CHAPTER 6.5. Hazardous Waste Control [25100. - 25259.]
Chapter 6.5 added by Stats. 1972, Ch. 1236.
§§ 25100–25259 · 692 sections
ARTICLE 1. Findings and Declarations §§ 25100–25106 · 5 sections
- § 25100 The Legislature finds that: (a) Increasing quantities of hazardous wastes are being generated in the state, for which the generators of the hazardous waste…
- § 25101 The Legislature therefore declares that: (a) In order to protect the public health and the environment and to conserve natural resources, it is in the public…
- § 25103 The Legislature has found that access by the people of this state to public records is a fundamental and necessary right. The Legislature finds that it is…
- § 25105 No provision of this chapter shall limit the authority of any state or local agency in the enforcement or administration of any provision of law which it is…
- § 25106 Except as expressly provided by statute, this chapter does not supersede or modify Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title…
ARTICLE 2. Definitions §§ 25110–25124 · 62 sections
- § 25110 Unless expressly incorporated by reference by another statute, the definitions in this article govern only the construction of this chapter. Until terms used…
- § 25110.02 “Acutely hazardous waste” means any hazardous waste classified as an acutely hazardous waste in regulations adopted by the department.
- § 25110.1 “Applicant” means any person seeking an original hazardous waste facilities permit, or an original hazardous waste hauler’s registration from the department to…
- § 25110.2 “Authorized local health officer” means a local health officer authorized by the department pursuant to Section 25187.7.
- § 25110.3 “Board” means the Board of Environmental Safety established pursuant to Section 25125.
- § 25110.4 “Buffer zone” means an area of land that surrounds a hazardous waste facility and on which certain land uses and activities are restricted to protect the…
- § 25110.5 “Business” means the conduct of activity and is not limited to a commercial or proprietary activity.
- § 25110.8 “Business concern” means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization.
- § 25110.8.5 “Class I violation” means any of the following: (a) A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or…
- § 25110.9 (a) “Conditionally exempt small quantity treatment” means the operations of a generator conditionally exempted pursuant to subdivision (a) of Section 25201.5.…
- § 25110.9.1 (a) “Conditional authorization” means a provision of this chapter, including, but not limited to, Section 25200.3, which provides that a person or activity is…
- § 25110.9.3 For purposes of this chapter, “consolidated manifest” means a hazardous waste manifest used by a milk run transporter to combine hazardous waste shipments from…
- § 25110.10 (a) “Consolidation site” means a site to which hazardous waste initially collected at a remote site, as defined in Section 25121.3, is transported. (b)…
- § 25110.10.1 For purposes of this chapter, “consolidated transporter” means a hazardous waste transporter registered pursuant to Section 25165 and the regulations adopted…
- § 25110.11 (a) “Contained gaseous material,” for purposes of subdivision (a) of Section 25124 or any other provision of this chapter, means any gas that is contained in…
- § 25111 “Department” means the Department of Toxic Substances Control.
- § 25111.1 “Designated local public officer” means a local public officer designated by the director pursuant to subdivision (a) of Section 25180.
- § 25112 “Director” means the Director of Toxic Substances Control.
- § 25112.5 (a) “Disclosure statement” means a statement submitted to the department by an applicant, signed by the applicant under penalty of perjury, which includes all…
- § 25113 (a) “Disposal” means either of the following: (1) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste so that the waste or…
- § 25114 “Disposal site” means the location where any final deposition of hazardous waste occurs.
- § 25114.5 “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. Notwithstanding…
- § 25115 “Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death,…
- § 25115.1 “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
- § 25116 “Handling” means the transporting or transferring from one place to another, or pumping, processing, storing, or packaging of hazardous waste, but does not…
- § 25116.5 (a) “Intermediate manufacturing process stream” means a material, or combination of materials, that meets all of the following conditions: (1) It is produced…
- § 25117 (a) Except as provided in subdivision (d), “hazardous waste” means a waste that meets any of the criteria for the identification of a hazardous waste adopted…
- § 25117.1 “Hazardous waste facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer,…
- § 25117.2 “Hazardous waste management” or “management” means the transportation, transfer, recycling, recovery, disposal, handling, processing, storage, and treatment of…
- § 25117.4.1 (a) “Local health officer” means county health officers, city health officers, and district health officers, as defined in this code. (b) “Local officer” means…
- § 25117.5 (a) Waste that is hazardous only because it is medical waste, as defined in the Medical Waste Management Act (Part 14 (commencing with Section 117600) of…
- § 25117.6 (a) “Minor violation” means a deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document…
- § 25117.8 “Natural resources” includes, but is not limited to, disposal site capacity and substances which are hazardous waste, or which are in hazardous waste, the…
- § 25117.9 “Non-RCRA hazardous waste” means all hazardous waste regulated in the state, other than RCRA hazardous waste, as defined in Section 25120.2. A hazardous waste…
- § 25117.9.1 “Notice to comply” means a written method of alleging a minor violation which is in compliance with all of the following requirements: (a) The notice to comply…
- § 25117.10 “License” includes, but is not limited to any, permit, registration, or certification issued by any local, state, or federal agency for the generation,…
- § 25117.11 “Offsite facility” means a hazardous waste facility that is not an onsite facility.
- § 25117.12 “Onsite facility” means a hazardous waste facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of, the…
- § 25117.13 “Land use restriction” means any limitation regarding the uses of property which may be provided by, but is not limited to, a written instrument which imposes…
- § 25117.14 “Permit-by-rule” means a provision of the regulations adopted pursuant to this chapter stating that a facility or activity is deemed to have a hazardous waste…
- § 25118 “Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation,…
- § 25119 “Processing” means treatment, as defined in Section 25123.5.
- § 25120 “Producer” means any person who generates a waste material.
- § 25120.2 “RCRA hazardous waste” means all waste identified as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of…
- § 25120.5 “Recyclable material” means a hazardous waste that is capable of being recycled, including, but not limited to, any of the following: (a) A residue. (b) A…
- § 25120.55 (a) Used or spent etchants, stripping solutions, and plating solutions are spent, contaminated, or used material for purposes of this chapter. (b) Used or…
- § 25121 (a) “Recycled material” means a recyclable material which has been used or reused, or reclaimed. (b) “Recycled material” does not include an intermediate…
- § 25121.1 (a) “Recycling” means using, reusing, or reclaiming a recyclable material. (b) Notwithstanding subdivision (a), for purposes of the fees, taxes, and charges…
- § 25121.2 “Release” has the same definition as in Section 78105.
- § 25121.3 (a) “Remote site” means a site operated by the generator where hazardous waste is initially collected, at which generator staff, other than security staff, is…
- § 25121.5 (a) “Retrograde material” means any hazardous material which is not to be used, sold, or distributed for use in an originally intended or prescribed manner or…
- § 25122.7 “Restricted hazardous waste” includes both of the following: (a) Any hazardous waste subject to land disposal restrictions pursuant to Section 25179.6 and the…
- § 25122.8 “State operational costs” means the costs to the state of overseeing removal and remedial action, as defined in Sections 78125 and 78135, to releases of…
- § 25122.9 “Secretary” means the Secretary for Environmental Protection.
- § 25123 “Storage” means the holding of hazardous wastes, for a temporary period.
- § 25123.3 (a) For purposes of this section, the following terms have the following meanings: (1) “Liquid hazardous waste” means a hazardous waste that meets the…
- § 25123.4 “Transportable hazardous waste treatment unit” or “transportable treatment unit” means mobile equipment which performs treatment, is transported onto a…
- § 25123.5 (a) Except as provided in subdivisions (b) and (c), “treatment” means any method, technique, or process which is not otherwise excluded from the definition of…
- § 25123.6 “Volatile organic compound” means a compound which is a volatile organic compound according to Method No. 8240 in the Environmental Protection Agency Document…
- § 25123.7 (a) “Unified Program Facility” means all contiguous land and structures, other appurtenances, and improvements on the land which are subject to the…
- § 25123.8 “Universal waste” means a hazardous waste identified as a universal waste in Section 66273.9 of Title 22 of the California Code of Regulations, or as that…
- § 25124 (a) Except as provided in subdivision (c), “waste” means any solid, liquid, semisolid, or contained gaseous discarded material that is not excluded by this…
ARTICLE 2.1. Board of Environmental Safety §§ 25125–25125.9 · 8 sections
- § 25125 (a) The Board of Environmental Safety is hereby established in the department consisting of five voting members as follows: (1) Three members shall be…
- § 25125.2 (a) Beginning January 1, 2022, the board shall conduct no fewer than six public meetings per year, at least three of which shall be held outside the greater…
- § 25125.3 The board may form advisory subcommittees of its membership to work on any topic within the board’s jurisdiction, including, but not limited to, environmental…
- § 25125.4 (a) The board shall have the authority to adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section…
- § 25125.6 The director, or a designee, shall present and respond to the board, if requested by the board, on any issue or item brought forward by a member of the public,…
- § 25125.7 The board shall annually prepare and transmit to the Secretary for Environmental Protection an annual review of the department’s performance as compared to its…
- § 25125.8 (a) There is established within the board an office of the ombudsperson. The board shall appoint an ombudsperson who shall serve full time at the pleasure of…
- § 25125.9 The director and the chairperson of the board shall, when requested, but no less than annually, appear before the appropriate policy committees in the Assembly…
ARTICLE 3. Hazardous Waste Resource and Research Coordination Program §§ 25130–25132 · 3 sections
- § 25130 The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components: (a) A data base…
- § 25131 (a) The department shall assemble a bibliographic cross-referenced data base containing all of the following information on known hazardous waste research…
- § 25132 (a) The department shall establish and maintain a pool of research consultants expert in the field of hazardous waste management. The department may consult…
ARTICLE 3.5. Hazardous Waste Management Plans § 25135 · 1 section
- § 25135 (a) The department shall, by March 1, 2025, and every three years thereafter, prepare a state hazardous waste management plan and present it to the board for…
ARTICLE 4. Listings §§ 25140–25145.4 · 31 sections
- § 25140 The department shall prepare, adopt and may revise when appropriate, a listing of the wastes which are determined to be hazardous, and a listing of the wastes…
- § 25141 (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. (b)…
- § 25141.1 (a) Subject to an appropriation by the Legislature in the Budget Act of 2022 that implements a proposal to review the department’s hazardous waste criteria,…
- § 25141.2 (a) (1) Except as provided in paragraph (2), the department shall not publish a notice of a proposal to adopt, amend, or repeal regulations pursuant to the…
- § 25141.5 (a) When classifying a waste as hazardous pursuant to the criteria in paragraph (8) of subdivision (a) of Section 66261.24 of Title 22 of the California Code…
- § 25141.5.1 (a) For purposes of this section, the following definitions apply: (1) “Cannabis waste” has the same meaning as defined in Section 15000 of Title 4 of the…
- § 25141.6 In any case where the department proposes to make a determination that a waste meets one or more of the criteria and guidelines for the identification of…
- § 25142 Any waste which conforms to a criterion adopted pursuant to Section 25141 shall be managed in accordance with permits, orders, and regulations issued or…
- § 25142.5 The department shall develop and implement a comprehensive training, education, and enforcement program for generators, transporters, and facility operators,…
- § 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…
- § 25143.1 (a) Geothermal waste resulting from drilling for geothermal resources is exempt from the requirements of this chapter because the disposal of these geothermal…
- § 25143.1.5 (a) For purposes of this section, “wood waste” includes poles, crossarms, pilings, fence posts, lumber, support timbers, flume lumber, and cooling tower…
- § 25143.2 (a) Recyclable materials are subject to this chapter and the regulations adopted by the department to implement this chapter that apply to hazardous wastes,…
- § 25143.2.5 (a) For purposes of this section, the following definitions apply: (1) “Cathode ray tube” or “CRT” means a vacuum tube or picture tube used to convert an…
- § 25143.3 The Environmental Protection Agency regulations regarding spent sulfuric acid as set forth in Section 261.4(a)(7) of Title 40 of the Code of Federal…
- § 25143.4 (a) The department shall adopt regulations pursuant to this section, which authorize the reuse of pulping liquors that are reclaimed in a pulping liquor…
- § 25143.5 (a) Except as provided in subdivisions (d), (e) and (f), the department shall classify as nonhazardous waste any fly ash, bottom ash, and flue gas emission…
- § 25143.6 (a) Spent brine solutions that are byproducts from the treatment of groundwater to meet California drinking water standards are exempt from the requirements of…
- § 25143.7 Waste containing asbestos may be disposed of at any landfill which has waste discharge requirements issued by the regional water quality control board which…
- § 25143.8 (a) For purposes of this section, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust. (b) The test specified in the regulations…
- § 25143.9 A recyclable material shall not be excluded from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless all of the following…
- § 25143.10 (a) Except as provided in subdivision (h), any person who generates more than 100 kilograms of a material in any month under a claim that the material…
- § 25143.11 (a) The department shall, on or before January 1, 1997, to the extent that it is consistent with the federal act and the protection of the public health,…
- § 25143.12 Notwithstanding any other provision of law, debris that is contaminated only with crude oil or any of its fractions is exempt from regulation under this…
- § 25143.13 (a) Notwithstanding any other provision of law, except as provided in subdivision (c), wastes containing silver or silver compounds that are RCRA hazardous…
- § 25143.14 (a) Except as otherwise provided in subdivisions (c) and (d), residues that are removed from equipment for the purpose of cleaning the equipment for continued…
- § 25144 (a) For purposes of this section, the following terms have the following meaning: (1) “Oil” means crude oil, or any fraction thereof, that is liquid at 60…
- § 25144.6 (a) As used in this section, “reusable soiled textile materials” means textile items, including, but not limited to, shop towels, uniforms, gloves, and linens…
- § 25144.7 Notwithstanding this chapter, including, but not limited to, Section 25123.5, and any regulations adopted pursuant to this chapter, the draining of used fuel…
- § 25145 (a) This chapter shall not be construed to limit or abridge the powers or duties granted to the State Water Resources Control Board and each regional water…
- § 25145.4 No provision of this chapter, or any ruling of the department or director, shall be construed to limit or abridge the power of the Attorney General, at the…
ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities §§ 25146–25149.7 · 11 sections
- § 25146 The Legislature finds and declares that the number of hazardous waste disposal facilities is decreasing in the face of increasing demand, and that under…
- § 25146.5 The Legislature further finds and declares that: (a) It is a matter of urgent public necessity and statewide concern that the number of existing hazardous…
- § 25147 Except as expressly provided in Section 25149, it is not the intent of this article to preempt local land use regulation of existing hazardous waste facilities.
- § 25147.5 The definitions contained in this article shall govern the construction of only this article.
- § 25148 (a) Except as otherwise provided in subdivision (b), “existing hazardous waste facility” means a Class I disposal site, as defined in Section 2510 of Title 23…
- § 25148.5 “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial…
- § 25149 (a) Notwithstanding any other provision of law, except as provided in Section 25149.5 or 25181 of this code or Section 731 of the Code of Civil Procedure, no…
- § 25149.1 (a) No city, county, or city and county, whether general law or chartered, which has issued a conditional use permit for a hazardous waste facility shall…
- § 25149.5 (a) A general law city or county may impose and enforce, for revenue purposes, a license tax on the operation of an existing hazardous waste facility; provided…
- § 25149.6 A city, county, or city and county in which an existing hazardous waste facility is located may at any time recommend to the director any new or additional…
- § 25149.7 No provision of this article, or any ruling by the department or director, shall be construed as a limitation on the right of any person to maintain a civil…
ARTICLE 5. Standards §§ 25150–25158.1 · 24 sections
- § 25150 (a) The department shall adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the…
- § 25150.1 The requirements in Sections 25290.1, 25290.2, 25291, and 25292 apply to the construction, operation, maintenance, monitoring, and testing of underground…
- § 25150.2 (a) The department shall adopt regulations, consistent with federal law, concerning the transportation of hazardous waste from this state across international…
- § 25150.3 The department shall adopt emergency regulations pursuant to Section 11346.1 of the Government Code which ensure protection for the public and the environment…
- § 25150.4 Not later than July 1, 1994, the administrator for oil spill response in the Department of Fish and Game and the Director of Toxic Substances Control shall…
- § 25150.5 On or before July 1, 1995, the department shall revise any standard or regulation it has adopted that requires the preparation of a contingency plan, as that…
- § 25150.65 Any regulation that was adopted prior to January 1, 2008, pursuant to former Section 25150.6, exempting a hazardous waste management activity from one or more…
- § 25150.82 (a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the operation of metal shredding…
- § 25150.84 (a) The department shall collect an annual fee from all metal shredding facilities that are subject to the requirements of this chapter or to the alternative…
- § 25150.86 Treated metal shredder waste that is managed in accordance with the alternative management standards adopted by the department pursuant to Section 25180.82 and…
- § 25150.87 (a) (1) The department shall require metal shredding facilities to do both of the following: (A) Monitor hazardous waste constituents requested by the…
- § 25151 The department may adopt varying regulations pursuant to Section 25150, other than building standards for different areas of the state depending on population…
- § 25152 Before adopting building standards or adopting or revising other standards and regulations for the handling, processing, storing, use, recycling, and disposal…
- § 25152.5 (a) For purposes of this section, the following definitions apply: (1) “Unusual circumstances” means only the following: (A) The need to search for and collect…
- § 25153 The offsite storage, treatment, transportation, and disposal of extremely hazardous waste is subject to the same requirements specified in this chapter that…
- § 25153.6 (a) Any person generating or managing a RCRA hazardous waste shall comply with subsection (a) of Section 3010 of the Resource Conservation and Recovery Act of…
- § 25154 It shall be unlawful for any person to manage any hazardous waste except as provided for in this chapter or regulations adopted by the department pursuant to…
- § 25155 No extremely hazardous waste may be disposed of without prior processing to remove its harmful properties or as specified by the regulations of the department…
- § 25155.8 (a) The operator of a landfill, land farm, or surface impoundment, which is used for disposing or treating hazardous waste which contains volatile organic…
- § 25155.10 (a) The owner or operator of every commercial offsite multiuser hazardous waste disposal facility shall develop a proposed monitoring plan, in writing, for the…
- § 25156 The department shall develop and adopt regulations and standards to implement Article 11 (commencing with Section 25220), including, but not limited to,…
- § 25157 Regulations adopted pursuant to this chapter may require the treatment of extremely hazardous waste at the site of production prior to any transportation, if…
- § 25158 (a) Except as provided in subdivision (f), any person generating hazardous waste, or owning or operating a facility for the treatment, storage, or disposal of…
- § 25158.1 (a) When making the quantity determinations for purposes of Section 66262.34 of Title 22 of Division 4.5 of the California Code of Regulations, as it may be…
ARTICLE 5.5. Coordination with Federal Acts §§ 25159–25159.9 · 7 sections
- § 25159 The department shall adopt and revise when necessary regulations that will allow the state to receive and maintain authorization to administer a state…
- § 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…
- § 25159.5 (a) In adopting or revising standards and regulations pursuant to this chapter, the department shall, insofar as practicable, make the standards and…
- § 25159.6 Until the department adopts standards and regulations corresponding to, and equivalent to, or more stringent or extensive than, regulations adopted by the…
- § 25159.7 The department is authorized to carry out all hazardous waste management responsibilities imposed or authorized by the federal act, and the Comprehensive…
- § 25159.8 Nothing in this chapter shall be construed as prohibiting the furnishing of trade secret information to the Environmental Protection Agency to the extent…
- § 25159.9 Notwithstanding any other provision of law, the department may make available to the Environmental Protection Agency, or any other federal agency, any and all…
ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 §§ 25159.10–25159.25 · 14 sections
- § 25159.10 The Legislature hereby finds and declares all of the following: (a) Specific state laws and regulations have been enacted to prevent leaks and hazardous waste…
- § 25159.11 This article shall be known and may be cited as the Toxic Injection Well Control Act of 1985.
- § 25159.12 For purposes of this article, the following definitions apply: (a) “Annulus” means the space between the outside edge of the injection tube and the well…
- § 25159.15 (a) Notwithstanding any other provision of law, on or after January 1, 1986, a person shall not discharge hazardous waste into an injection well which…
- § 25159.16 (a) If the department or regional board determines that there is migration of hazardous waste constituents, or a threat of migration of hazardous waste…
- § 25159.17 (a) The department shall make an inspection at least once each year of all facilities with injection wells into which hazardous waste is discharged. The owner…
- § 25159.18 Any person who applies to the department for a hazardous waste facilities permit, or for the renewal or revision of a hazardous waste facilities permit, for…
- § 25159.19 (a) On or before July 1, 1986, the department shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging any…
- § 25159.20 (a) The department shall specify, for purposes of paragraph (4) of Section 25200.6, the horizontal and vertical extent of any injection zone for an injection…
- § 25159.21 (a) The state board, a regional board, or the department may enter and inspect a facility for determining compliance with this article, including, for this…
- § 25159.22 This article shall not be construed to limit or abridge the powers and duties granted to the department pursuant to this chapter or pursuant to Part 2…
- § 25159.23 The State Oil and Gas Supervisor shall promptly report to the department and the state board any injection well regulated by the Division of Oil and Gas…
- § 25159.24 (a) Any injection well used to inject contaminated groundwater that has been treated and is being reinjected into the same formation from which it was drawn…
- § 25159.25 Any action taken by the department pursuant to this article shall comply with and incorporate any waste discharge requirements issued by the state board or a…
ARTICLE 6. Transportation §§ 25160–25166.5 · 16 sections
- § 25160 (a) For purposes of this chapter, the following definitions apply: (1) “Manifest” means a shipping document originated and signed by a generator of hazardous…
- § 25160.01 (a) Electronic manifests that are obtained, completed, and transmitted in accordance with paragraph (3) of subdivision (a) of Section 262.20 of Title 40 of the…
- § 25160.1 (a) The department shall revise the hazardous waste code identification system established in Appendix XII of Chapter 11 (commencing with Section 66261.1) of…
- § 25160.2 (a) In lieu of the procedures prescribed by Sections 25160 and 25161, transporters and generators of hazardous waste meeting the conditions in this section may…
- § 25160.5 (a) If a generator submits an incomplete or improperly completed copy of a paper manifest to the department, and the department returns the generator copy of…
- § 25160.7 An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to…
- § 25160.8 (a) For purposes of this section, the following definitions shall apply: (1) “Door-to-door household hazardous waste collection program” or “household…
- § 25161 (a) The department may adopt and enforce those regulations, regarding a uniform program for hazardous waste transportation, that are necessary and appropriate…
- § 25162 (a) A person shall not transport hazardous waste on the highways of this state, or deliver to a railroad or vessel hazardous waste for transport if the final…
- § 25162.1 A recyclable material that is to be exported to a foreign country is not excluded from classification as a waste pursuant to subdivision (b) or (d) of Section…
- § 25163 (a) (1) Except as otherwise provided in subdivisions (b) to (f), inclusive, it is unlawful for a person to carry on, or engage in, the transportation of…
- § 25163.1 The department shall not adopt any regulations requiring a person hauling hazardous wastes, who is not in the business of hauling hazardous wastes or who is…
- § 25163.3 A person who initially collects hazardous waste at a remote site and transports that hazardous waste to a consolidation site operated by the generator and who…
- § 25165 (a) A hazardous waste transporter’s application for original and renewal registration shall be on a form provided by the department. Any application for an…
- § 25166 (a) A person who is registered as a hazardous waste transporter may voluntarily surrender a registration by submitting a letter signed and dated by the…
- § 25166.5 Notwithstanding any other provision of law, the department may, by regulation, provide for the issuance and renewal of a hazardous waste transporter…
ARTICLE 6.5. Hazardous Waste Haulers §§ 25167.1–25169.3 · 7 sections
- § 25167.1 This article may be cited and shall be known as the Hazardous Waste Haulers Act. It is not the intent of the Legislature in enacting these provisons to preempt…
- § 25167.2 The Legislature finds and declares that increasing quantities of hazardous waste are being produced in this state and that adequate and reasonable safeguards…
- § 25167.3 It is the intent of the Legislature that this article preempt all local regulations and all conflicting state regulations concerning the transportation of…
- § 25167.4 For purposes of this article, the following terms have the following meaning: (a) “Vehicle” means a truck, trailer, semitrailer, or cargo tank. “Vehicle” does…
- § 25168.1 The department shall adopt regulations for containers used to transport hazardous waste that are not subject to the federal regulations contained in Title 49…
- § 25169 (a) Every transporter of hazardous waste shall maintain ability to respond in damages resulting from the operation of that business. The ability to respond in…
- § 25169.3 Before hazardous waste is transported from an abandoned site to another disposal site, all of the following conditions shall be met: (a) The department shall…
ARTICLE 6.6. Hazardous Waste of Concern and Public Safety Act §§ 25169.5–25169.9 · 5 sections
- § 25169.5 For purposes of this article, the following definitions shall apply: (a) “Background check” means a criminal history background check obtained from fingerprint…
- § 25169.6 (a) On or before July 1, 2003, the department shall adopt by regulation, and revise as appropriate, a list of hazardous wastes of concern and, for purposes of…
- § 25169.7 Except as specified otherwise in subdivision (b), on and after July 1, 2003, all of the following requirements, including any regulations adopted by the…
- § 25169.8 (a) On or before July 1, 2003, the department shall adopt emergency regulations to implement this article, with the concurrence of the California Highway…
- § 25169.9 (a) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for any person…
ARTICLE 7. Treatment, Recycling, and Disposal Technology §§ 25170–25179 · 18 sections
- § 25170 The department, in performing its duties under this chapter, shall do all of the following: (a) Coordinate research and development regarding methods of…
- § 25172.6 The department shall enter into contracts or agreements with educational, professional, or trade associations, using a competitive bidding process, to…
- § 25173 The department shall establish procedures to ensure that trade secrets used by a person regarding methods of hazardous waste handling and disposal are utilized…
- § 25173.5 (a) Except as provided in subdivision (b), the legislative body of a city or county may impose and enforce a tax, for general purposes, or may impose a user…
- § 25173.6 (a) There is in the General Fund the Toxic Substances Control Account, which shall be administered by the director. In addition to any other money that may be…
- § 25173.7 (a) It is the intent of the Legislature that funds deposited in the Toxic Substances Control Account shall be appropriated in the annual Budget Act each year…
- § 25174 (a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be…
- § 25174.01 (a) The Hazardous Waste Facilities Account is established within the Hazardous Waste Control Account and shall be administered by the director. In addition to…
- § 25174.02 (a) Notwithstanding this chapter, or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, for any fees, surcharges, fines,…
- § 25174.8 (a) The fee provided for in Section 25205.5 does not apply to any of the following: (1) (A) Hazardous waste that results when a governmental agency, or its…
- § 25174.8.1 (a) The fee provided for in Section 25205.5 does not apply to any of the following: (1) (A) Hazardous waste that results when a governmental agency takes a…
- § 25174.9 The Hazardous Waste Control Account is the successor fund of the Federal Receipts Account that was established pursuant to Section 25174.8, as that section…
- § 25175 (a) (1) The department shall prepare and adopt, by regulation, a list, and on or before January 1, 2002, and when appropriate thereafter, shall revise, by…
- § 25177 The department may report findings and results of an investigation which the department undertakes pertaining to subject matter governed by this chapter,…
- § 25178 On or before January 1 of each odd-numbered year, the department shall post on its internet website, at a minimum, all of the following: (a) The status of the…
- § 25178.1 (a) The California Department of Tax and Fee Administration shall provide quarterly reports to the Legislature on the fees collected pursuant to Sections…
- § 25178.3 (a) The director shall notify the Republic of Mexico and every state which is contiguous to this state whenever any of the following occurs: (1) Any hazardous…
- § 25179 (a) A city or county or an agency or entity established by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title…
ARTICLE 7.7. Hazardous Waste Treatment Reform Act of 1995 §§ 25179.1–25179.12 · 12 sections
- § 25179.1 (a) This article shall be known, and may be cited, as the Hazardous Waste Treatment Reform Act of 1995. (b) It is the intent of the Legislature, in enacting…
- § 25179.2 For purposes of this article, the following definitions apply: (a) “Agricultural drainage water” means subsurface water or perched groundwater which is drained…
- § 25179.3 Notwithstanding any other provision of law, except as provided in Section 26179.9, no person shall dispose of liquid waste, liquid hazardous waste, or…
- § 25179.4 In developing new programs and carrying out this chapter, the department shall promote the following waste management practices in order of priority: (a)…
- § 25179.5 (a) Notwithstanding any other provision of law, except as provided in this article, any hazardous waste restricted from land disposal by the federal act, or by…
- § 25179.6 (a) (1) A land disposal restriction, treatment standard, or land disposal criteria adopted by the department pursuant to former Article 7.7 (commencing with…
- § 25179.7 (a) The department may, upon receipt of a petition, designate treatment technologies certified pursuant to Section 25200.1.5 in accordance with this article.…
- § 25179.8 (a) Except as provided in subdivision (d), the department may grant a variance from the requirements of Sections 25179.5 and 25179.6 for a hazardous waste,…
- § 25179.9 Lab packs which contain hazardous waste that has not been restricted or prohibited by the Environmental Protection Agency pursuant to Section 3004 of the…
- § 25179.10 (a) The department may grant an exemption from the requirements of Section 25179.6 pursuant to subdivision (b) for either of the following: (1) Any special…
- § 25179.11 (a) A person discharging a hazardous waste into a surface impoundment that was constructed before July 1, 1986, and for which an application for waste…
- § 25179.12 (a) Except as provided in subdivisions (b) and (c), a person operating a land treatment facility is exempt from the requirements of Sections 25179.5 and…
ARTICLE 8. Enforcement §§ 25180–25196.1 · 50 sections
- § 25180 (a) (1) Except as provided in paragraph (2), the standards in this chapter and the regulations adopted by the department to implement this chapter shall be…
- § 25180.1 For purposes of this chapter, “permit” includes matters deemed to be permits pursuant to subdivision (c) of Section 25198.6.
- § 25180.2 The department shall prioritize an enforcement action authorized by this chapter affecting communities that have been identified by the California…
- § 25180.5 (a) The department, the State Water Resources Control Board, and the California regional water quality control boards shall notify the local health officer and…
- § 25180.7 (a) Within the meaning of this section, a “designated government employee” is any person defined as a “designated employee” by Government Code Section 82019,…
- § 25181 (a) If the department determines that a person has engaged in, is engaged in, or is about to engage in any acts or practices that constitute or will constitute…
- § 25181.5 A registered waste transporter transporting medical waste who is not subject to Section 25097 shall be subject to penalties for violations pursuant to this…
- § 25182 Every civil action brought under this chapter at the request of the department or a unified program agency shall be brought by the city attorney, the county…
- § 25183 Any civil action brought pursuant to this chapter shall be brought in the county in which the processing or disposal of hazardous waste is made or proposed to…
- § 25184 In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it…
- § 25184.1 If any administrative order or decision that imposes a penalty is issued pursuant to this chapter or Part 2 (commencing with Section 78000) of Division 45, the…
- § 25185 (a) In order to carry out the purposes of this chapter, any authorized representative of the department or the local officer or agency authorized to enforce…
- § 25185.5 For a property that is designated as a hazardous waste property or border zone property pursuant to the former Article 11 (commencing with Section 25220), an…
- § 25185.6 (a) (1) The department or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, in connection with any…
- § 25186 The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the…
- § 25186.05 (a) For the purposes of this section, “violation” and “noncompliance” mean only the following: (1) A violation or noncompliance pursuant to Section 25186 that…
- § 25186.1 (a) Except as specified in Section 25186.2, proceedings for the suspension or revocation of a permit, registration, or certificate under this chapter shall be…
- § 25186.2 The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department…
- § 25186.2.5 The department may temporarily suspend the operation of a facility operating under an expired permit that has been extended pursuant to subparagraph (B) of…
- § 25186.3 (a) The department shall prepare a written report pursuant to subdivision (b) whenever the department proposes to issue a hazardous waste facilities permit…
- § 25186.5 (a) In making a determination pursuant to Section 25186, the director may contact the district attorney, local agencies, the Attorney General, the United…
- § 25186.6 (a) In any case filed in any court or administrative tribunal, including, but not limited to, the Office of Administrative Hearings, which alleges any…
- § 25186.7 The department may suspend or revoke any grant of authorization to operate pursuant to a permit-by-rule or authorization to conduct treatment pursuant to…
- § 25187 (a) (1) The department or a unified program agency, in accordance with subdivision (l), may issue an order requiring that the violation be corrected and…
- § 25187.1 (a) (1) If the department or a unified program agency authorized pursuant to paragraph (2) determines, upon receipt of any information, that the presence of…
- § 25187.2 If an order or agreement issued by the department pursuant to Section 25187 to a potentially responsible party requires a person to take corrective action with…
- § 25187.3 (a) An owner or operator of a facility for which corrective action under department oversight is required shall include a corrective action cost estimate in…
- § 25187.5 (a) If corrective action is not taken on or before the date specified in an order issued pursuant to Section 25187, or if in the judgment of the department…
- § 25187.6 (a) If an authorized agent of the department has probable cause to believe that any hazardous waste, or any material which the authorized agent reasonably…
- § 25187.8 (a) An authorized representative of the department or local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180,…
- § 25188 A person subject to an order issued pursuant to Section 25187 who does not comply with that order shall be subject to a civil penalty of not more than seventy…
- § 25189 (a) A person who intentionally or negligently makes a false statement or representation in an application, label, manifest, record, report, permit, or other…
- § 25189.1 (a) In addition to liability under any other provision of law, any person who is liable for a civil penalty pursuant to subdivision (c) or (d) of Section 25189…
- § 25189.2 (a) A person who makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or…
- § 25189.3 (a) For purposes of this section, the term “permit” means a hazardous waste facilities permit, interim status authorization, or standardized permit. (b) The…
- § 25189.4 (a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions…
- § 25189.5 (a) The disposal of any hazardous waste, or the causing thereof, is prohibited when the disposal is at a facility which does not have a permit from the…
- § 25189.6 (a) Any person who knowingly, or with reckless disregard for the risk, treats, handles, transports, disposes, or stores any hazardous waste in a manner which…
- § 25189.7 (a) The burning or incineration of any hazardous waste, or the causing thereof, is prohibited when the burning or incineration is at a facility which does not…
- § 25190 (a) Except as otherwise provided in Sections 25185.6, 25189.5, 25189.6, 25189.7, and 25191, any person who violates any provision of this chapter, or any…
- § 25191 (a) (1) Any person who knowingly does any of the acts specified in subdivision (b) shall, upon conviction, be punished by a fine of not less than two thousand…
- § 25191.2 Actions pursuant to Sections 25189.5, 25189.6, 25189.7, 25190, and 25191 may be brought by any city attorney.
- § 25191.7 (a) A person who provides information that materially contributes to the imposition of a civil penalty or criminal fine against a person for violating this…
- § 25192 (a) All civil and criminal penalties collected pursuant to this chapter shall be apportioned in the following manner: (1) Fifty percent shall be deposited in…
- § 25193 The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the…
- § 25194 Any action brought pursuant to this chapter against a person shall not abate by reason of a sale or other transfer of ownership, except with the express…
- § 25194.5 (a) The withdrawal of an application for a permit, registration, or certificate, after it has been filed with the department shall not, unless the department…
- § 25195 It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way the work of any duly…
- § 25196 A person who knowingly violates a provision of subdivision (a) of former Section 25221 as that section read on January 1, 2012, and who violated that provision…
- § 25196.1 (a) A person who generates or has generated hazardous waste that fails to provide information to the department as required pursuant to this chapter and…
ARTICLE 8.3. Hazardous Waste Enforcement Coordinator and Strike Force §§ 25197–25197.3 · 4 sections
- § 25197 (a) The Legislature hereby finds and declares as follows: (1) The United States Environmental Protection Agency has estimated that 90 percent of the 9 to 10…
- § 25197.1 (a) The director shall establish a Hazardous Waste Enforcement Unit within the department and shall appoint an enforcement coordinator to administer that unit…
- § 25197.2 (a) The department shall establish a statewide Hazardous Waste Strike Force which shall consist of a representative from each of the following agencies: (1)…
- § 25197.3 This article shall be funded from the department’s existing resources.
ARTICLE 8.5. Hazardous Waste Testing Laboratories § 25198 · 1 section
- § 25198 (a) For purposes of this section, “state department” means the State Department of Health Services. (b) Except as provided in subdivision (c), the analysis of…
ARTICLE 8.6. Development of Hazardous Waste Management Facilities on Indian Country §§ 25198.1–25198.9 · 9 sections
- § 25198.1 As used in this article, unless the context clearly indicates otherwise, the following definitions apply: (a) “Indian country” has the same meaning as set…
- § 25198.2 (a) Upon receipt of a written request from any tribe considering a proposal to construct each hazardous waste facility in that tribe’s Indian country within…
- § 25198.3 (a) The secretary may enter into any cooperative agreement which meets the requirements of this article. (b) Each cooperative agreement shall include, but…
- § 25198.4 (a) A tribe shall be eligible for technical assistance to the extent feasible, from the agencies specified in subdivision (b) of Section 25198.3, for the…
- § 25198.5 (a) Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 25198.3 to review any draft tribal permit and any…
- § 25198.6 (a) Nothing in this article shall limit or expand, or be construed to limit or expand, the jurisdiction of any state agency specified in subdivision (b) of…
- § 25198.7 (a) The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the…
- § 25198.8 A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state.
- § 25198.9 Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 25198.3, or…
ARTICLE 8.7. Procedures for the Approval of New Facilities §§ 25199–25199.14 · 13 sections
- § 25199 (a) The Legislature finds and declares as follows: (1) Existing laws require numerous permits before a hazardous waste facility can be constructed and…
- § 25199.1 Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Appeal board” means an appeal board established…
- § 25199.2 Except as otherwise provided in this article, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code applies to all public…
- § 25199.3 (a) Notwithstanding any other provision of law, an applicant for a hazardous waste facility project may submit applications for a land use decision and for one…
- § 25199.5 (a) At the request of an applicant, the legislative body of a local agency shall, within 60 calendar days after the local agency has determined that an…
- § 25199.6 (a) Section 65943 of the Government Code does not apply to the department’s review of applications for a hazardous waste facilities permit. The department…
- § 25199.7 (a) At least 90 days before filing an application for a land use decision for a specified hazardous waste facility project with a local agency, the proponent…
- § 25199.8 (a) If an action or proceeding has been commenced in any court to attack, review, set aside, void, or annul the acts or decisions of a lead agency for a…
- § 25199.9 (a) A proponent may file an appeal of a land use decision made by a local agency for a specified hazardous waste facility project with the Governor or the…
- § 25199.10 (a) If an appeal is filed pursuant to subdivision (b), (d), or (e) of Section 25199.9, or paragraph (3) of subdivision (c) of Section 25199.9, the Governor or…
- § 25199.11 (a) An appeal board convened by the Governor or the Governor’s designee to hear an appeal pursuant to subdivision (b) or (c) of Section 25199.9 shall follow…
- § 25199.13 (a) An appeal board convened by the Governor or the Governor’s designee to hear an appeal pursuant to subdivision (d) or (e) of Section 25199.9 shall follow…
- § 25199.14 The final decision of the appeal board concerning an appeal authorized pursuant to Section 25199.9 shall be deemed to be the final administrative action of the…
ARTICLE 9. Permitting of Facilities §§ 25200–25205 · 59 sections
- § 25200 (a) The department shall issue a hazardous waste facilities permit to use and operate one or more hazardous waste management units at a hazardous waste…
- § 25200.01 (a) The department shall, consistent with subdivision (d) of Section 25112.5, submit to the Department of Justice fingerprint images and related information…
- § 25200.05 (a) No later than 90 days after receiving an application for a hazardous waste facilities permit pursuant to Section 25200 or 25201.6, the department shall…
- § 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,…
- § 25200.1.5 (a) The department may establish an administrative process to certify hazardous waste environmental technologies that it determines will not pose a significant…
- § 25200.2 (a) The department shall develop a permitting process for transportable hazardous waste treatment units for treating hazardous waste in accordance with the…
- § 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…
- § 25200.3.1 (a) For purposes of this section, the following definitions apply: (1) “Laboratory” means a workplace where relatively small quantities of hazardous chemicals…
- § 25200.4 (a) Any application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to this…
- § 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…
- § 25200.6 (a) The department shall not issue a hazardous waste facilities permit for an injection well or for the discharge of hazardous waste into an injection well…
- § 25200.7 (a) On or before November 8, 1988, the department shall take final action on each application for a hazardous waste facilities permit submitted to the…
- § 25200.7.5 (a) On or before December 31, 2015, the department shall issue a final permit decision on an application for a hazardous waste facilities permit submitted to…
- § 25200.8 Any applicant for a final hazardous waste facilities permit pursuant to Section 25200 who receives a notice of deficiency from the department concerning the…
- § 25200.9 The department shall not grant interim status for any hazardous waste facility pursuant to Section 25200.5, unless either of the following applies: (a) The…
- § 25200.10 (a) 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…
- § 25200.11 (a) 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…
- § 25200.12 A modification to an offsite facility operating under interim status pursuant to Section 25200.5 that requires a revised Part A application pursuant to Article…
- § 25200.13 For purposes of Sections 25200.11 and 25200.12, “offsite facility” means a facility that serves more than one generator of hazardous waste.
- § 25200.14 (a) For purposes of this section, “phase I environmental assessment” means a preliminary site assessment based on reasonably available knowledge of the…
- § 25200.14.1 (a) On or before July 1, 1997, the department shall complete an evaluation of the phase I environmental assessment requirement specified by Section 25200.14,…
- § 25200.15 (a) The owner or operator of a facility that has a hazardous waste facilities permit issued pursuant to Section 25200 or 25201.6 may change facility structures…
- § 25200.16 (a) The department may administratively convert the hazardous waste facilities permit or grant of interim status of a hazardous waste management unit…
- § 25200.17 (a) Upon petition, the department may, by regulation, add new treatment activities to the list of activities eligible for operation pursuant to a…
- § 25200.19 (a) A hazardous waste facility that obtains a hazardous waste facilities permit to receive hazardous wastes from offsite locations may conduct bulk, packaged,…
- § 25200.21 On or before January 1, 2018, the department shall adopt regulations establishing or updating criteria used for the issuance of a new or modified permit or…
- § 25200.23 On or before July 1, 2018, the department shall develop and implement programmatic reforms designed to improve the protectiveness, timeliness, legal…
- § 25200.25 (a) If a final hazardous waste facilities permit decision has not been issued by the department by the applicable hazardous waste facilities permit decision…
- § 25200.27 (a) After the issuance of a report required pursuant to subdivision (a) of Section 25200.25, the department shall do all of the following: (1) Request that the…
- § 25201 (a) Except as provided in subdivisions (c) and (d), no owner or operator of a storage facility, treatment facility, transfer facility, resource recovery…
- § 25201.1 (a) A solid waste facility, as defined in Section 40194 of the Public Resources Code, or any recycling facility, that accepts and processes empty aerosol cans…
- § 25201.3 (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…
- § 25201.4 (a) (1) The unified program agency shall develop and implement a program to inspect persons operating pursuant to a permit-by-rule, conditional authorization,…
- § 25201.4.1 (a) Except as provided in subdivision (c), any person subject to the notification requirements of Sections 25110.10, 25123.3, 25144.6, 25200.3, 25201.5, or…
- § 25201.5 (a) Notwithstanding any other law, a hazardous waste facilities permit is not required for a generator who treats hazardous waste of a total weight of not more…
- § 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…
- § 25201.6.1 The department shall seek a determination from the United States Environmental Protection Agency as to the conditions, if any, under which the department may…
- § 25201.7 The department shall, upon request of a facility subject to the regulations concerning operation under a permit-by-rule for treatment of wastes which are…
- § 25201.8 (a) Notwithstanding any other provision of law, a generator of effluent hazardous waste from dry cleaning operations who treats the waste onsite is not a…
- § 25201.9 (a) Upon the written request of any person, the department may enter into an agreement with that person pursuant to which the department will perform…
- § 25201.10 Any information that a generator is required to provide to the department or to a local agency pursuant to Section 25200.3, 25200.14, or 25201.5 or to…
- § 25201.11 (a) Copyright protection and all other rights and privileges provided pursuant to Title 17 of the United States Code are available to the department to the…
- § 25201.12 Notwithstanding any other provision of law, a hazardous waste facilities permit or other grant of authorization from the department, and payment of any fee…
- § 25201.13 (a) The Legislature hereby finds and declares that demineralization of water is a standard industrial water purification process used by utilities and…
- § 25201.14 (a) To the extent consistent with the federal act, the following activities are exempt from this article, including the requirements of obtaining a hazardous…
- § 25201.15 (a) For the purposes of this section, the following terms have the following meaning: (1) “Biotechnology manufacturing or biotechnology process development…
- § 25201.16 (a) For purposes of this section, the following terms have the following meanings: (1) “Aerosol can” means a nonrefillable receptacle containing a gas…
- § 25201.17 (a) For purposes of this section, the following terms have the following meanings: (1) “Pharmaceutical manufacturing or pharmaceutical process development…
- § 25202 (a) The owner or operator of a hazardous waste facility who holds a hazardous waste facilities permit or a grant of interim status shall comply with the…
- § 25202.5 (a) With respect to any hazardous waste facility permitted pursuant to Section 25200 or granted interim status pursuant to Section 25200.5, the department may…
- § 25202.6 The owner of land subject to an easement, covenant, restriction, or servitude, required by the department pursuant to Section 25202.5, may make a written…
- § 25202.7 Any decision of the department pursuant to either Section 25202.5 or Section 25202.6 shall be subject to review by a court of competent jurisdiction as…
- § 25202.9 The department shall require, as a permit condition when issuing a permit for an onsite hazardous waste treatment, storage, or disposal facility that the…
- § 25203 It is unlawful for any person to dispose of a hazardous waste except at a disposal site or facility of an owner or operator who holds a valid hazardous waste…
- § 25204 (a) For purposes of this section, “residuals repository” means a hazardous waste facility, or an operational unit at a hazardous waste facility, which meets…
- § 25204.5 Any action taken by the department pursuant to this article shall be consistent with all applicable regulations adopted by the State Water Resources Control…
- § 25204.6 (a) On or before January 1, 1995, the Secretary for Environmental Protection shall develop a hazardous waste facility regulation and permitting consolidation…
- § 25204.7 (a) Notwithstanding any other law, a generator conducting a treatment activity that is eligible for operation under a permit-by-rule pursuant to the…
- § 25205 (a) Except as provided in Section 25245.4, the department shall not issue or renew a permit to operate a hazardous waste facility pursuant to Section 25200 or…
ARTICLE 9.1. Hazardous Waste Fees §§ 25205.1–25205.25 · 20 sections
- § 25205.1 For purposes of this article, the following definitions apply: (a) “Board” means the State Board of Equalization. (b) “Facility” means any units or other…
- § 25205.2 (a) (1) For purposes of subdivisions (c) and (d), a facility or unit is “small” if 0.5 tons (1,000 pounds) or less of hazardous waste remain after closure,…
- § 25205.2.1 (a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fee authorized by Section 25205.2, to be applicable…
- § 25205.5 (a) (1) Except as otherwise provided in this section, a generator of hazardous waste shall pay to the California Department of Tax and Fee Administration a…
- § 25205.5.01 (a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fee authorized by Section 25205.5, to be applicable…
- § 25205.5.1 Notwithstanding Section 25205.5, the department may adopt regulations exempting victims of disasters from the generation and handling fee imposed pursuant to…
- § 25205.5.3 (a) (1) The department shall adopt regulations to establish a process for evaluating exemptions from the fee imposed pursuant to 25205.5 claimed by a…
- § 25205.5.4 (a) The department may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of…
- § 25205.6 (a) For purposes of this section, “organization” means a corporation, limited liability company, limited partnership, limited liability partnership, general…
- § 25205.6.1 (a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fees authorized by Section 25205.6 to be applicable…
- § 25205.7 (a) (1) A person who applies for, or requests, any of the following shall enter into a written agreement with the department pursuant to which that person…
- § 25205.13 (a) Notwithstanding any other provision of law or regulation, for the 1993 reporting period, the deadline for submitting permit-by-rule fixed treatment unit…
- § 25205.16 (a) The department shall establish an identification number certification system to annually verify the accuracy of information related to generators,…
- § 25205.17 Notwithstanding any other provision of law, no facility for any reporting period prior to 1994 shall be a “disposal facility” for purposes of the annual…
- § 25205.18 (a) If a facility has a permit or an interim status document which sets forth the facility’s allowable capacity for treatment or storage, the facility’s size…
- § 25205.19 (a) If a facility has a permit or an interim status document which sets forth the facility’s type, pursuant to Section 25205.1, as either treatment, storage,…
- § 25205.21 (a) Notwithstanding Section 25205.2, a disposal facility operator that is a government agency shall be subject to a maximum facility fee of ten thousand…
- § 25205.22 (a) On and after January 1, 2022, for hazardous waste imported into this state for purposes of treatment, recycling, or disposal, the operator of the facility…
- § 25205.23 Notwithstanding Chapter 3 (commencing with Section 43151) of Part 22 of Division 2 of the Revenue and Taxation Code, at the request of any party contesting any…
- § 25205.25 (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, generator fee, and transportable…
ARTICLE 9.2. Cost Reimbursement §§ 25206.1–25206.4 · 4 sections
- § 25206.1 For purposes of this article, the following terms have the following meaning: (a) “Direct costs” means the costs to the department of processing applications,…
- § 25206.2 (a) Except as provided in subdivision (c), the department shall comply with this article when recovering costs for processing applications, responding to…
- § 25206.3 The department shall take all of the following actions with regard to the tracking of indirect costs: (a) Ensure that pro rata costs are allocated…
- § 25206.4 The department shall establish rates for indirect costs that are specific to each program and shall review and update the indirect cost rates based upon…
ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes §§ 25207–25207.13 · 14 sections
- § 25207 The Legislature finds and declares all of the following: (a) Small agriculture-related operations need an appropriate and economic means of disposing of…
- § 25207.1 For purposes of this article, the following definitions apply: (a) “Banned or unregistered agricultural waste” means a hazardous waste, as defined in Section…
- § 25207.2 (a) A county may develop and establish a collection program for the collection of banned, unregistered, or outdated agricultural wastes, which shall be…
- § 25207.3 A participating county shall conduct a survey to identify all eligible participants in the county, within 180 days after the county elects to implement this…
- § 25207.4 If a county implements a collection program that includes collection sites for the dropoff of banned, unregistered, or outdated agricultural wastes by eligible…
- § 25207.5 (a) Except as provided in subdivision (b), for purposes of this article, all eligible participants who transport banned, unregistered, or outdated agricultural…
- § 25207.6 All eligible participants shall handle banned, unregistered, or outdated agricultural wastes that are transported pursuant to Section 25207.5 in the following…
- § 25207.7 The county shall act as the operator of the designated site for the collection of the wastes and shall comply with the regulations adopted pursuant to Section…
- § 25207.8 The banned, unregistered, or outdated agricultural wastes transported from the collection site shall be transported by a registered hazardous waste transporter…
- § 25207.9 A report regarding any transportation accident involving banned, unregistered, or outdated agricultural wastes that are transported pursuant to a collection…
- § 25207.10 (a) A county implementing a collection program pursuant to this article shall charge a fee to eligible participants to cover the county’s costs of implementing…
- § 25207.11 The collection program shall require, when economically feasible, that the banned, unregistered, or outdated agricultural wastes which are collected are…
- § 25207.12 (a) Any eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection in a program established pursuant to this article…
- § 25207.13 For purposes of complying with the manifest requirements of subdivision (b) of Section 25160, a county which collects banned, unregistered, or outdated…
ARTICLE 9.5. Surface Impoundments §§ 25208–25208.17 · 18 sections
- § 25208 This article shall be known and may be cited as the Toxic Pits Cleanup Act of 1984.
- § 25208.1 The Legislature finds and declares as follows: (a) Discharges of liquid hazardous wastes or hazardous wastes containing free liquids into lined or unlined…
- § 25208.2 For purposes of this article, the following definitions apply: (a) “Active life of the facility” means that period of time when the facility has the potential…
- § 25208.3 (a) The state board shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging any liquid hazardous wastes or…
- § 25208.4 (a) Notwithstanding any other provision of law, unless the person was granted an exemption pursuant to subdivision (b) on or before December 31, 1987, pursuant…
- § 25208.5 (a) Unless granted an exemption pursuant to subdivision (c) or Section 25208.13 or 25208.18, on or after January 1, 1989, no person shall discharge any liquid…
- § 25208.6 When a regional board determines that a surface impoundment is polluting, or threatens to pollute, the waters of the state or that hazardous waste constituents…
- § 25208.7 (a) The regional board shall make at least one inspection per year of all facilities with surface impoundments, and shall regularly review monitoring data, as…
- § 25208.8 A person who receives a notice from a regional board pursuant to Section 25208.7 or who files an application for an exemption pursuant to Section 25208.5 or…
- § 25208.9 (a) Notwithstanding Section 25189, any person who is required to file a hydrogeological assessment report with a regional board pursuant to Section 25208.7,…
- § 25208.10 For purposes of performing the functions and duties provided for in this article, and because of the urgency in protecting the public, the state board and…
- § 25208.11 This article shall not be construed to limit or abridge the powers and duties granted to the department pursuant to this chapter or pursuant to Part 2…
- § 25208.12 Article 2 (commencing with Section 13320) of, Article 3 (commencing with Section 13330) of, and Article 4 (commencing with Section 13340) of, Chapter 5 of…
- § 25208.13 (a) If the regional board determines that certain mining wastes have properties so that the wastes do not pollute or threaten to pollute the waters of the…
- § 25208.14 Not later than January 1, 1987, the state board shall provide the Legislature with a report containing information regarding the number of applications for…
- § 25208.15 (a) Notwithstanding any other provision of this article, an in-ground sump, used by a pest control operator licensed under Section 11705 of the Food and…
- § 25208.16 (a) A person may apply to the regional board for an exemption from subdivision (c) of Section 25208.4 for a surface impoundment into which restricted hazardous…
- § 25208.17 (a) Except as provided in subdivision (g), a person specified in subdivision (h) is exempt from filing the report required by Section 25208.7 if the surface…
ARTICLE 9.6. Land Treatment Units §§ 25209–25209.7 · 8 sections
- § 25209 The Legislature finds and declares as follows: (a) Hazardous waste discharged into land treatment units may migrate beyond the treatment zone of the land…
- § 25209.1 For purposes of this article, the following definitions apply: (a) “Discharge” means to place or dispose hazardous wastes in a land treatment unit. (b)…
- § 25209.2 (a) Except as provided in Section 25209.5, unless granted a variance pursuant to subdivision (b), or exempted pursuant to Section 25209.6, no person shall…
- § 25209.3 Except as provided in Section 25209.5, after January 1, 1990, unless granted a variance pursuant to subdivision (b) of Section 25209.2, or exempted pursuant to…
- § 25209.4 (a) Except as provided in Section 25209.6, no person shall place or dispose of hazardous waste in a land treatment unit if any of the following conditions…
- § 25209.5 The liner, leachate collection and removal, groundwater monitoring, and vadose zone monitoring systems required by Sections 25209.2, 25209.3, and 25209.4 shall…
- § 25209.6 Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous…
- § 25209.7 (a) Every owner or operator of a land treatment unit subject to this article shall pay an annual fee to the department which shall be equivalent to 2 percent…
ARTICLE 9.7. Integrated On-Farm Drainage Management §§ 25209.10–25209.19 · 10 sections
- § 25209.10 The Legislature finds and declares all of the following: (a) The long-term economic and environmental sustainability of agriculture is critical to the future…
- § 25209.11 For purposes of this article, the following terms have the following meanings: (a) “Agricultural drainage water” means surface drainage water or percolated…
- § 25209.12 The state board, in consultation, as necessary, with other appropriate state agencies, shall adopt or amend emergency regulations that establish minimum…
- § 25209.13 (a) A person who intends to operate a solar evaporator shall, before installing the solar evaporator, file a notice of intent with the regional board, using a…
- § 25209.14 (a) A person operating a solar evaporator shall submit to the regional board, in April and October of every year, all of the following information: (1)…
- § 25209.15 (a) The regional board, consistent with its existing statutory authority, shall inspect any solar evaporator that is authorized to operate pursuant to Section…
- § 25209.16 (a) For the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including Section 11349.6 of the…
- § 25209.17 Any solar evaporator operating under a valid written notice of authority to operate issued by the regional board pursuant to this article, including any…
- § 25209.18 (a) A person operating a solar evaporator pursuant to a valid notice of authority to operate shall, consistent with subdivision (f) of Section 25209.12, manage…
- § 25209.19 Within 30 days of an action or failure to act by a regional board pursuant to this article, an aggrieved person may petition the state board to review that…
ARTICLE 10. Prohibited Chemicals §§ 25210–25210.2 · 3 sections
- § 25210 It shall be unlawful, on or after January 1, 1979, to use a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a…
- § 25210.1 (a) For purposes of this section, the following definitions shall apply: (1) “Halocarbon chemicals” means chemical compounds which contain carbon, and one or…
- § 25210.2 (a) It is unlawful to sell or distribute in commerce a product that contains bronopol, dowicil, formalin, formaldehyde, glutaraldehyde, paraformaldehyde,…
ARTICLE 10.01. Management of Perchlorate §§ 25210.5–25210.7 · 3 sections
- § 25210.5 For purposes of this article, the following definitions shall apply: (a) Notwithstanding Section 25117.2, “management” means disposal, storage, packaging,…
- § 25210.6 (a) On or before December 31, 2005, the department shall adopt regulations specifying the best management practices for a person managing perchlorate…
- § 25210.7 On and after the effective date of the regulations adopted by the department pursuant to Section 25210.6, a person may not manage perchlorate materials unless…
ARTICLE 10.02. Lighting Toxics Reduction §§ 25210.9–25210.12 · 3 sections
- § 25210.9 (a) Except as provided in subdivisions (e), (f), and (g), on and after January 1, 2010, a person shall not manufacture general purpose lights for sale in this…
- § 25210.10 (a) For purposes of this article, “general purpose lights” means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor…
- § 25210.12 Notwithstanding Article 8 (commencing with Section 25180), a person who violates this article shall not be subject to any criminal penalties imposed pursuant…
ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances §§ 25211–25214 · 9 sections
- § 25211 For purposes of this article, the following terms have the following meaning: (a) “Certified appliance recycler” means a person or entity engaged in the…
- § 25211.1 (a) Except as provided in subdivision (b), a person, other than a certified appliance recycler, shall not remove materials that require special handling from a…
- § 25211.2 (a) Except as provided in subdivision (b), a person who transports, delivers, or sells discarded major appliances to a scrap recycling facility shall provide…
- § 25211.3 A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall retain…
- § 25211.4 (a) On and after January 1, 2008, a person wishing to operate as a certified appliance recycler, except a person having a certification issued before January…
- § 25211.5 The department may adopt any regulations determined necessary to implement and enforce this article.
- § 25212 (a) Materials that require special handling that are contained in major appliances shall not be disposed of at a solid waste facility and shall be removed from…
- § 25213 (a) To implement subdivision (c) of Section 25212, the department shall, based on reasonably available information, develop a statewide list of appliance…
- § 25214 The department shall make information available upon request regarding the implementation of this article, including, but not limited to, the list of persons…
ARTICLE 10.1.1. Metal-Containing Jewelry §§ 25214.1–25214.4.2 · 12 sections
- § 25214.1 For purposes of this article, the following definitions shall apply: (a) “Body piercing jewelry” means any part of jewelry that is manufactured or sold for…
- § 25214.1.5 (a) This article does not do any of the following: (1) Affect a duty or other requirement otherwise imposed under federal or state law. (2) Alter or diminish a…
- § 25214.2 (a) For jewelry that is not children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for…
- § 25214.3 (a) Except as provided in Sections 25214.3.3 and 25214.3.4, a person who violates this article shall not be subject to criminal penalties imposed pursuant to…
- § 25214.3.1 (a) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare and, at the request of the…
- § 25214.3.2 (a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to an administrative or…
- § 25214.3.3 A manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry…
- § 25214.3.4 A manufacturer or supplier of jewelry who knowingly and with intent to deceive, falsifies any document or certificate required to be kept or produced pursuant…
- § 25214.3.5 (a) This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing…
- § 25214.4 (a) The test methods for determining compliance with this article shall be conducted using the EPA reference methods 3050B, 3051A, or 3052, as specified in EPA…
- § 25214.4.1 In addition to the requirements of Section 25214.4, the following procedures shall be used for testing the following materials: (a) For testing a metal plated…
- § 25214.4.2 The department may adopt regulations to implement this article, including, but not limited to, adopting regulations that modify the testing protocols specified…
ARTICLE 10.1.2. Lead Plumbing Monitoring and Compliance Testing § 25214.4.3 · 1 section
- § 25214.4.3 (a) Lead plumbing monitoring and compliance testing shall be undertaken by the department, as a part of the department’s ongoing program for reducing toxic…
ARTICLE 10.2. Motor Vehicle Switches §§ 25214.5–25214.8 · 4 sections
- § 25214.5 For purposes of this article, “mercury-containing motor vehicle light switch” means any motor vehicle light switch found in the hood or trunk of a motor…
- § 25214.6 Any mercury-containing motor vehicle light switch removed from a motor vehicle is subject to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of…
- § 25214.7 The department shall do all of the following: (a) Coordinate with local agencies to provide technical assistance to businesses engaged in the dismantling or…
- § 25214.8 On or before January 1, 2004, the department shall report to the appropriate policy and fiscal committees of the Legislature on both of the following: (a) The…
ARTICLE 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices §§ 25214.8.1–25214.8.6 · 6 sections
- § 25214.8.1 (a) The Legislature finds and declares all of the following: (1) Once mercury is released into the environment it can change to methyl mercury, a highly toxic…
- § 25214.8.2 On and after January 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury-added thermostat, unless…
- § 25214.8.3 (a) Except as provided in subdivision (b), on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this…
- § 25214.8.4 (a) Except as provided in subdivisions (b) to (e), inclusive, and Section 25214.8.5, on or after July 1, 2006, a person shall not sell, offer to sell, or…
- § 25214.8.5 (a) A product containing a mercury switch or a mercury relay is exempt from subdivision (a) of Section 25214.8.4, if the manufacturer of the product, or a…
- § 25214.8.6 On or after January 1, 2008, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury diostat or a new or…
ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 §§ 25214.8.10–25214.8.19 · 15 sections
- § 25214.8.10 This article shall be known, and may be cited, as the Mercury Thermostat Collection Act of 2021.
- § 25214.8.11 For purposes of this article, the following definitions apply: (a) “Act” means the Mercury Thermostat Collection Act of 2021. (b) “Department” means the…
- § 25214.8.11.2 (a) (1) (A) On or before September 30, 2022, and on or before September 30 of each year thereafter until September 30, 2028, each manufacturer shall, in…
- § 25214.8.11.4 (a) On or before March 1, 2022, a manufacturer, or group of manufacturers, shall contract with or retain a qualified third party to develop and implement a…
- § 25214.8.11.5 A qualified third party selected by a manufacturer, or group of manufacturers, to develop and implement the program shall do all of the following: (a) Collect,…
- § 25214.8.11.6 (a) On or before June 1, 2022, the qualified third party shall provide to the department for review and approval the plan developed by the qualified third…
- § 25214.8.12 (a) A manufacturer that fails to have a plan submitted by the qualified third party approved by the department pursuant to Section 25214.8.11.6 or a…
- § 25214.8.13 (a) (1) (A) Subject to paragraph (2), each manufacturer, or group of manufacturers, shall do all of the following: (i) Collect, handle, and arrange for the…
- § 25214.8.13.5 (a) No later than July 1, 2023, and no later than July 1 of each year thereafter until July 1, 2028, the qualified third party shall conduct an annual survey…
- § 25214.8.14 (a) A wholesaler that distributes new thermostats and that has a physical location in the state shall act as a collection location for out-of-service…
- § 25214.8.15 A contractor who installs heating, ventilation, and air-conditioning components and who removes a mercury-added thermostat shall take the out-of-service…
- § 25214.8.16 A person who demolishes a building shall remove any mercury-added thermostats from the building before demolition in accordance with all applicable statutes…
- § 25214.8.17 The department shall repeal Chapter 24 (commencing with Section 66274.1) of Division 4.5 of Title 22 of the California Code of Regulations.
- § 25214.8.18 (a) The collection, handling, storage, and management of out-of-service mercury-added thermostats pursuant to this act shall be performed in compliance with…
- § 25214.8.19 (a) Unless otherwise provided in this article, the obligations imposed by this article shall remain in effect until January 1, 2030. (b) The Mercury Thermostat…
ARTICLE 10.3. Electronic Waste §§ 25214.9–25214.10.2 · 4 sections
- § 25214.9 (a) The requirements and other provisions of Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code are incorporated…
- § 25214.10 (a) For purposes of this section, “electronic device” has the same meaning as a “covered electronic device,” as defined in subparagraph (A) of paragraph (1) of…
- § 25214.10.1 (a) For purposes of this section, the following definitions shall apply: (1) “Electronic device” means a video display device, as defined in Section 42463 of…
- § 25214.10.2 A regulation adopted pursuant to this article may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part…
ARTICLE 10.4. Toxics in Packaging Prevention Act §§ 25214.11–25214.26 · 16 sections
- § 25214.11 (a) The Legislature finds and declares all of the following: (1) The management of solid waste can pose a wide range of hazards to public health and safety and…
- § 25214.12 For purposes of this article, the following terms have the following meanings: (a) “Authorized official” means a representative of a manufacturer or supplier…
- § 25214.13 (a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional purposes in this…
- § 25214.14 A package or a packaging component is exempt from the requirements of Section 25214.13, and shall be deemed in compliance with this article, if the…
- § 25214.15 (a) A package or packaging component qualifies for an exemption pursuant to Section 25214.14 only if the manufacturer or supplier prepares, retains, and…
- § 25214.16 (a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging component,…
- § 25214.17 (a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of…
- § 25214.18 If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of…
- § 25214.19 This article does not do the following: (a) Affect a duty or other requirement imposed under federal or state law. (b) Alter or diminish a legal obligation…
- § 25214.20 (a) The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid, or that its…
- § 25214.21 The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law.
- § 25214.22 (a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in a packaging component…
- § 25214.22.1 A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or…
- § 25214.23 (a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an…
- § 25214.24 (a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging…
- § 25214.26 The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article.
ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 §§ 25215–25215.75 · 19 sections
- § 25215 This article shall be known, and may be cited, as the Lead-Acid Battery Recycling Act of 2016.
- § 25215.1 For purposes of this article, the following definitions shall apply: (a) “Board” means the California Department of Tax and Fee Administration. (b) “Business”…
- § 25215.11 (a) It is the intent of the Legislature in enacting this chapter that existing and future lead-acid battery recycling, resale, refurbishing, and reuse…
- § 25215.15 (a) Except as provided in subdivision (b), no person shall dispose, or attempt to dispose, of a lead-acid battery at a solid waste facility or on or in any…
- § 25215.2 (a) A dealer shall accept from a person at the point of transfer a used lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of…
- § 25215.25 (a) (1) A California battery fee shall be imposed on a person for each replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of…
- § 25215.3 (a) A person who manufactures a lead-acid battery and is not subject to the jurisdiction of the state may agree in writing with the importer of that lead-acid… see note
- § 25215.35 (a) Until April 1, 2022, a manufacturer battery fee of one dollar ($1) shall be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it…
- § 25215.45 (a) (1) Except as provided in paragraph (2), the lead-acid battery fees imposed pursuant to Sections 25215.25 and 25215.35 shall be collected by the California…
- § 25215.47 (a) The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register…
- § 25215.48 (a) Notwithstanding subdivision (b) of Section 55381 of the Revenue and Taxation Code, the California Department of Tax and Fee Administration may disclose the…
- § 25215.5 (a) Lead-acid battery fees collected pursuant to this article shall be managed as follows: (1) The board shall retain moneys necessary for the payment of…
- § 25215.51 (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for…
- § 25215.56 (a) Any manufacturer battery fees remitted pursuant to this article shall, subject to subdivision (b) of Section 25215.3, be credited to the account of the…
- § 25215.59 If the state loans money from the General Fund to the Toxic Substances Control Account for the cleanup of lead contamination in the state, the following shall…
- § 25215.65 On and after July 1, 2017, a manufacturer shall place a recycling symbol consistent with the requirements of Section 103(b)(1) of the Federal Mercury…
- § 25215.72 One million two hundred thousand dollars ($1,200,000) shall be loaned from the California Tire Recycling Management Fund to the board for implementing the…
- § 25215.74 (a) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this article, including, but not limited to,…
- § 25215.75 This article shall become operative on January 1, 2017.
ARTICLE 10.5.1. Lead Wheel Weights §§ 25215.8–25215.82 · 2 sections
- § 25215.8 (a) A person shall not manufacture, sell, or install a wheel weight in California that contains more than 0.1 percent lead by weight. (b) If the department…
- § 25215.82 (a) Any person who violates or threatens to violate the provisions of this article may be enjoined in any court of competent jurisdiction. (b) Notwithstanding…
ARTICLE 10.6. Management of Small Household Batteries §§ 25216–25216.3 · 4 sections
- § 25216 For the purposes of this article, “batteries” means primary or secondary batteries, including nickel-cadmium, alkaline, carbon-zinc, and other batteries…
- § 25216.1 (a) Any collection location or intermediate collection location that receives, or any person that transports, spent batteries, as defined in this article, is…
- § 25216.2 (a) (1) This article does not apply to batteries that are disposed of on or into the land, water, or air. (2) For purposes of this subdivision, disposal does…
- § 25216.3 (a) For purposes of this section, “spent dry cell battery containing zinc electrodes” means an alkaline or zinc-carbon battery, that meets all of the following…
ARTICLE 10.7. Recyclable Latex Paint and Oil-Based Paint §§ 25217–25217.4 · 6 sections
- § 25217 For purposes of this article, the following definitions shall apply: (a) “Consolidation location” means a location to which recyclable latex paint or oil-based…
- § 25217.1 No person shall dispose of, or attempt to dispose of, liquid latex paint or oil-based paint in the land or into the waters of the state unless authorized by…
- § 25217.2 (a) Recyclable latex paint may be accepted at any location, including, but not limited to, a permanent household hazardous waste collection facility in…
- § 25217.2.1 (a) A location that accepts recyclable latex paint pursuant to Section 25217.2 may also accept oil-based paint if all of the additional following conditions…
- § 25217.3 (a) Notwithstanding Sections 25160 and 25163, a person may transport paint collected in accordance with this article without the use of a manifest or obtaining…
- § 25217.4 (a) A person may recycle recyclable latex paint at a facility which is not authorized by the department pursuant to the applicable hazardous waste facilities…
ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste §§ 25218–25218.14 · 16 sections
- § 25218 The Legislature hereby finds and declares all of the following: (a) Residential households that generate household hazardous waste and very small quantity…
- § 25218.1 For purposes of this article, the following terms have the following meanings: (a) “Curbside household hazardous waste collection program” means a collection…
- § 25218.2 (a) Prior to commencing operations, a public agency, or its contractor, that intends to operate a household hazardous waste collection facility shall submit…
- § 25218.3 (a) The department may authorize a household hazardous waste collection facility to accept hazardous waste from a VSQG. (b) (1) A household hazardous waste…
- § 25218.4 Except as provided in subdivision (f) of Section 25218.5, a person who transports household hazardous waste, and any VSQG that transports hazardous waste to an…
- § 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…
- § 25218.5.1 Notwithstanding Section 25218.5, a public agency may increase the maximum liquid volume and dry weight authorized to be transported pursuant to paragraph (1)…
- § 25218.7 The corrective action provisions of Section 25200.10 do not apply to a permit issued for the operation of a temporary household hazardous waste collection…
- § 25218.8 (a) Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection…
- § 25218.9 On or before October 1 of each year, a public agency, or its contractor, operating a household hazardous waste collection facility shall submit to the CUPA,…
- § 25218.10 The department and the California Integrated Waste Management Board shall jointly develop and maintain a data base of all household hazardous waste collection…
- § 25218.11 (a) On or before March 31, 1996, the department shall develop a separate and distinct regulatory structure for the permitting of permanent household hazardous…
- § 25218.11.5 A quality assurance plan prepared and implemented by a public agency, or its contractor, shall meet the following conditions: (a) The public agency, or its…
- § 25218.12 (a) A public agency, or its contractor, may conduct a materials exchange program as a part of its household hazardous waste collection program if the public…
- § 25218.13 (a) A household hazardous waste collection facility that has a permit issued under Section 25218.8 may operate as a “home-generated sharps consolidation…
- § 25218.14 (a) The department shall convene a Retail Waste Working Group comprised of representatives of large retailers, small retailers, district attorneys, certified…
ARTICLE 10.9. Battery Management: Federal Regulation §§ 25219–25219.2 · 3 sections
- § 25219 As used in this article, the following terms have the following meaning: (a) “Federal battery management act” means the Mercury-Containing and Rechargeable…
- § 25219.1 (a) Notwithstanding any other provision of law, including, but not limited to, any other provision of this chapter, the federal battery management act shall be…
- § 25219.2 Except as provided in this article, batteries not subject to regulation pursuant to Section 25219.1 shall be managed in compliance with all other requirements…
ARTICLE 11.1. Institutional Control §§ 25220–25227 · 8 sections
- § 25220 (a) The department shall notify the planning and building department of each city, county, or regional council of governments of any recorded land use…
- § 25221 A person may enter into an agreement with the department regarding his or her property, or a portion thereof, which provides for restricting specified uses of…
- § 25222 Public notice of an agreement proposed to be entered into pursuant to Section 25221 shall be provided by the department at least 30 days before a hearing on,…
- § 25223 (a) A person may apply to the department for a written variance from a land use restriction imposed by the department. An application shall contain sufficient…
- § 25224 (a) A person may apply to the department to remove a land use restriction imposed by the department on the grounds that the waste no longer creates a…
- § 25225 The department shall record within 10 days any final written instrument made pursuant to Section 25221 or 25224 with the county recorder of the county in which…
- § 25226 An assessor shall consider a restrictive easement, covenant, restriction, or servitude adopted pursuant to the former Section 25230, as that section read prior…
- § 25227 A person shall not engage in any of the following on land that is subject to a recorded land use restriction pursuant to former Section 25229, 25230, or…
ARTICLE 11.2. Management of Treated Wood Waste §§ 25230–25230.18 · 19 sections
- § 25230 The Legislature finds and declares that this article is intended to address the unique circumstances associated with the generation and management of treated…
- § 25230.1 For purposes of this article, the following definitions apply: (a) “Class I hazardous waste landfill” means a landfill that is also authorized as part of a…
- § 25230.2 (a) The alternative management standards of this article apply only to wood waste that is all of the following: (1) A hazardous waste solely due to the…
- § 25230.3 (a) Treated wood waste, as described in Section 25230.2, when managed as specified in this article, is exempt from the management requirements for hazardous…
- § 25230.4 (a) Except as authorized by this article, treated wood waste managed in accordance with the alternative management standards of this article, shall not be any…
- § 25230.5 (a) Treated wood waste generated, accumulated, stored, or transported within California shall be clearly marked and visible for inspection. The person managing…
- § 25230.6 (a) (1) Treated wood waste shall be maintained in a manner that prevents unauthorized access and minimizes release to the environment. (2) Unauthorized access…
- § 25230.7 (a) Except as provided in subdivision (c), a treated wood waste handler is prohibited from sending or taking treated wood waste to a place other than a treated…
- § 25230.8 (a) A treated wood waste handler shall keep a record of each shipment of treated wood waste sent from the handler to treated wood waste facilities. The record…
- § 25230.9 (a) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall obtain or maintain an…
- § 25230.10 (a) For purposes of this section, “resizing” means minimal cutting, breaking, or sawing, but does not include planing, grinding, drilling, chipping, sanding,…
- § 25230.11 (a) Notwithstanding Sections 25189.5 and 25201, when disposed to land, treated wood waste shall be disposed of in either a class I hazardous waste landfill or…
- § 25230.12 (a) An employer managing treated wood waste shall provide training for all employees handling treated wood waste and all employees that may reasonably be…
- § 25230.13 The Legislature intends to continue to work with the department in order to ensure adequate enforcement of and compliance with this article, including…
- § 25230.14 (a) The Legislature intends to continue to evaluate the alternative management standards for treated wood waste, including the potential for longer term…
- § 25230.15 (a) The wood preserving industry shall, in consultation with the department, maintain an internet website and prepare fact sheets and other outreach materials…
- § 25230.16 If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5 or…
- § 25230.17 No later than July 1, 2028, the department shall provide notification to the Legislature in compliance with Section 9795 of the Government Code if the…
- § 25230.18 If, as of July 1, 2028, the department has provided the notification pursuant to Section 25230.17, this article shall remain in effect only until January 1,…
ARTICLE 11.5. Hazardous Waste Disposal on Public Land §§ 25242–25242.3 · 4 sections
- § 25242 (a) Any city, county, or state agency which, as owner, lessor, or lessee, knows or has probable cause to believe that a disposal of hazardous waste which is…
- § 25242.1 It is the intention of the Legislature, in enacting this article, to protect the public health and safety and the environment by requiring all of the…
- § 25242.2 Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue all feasible civil and criminal actions…
- § 25242.3 If any provision of this article or the application thereof to any person or circumstance is held invalid, this holding shall not affect other provisions or…
ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment §§ 25244–25244.10 · 11 sections
- § 25244 This article shall be known and may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985.
- § 25244.01 (a) Except as provided in subdivision (b), the department’s duty to implement this article is contingent upon, and limited to, the availability of funding. (b)…
- § 25244.1 (a) The Legislature hereby finds and declares that, whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as…
- § 25244.2 For purposes of this article, “hazardous waste reduction, recycling, and treatment technologies” mean technologies and techniques which have, as their primary…
- § 25244.4 Every generator of hazardous waste shall submit a report to the department, at least once every two years, reporting the changes in volume and toxicity of…
- § 25244.5 (a) The department shall establish a Hazardous Waste Technology, Research, Development, and Demonstration Program, which shall consist of all of the following…
- § 25244.6 The department, in consultation with the State Water Resources Control Board, the State Air Resources Board, and the California Waste Management Board, shall…
- § 25244.7 Consistent with Article VII of the California Constitution, the department may contract for services to be performed to carry out this article, including, but…
- § 25244.8 Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to…
- § 25244.9 The department shall compile the results of all evaluations of projects funded by step IV grants, as specified in subdivision (d) of Section 25244.8, or the…
- § 25244.10 The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop…
ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act §§ 25244.12–25244.23 · 16 sections
- § 25244.12 This article shall be known and may be cited as the Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act.
- § 25244.13 The Legislature finds and declares as follows: (a) Existing law requires the department and the State Water Resources Control Board to promote the reduction of…
- § 25244.13.1 (a) The department’s duties to implement this article are contingent upon, and limited to, the availability of funding. (b) Subdivision (a) does not eliminate…
- § 25244.14 For purposes of this article, the following definitions apply: (a) “Advisory committee” means the California Pollution Prevention Advisory Committee…
- § 25244.15 (a) This article establishes a program for pollution prevention, including, but not limited to, hazardous waste source reduction. (b) The department shall…
- § 25244.15.1 (a) The California Pollution Prevention Advisory Committee is hereby created and consists of the following members: (1) The Executive Director of the State Air…
- § 25244.16 The department shall do both of the following: (a) Adopt a format to be used by generators for completing the review and plan required by Section 25244.19, and…
- § 25244.17 The department may establish a technical and research assistance program to assist businesses in identifying and applying methods of pollution prevention. The…
- § 25244.17.1 The department may establish a technical assistance and outreach program to promote implementation of model pollution prevention measures in priority business…
- § 25244.17.2 (a) (1) The department may provide pollution prevention training and resources to CUPAs, small business development corporations, business environmental…
- § 25244.18 (a) The department or the unified program agency may request from any generator, and the generator shall provide within 30 days from the date of the request, a…
- § 25244.19 (a) On or before September 1, 1991, and every four years thereafter, each generator shall conduct a source reduction evaluation review and plan pursuant to…
- § 25244.20 (a) On or before September 1, 1991, and every four years thereafter, each generator shall prepare a hazardous waste management performance report documenting…
- § 25244.21 (a) Every generator shall retain the original of the current review and plan and report, shall maintain a copy of the current review and plan and report at…
- § 25244.22 (a) The department may, on a periodic basis, prepare and make available for public review a draft work plan for the department’s operations and activities in…
- § 25244.23 (a) (1) The department shall adopt regulations to ensure that trade secrets designated by a generator in all or a portion of the review and plan or the report…
ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities §§ 25245–25249 · 8 sections
- § 25245 (a) The department shall adopt, and revise when appropriate, standards and regulations which shall do both of the following: (1) Specify the financial…
- § 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…
- § 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…
- § 25246.1 (a) (1) The department shall request, and an owner or operator of a facility shall submit to the department for review and approval, a written cost estimate…
- § 25246.2 (a) All of the following requirements apply if a written cost estimate for corrective action is required pursuant to Section 25246.1: (1) A corrective action…
- § 25247 (a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the…
- § 25248 The owner or operator of a facility for which closure and postclosure plans have been approved shall carry out the plans during the closure and postclosure…
- § 25249 On the effective date of this article, any operator subject to former Division 7.5 (commencing with Section 14000) of the Water Code shall be subject to this…
ARTICLE 12.5. The Perchlorate Contamination Prevention Program §§ 25249.1–25249.2 · 2 sections
- § 25249.1 For the purposes of this article, the following definitions shall apply: (a) “Management” means disposal, storage, packaging, processing, pumping, recovery,…
- § 25249.2 On or before July 1, 2004, the owner or operator of a perchlorate facility, located within a 5-mile radius of a public drinking water well that has been found…
ARTICLE 13. Management of Used Oil §§ 25250–25250.30 · 27 sections
- § 25250 (a) The Legislature finds that almost 100 million gallons of used oil is generated each year in the state; that this oil is a valuable petroleum resource which…
- § 25250.1 (a) As used in this article, the following terms have the following meanings: (1) (A) “Used oil” means all of the following: (i) Oil that has been refined from…
- § 25250.3 Any virgin oil product or partially refined product, which has not been previously used, which has become contaminated with nonhazardous impurities such as…
- § 25250.4 (a) Used oil shall be managed as a hazardous waste in accordance with the requirements of this chapter, unless one of the following applies: (1) The used oil…
- § 25250.5 (a) The disposal of used oil by discharge to sewers, drainage systems, surface water or groundwater, watercourses, or marine waters; by incineration or burning…
- § 25250.7 (a) Except as provided in subdivision (b) or (c), no person who generates, stores, or transfers used oil shall intentionally contaminate used oil with other…
- § 25250.9 (a) (1) Except as provided in subdivision (b), a hazardous waste transporter who transports used oil shall provide a written notification in the form below to…
- § 25250.10 Every registered hazardous waste hauler who transports used oil shall report to the department, on or before March 1 of each year, the following information on…
- § 25250.11 (a) Any person who receives used oil from consumers or other used oil generators, is exempt from hazardous waste facilities permit requirements imposed…
- § 25250.12 Used oil generated during maintenance operations may be transferred from its point of generation to the maintenance person’s place of business, other than a…
- § 25250.13 Notwithstanding any provision of this chapter, a transfer facility, as defined in paragraph (3) of subdivision (a) of Section 25123.3, that accepts used oil…
- § 25250.15 (a) Any person operating a refuse removal vehicle or a curbside collection vehicle used to collect or transport used oil which has been generated as a…
- § 25250.16 (a) No person may recycle used oil without obtaining authorization from the department pursuant to Section 25200 or 25200.5, or unless exempted pursuant to…
- § 25250.17 (a) Unless the facility meets the requirements of Section 25250.11, each used oil recycling, storage, or transfer facility shall submit a report, on or before…
- § 25250.18 (a) Any person who transports recycled oil or oil exempted pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall maintain with each shipment a…
- § 25250.19 (a) (1) A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to…
- § 25250.20 Any person whose permit or registration has been revoked may not apply for a new or renewed permit or registration for a period of one year after the…
- § 25250.21 Any person whose permit or registration has been revoked may not serve in the employ of a hazardous waste hauler or used oil recycler during the period of…
- § 25250.22 (a) Notwithstanding any other provision of state law, and to the extent consistent with the federal act, a filter that contains a residue of gasoline or diesel…
- § 25250.23 Any person who transports used oil shall register as a hazardous waste hauler and, unless specifically exempted or unless the used oil is not regulated by the…
- § 25250.24 (a) A person who generates, receives, stores, transfers, transports, treats, or recycles used oil, unless specifically exempted or unless the used oil is not…
- § 25250.25 (a) Any person who manufactures containers which are produced specifically for the noncommercial storage or transportation of used oil and which are sold in…
- § 25250.26 (a) Every generator of used oil, other than the owner or operator of a used oil collection center, as defined in Section 48622 of the Public Resources Code, or…
- § 25250.27 (a) Nothing in this article prohibits a generator from managing and transporting used oil, to the extent consistent with federal law, in accordance with…
- § 25250.28 (a) For purposes of this section, “automated onboard oil management system” means a system designed to extend the intervals between necessary oil changes and…
- § 25250.29 (a) Except as provided in subdivisions (b) and (g), before a load of used oil is shipped to a transfer facility, recycling facility, or facility located out of…
- § 25250.30 A used oil recycling facility located out of state that is registered or certified in accordance with Section 48662 of the Public Resources Code may enter into…
ARTICLE 13.5. Motor Vehicle Brake Friction Materials §§ 25250.50–25250.65 · 11 sections
- § 25250.50 For purposes of this article, the following definitions shall apply: (a) (1) “Advisory committee” means a committee of nine members appointed by the secretary…
- § 25250.51 (a) On and after January 1, 2014, any motor vehicle brake friction materials containing any of the following constituents in an amount that exceeds the…
- § 25250.52 On and after January 1, 2021, any motor vehicle brake friction materials exceeding 5 percent copper by weight shall not be sold in this state, except as…
- § 25250.53 On and after January 1, 2025, any motor vehicle brake friction materials exceeding 0.5 percent copper by weight shall not be sold in this state, except as…
- § 25250.54 (a) (1) On and after January 1, 2019, a manufacturer may apply to the department for a one-year, two-year, or three-year extension of the January 1, 2025,…
- § 25250.55 Brake friction materials for the following motor vehicle classes are exempt from this article: (a) Military tactical support vehicles. (b) Vehicles employing…
- § 25250.56 (a) In developing new formulations to comply with Sections 25250.52 and 25250.53, a manufacturer of vehicle brake friction materials shall screen potential…
- § 25250.60 (a) The department shall consult with the brake friction materials manufacturing industry in the development of all criteria for testing and marking brake…
- § 25250.62 (a) A violation of this article by a vehicle manufacturer, a vehicle brake friction materials manufacturer, a distributor, or a retailer, shall be subject to a…
- § 25250.64 (a) The Brake Friction Materials Water Pollution Fund is hereby established in the State Treasury. Notwithstanding Section 25192, all fines and penalties…
- § 25250.65 (a) On or before January 1, 2023, the department and the board shall submit to the Governor and the Legislature, in compliance with Section 9795 of the…
ARTICLE 14. Green Chemistry §§ 25251–25257.2 · 17 sections
- § 25251 For purposes of this article, the following definitions apply: (a) “Chemical manufacturer” means a person who manufactures a chemical or chemical ingredient…
- § 25252 (a) On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical…
- § 25252.5 (a) Except as provided in subdivision (f), the department, in adopting the regulations pursuant to Sections 25252 and 25253, shall prepare a multimedia life…
- § 25253 (a) (1) On or before January 1, 2011, the department shall adopt regulations pursuant to this section that establish a process for evaluating chemicals of…
- § 25253.5 The department shall revise its 2015–17 Priority Product Work Plan to include lead acid batteries for consideration and evaluation as a potential priority…
- § 25253.6 The Legislature hereby declares that it is the policy goal of the state to ensure the safety of consumer products sold in California through timely…
- § 25253.7 (a) (1) The department may issue a formal request for information from product manufacturers. The request shall be accompanied by a brief statement on why the…
- § 25253.9 Subject to an appropriation by the Legislature for purposes of this section, the department shall include in each Priority Product Work Plan, commencing with…
- § 25254 (a) In implementing this article, the department shall establish a Green Ribbon Science Panel. The panel shall be composed of members whose expertise shall…
- § 25255 The panel may take any of the following actions: (a) Advise the department and the council on scientific and technical matters in support of the goals of this…
- § 25256 The department shall establish the Toxics Information Clearinghouse, which shall provide a decentralized, Web-based system for the collection, maintenance, and…
- § 25256.1 On or before January 1, 2011, the office shall evaluate and specify the hazard traits and environmental and toxicological end-points and any other relevant…
- § 25256.2 (a) The department shall develop requirements and standards related to the design of the clearinghouse and data quality and test methods that govern the data…
- § 25256.3 The department shall consult with other states, the federal government, and other nations to identify available data related to hazard traits and environmental…
- § 25257 (a) A person providing information pursuant to this article may, at the time of submission, identify a portion of the information submitted to the department…
- § 25257.1 (a) This article does not limit and shall not be construed to limit the department’s or any other department’s or agency’s existing authority over hazardous…
- § 25257.2 (a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and…
ARTICLE 15. Menstrual Products §§ 25258–25258.7 · 8 sections
- § 25258 For the purposes of this article, the following definitions apply: (a) “Department” means the Department of Toxic Substances Control. (b) “Menstrual product”…
- § 25258.1 On or before January 1, 2029, the department shall adopt regulations to implement, interpret, enforce, or make specific this article.
- § 25258.2 On or before January 1, 2027, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of regulated…
- § 25258.3 A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated PFAS.
- § 25258.4 (a) On or before July 1, 2029, a manufacturer of a menstrual product, as defined in this article, shall register with the department and provide to the…
- § 25258.5 (a) The department shall issue a notice of violation to a person or entity in violation of this article if any of the following occurs: (1) The department’s…
- § 25258.6 (a) A violation of this article is punishable by a civil and administrative penalty. (b) The department shall determine, on a case-by-case basis, the…
- § 25258.7 (a) On and after December 31, 2026, a manufacturer of disposable tampons or pad products shall maintain information regarding the concentrations of all of the…
ARTICLE 17. Photovoltaic Modules § 25259 · 1 section
- § 25259 The department may, by regulation, designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those…