{"code":"HSC","codeName":"Health and Safety Code","section":"25201.3","citation":"Health & Saf. Code, § 25201.3","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000. - 28002.]","url":"https://blackletter.si/health-and-safety-code/division-20"},{"name":"CHAPTER 6.5. Hazardous Waste Control [25100. - 25259.]","url":"https://blackletter.si/health-and-safety-code/division-20/chapter-6.5"},{"name":"ARTICLE 9. Permitting of Facilities [25200. - 25205.]","url":"https://blackletter.si/health-and-safety-code/division-20/chapter-6.5/article-9"}],"history":"Amended by Stats. 1995, Ch. 639, Sec. 40.   Effective January 1, 1996.","effective":"1996-01-01","html":"<p>(a) A local agency shall not deem any of the following generators performing any of the following treatment activities to be a hazardous waste treatment facility for purposes of making a land use decision, and the department shall not require any of the following generators or facilities performing any of the following treatment activities to publish a notice regarding those activities: </p><p>(1) A facility operating pursuant to a permit-by-rule. </p><p>(2) A generator granted conditional authorization pursuant to this chapter for specified treatment activities. </p><p>(3) A generator performing conditionally exempt treatment pursuant to this chapter. </p><p>(b) For purposes of this section, “land use decision” means a discretionary decision of a local agency concerning a hazardous waste facility project, as defined in subdivision (b) of Section <a href=\"/hsc/25199.1\">25199.1</a>, including the issuance of a land use permit or conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code, and any local agency decision concerning a hazardous waste facility which is in existence and the enforcement of those decisions. This section does not limit or restrict the existing authority of a local agency to impose conditions on, or otherwise regulate, facilities, transportable treatment units or generators operating pursuant to a permit-by-rule, or a conditional authorization or conditional exemption pursuant to this chapter. </p>","text":"(a) A local agency shall not deem any of the following generators performing any of the following treatment activities to be a hazardous waste treatment facility for purposes of making a land use decision, and the department shall not require any of the following generators or facilities performing any of the following treatment activities to publish a notice regarding those activities: (1) A facility operating pursuant to a permit-by-rule. (2) A generator granted conditional authorization pursuant to this chapter for specified treatment activities. (3) A generator performing conditionally exempt treatment pursuant to this chapter. (b) For purposes of this section, “land use decision” means a discretionary decision of a local agency concerning a hazardous waste facility project, as defined in subdivision (b) of Section 25199.1, including the issuance of a land use permit or conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code, and any local agency decision concerning a hazardous waste facility which is in existence and the enforcement of those decisions. This section does not limit or restrict the existing authority of a local agency to impose conditions on, or otherwise regulate, facilities, transportable treatment units or generators operating pursuant to a permit-by-rule, or a conditional authorization or conditional exemption pursuant to this chapter.","otherVersions":[],"url":"https://blackletter.si/health-and-safety-code/permitting-of-facilities-25201-3","source":"California Legislative Information bulk export (pubinfo)"}