaning:
(1) (A) "Used oil" means any oil that has been refined from crude
oil, or any synthetic oil, that has been used, and, as a result of
use or as a consequence of extended storage, or spillage, has been
contaminated with physical or chemical impurities. Examples of used
oil are spent lubricating fluids which have been removed from an
engine crankcase, transmission, gearbox, or differential of an
automobile, bus, truck, vessel, plane, heavy equipment, or machinery
powered by an internal combustion engine; industrial oils, including
compressor, turbine, and bearing oil; hydraulic oil; metal-working
oil; refrigeration oil; and railroad drainings.
(B) "Used oil" does not include any of the following:
(i) Oil which has a flashpoint below 100 degrees Fahrenheit or
which has been mixed with hazardous waste, other than minimal amounts
of vehicle fuel.
(ii) Wastewater, the discharge of which is subject to regulation
under either Section 307(b) or 402 of the Clean Water Act, including
wastewaters at facilities which have eliminated the discharge of
wastewater, contaminated with de minimis quantities of used oil. For
purposes of this subparagraph, "de minimis quantities of used oil"
are small spills, leaks, or drippings from pumps, machinery, pipes,
and other similar equipment during normal operations, or small
amounts of oil lost to the wastewater treatment system during washing
or draining operations. This exception shall not apply if the used
oil is discarded as a result of abnormal manufacturing operations
resulting in substantial leaks, spills, or other releases or to used
oil recovered from wastewaters.
(iii) Used oil rerefining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(iv) Oil which contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
(v) (I) Oil containing more than 1000 ppm total halogens.
(II) The oil specified in subclause (I) shall be presumed to be a
hazardous waste because it has been mixed with halogenated hazardous
waste listed in Subpart D (commencing with Section 261.30) of Part
261 of Title 40 of the Code of Federal Regulations.
(III) A person may rebut the presumption specified in subclause
(II) by demonstrating that the used oil does not contain hazardous
waste, including, but not limited to, in the manner specified in
subclause (IV).
(IV) The presumption specified in subclause (II) is rebutted if
the used oil does not contain more than 3000 ppm halogens, and the
oil is either household waste, as defined in Section 261.4(b)(1) of
Title 40 of the Code of Federal Regualtions, or is collected from
conditionally exempt small quantity generators, as defined in Section
261.5 of Title 40 of the Code of Federal Regulations.
(2) "Board" means the California Integrated Waste Management
Board.
(3) (A) "Recycled oil" means any oil, produced from used oil,
which has been prepared for reuse and which achieves minimum
standards of purity, in liquid form, as established by the
department. This subdivision does not apply to oil which is to be
disposed or used in a manner constituting disposal. The following
standards of purity are in effect for recycled oil unless the
department, by regulation, establishes more stringent standards, and
are the only allowed exceptions to the criteria adopted pursuant to
Section 25141:
(i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
(ii) Total lead: 50 mg/kg or less.
(iii) Total arsenic: 5 mg/kg or less.
(iv) Total chromium: 10 mg/kg or less.
(v) Total cadmium: 2 mg/kg or less.
(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Title 40 of the Code of Federal Regulations.
(vii) Total polychlorinated biphenyls (PCBs): 2 mg/kg or less.
(B) Compliance with the specifications of subparagraph (A) shall
not be met by blending or diluting used oil with crude or virgin oil
and shall be determined in accordance with the procedures for
identification and listing of hazardous waste adopted in regulations
by the department. Persons authorized by the department to recycle
oil shall maintain records of volumes and characteristics of incoming
used oil and outgoing recycled oil and documentation concerning the
recycling technology utilized to demonstrate to the satisfaction of
the department or other enforcement agencies that the recycling has
been achieved in compliance with this subdivision.
(4) "Used oil recycling facility" means a facility which
reprocesses or rerefines used oil.
(5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, which stores used oil.
(6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that either stores
used oil for periods greater than six days, or greater than 10 days
for transfer facilities in areas zoned industrial by the local
planning agency, or that transfers used oil from one container to
another.
(b) (1) Unless otherwise specified, used oil which meets all of
the following conditions is not subject to regulation by the
department:
(A) The used oil meets the standards set forth in paragraph (3) of
subdivision (a).
(B) The used oil is not hazardous pursuant to the criteria adopted
pursuant to Section 25141 for constituents other than those listed
in paragraph (3) of subdivision (a).
(C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Chapter 1 of
Title 40 of the Code of Federal Regulations.
(2) Used oil recycling facilities that are the first to claim that
the used oil meets the requirements specified in paragraph (1) shall
maintain an operating log and copies of certification forms as
specified in Section 25250.19. Any person who generates used oil,
and who claims that the oil is exempt from regulation pursuant to
this subdivision, shall notify the department, in writing, of that
claim and shall comply with the testing and recordkeeping
requirements of Section 25250.19 prior to its reuse. In any action
to enforce this article, the burden is on the generator, transporter,
or recycling facility,
whichever first claimed that the used oil meets the standards and
criteria, and on the user of the used oil to prove that the oil
meets those standards and criteria.
SEC. 24. Section 19 of this bill incorporates amendments to
Section 25218.5 of the Health and Safety Code proposed by both this
bill and SB 364. It shall only become operative if (1) both bills
are enacted and become effective on January 1, 1996, (2) each bill
amends Section 25218.5 of the Health and Safety Code, and (3) this
bill is enacted after SB 64, in which case Section 18 of this bill
shall not become operative.
SEC. 25. (a) Section 2.5 of this bill incorporates amendments to
Section 25123.3 of the Health and Safety Code proposed by this bill
and AB 1060, AB 1245, and SB 1135 and makes additional changes not
proposed by any of those bills. It shall only become operative if
(1) all four bills are enacted and become effective on January 1,
1996, (2) each bill amends Section 25123.3 of the Health and Safety
Code, and (3) this bill is enacted after AB 1060, AB 1245, and SB
1135, in which case Section 2 of this bill shall not become
operative.
(b) Section 3.5 of this bill incorporates amendments to Section
25143 of the Health and Safety Code proposed by both this bill and SB
1135. It shall only become operative if (1) both bills are enacted
and become effective on January 1, 1996, (2) each bill amends Section
25143 of the Health and Safety Code, and (3) this bill is enacted
after SB 1135, in which case Section 3 of this bill shall not become
operative.
(c) Section 6.5 of this bill incorporates amendments to Section
25200.3 of the Health and Safety Code proposed by this bill and AB
1966, SB 1135, SB 1191, and SB 1222. It shall only become operative
if (1) all five bills are enacted and become effective on January 1,
1996, (2) each bill amends Section 25200.3 of the Health and Safety
Code, and (3) this bill is enacted after AB 1966, SB 1135, SB 1191,
and SB 1222, in which case Section 6 of this bill shall not become
operative.
(d) Section 8.5 of this bill incorporates amendments to Section
25200.10 of the Health and Safety Code proposed by both this bill and
SB 1191. It shall only become operative if (1) both bills are
enacted and become effective on January 1, 1996, (2) each bill amends
Section 25200.10 of the Health and Safety Code, and (3) this bill is
enacted after SB 1191, in which case Section 8 of this bill shall
not become operative.
(e) Section 12.5 of this bill incorporates amendments to Section
25201.5 of the Health and Safety Code proposed by this bill and SB
1135 and SB 1191. It shall only become operative if (1) all three
bills are enacted and become effective on January 1, 1996, (2) each
bill amends Section 25201.5 of the Health and Safety Code, and (3)
this bill is enacted after SB 1135 and SB 1191, in which case Section
12 of this bill shall not become operative.
(f) Section 16.5 of this bill incorporates amendments to Section
25205.7 of the Health and Safety Code proposed by this bill and AB
1245, AB 1964, and SB 1222 and additional conforming changes. It
shall only become operative if (1) all four bills are enacted and
become effective on January 1, 1996, (2) each bill amends Section
25205.7 of the Health and Safety Code, and (3) this bill is enacted
after AB 1245, AB 1964, and SB 1222, in which case Section 16 of this
bill shall not become operative.
(g) Section 17.5 of this bill incorporates amendments to Section
25205.14 of the Health and Safety Code proposed by this bill and AB
1964 and SB 1191. It shall only become operative if (1) all three
bills are enacted and become effective on January 1, 1996, (2) each
bill amends Section 25205.14 of the Health and Safety Code, and (3)
this bill is enacted after AB 1964 and SB 1191, in which case Section
17 of this bill shall not become operative.
(h) It is the intent of the Legislature that, to avoid the effect
of this act conflicting with other bills which propose to amend the
same sections amended by this act, this act shall be enacted after AB
1060, AB 1245, AB 1964, AB 1966, SB 219, SB 289, SB 364, SB 1135, SB
1191, and SB 1222.
(i) Section 19.5 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by this bill and SB
219 and SB 364. It shall only become operative if (1) all three bills
are enacted and become effective on January 1, 1996, (2) each bill
amends Section 25218.5 of the Health and Safety Code, and (3) this
bill is enacted after SB 219 and SB 364, in which case Sections 18
and 19.5 of this bill shall not become operative.
(j) Section 23 of this bill incorporates amendments to Section
25250.1 of the Health and Safety Code proposed by AB 1245, AB 1964
and SB 289. It shall only become operative if (1) all three bills are
enacted and become effective on January 1, 1996, (2) each bill
amends Section 25250.1 of the Health and Safety Code, and (3) this
bill is enacted after AB 1245, AB 1964 and SB 289.
SEC. 26. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.