Health and Safety Code — Part 52 | HSC — United States — California law | Esheria

Health and Safety Code

Part 52 of 87 · provisions 10,201–10,400

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 24178.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section limits when medical experiments can use surrogate consent and sets rules for who may consent, how disagreements are handled, and when the chapter does not apply.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24178. (a) Except for this section and the requirements set forth in Sections 24172 and 24176, this chapter shall not apply to any person who is conducting a medical experiment as an investigator within an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations. (b) Subdivisions (c) and (e) shall apply only to medical experiments that relate to the cognitive impairment, lack of capacity, or serious or life-threatening diseases and conditions of research participants. (c) For purposes of obtaining informed consent required for medical experiments in a nonemergency room environment, and pursuant to subdivision (a), if a person is unable to consent and does not express dissent or resistance to participation, surrogate informed consent may be obtained from a surrogate decisionmaker with reasonable knowledge of the subject, who shall include any of the following persons, in the following descending order of priority: (1) The person’s agent pursuant to an advance health care directive. (2) The conservator or guardian of the person having the authority to make health care decisions for the person. (3) The spouse of the person. (4) An individual as defined in Section 297 of the Family Code. (5) An adult son or daughter of the person. (6) A custodial parent of the person. (7) Any adult brother or sister of the person. (8) Any adult grandchild of the person. (9) An available adult relative with the closest degree of kinship to the person. (d) (1) When there are two or more available persons who, pursuant to subdivision (c), may give surrogate informed consent and who are in the same order of priority, if any of those persons expresses dissent as to the participation of the person in the medical experiment, consent shall not be considered as having been given. (2) When there are two or more available persons who are in different orders of priority pursuant to subdivision (c), refusal to consent by a person who is a higher priority surrogate shall not be superseded by the consent of a person who is a lower priority surrogate. (e) For purposes of obtaining informed consent required for medical experiments in an emergency room environment, and pursuant to subdivision (a), if a person is unable to consent and does not express dissent or resistance to participation, surrogate informed consent may be obtained from a surrogate decisionmaker who is any of the following persons: (1) The person’s agent pursuant to an advance health care directive. (2) The conservator or guardian of the person having the authority to make health care decisions for the person. (3) The spouse of the person. (4) An individual defined in Section 297 of the Family Code. (5) An adult son or daughter of the person. (6) A custodial parent of the person. (7) Any adult brother or sister of the person. (f) When there are two or more available persons described in subdivision (e), refusal to consent by one person shall not be superseded by any other of those persons. (g) Surrogate decisionmakers described in this section shall exercise substituted judgment, and base decisions about participation in accordance with the person’s individual health care instructions, if any, and other wishes, to the extent known to the surrogate decisionmaker. Otherwise, the surrogate decisionmaker shall make the decision in accordance with the person’s best interests. In determining the person’s best interests, the decisionmaker shall consider the person’s personal values and his or her best estimation of what the person would have chosen if he or she were capable of making a decision. (h) Research conducted pursuant to this section shall adhere to federal regulations governing informed consent pursuant to Section 46.116 of Title 45 of the Code of Federal Regulations. (i) Any person who provides surrogate consent pursuant to subdivisions (c) and (e) may not receive financial compensation for providing the consent. (j) Subdivisions (c) and (e) do not apply to any of the following persons, except as otherwise provided by law: (1) Persons who lack the capacity to give informed consent and who are involuntarily committed pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (2) Persons who lack the capacity to give informed consent and who have been voluntarily admitted or have been admitted upon the request of a conservator pursuant to Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of the Welfare and Institutions Code. (Amended by Stats. 2003, Ch. 397, Sec. 3. Effective January 1, 2004.)
  2. 24179.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This chapter does not apply to a pharmacist dispensing drugs on a prescription.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24179. This chapter shall not apply to a pharmacist dispensing drugs upon a prescription. (Added by Stats. 1978, Ch. 360.)
  3. 24179.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This chapter does not apply to an adult in a terminal condition who signs a directive to withhold or withdraw life-sustaining procedures under Section 7188.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24179.5. Notwithstanding any other provision of this chapter, this chapter does not apply to an adult in a terminal condition who executes a directive directing the withholding or withdrawal of life-sustaining procedures pursuant to Section 7188. To the extent of any conflict, Division 4.7 (commencing with Section 4600) of the Probate Code prevails over the provisions of this chapter. (Amended by Stats. 1999, Ch. 658, Sec. 8. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  4. 24185.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.4. Human Cloning [24185 - 24187] ( Chapter 1.4 added by Stats. 1997, Ch. 688, Sec. 5. )

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    No person may clone a human being, engage in human reproductive cloning, or buy or sell an ovum, zygote, embryo, or fetus for that purpose. The department may adopt and update regulations defining human reproductive cloning.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.4. Human Cloning [24185 - 24187] ( Chapter 1.4 added by Stats. 1997, Ch. 688, Sec. 5. ) ## 24185. (a) No person shall clone a human being or engage in human reproductive cloning. (b) No person shall purchase or sell an ovum, zygote, embryo, or fetus for the purpose of cloning a human being. (c) For purposes of this chapter, the following definitions apply: (1) “Clone” means the practice of creating or attempting to create a human being by transferring the nucleus from a human cell from whatever source into a human or nonhuman egg cell from which the nucleus has been removed for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being. (2) “Department” means the State Department of Health Services. (3) “Human reproductive cloning” means the creation of a human fetus that is substantially genetically identical to a previously born human being. The department may adopt, interpret, and update regulations, as necessary, for purposes of more precisely defining the procedures that constitute human reproductive cloning. (Amended by Stats. 2002, Ch. 821, Sec. 4. Effective January 1, 2003.)
  5. 24186.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.4. Human Cloning [24185 - 24187] ( Chapter 1.4 added by Stats. 1997, Ch. 688, Sec. 5. )

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    The department must create an advisory committee on human cloning and biotechnology, and the committee must meet membership and reporting requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.4. Human Cloning [24185 - 24187] ( Chapter 1.4 added by Stats. 1997, Ch. 688, Sec. 5. ) ## 24186. (a) (1) The department shall establish an advisory committee for purposes of advising the Legislature and the Governor on human cloning and other issues relating to human biotechnology. The committee shall be composed of at least nine members, appointed by the Director of Health Services, who shall serve without compensation. (2) The committee shall include at least one representative from the areas of medicine, religion, biotechnology, genetics, law, and from the general public. The committee shall also include not less than three independent bioethicists who possess the qualifications described in paragraph (3). (3) The independent bioethicists selected to serve on the committee shall reflect a representative range of religious and ethical perspectives in California regarding the issues of human cloning and human biotechnology. An independent bioethicist serving on the advisory committee shall not be employed by, consult with or have consulted with, or have any direct or indirect financial interest, in any corporation engaging in research relating to human cloning or human biotechnology. A person with any affiliation to the grant-funded cloning research programs operated by the University of California or the California State University is also prohibited from serving as a bioethicist on the advisory committee. (b) On or before December 31, 2003, and annually thereafter, the department shall report to the Legislature and the Governor regarding the activities of the committee. (c) The activities of the committee shall, to the extent that funds are available, be funded by the department out of existing resources. (Added by Stats. 2002, Ch. 821, Sec. 5. Effective January 1, 2003.)
  6. 24187.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.4. Human Cloning [24185 - 24187] ( Chapter 1.4 added by Stats. 1997, Ch. 688, Sec. 5. )

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    For violations of Section 24185, the State Director of Health Services may, after notice and a hearing opportunity, impose administrative penalties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.4. Human Cloning [24185 - 24187] ( Chapter 1.4 added by Stats. 1997, Ch. 688, Sec. 5. ) ## 24187. For violations of Section 24185, the State Director of Health Services may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties as follows: (a) If the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, by a civil penalty of not more than one million dollars ($1,000,000) or the applicable amount under subdivision (c), whichever is greater. (b) If the violator is an individual, by a civil penalty of not more than two hundred fifty thousand dollars ($250,000) or the applicable amount under subdivision (c), whichever is greater. (c) If any violator derives pecuniary gain from a violation of this section, the violator may be assessed a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by two. (d) The administrative penalties shall be paid to the General Fund. (Added by Stats. 1997, Ch. 688, Sec. 5. Effective January 1, 1998.)
  7. 24210.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

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    This section creates the Forced or Involuntary Sterilization Compensation Program and assigns its administration to the California Victim Compensation Board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24210. (a) There is hereby established the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board. (b) The purpose of the program is to provide victim compensation to the following individuals: (1) Any survivor of state-sponsored sterilization conducted pursuant to eugenics laws that existed in the State of California between 1909 and 1979. (2) Any survivor of coercive sterilization performed on an individual under the custody and control of the Department of Corrections and Rehabilitation after 1979. (c) For purposes of this chapter, the following definitions apply: (1) “Board” means the California Victim Compensation Board. (2) “Program” means the Forced or Involuntary Sterilization Compensation Program. (3) “Qualified recipient” means an individual who is eligible for victim compensation pursuant to this chapter by meeting the following requirements of either eligibility as a survivor of eugenics sterilization or as a survivor of coercive sterilization of imprisoned populations: (A) Eligibility as a survivor of eugenics sterilization requires an individual to meet all of the following requirements: (i) The individual was sterilized pursuant to eugenics laws that existed in the State of California between 1909 and 1979. (ii) The individual was sterilized while the individual was at a facility under the control of the State Department of State Hospitals or the State Department of Developmental Services, including any of the following institutions: (I) Agnews Developmental Center, formerly known as Agnews State Mental Hospital. (II) Atascadero State Hospital. (III) Camarillo State Hospital and Developmental Center. (IV) DeWitt State Hospital. (V) Fairview Developmental Center, formerly known as Fairview State Hospital. (VI) Mendocino State Hospital. (VII) Modesto State Hospital. (VIII) Napa State Hospital, formerly known as Napa State Asylum for the Insane. (IX) Metropolitan State Hospital, formerly known as Norwalk State Hospital. (X) Frank D. Lanterman State Hospital and Developmental Center, formerly known as Pacific State Hospital or Pacific Colony. (XI) Patton State Hospital, formerly known as Southern California State Asylum for the Insane and Inebriates. (XII) Porterville Developmental Center, formerly known as Porterville State Hospital. (XIII) Sonoma Developmental Center, formerly known as Sonoma State Hospital, Sonoma State Home, or California Home for the Care and Training of the Feeble Minded. (XIV) Stockton Developmental Center, formerly known as Stockton State Hospital. (iii) The individual is alive as of the start date of the program. (B) Eligibility as a survivor of coercive sterilization of imprisoned populations requires an individual to meet all of the following requirements: (i) The individual was sterilized while under the custody and control of the Department of Corrections and Rehabilitation and imprisoned in a state prison or reentry facility, community correctional facility, county jail, or any other institution in which they were involuntarily confined or detained under a civil or criminal statute. (ii) The sterilization was not required for the immediate preservation of the individual’s life in an emergency medical situation. (iii) The sterilization was not the consequence of a chemical sterilization program administered to convicted sex offenders. (iv) The individual’s sterilization meets one of the following requirements: (I) The individual was sterilized for a purpose that was not medically necessary, as determined by contemporaneous standards of evidence-based medicine. (II) The individual was sterilized for the purpose of birth control. (III) The individual was sterilized without demonstrated informed consent, for which evidence of a lack of consent includes, but is not limited to, the following: (ia) Procurement of a pregnant individual’s written consent within 30 days of anticipated or actual labor or delivery or less than 72 hours before emergency abdominal surgery and premature delivery. (ib) Procurement of an individual’s written consent less than 30 days before sterilization. (ic) Failure of the prison administration to document written informed consent signed by the imprisoned individual. (id) Failure of the prison administration to document the use of interpreters for non-English speakers to ensure understanding by the imprisoned individual of the medical treatment being consented to. (ie) Failure of the prison administration to document the counseling of the imprisoned individual on, and offering a consultation of, treatment options that would not result in loss of reproductive capacity. (if) Failure of the prison administration to document written informed consent to sterilization signed by the imprisoned individual if sterilization is performed in conjunction with or in addition to other surgery. (ig) Failure of prison staff, employees, or agents to comply with requirements of Section 3440 of the Penal Code after its enactment, designed to prohibit and deter coercive sterilization of people in prison. (IV) The sterilization was performed by means that are otherwise prohibited by law or regulation. (4) “Start date of the program” means the date the program becomes operative pursuant to Section 24212. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  8. 24211.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

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    The board must run the compensation program, verify applications, protect confidential information, notify eligible people, report annually, and set up claim-processing procedures within six months.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24211. (a) The board shall do all of the following to implement the program: (1) In consultation with community-based organizations, conduct outreach to locate qualified recipients and notify the qualified recipients of the process through which to apply for victim compensation. The board may use various methods to conduct outreach, including, but not limited to, modalities such as radio announcements, social media posts, and flyers to libraries, social service agencies, long-term care facilities, group homes, supported living organizations, regional centers, and reentry programs. Additionally, the Department of Corrections and Rehabilitation shall post notice of the program, qualifications, and claim process in all California parole and probation offices, and all state prison yards in an area accessible to the prison population. (2) Review and verify all applications for victim compensation. (A) The board shall consult the HIPAA-compliant eugenic sterilization database developed by the Sterilization and Social Justice Lab at the University of Michigan and may consult records of the State Archives to verify the identity of an individual claiming the individual was sterilized pursuant to eugenics laws during the period of 1919 to 1952, inclusive. (B) The board shall consult the records of the State Department of State Hospitals and the State Department of Developmental Services to verify the identity of an individual claiming to have been sterilized pursuant to eugenics laws during the period of 1953 to 1979, inclusive. The State Department of State Hospitals and the State Department of Developmental Services shall make every reasonable effort to locate and share with the board records that will help the board verify claims of individuals sterilized in state institutions from 1953 to 1979, inclusive. This information shall be provided to the board pursuant to the authorizations described in subdivision (aa) of Section 4514 of the Welfare and Institutions Code and paragraph (26) of subdivision (a) of Section 5328 of the Welfare and Institutions Code. The information may include, but is not limited to, documentation of the individual’s sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. These data may be contained in documents such as institutional reports, annual reports, extant patient records, superintendents’ files, and administrative records. The board shall maintain the confidentiality of any information received from the State Department of State Hospitals and the State Department of Developmental Services in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and Sections 4514 and 5328 of the Welfare and Institutions Code. (C) The board shall consult the records obtained, collected, and considered within the state audit into coercive sterilizations in California women’s prisons to verify the identity of individuals under the custody and control of the Department of Corrections and Rehabilitation who were coercively sterilized during labor and delivery within the scope and timeframe considered by the audit. (D) The board shall consult with the Federal Receiver for Inmate Medical Services and the Department of Corrections and Rehabilitation to identify individuals who were coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation. (E) The board shall consult the records of the Department of Corrections and Rehabilitation and its contracting medical facilities or providers, as necessary, to verify the identity of an individual claiming to have been coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation. The Department of Corrections and Rehabilitation shall make every reasonable effort to locate and share with the board records that will help the board verify claims of individuals sterilized while under state custody and control. (F) The board shall allow a claimant to submit evidence that proves the claimant was either sterilized during the period of 1919 to 1979, inclusive, or was coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation after 1979. The board shall evaluate this evidence by a preponderance of the evidence standard to determine whether it is more likely than not that the claimant is a qualified recipient. The claimant’s submission of evidence does not relieve the board of its responsibility to verify an individual’s identity by consulting the resources described in subparagraphs (A) through (E), inclusive. (G) The board shall not have the discretion to deny compensation to any claimant who is a qualified recipient. (3) Include an area on the application for a claimant to voluntarily report demographic information about gender, race, ethnicity, disability, age, sexual orientation, and gender identity. (4) Affirmatively identify and disclose coercive sterilizations that occurred in California prisons. (A) The board shall affirmatively employ the measures outlined in subparagraphs (C) and (D) of paragraph (2) to identify qualified recipients who were sterilized while in the custody and control of the Department of Corrections and Rehabilitation after 1979 and who have not personally or through an agent filed a claim for compensation. (B) Upon identifying a qualified recipient, the board shall consult with other state and federal agencies and departments to determine contact information for the individual for purposes of disclosing the sterilization. To the extent permitted by federal law governing confidentiality of the applicable information, the board shall consult with additional entities, including, but not limited to, the Department of Corrections and Rehabilitation, the Employment Development Department, the Department of Motor Vehicles, the California Secretary of State, the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Department of Justice, and the Social Security Administration. (C) In consultation with community-based prisoner advocacy organizations and municipal health agencies responsible for communicating risk of exposure to communicable diseases, the board shall develop a culturally competent and technologically appropriate mechanism of disclosing the sterilization and available compensation to qualified recipients. The notification protocol and procedure shall require access to free counseling, culturally and linguistically appropriate notification, and a diversity of communications technologies to maximize the likelihood that disclosure is successfully relayed to the individual. If the review of an individual’s qualifications was initiated at an individual’s request by the individual’s physician, that physician shall be consulted and included in the notification and disclosure process. (D) Upon identifying a qualified recipient who has not already submitted a claim for compensation and obtaining the qualified recipient’s contact information, the board shall contact the municipal health agency responsible for communicating possible exposure to communicable diseases in that qualified recipient’s geographic area when developing the notification protocol pursuant to subparagraph (C). (E) Any notification protocol shall include notice of the availability of compensation under this chapter and information on how to submit a claim. (5) Oversee the appeal process. (b) (1) The board shall annually submit a report to the Legislature, including the number of applications submitted, the number of qualified individuals identified who have not filed an application and for whom disclosure is required, the number of disclosures communicated, the number of applications approved, the number of applications denied, the number of claimants paid, the number of appeals submitted, the result of those appeals, and the total amount paid in compensation. (2) The report shall also include data on claimants’ demographic information, including gender, race, ethnicity, disability, age, sexual orientation, and gender identity, as voluntarily provided on a claimant’s application form. The report shall also include data about the age a claimant was sterilized and the facility where sterilization occurred, as verified by the board. Demographic information shall be reported in aggregate and the names of individual claimants shall be kept confidential. (3) The report shall also include data on outreach methods or processes used by the board to reach potential claimants. (4) The report shall be submitted in compliance with Section 9795 of the Government Code. (5) The report shall be made available to the public. (c) (1) The board shall develop and implement procedures to receive and process applications for victim compensation under this program no later than six months after the start date of the program. (2) The board shall implement the outreach plan described in paragraph (4) of subdivision (a) beginning six months after the start date of the program. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  9. 24212.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

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    This section makes the chapter operative only after the needed appropriation, requires specified board and departments to post a notice on their websites, and creates an account for the program in the State Treasury administered by the California Victim Compensation Board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24212. (a) This chapter shall become operative only upon an appropriation in the annual Budget Act or any other act approved by the Legislature for the express purpose of implementing this chapter. Upon appropriation, the board and departments specified in this chapter shall each post a notice on their internet websites informing the public of the date on which the program became operative. (b) The Forced or Involuntary Sterilization Compensation Account is hereby established in the State Treasury, and shall be administered by the California Victim Compensation Board. Any funds appropriated for purposes of this chapter shall be held in this account and shall be used for the purpose of implementing this chapter. Any costs incurred by any state department or agency for these purposes may be reimbursed from this account. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  10. 24213.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

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    This section sets deadlines and steps for filing, screening, appealing, and paying victim-compensation claims under the program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24213. (a) (1) An individual seeking victim compensation pursuant to the program shall submit an application to the board beginning six months after the start date of the program and no later than two years and six months after the start date of the program. (2) An individual incarcerated or otherwise under the control of the Department of Corrections and Rehabilitation at the time of filing an application need not exhaust administrative remedies before submitting an application for, or receiving, victim compensation pursuant to the program and shall not be disqualified from receiving compensation based on the individual’s incarcerated status. (3) The board shall screen the application and accompanying documentation for completeness. If the board determines that an application is incomplete, it shall notify the claimant or the claimant’s lawfully authorized representative that the application is not complete in writing by certified mail no later than 30 calendar days following the screening of the application. The notification shall specify the additional documentation required to complete the application. If the application is incomplete, the claimant shall have 60 calendar days from the receipt of the notification to submit the required documentation. If the required documentation is not received within 60 calendar days, the application will be closed and the claimant shall submit a new application if the claimant seeks victim compensation pursuant to the program, to be reviewed without prejudice. (4) The board shall not consider an application or otherwise act on it until the board determines the application is complete with all required documentation. (5) If a claimant receives an adverse claim decision, the claimant may file an appeal to the board no later than January 1, 2025. After receiving the appeal, the board shall again attempt to verify the claimant’s identity pursuant to paragraph (2) of subdivision (a) of Section 24211. If the claimant’s identity cannot be verified, then the claimant shall produce sufficient evidence to establish, by a preponderance of the evidence, that it is more likely than not that the claimant is a qualified recipient. This evidence may include, but is not limited to, documentation of the individual’s sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. The board shall make a determination on the appeal within 30 days of the date of the appeal and notify the claimant of the decision. A claimant who is successful in an appeal shall receive compensation in accordance with subdivision (b). (6) The board shall do an additional review of previously denied claims or appeals upon request by the claimant with a showing of good cause. A court ruling subsequent to the board’s denial on an issue forming a basis of the board’s denial is presumed to be good cause for an additional review. A claimant may request an additional review no later than January 1, 2025. A claimant who is found to be a qualified recipient pursuant to an additional review shall receive compensation in accordance with subdivision (b). (b) The board shall award victim compensation to a qualified recipient pursuant to the following payment schedule: (1) A claimant who is determined to be a qualified recipient by the board shall receive an initial payment within 60 days of the board’s determination. This initial payment shall be calculated by dividing the funds described in subdivision (b) of Section 24212 for victim compensation payments by the anticipated number of qualified recipients who are expected to apply for compensation, as determined by the board, and then dividing that dollar amount in half. (2) The board shall send a final payment to each qualified recipient in the amount of twenty thousand dollars ($20,000). (c) The board shall conclude the program after exhaustion of all appeals arising from the denial of an individual’s application, but by no later than January 1, 2026. (d) On or before January 1, 2025, the board shall report to the Joint Legislative Budget Committee on the outcome of the study conducted pursuant to paragraph (28) of subdivision (e) of Section 19.57 of the Budget Act of 2021. (1) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 997, Sec. 14. (AB 179) Effective September 30, 2024. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  11. 24214.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

    Verify source ↗

    A qualified recipient may assign victim compensation to a trust, and a claimant may name a beneficiary for the compensation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24214. (a) A qualified recipient may assign victim compensation to a trust established for the qualified recipient’s benefit. (b) (1) The board shall include a provision on the application for victim compensation under this program that a claimant is authorized to designate a beneficiary for the claimant’s victim compensation. (2) If the claimant dies during the pendency of the claimant’s application, or after the board determines that the claimant is a qualified recipient, the board shall award the victim compensation to the named beneficiary. If the claimant did not name a beneficiary, then the victim compensation shall remain with the board for expenditure in accordance with subdivision (b) of Section 24213. (c) An application may be made by an individual’s legally authorized representative if the individual satisfies the criteria for a qualified recipient, as specified in subdivision (c) of Section 24210. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  12. 24215.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

    Verify source ↗

    Three state departments must establish markers or plaques at designated sites to acknowledge wrongful sterilization under eugenics policies and in California women’s prisons.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24215. The State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation, in consultation with stakeholders, including at least one member and one advocate of those who were sterilized under California’s eugenics laws between 1909 to 1979, inclusive, and of those who were sterilized without proper authorization while imprisoned in California state prisons after 1979, shall establish markers or plaques at designated sites that acknowledge the wrongful sterilization of thousands of vulnerable people under eugenics policies and the subsequent sterilization of people in California’s women’s prisons caused, in part, by the forgotten lessons of the harms of the eugenics movement. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  13. 24216.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

    Verify source ↗

    The board must keep victim-compensation application records confidential and not disclose them to the public, except that aggregated claimant information and the annual report may be publicly disclosed without violating this section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24216. The board shall keep confidential and not disclose to the public any record pertaining to either an individual’s application for victim compensation or the board’s verification of the application, including, but not limited to, claimant names and demographic information submitted on the application. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 is not a violation of this section. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  14. 24217.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

    Verify source ↗

    Payments made to a qualified recipient under this program are not treated as taxable income, benefits-eligibility income/resources, community property, or subject to several collection actions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24217. (a) Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be considered any of the following: (1) Taxable income for state tax purposes. (2) Income or resources for purposes of determining the eligibility for, or amount of, any benefits or assistance under any state or local means-tested program. (3) Income or resources in determining the eligibility for, or the amount of, any federal public benefits as provided by the Treatment of Certain Payments in Eugenics Compensation Act (42 U.S.C. Sec. 18501). (4) Community property for the purpose of determining property rights under the Family Code and Probate Code. (b) Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be subject to any of the following: (1) Enforcement of a money judgment under state law. (2) A money judgment in favor of the State Department of Health Care Services for any period of time in which federal law or guidance has not been issued by the federal Centers for Medicare and Medicaid Services requiring the department to recover funds from the payments pursuant to this chapter for reimbursement of qualifying Medi-Cal expenditures. Following the death of a qualified recipient, both of the following shall apply as long as the federal law or guidance has not been issued: (A) The state shall not seek recovery pursuant to Section 14009.5 of the Welfare and Institutions Code of any amount of the payment under the state’s Medicaid plan established under Title XIX of the Social Security Act. (B) The state shall not file a claim for the payment under Section 529A(f) of the Internal Revenue Code. (3) The collection of owed child support. (4) The collection of court-ordered restitution, fees, or fines. (Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.)
  15. 24218.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. )

    Verify source ↗

    This section makes Chapter 1.6 inoperative on July 1, 2026 and repeals it as of January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program [24210 - 24218] ( Chapter 1.6 added by Stats. 2021, Ch. 77, Sec. 21. ) ## 24218. This chapter shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. (Added by Stats. 2024, Ch. 997, Sec. 15. (AB 179) Effective September 30, 2024. Repealed as of January 1, 2027, by its own provisions Note: Repeal affects Chapter 1.6, commencing with Section 24210.)
  16. 24250.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    Health care provider entities must, where possible, set up or update visitor-monitoring procedures, and staff must promptly route immigration-enforcement and document-review requests to management or legal counsel.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24250. (a) A health care provider entity shall, to the extent possible, establish or amend procedures for monitoring, documenting, and receiving visitors to health care provider entities consistent with this chapter. Health care provider entities are encouraged to post a “notice to authorities” at facility entrances. (b) (1) Health care provider entity personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement. (2) Health care provider entity personnel shall immediately provide any requests for review of health care provider entity documents, including through a lawfully issued subpoena, warrant, or court order, to health care provider entity management, administration, or legal counsel. (3) If a request is made to access a health care provider entity site or patient, including to obtain information about a patient or their family, for immigration enforcement, health care provider entity personnel shall direct that request to the designated health care provider entity management, administrator, or legal counsel. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  17. 24251.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    Health care provider entities must mark certain patient-care areas as nonpublic and limit immigration-enforcement access to those areas unless a valid warrant or court order specifically allows it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24251. (a) To enhance privacy available to facility users and promote a safe environment conducive to the facility’s mission and patient care, a health care provider entity shall designate areas where patients are receiving treatment or care, or where a patient is discussing protected health information, as nonpublic. The facility is encouraged to designate these areas through mapping, signage, key entry, policy, or a combination of those. (b) Unless required by state or federal law, a health care provider entity and its personnel shall not allow any person access to the nonpublic areas of the facility, as described in subdivision (a), for immigration enforcement purposes, unless that person has a valid judicial warrant or court order that specifically grants access to the nonpublic areas of the facility. (c) A health care provider entity and its personnel shall, to the extent possible, have the denial of permission for access to nonpublic areas of the facility pursuant to subdivision (b) witnessed and documented by at least one health care provider entity personnel. (d) Health care provider entities shall inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grants access to health care provider entity sites or to patients. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  18. 24252.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    This section defines “health care provider entity” to include several kinds of hospitals, clinics, physician organizations, providers, integrated health care delivery systems, and other health care providers serving related health, wellness, education, or access-to-justice needs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24252. For purposes of this chapter, “health care provider entity” includes all of the following: (a) (1) Public hospitals, which means a hospital that is licensed to a county, a city, a city and county, the State of California, the University of California, a local health care district, a local health authority, or any other political subdivision of the state. (2) Nonpublic hospitals, which means a hospital that meets both of the following conditions: (A) The hospital does not meet the definition of a public hospital, as defined in paragraph (1). (B) The hospital is licensed as a general acute care hospital, as defined in Section 1250, pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (b) Clinics, as defined in Section 1200 and 1200.1, a clinic licensed pursuant to Section 1204, and a clinic exempt from licensure pursuant to subdivisions (b) and (h) of Section 1206. (c) A physician organization, as defined in subdivision (p) of Section 127500.2. (d) Providers, as defined in subdivision (q) of Section 127500.2. (e) Integrated health care delivery systems, as defined in Section 1182.14 of the Labor Code. (f) Other heath care providers that deliver or furnish services related to physical or mental health and wellness, education, or access to justice. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  19. 24253.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    This section defines “immigration enforcement” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24253. For purposes of this chapter, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  20. 24254.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    The section says it does not prohibit certain hospital access and accompaniment for people in lawful custody or for people entering a hospital to receive care.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24254. This section does not prohibit a person who is in lawful custody from being accompanied to access health care services and for their transportation and arrangement to health care provider entities, and does not prohibit any person from entering nonpublic areas of a hospital to receive care for themselves or someone in their care or custody. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  21. 24255.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    This chapter applies to health care provider entities that receive public funding.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24255. This chapter shall apply to all health care provider entities that receive public funding. All other health care provider entities that are not subject to this chapter are encouraged to adopt the requirements specified in this chapter. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  22. 24256.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    Health care provider entities have 45 days from the chapter’s effective date to comply with the requirements in this section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24256. Health care provider entities shall have 45 days from the effective date of this chapter to comply with the requirements contained herein. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  23. 24257.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. )

    Verify source ↗

    This chapter is severable: if one provision or application is invalid, the rest still applies if it can work without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Patient Access and Protection [24250 - 24257] ( Chapter 2 added by Stats. 2025, Ch. 123, Sec. 3. ) ## 24257. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 123, Sec. 3. (SB 81) Effective September 20, 2025.)
  24. 24275.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. Asbestos Safety [24275- 24275.] ( Chapter 2.5 added by Stats. 1985, Ch. 1587, Sec. 7. )

    Verify source ↗

    The State Department of Health Services must revise the asbestos air-monitoring regulation if it believes revision is needed, and must provide the Office of Public School Construction with sampling methodology for air samples in public school buildings.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. Asbestos Safety [24275- 24275.] ( Chapter 2.5 added by Stats. 1985, Ch. 1587, Sec. 7. ) ## 24275. (a) If the State Department of Health Services believes that the air monitoring standard for asbestos in public school buildings as specified in Section 49410.7 of the Education Code should be revised, it shall promulgate a regulation to that effect. (b) The department shall provide the Office of Public School Construction with appropriate sampling methodology for use in taking air samples in public school buildings. (Amended by Stats. 2012, Ch. 728, Sec. 84. (SB 71) Effective January 1, 2013.)
  25. 24400.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. )

    Verify source ↗

    This section defines “excited delirium” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. ) ## 24400. For the purposes of this chapter, “excited delirium” means a term used to describe a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most current version of the Diagnostic and Statistical Manual of Mental Disorders, or for which the court finds there is insufficient scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited delirium also includes excited delirium syndrome, excited delirium, hyperactive delirium, agitated delirium, and exhaustive mania. (Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
  26. 24401.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. )

    Verify source ↗

    This section bars using excited delirium as a recognized medical diagnosis or cause of death, including on death certificates and in official communications.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. ) ## 24401. (a) Excited delirium shall not be recognized as a valid medical diagnosis or cause of death in this state. (b) A state or local government entity, or employee or contractor of a state or local government entity, shall not document, testify to, or otherwise use in any official capacity or communication excited delirium as a recognized medical diagnosis or cause of death. (c) A coroner, medical examiner, physician, or physician assistant shall not state on the certificate of death, or in any report, that the cause of death was excited delirium. The term excited delirium and terms inclusive of excited delirium defined in Section 24400 shall not be listed anywhere on the death certificate. (Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
  27. 24402.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. )

    Verify source ↗

    Peace officers must not use “excited delirium” in incident reports, though they may describe an individual’s conduct characteristics.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. ) ## 24402. A peace officer shall not use the term excited delirium to describe an individual in an incident report completed by a peace officer. A peace officer may describe the characteristics of an individual’s conduct, but shall not generally describe the individual’s demeanor, conduct, or physical and mental condition at issue as excited delirium. (Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
  28. 24403.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. )

    Verify source ↗

    In a civil action, evidence that someone suffered or experienced excited delirium is inadmissible. A party or witness may describe the surrounding facts, but may not use the term excited delirium to describe or diagnose the person’s condition.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Excited Delirium [24400 - 24403] ( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. ) ## 24403. Pursuant to Section 1156.5 of the Evidence Code, evidence that a person suffered or experienced excited delirium is inadmissible in any civil action. A party or witness may describe the factual circumstances surrounding the case, including a person’s demeanor, conduct, and physical and mental condition at issue, including, but not limited to, a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain, but shall not describe or diagnose such demeanor, conduct, or condition by use of the term excited delirium, or attribute such demeanor, conduct, or physical and mental condition to that term. (Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
  29. 24500.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    This article is called the Infant Crib Safety Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24500. This article shall be known and may be cited as the Infant Crib Safety Act. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  30. 24501.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the Infant Crib Safety Act, including “infant,” “crib,” “full-size crib,” “non-full-size crib,” “person,” and “commercial user.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24501. As used in this article, the following terms have the following meanings: (a) “Infant” means any person less than 35 inches tall and less than three years of age. (b) “Crib” means a bed or containment designed to accommodate an infant. (c) “Full-size crib” means a full-size crib as defined in Section 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs. (d) “Non-full-size crib” means a non-full-size crib as defined in Section 1509.2(b) of Title 16 of the Code of Federal Regulations regarding the requirements for non-full-size cribs. (e) “Person” means any natural person, firm, corporation, association, or agent or employee thereof. (f) “Commercial user” means any person who deals in full-size or non-full-size cribs of the kind governed by this chapter who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to the full-size or non-full-size cribs governed by this chapter, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce full-size or non-full-size cribs. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  31. 24502.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    Commercial users must not handle or place unsafe full-size or non-full-size cribs into commerce on or after January 1, 1995.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24502. (a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 1995, a full-size or non-full-size crib that is unsafe for any infant using the crib. (b) A crib is presumed to be unsafe pursuant to this article if it does not conform to all of the following: (1) Part 1508 (commencing with Section 1508.1) of Title 16 of the Code of Federal Regulations. (2) Part 1509 (commencing with Section 1509.1) of Title 16 of the Code of Federal Regulations. (3) Part 1303 (commencing with Section 1303.1) of Title 16 of the Code of Federal Regulations. (4) American Society for Testing Materials Voluntary Standards F966-90. (5) American Society for Testing Materials Voluntary Standards F1169-88. (6) Any regulations that are adopted in order to amend or supplement the regulations described in paragraphs (1) to (5), inclusive. (c) Cribs that are unsafe or fail to perform as expected pursuant to subdivision (b) include, but are not limited to, cribs that have any of the following dangerous features or characteristics: (1) Corner posts that extend more than one-sixteenth of an inch. (2) Spaces between side slats more than two and three-eighths inches. (3) Mattress support that can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a 25-pound upward force from underneath the crib. (4) Cutout designs on the end panels. (5) Rail height dimensions that do not conform to the following: (A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least 22.8 centimeters (9 inches). (B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 66 centimeters (26 inches). (6) Any screws, bolts, or hardware that are loose and not secured. (7) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits, or cracks. (8) Non-full-size cribs with tears in mesh or fabric sides. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  32. 24503.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    A commercial user who willfully and knowingly violates Section 24502 is guilty of a misdemeanor and may be fined up to $1,000, starting January 1, 1996. Hotels, motels, and similar transient lodging are not subject to this section until January 1, 1998.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24503. On or after January 1, 1996, any commercial user who willfully and knowingly violates Section 24502 is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000). Hotels, motels, or similar transient lodging shall not be subject to this section until January 1, 1998. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  33. 24504.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    Any person may bring an action to stop a commercial user who violates Section 24502 from remanufacturing, retrofitting, selling, leasing, or subletting an unsafe full-size or non-full-size crib, and may recover reasonable attorney’s fees and costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24504. Any person may maintain an action against any commercial user who violates Section 24502 to enjoin the remanufacture, retrofit, sale, contract to sell, contract to resell, lease, or subletting of a full-size or non-full-size crib that is unsafe for any infant using the crib, and for reasonable attorney’s fees and costs. This section shall not apply to hotels, motels, or similar transient lodging until January 1, 1998. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  34. 24505.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    This section says remedies under this article are additional to any other remedies or procedures otherwise available to an aggrieved party.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24505. Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  35. 24506.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    If part of this article is invalid or unconstitutional, the rest of the article still applies.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 1. Infant Crib Safety Act [24500 - 24506] ( Article 1 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24506. If any provision of this article or the application thereof to any person or circumstances is held invalid or unconstitutional, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  36. 24520.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 2. Shaken Baby Syndrome [24520 - 24522] ( Article 2 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    The Legislature states findings about shaken baby syndrome and says it wants public and private collaboration to develop educational materials and distribute them free to certain health and social service recipients.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 2. Shaken Baby Syndrome [24520 - 24522] ( Article 2 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24520. The Legislature finds and declares all of the following: (a) Shaken baby syndrome is a medically serious, sometimes fatal, matter affecting newborns and very young children. Shaking an infant or child in anger is particularly dangerous. (b) Vigorous shaking of an infant or child can result in bleeding inside the head, causing irreversible brain damage, blindness, cerebral palsy, hearing loss, spinal cord injury, seizures, learning disabilities, and even death. (c) While doctors have long recognized that shaking an infant or child can cause injuries, many adults remain unaware of how dangerous this practice can be. (d) Studies have shown that exposure to materials about the dangers of shaking a baby improved understanding of the effects of shaking an infant or child. (e) Shaken baby syndrome is preventable. Knowledge about shaken baby syndrome can be significantly raised through education and public awareness campaigns. (f) It is the intent of the Legislature to encourage public and private collaboration in developing instructional materials regarding shaken baby syndrome, and to encourage that these materials be supplied to health facilities, midwives, and to the State Department of Social Services free of charge. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  37. 24521.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 2. Shaken Baby Syndrome [24520 - 24522] ( Article 2 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    This section says the article’s purpose is to prevent injuries and deaths to infants and children from shaken baby syndrome by creating a statewide public awareness education campaign.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 2. Shaken Baby Syndrome [24520 - 24522] ( Article 2 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24521. The purpose of this article is to prevent the occurrence of injuries and deaths to infants and children as a result of shaken baby syndrome by creating a statewide public awareness education campaign. The campaign shall include the distribution of readily understandable information and instructional materials regarding shaken baby syndrome, explaining its medical effects upon infants and children and emphasizing preventive measures. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  38. 24522.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 2. Shaken Baby Syndrome [24520 - 24522] ( Article 2 added by Stats. 1994, Ch. 1176, Sec. 2. )

    Verify source ↗

    Health facilities, licensed midwives in home births, and the State Department of Social Services must provide specified shaken baby syndrome information materials free of charge in the situations named in the section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.7. Infant Safety [24500 - 24522] ( Chapter 4.7 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## ARTICLE 2. Shaken Baby Syndrome [24520 - 24522] ( Article 2 added by Stats. 1994, Ch. 1176, Sec. 2. ) ## 24522. (a) Information and instructional materials as described in Section 24521 shall be provided free of charge by each health facility to parents or guardians of each newborn, upon discharge from the health facility. In the event of home birth attended by a licensed midwife, the midwife shall provide the information and instructional materials to the parents or guardians of the newborn. (b) The State Department of Social Services shall provide the information and instructional materials free of charge to child care providers upon licensure and at the time of site visit. (c) The information and instructional materials provided pursuant to this section shall focus upon the serious nature of the risk to infants and young children presented by shaken baby syndrome. (d) The requirement that informational and instructional materials be provided pursuant to this section applies only when those materials have been supplied to those persons or entities that are required to provide the materials. The persons or entities required to provide these materials shall not be subject to any legal cause of action whatsoever based on the requirements of this section. (e) For persons or agencies providing these materials pursuant to this section, this section does not require the provision of duplicative or redundant informational and instructional materials. (Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
  39. 24530.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    This section names the chapter as the Bunk Bed Safety Act of 1999.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24530. This chapter shall be known as and may be cited as the Bunk Bed Safety Act of 1999. (Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
  40. 24531.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    The Legislature states that no state or federal law requires bunk beds for children to be safe, and it notes recalls and child deaths linked to bunk beds.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24531. The Legislature finds and declares the following: (a) No state or federal law exists mandating the safety of bunk beds intended for use by children. (b) Since November 1994, the federal Consumer Product Safety Commission has recalled more than 500,000 bunk beds that posed serious health hazards to children, including thousands manufactured in California. (c) At least 54 children have died from head entrapment in bunk beds since 1990. (Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
  41. 24532.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    This section defines “sale” or “sell” for this chapter, and defines “commercial user” for bunk beds.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24532. (a) As used in this chapter, “sale” or “sell” means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce. (b) As used in this chapter, “commercial user” means any person who deals in or engages in the business of selling bunk beds or who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds. (Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
  42. 24533.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    A commercial user must not sell an unsafe bunk bed, starting June 19, 2000.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24533. (a) No commercial user shall sell, on or after June 19, 2000, a bunk bed that is unsafe for any child using the bunk bed. (b) A bunk bed is presumed to be unsafe for the purposes of this section if it does not conform to federal laws, rules, or regulations relative to safety standards for bunk beds. (Amended by Stats. 2000, Ch. 6, Sec. 2. Effective March 28, 2000.)
  43. 24534.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    A commercial user who willfully and knowingly violates Section 24533 commits an infraction and can be fined up to $1,000.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24534. Any commercial user who willfully and knowingly violates Section 24533 is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000). (Amended by Stats. 2000, Ch. 6, Sec. 3. Effective March 28, 2000.)
  44. 24535.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    Any person may sue a commercial user that violates Section 24533 to stop sale of an unsafe bunk bed and recover reasonable attorney’s fees and costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24535. Any person may maintain an action against any commercial user who violates Section 24533 to enjoin the sale of a bunk bed that is unsafe for any child using the bunk bed, and for reasonable attorney’s fees and costs. This section shall not apply to hotels, motels, or similar transient lodging until July 1, 2003. (Amended by Stats. 2000, Ch. 6, Sec. 4. Effective March 28, 2000.)
  45. 24536.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    This section says the remedies under this article are additional to any other remedies or procedures that may be available under other law to an aggrieved party.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24536. Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party. (Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
  46. 24537.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    This chapter does not apply to bunk beds manufactured before June 19, 2000 if the sale includes a conspicuous disclosure statement with the required warning text.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24537. This chapter does not apply to any bunk bed that was manufactured prior to June 19, 2000, if the sale of the bunk bed is accompanied by a disclosure statement attached in a conspicuous place on the bunk bed that states the following: “This bunk bed does not conform to the Bunk Bed Safety Act of 1999. Exercise caution before you select this product.” (Amended by Stats. 2000, Ch. 6, Sec. 5. Effective March 28, 2000.)
  47. 24538.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. )

    Verify source ↗

    This section says the chapter does not override federal law or federal regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.8. Bunk Beds [24530 - 24538] ( Chapter 4.8 added by Stats. 1999, Ch. 920, Sec. 1. ) ## 24538. Nothing in this chapter shall supersede any provision of federal law or any regulation adopted pursuant to federal law. (Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
  48. 24600.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Product Sales to Minors [24600- 24600.] ( Chapter 5 added by Stats. 2015, Ch. 769, Sec. 1. )

    Verify source ↗

    A person must not sell or otherwise furnish certain vapor devices to anyone under 18, except FDA-approved drugs or medical devices.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Product Sales to Minors [24600- 24600.] ( Chapter 5 added by Stats. 2015, Ch. 769, Sec. 1. ) ## 24600. (a) It is unlawful for a person to sell or otherwise furnish any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age. (b) Subdivision (a) does not prohibit the sale or furnishing of a drug or medical device that has been approved by the federal Food and Drug Administration pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). (c) A violation of this section is an infraction punishable by a fine not exceeding five hundred dollars ($500) for the first violation, by a fine not exceeding one thousand dollars ($1,000) for the second violation, or by a fine not exceeding one thousand five hundred dollars ($1,500) for a third or subsequent violation. (Added by Stats. 2015, Ch. 769, Sec. 1. (AB 216) Effective January 1, 2016.)
  49. 25.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    If an agency issues building standards under this code, it must follow the State Building Standards Law process unless the delegating provision expressly says otherwise.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 25. Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by Stats. 1979, Ch. 1152.)
  50. 25100.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. )

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    The Legislature states that generators of hazardous waste must provide safe disposal.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. ) ## 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 must provide safe disposal. (b) Long-term threats to public health and to air and water quality are posed by the landfill disposal of many types of untreated hazardous wastes and by the inappropriate handling, storage, use, and disposal of hazardous wastes. (c) Extensive technology exists for the safe treatment, neutralization, and destruction of many types of hazardous wastes prior to disposal. (d) Numerous opportunities exist to reduce the amount of hazardous waste generated in the state and to conserve resources through the application of existing source reduction and recycling technology. (e) The people of the state face immense costs as a result of improper hazardous waste handling and disposal practices. (Repealed and added by Stats. 1982, Ch. 89, Sec. 2. Effective March 2, 1982.)
  51. 25101.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. )

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    This section declares the state’s goals for hazardous waste control and says the director has powers needed to secure and maintain authorization for the state program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. ) ## 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 interest to establish regulations and incentives which ensure that the generators of hazardous waste employ technology and management practices for the safe handling, treatment, recycling, and destruction of their hazardous wastes prior to disposal. (b) In order to assist the generators of hazardous waste in meeting the responsibility for the safe disposal of hazardous waste it is necessary to establish the Hazardous Waste Management Council. (c) The Legislature further declares that in order to protect the public of this state and particularly the communities where hazardous wastes are treated and disposed, it is essential to assure full compensation of all people injured or damaged by hazardous wastes. It is therefore necessary that the Hazardous Waste Management Council, created pursuant to Section 25206, make recommendations regarding a system of insurance and mechanisms establishing liability to achieve this result, as required by subdivision (e) of Section 25208. (d) It is in the best interest of the health and safety of the people of the State of California for the state to obtain and maintain authorization to administer a state hazardous waste program in lieu of the federal program pursuant to Section 3006 of Public Law 94-580, as amended, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6926). Therefore, it is the intent of the Legislature that the director shall have those powers necessary to secure and maintain interim and final authorization for the state hazardous waste program pursuant to the requirements of Section 3006 of Public Law 94-580, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6926), and to implement such program in lieu of the federal program. (Repealed and added by Stats. 1982, Ch. 89, Sec. 4. Effective March 2, 1982.)
  52. 25103.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. )

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    The Legislature says people in the state have a fundamental right to access public records.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. ) ## 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 necessary to further the public’s right of access to public records pertaining to hazardous waste management, information, and cleanup, to assure the fullest opportunity for public participation in permitting and other decisions in order to protect public health and the environment. (Added by Stats. 1986, Ch. 1140, Sec. 1.)
  53. 25105.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. )

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    This section says chapter 6.5 does not limit a state or local agency’s authority to enforce or administer laws it is specifically allowed or required to enforce.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. ) ## 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 specifically permitted or required to enforce and administer. (Added by renumbering Section 25172 by Stats. 1982, Ch. 89, Sec. 16. Effective March 2, 1982.)
  54. 25106.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. )

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    This section says this chapter does not override or change Government Code Chapter 3.5, unless another statute expressly says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 1. Findings and Declarations [25100 - 25106] ( Article 1 added by Stats. 1972, Ch. 1236. ) ## 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 2 of the Government Code. (Added by Stats. 1988, Ch. 1631, Sec. 1.)
  55. 25110.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section says the article’s definitions control this chapter’s meaning unless another statute incorporates them by reference, and it uses federal hazardous-waste definitions until the chapter or its implementing regulations define the terms.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110. Unless expressly incorporated by reference by another statute, the definitions in this article govern only the construction of this chapter. Until terms used in this chapter are defined in either this chapter or in regulations adopted to implement this chapter, the corresponding definitions found in the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.) and the regulations adopted pursuant to that act, shall apply to the terms used in this chapter. (Amended by Stats. 1989, Ch. 1436, Sec. 1. Effective October 2, 1989.)
  56. 25110.02.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “acutely hazardous waste” as hazardous waste classified that way in department regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.02. “Acutely hazardous waste” means any hazardous waste classified as an acutely hazardous waste in regulations adopted by the department. (Added by Stats. 1988, Ch. 1631, Sec. 2.)
  57. 25110.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    “Applicant” means a person seeking an original hazardous waste facilities permit or an original hazardous waste hauler’s registration from the department.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.1. “Applicant” means any person seeking an original hazardous waste facilities permit, or an original hazardous waste hauler’s registration from the department to generate, transport, treat, store, recycle, dispose of or handle hazardous waste. (Added by Stats. 1986, Ch. 1304, Sec. 2.)
  58. 25110.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “consolidation site” and lets certain hazardous waste moved from a remote site be treated as generated at the consolidation site only if the generator meets notification, transport, labeling, recordkeeping, and handling conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.10. (a) “Consolidation site” means a site to which hazardous waste initially collected at a remote site, as defined in Section 25121.3, is transported. (b) Hazardous waste initially collected at a remote site and subsequently transported to a consolidation site, which is operated by the generator of the hazardous waste, shall be deemed to be generated at the consolidation site for purposes of this chapter if the generator complies with the notification requirements of subdivision (d) and all of the following conditions are met: (1) The hazardous waste is non-RCRA hazardous waste, or the hazardous waste or its management at the consolidation site is otherwise exempt from, or is not otherwise regulated pursuant to, the federal act. (2) (A) The hazardous waste is not generated through large spill cleanup activities. (B) As used in this paragraph, “large spill cleanup” means a spill cleanup operation that generates more than a total of 275 gallons or 2,500 pounds, whichever is greater, of hazardous waste. (3) The hazardous waste is transported to the consolidation site within 10 days from the date that the generator first begins to actively manage the hazardous waste at the remote site, unless the generator has been granted an extension to the 10-day period. An extension of up to 20 days may be granted by the department, if the generator demonstrates to the department’s satisfaction that more than 10 days is required to collect and transport the hazardous waste to the consolidation site solely for the purpose of facilitating effective and efficient removal, collection, or transportation of the hazardous waste. (4) The hazardous waste is not handled at any interim site en route from the remote site to the consolidation site, except that the hazardous waste may be temporarily held at an interim site pursuant to subdivision (b) of Section 25121.3 and subdivision (e) of Section 25163.3. (5) At the consolidation site, the hazardous waste is managed at all times in accordance with all applicable requirements of this chapter and the regulations adopted by the department pursuant to this chapter. For purposes of Section 25123.3, the accumulation period shall begin on the day that the hazardous waste arrives at the consolidation site. (6) Each container of hazardous waste is labeled at the remote site, in accordance with the regulations adopted by the department pertaining to labeling requirements for generators, and the label remains on the container at all times while the hazardous waste is in the container and in the possession of the generator. Each container shall be labeled with the date that the container reaches the consolidation site. If individual containers are placed into a larger container, the labeling information required pursuant to this paragraph and paragraph (6) of subdivision (b) of Section 25121.3 shall also be placed on the outside of the larger container. If the hazardous waste is transferred to another container, the labeling information required pursuant to this paragraph and paragraph (6) of subdivision (b) of Section 25121.3 shall also be placed on the outside of the new container. (7) The generator maintains at the consolidation site the information specified in paragraphs (1) to (10), inclusive, of subdivision (g) of Section 25163.3 for each shipment of hazardous waste initially collected at a remote site that is received at the consolidation site. This information shall be maintained for at least three years from the date that hazardous waste is received at the consolidation site. For shipments subject to the requirement to be accompanied by a shipment paper pursuant to subdivision (g) of Section 25163.3, the requirements of this paragraph may be fulfilled by maintaining a copy of the shipping paper at the consolidation site. (c) For purposes of paragraph (1) of subdivision (d) of Section 25123.3, the “initial accumulation point” for hazardous waste initially collected at a remote site and subsequently transported to a consolidation site, in accordance with subdivision (b), shall be deemed to be the location where the hazardous waste is first accumulated at the consolidation site. (d) (1) Subdivision (b) of this section and subdivision (b) of Section 25121.3 apply only to a generator who annually submits a notification of the generator’s intent to operate under this exemption, in person or by certified mail, with return receipt requested, to the department and one of the following: (A) The CUPA, if the generator is under the jurisdiction of a CUPA. (B) If the generator is not under the jurisdiction of a CUPA, to the officer or agency authorized pursuant to subdivision (f) of Section 25404.3 to implement and enforce the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404. (2) Any person who submits a notification of their intent to operate under this exemption shall comply with the requirements of this section and Sections 25121.3 and 25163.3. (3) The notification required pursuant to paragraph (1) shall include all of the following information: (A) A general description of the remote location from which the non-RCRA hazardous waste will be initially collected. (B) A description of the type of hazardous waste that may be collected. (C) The location of the consolidation site and the generator ID number for that generator. (D) Significant differences in the generator’s operations from the prior year’s notification. (e) Following the procedures specified in Section 25187, the department may revoke a generator’s authority to operate pursuant to the exemption specified in this section and Sections 25121.3 and 25163.3, if the generator has demonstrated a pattern of failure to meet the requirements of this section and Sections 25121.3 and 25163.3 and the department, or the local officer or agency authorized to enforce this section pursuant to subdivision (a) of Section 25180, has notified the generator of these violations prior to issuing an order pursuant to Section 25187. (Amended by Stats. 2000, Ch. 343, Sec. 2.5. Effective January 1, 2001.)
  59. 25110.10.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “consolidated transporter” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.10.1. For purposes of this chapter, “consolidated transporter” means a hazardous waste transporter registered pursuant to Section 25165 and the regulations adopted by the department who has notified the department pursuant to Section 25165 of its intent to use the consolidated manifesting procedures set forth in Section 25160.2. (Added by Stats. 2001, Ch. 319, Sec. 2. Effective January 1, 2002.)
  60. 25110.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “contained gaseous material” as gas in an enclosed cylinder or other enclosed container, and excludes certain exhaust, flue, vapor, and filtered air or exhaust gas streams.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 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 an enclosed cylinder or other enclosed container. (b) Notwithstanding subdivision (a), “contained gaseous material” does not include any exhaust or flue gas, or other vapor stream, or any air or exhaust gas stream that is filtered or otherwise processed to remove particulates, dusts, or other air pollutants, regardless of the source. (Amended by Stats. 2013, Ch. 76, Sec. 112. (AB 383) Effective January 1, 2014.)
  61. 25110.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “authorized local health officer” as a local health officer authorized by the department under Section 25187.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.2. “Authorized local health officer” means a local health officer authorized by the department pursuant to Section 25187.7. (Added by Stats. 1991, Ch. 886, Sec. 2.)
  62. 25110.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    “Board” means the Board of Environmental Safety established under Section 25125.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.3. “Board” means the Board of Environmental Safety established pursuant to Section 25125. (Added by Stats. 2021, Ch. 73, Sec. 4. (SB 158) Effective July 12, 2021.)
  63. 25110.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    “Buffer zone” means land around a hazardous waste facility where certain land uses and activities are restricted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 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 public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste. (Added by renumbering Section 25110.3 by Stats. 2021, Ch. 73, Sec. 3. (SB 158) Effective July 12, 2021.)
  64. 25110.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “Business” as the conduct of activity, and says it is not limited to commercial or proprietary activity.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.5. “Business” means the conduct of activity and is not limited to a commercial or proprietary activity. (Added by Stats. 1977, Ch. 1039.)
  65. 25110.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “business concern” to include sole proprietorships, corporations, associations, firms, partnerships, trusts, and other commercial organizations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.8. “Business concern” means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization. (Added by Stats. 1986, Ch. 1304, Sec. 3.)
  66. 25110.8.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “Class I violation” as certain serious deviations from hazardous waste requirements, including deviations that create significant threats or could defeat key safety and cleanup purposes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.8.5. “Class I violation” means any of the following: (a) A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is any of the following: (1) The deviation represents a significant threat to human health or safety or the environment because of one or more of the following: (A) The volume of the waste. (B) The relative hazardousness of the waste. (C) The proximity of the population at risk. (2) The deviation is significant enough that it could result in a failure to accomplish any of the following: (A) Ensure that hazardous waste is destined for, and delivered to, an authorized hazardous waste facility. (B) Prevent releases of hazardous waste or constituents to the environment during the active or postclosure period of facility operation. (C) Ensure early detection of releases of hazardous waste or constituents. (D) Ensure adequate financial resources in the case of releases of hazardous waste or constituents. (E) Ensure adequate financial resources to pay for facility closure. (F) Perform emergency cleanup operations of, or other corrective actions for, releases. (b) The deviation is a Class II violation which is a chronic violation or committed by a recalcitrant violator. “Class II Violation” has the same meaning as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (Added by Stats. 1994, Ch. 1217, Sec. 2. Effective January 1, 1995.)
  67. 25110.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines two hazardous-waste terms tied to generators conditionally exempted under Section 25201.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.9. (a) “Conditionally exempt small quantity treatment” means the operations of a generator conditionally exempted pursuant to subdivision (a) of Section 25201.5. (b) “Conditionally exempt specified waste stream” means a waste stream treated by a generator conditionally exempted pursuant to subdivision (c) of Section 25201.5. (Added by Stats. 1993, Ch. 411, Sec. 1. Effective September 21, 1993.)
  68. 25110.9.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “conditional authorization” and “conditional exemption” for hazardous waste provisions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.9.1. (a) “Conditional authorization” means a provision of this chapter, including, but not limited to, Section 25200.3, which provides that a person or activity is deemed to be operating pursuant to a grant of authorization, as required pursuant to subdivision (a) of Section 25201, if the person or activity meets the requirements of that provision. (b) “Conditional exemption” means a provision of this chapter, including, but not limited to, Sections 25144.6, 25201.5, 25201.5.1, 25201.8, and 25201.13, which provides that a person or activity is exempted from, or is otherwise not subject to, the requirement to obtain a hazardous waste facilities permit or other grant of authorization if the person or activity meets the requirements of that provision. (Added by Stats. 1995, Ch. 640, Sec. 1. Effective January 1, 1996.)
  69. 25110.9.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “consolidated manifest” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25110.9.3. For purposes of this chapter, “consolidated manifest” means a hazardous waste manifest used by a milk run transporter to combine hazardous waste shipments from multiple generators on one consolidated manifest pursuant to the procedures in Section 25160.2. (Added by Stats. 2001, Ch. 319, Sec. 1. Effective January 1, 2002.)
  70. 25111.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    “Department” means the Department of Toxic Substances Control.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25111. “Department” means the Department of Toxic Substances Control. (Amended by Stats. 2000, Ch. 343, Sec. 3. Effective January 1, 2001.)
  71. 25111.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “designated local public officer” as a local public officer designated by the director under Section 25180(a).

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25111.1. “Designated local public officer” means a local public officer designated by the director pursuant to subdivision (a) of Section 25180. (Amended by Stats. 2000, Ch. 343, Sec. 3.5. Effective January 1, 2001.)
  72. 25112.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “Director” as the Director of Toxic Substances Control.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25112. “Director” means the Director of Toxic Substances Control. (Amended by Stats. 2000, Ch. 343, Sec. 4. Effective January 1, 2001.)
  73. 25112.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines a disclosure statement and requires applicants to provide specified identity, ownership, license, history, and fingerprint information, with some corporate exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25112.5. (a) “Disclosure statement” means a statement submitted to the department by an applicant, signed by the applicant under penalty of perjury, which includes all of the following information: (1) The full name, any previous name or names, business address, social security number, and driver’s license number of all of the following: (A) The applicant. (B) Any officers, directors, or partners, if the applicant is a business concern. (C) All persons or any officers, partners, or any directors if there are no officers, of business concerns holding more than 5 percent of the equity in, or debt liability of the applicant, except that if the debt liability is held by a lending institution, the applicant shall only supply the name and address of the lending institution. (2) Except as provided in subdivision (b), the following persons listed on the disclosure statement shall properly submit fingerprint images and related identification information: (A) The sole proprietor. (B) The partners. (C) Other persons listed in subparagraph (C) of paragraph (1) and any officers or directors of the applicant company as required by the department. (3) If fingerprint images and related identification information are submitted for purposes of paragraph (2), the fingerprint images and related identification information shall be submitted for any person required by paragraph (2) only once. If there is a change in the person serving in a position for which fingerprint images and related identification information are required to be submitted pursuant to paragraph (2), fingerprint images and related identification information shall be captured and submitted for that person. Fingerprint images and the related identification information may be obtained using the Department of Justice’s electronic fingerprint network. (4) The full name and business address of any business concern that generates, transports, treats, stores, recycles, disposes of, or handles hazardous waste and hazardous materials in which the applicant holds at least a 5 percent debt liability or equity interest. (5) A description of any local, state, or federal licenses, permits, or registrations for the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste or hazardous materials applied for, or possessed by the applicant, or by the applicant under any previous name or names, in the five years preceding the filing of the statement, or, if the applicant is a business concern, by the officers, directors, or partners of the business concern, including the name and address of the issuing agency. (6) A listing and explanation of any final orders or license revocations or suspensions issued or initiated by any local, state, or federal authority, in the five years immediately preceding the filing of the statement, or any civil or criminal prosecutions filed in the five years immediately preceding, or pending at the time of, the filing of the statement, with any remedial actions or resolutions if applicable, relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste or hazardous materials by the applicant, or by the applicant under any previous name or names, or, if the applicant is a business concern, by any officer, director, or partner of the business concern. (7) A listing of any agencies outside of the state that regulate, or had regulated, the applicant’s, or the applicant’s under any previous name or names, generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste or hazardous materials in the five years preceding the filing of the disclosure statement. (8) A listing and explanation of any federal or state conviction, judgment, or settlement, in the five years immediately preceding the filing of the statement, with any remedial actions or resolutions if applicable, relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste or hazardous materials by the applicant, or by the applicant under any previous name or names, or if the applicant is a business concern, by any officer, director, or partner of the business concern. (9) A listing of all owners, officers, directors, trustees, and partners of the applicant who have owned, or been an officer, director, trustee, or partner of, any company that generated, transported, treated, stored, recycled, disposed of, or handled hazardous wastes or hazardous materials and which was the subject of any of the actions described in paragraphs (6) and (8) for the five years preceding the filing of the statement. (b) Notwithstanding paragraph (2) of subdivision (a), a corporation, the stock of which is listed on a national securities exchange and registered under the Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is not subject to the fingerprint requirements of subdivision (a). (c) In lieu of the statement specified in subdivision (a), a corporation, the stock of which is listed on a national securities exchange or on the National Market System of the NASDAQ Stock Market and registered under the Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a et seq.), or a subsidiary of that corporation, may submit to the department copies of all periodic reports, including, but not limited to, those reports required by Section 78m of Title 15 of the United States Code and Part 229 (commencing with Section 229.10) of Chapter II of Title 17 of the Code of Federal Regulations that the corporation or subsidiary has filed with the Securities and Exchange Commission in the three years immediately preceding the submittal, if the corporation or subsidiary thereof has held a hazardous waste facility permit or operated a hazardous waste facility under interim status pursuant to Section 25200 or 25200.5 since January 1, 1984. (d) (1) Before issuing an authorization for which a disclosure statement is required pursuant to this chapter, the department shall submit the fingerprint cards or electronic fingerprint images and related identification information submitted pursuant to paragraph (2) of subdivision (a) to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state and federal level convictions and state and federal level arrests for which the Department of Justice establishes that the applicant is incarcerated or was released on bail or on his or her own recognizance pending trial. The Department of Justice shall forward any request for federal level criminal offender record information, received by the Department of Justice, pursuant to this subdivision, to the Federal Bureau of Investigation. (2) For each applicant or licensee whose fingerprint images and related identification information are submitted to the Department of Justice pursuant to this subdivision, the Department of Justice shall provide the following information to the department pursuant to this section: (A) Every conviction rendered against that applicant or licensee. (B) Every arrest for an offense for which that applicant or licensee is presently awaiting trial, whether the applicant or licensee is incarcerated or has been released on bail or on his or her own recognizance pending trial. (3) The department, pursuant to this subdivision, shall request subsequent arrest notification service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (4) The department shall reimburse the Department of Justice for the actual costs incurred by the Department of Justice for searching and furnishing state and federal level criminal offender record information pursuant to this subdivision. (Amended by Stats. 2002, Ch. 607, Sec. 1. Effective January 1, 2003.)
  74. 25113.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “disposal” for hazardous waste law.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25113. (a) “Disposal” means either of the following: (1) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste so that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including groundwaters, or may otherwise enter the environment. (2) The abandonment of any waste. (b) The amendment of the section made at the 1989–90 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 1989, Ch. 1436, Sec. 2. Effective October 2, 1989.)
  75. 25114.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    “Disposal site” means the location where final deposition of hazardous waste occurs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25114. “Disposal site” means the location where any final deposition of hazardous waste occurs. (Amended by Stats. 1977, Ch. 1039.)
  76. 25114.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “environmental assessor” as an environmental professional under federal regulation, and says that definition applies to California statutes unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25114.5. “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. Notwithstanding Section 25110, this definition shall apply for all California statutes, unless the context requires otherwise. (Added by Stats. 2012, Ch. 39, Sec. 27. (SB 1018) Effective June 27, 2012.)
  77. 25115.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “extremely hazardous waste” as hazardous waste or a mixture of hazardous wastes that may likely cause death, disabling injury, or serious illness if people are exposed to it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25115. “Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics. (Amended by Stats. 1977, Ch. 1039.)
  78. 25115.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25115.1. “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.). (Added by Stats. 1988, Ch. 1061, Sec. 1.)
  79. 25116.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “handling” of hazardous waste.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25116. “Handling” means the transporting or transferring from one place to another, or pumping, processing, storing, or packaging of hazardous waste, but does not include the handling of any substance before it becomes a waste. (Amended by Stats. 1980, Ch. 878.)
  80. 25116.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines when a material counts as an “intermediate manufacturing process stream” and lists the conditions that must be met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25116.5. (a) “Intermediate manufacturing process stream” means a material, or combination of materials, that meets all of the following conditions: (1) It is produced as part of the manufacturing process. (2) It is used onsite on a batch or continuous basis, in either the same or in a different manufacturing process to produce a commercial product. (3) It is not a recyclable material. (4) The person who produced the material or combination of materials is able to demonstrate all of the following: (A) The material, or combination of materials, is used, alone or in combination with other materials, in a manufacturing process that is designed for its use. (B) The material, or combination of materials, is not accumulated or stored in amounts greater than can be used in the manufacturing process. (C) The material, or combination of materials, is not handled, stored, or processed in a manner that is inconsistent with its intended use or the operating requirements of the manufacturing process. (D) The material, or combination of materials, is not burned or incinerated for the purpose of abandoning or relinquishing the material or combination of materials, except as may otherwise be allowed under both this chapter and the federal act. (b) Notwithstanding subdivision (a), a material is not an intermediate manufacturing process stream if it has been released in violation of this chapter, or any other applicable law, or an order issued pursuant to this chapter or other applicable law, unless it has been released into an appropriate containment area or structure and has been promptly recovered and returned to the manufacturing process, without prior treatment, for use in the originally intended manufacturing process. (Amended by Stats. 2001, Ch. 605, Sec. 2. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.)
  81. 25117.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “hazardous waste” and says that, in certain prosecutions, proof can be satisfied by showing the waste had characteristics listed in Section 25141(b).

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117. (a) Except as provided in subdivision (d), “hazardous waste” means a waste that meets any of the criteria for the identification of a hazardous waste adopted by the department pursuant to Section 25141. (b) “Hazardous waste” includes, but is not limited to, RCRA hazardous waste. (c) Unless expressly provided otherwise, “hazardous waste” also includes extremely hazardous waste and acutely hazardous waste. (d) Notwithstanding subdivision (a), in any criminal or civil prosecution brought by a city attorney, county counsel, district attorney, or the Attorney General for violation of this chapter, when it is an element of proof that the person knew or reasonably should have known of the violation, or violated the chapter willfully or with reckless disregard for the risk, or acted intentionally or negligently, the element of proof that the waste is hazardous waste may be satisfied by demonstrating that the waste exhibited the characteristics set forth in subdivision (b) of Section 25141. (Amended by Stats. 2023, Ch. 154, Sec. 1. (SB 642) Effective January 1, 2024.)
  82. 25117.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “hazardous waste facility” as land, structures, and related improvements used for hazardous waste treatment, transfer, storage, resource recovery, disposal, or recycling.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.1. “Hazardous waste facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (Amended by Stats. 1990, Ch. 1686, Sec. 1.)
  83. 25117.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “License” includes permits, registrations, or certifications issued by local, state, or federal agencies for hazardous waste activities.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.10. “License” includes, but is not limited to any, permit, registration, or certification issued by any local, state, or federal agency for the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste. (Added by Stats. 1986, Ch. 1304, Sec. 5.)
  84. 25117.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “Offsite facility” means a hazardous waste facility that is not an onsite facility.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.11. “Offsite facility” means a hazardous waste facility that is not an onsite facility. (Added by Stats. 1982, Ch. 1121, Sec. 2.)
  85. 25117.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “Onsite facility” means a hazardous waste facility produced waste at and owned, leased, or controlled by the waste producer.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.12. “Onsite facility” means a hazardous waste facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of, the producer of the waste. (Added by Stats. 1982, Ch. 1121, Sec. 3.)
  86. 25117.13.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “land use restriction.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.13. “Land use restriction” means any limitation regarding the uses of property which may be provided by, but is not limited to, a written instrument which imposes an easement, covenant, restriction, or servitude, or a combination thereof, as appropriate, upon the present and future uses of all, or part of, the land, pursuant to Section 25202.5, 25222.1, 25230, or 79055. (Amended by Stats. 2022, Ch. 258, Sec. 33. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  87. 25117.14.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “permit-by-rule” as a regulatory provision that treats a facility or activity as having a hazardous waste facilities permit if it meets that provision’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.14. “Permit-by-rule” means a provision of the regulations adopted pursuant to this chapter stating that a facility or activity is deemed to have a hazardous waste facilities permit if it meets the requirements of that provision. (Added by Stats. 1992, Ch. 1345, Sec. 2. Effective January 1, 1993.)
  88. 25117.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “hazardous waste management” or “management” as a list of activities involving hazardous waste.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.2. “Hazardous waste management” or “management” means the transportation, transfer, recycling, recovery, disposal, handling, processing, storage, and treatment of hazardous waste. (Amended by Stats. 1988, Ch. 1632, Sec. 6.)
  89. 25117.4.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “local health officer” and “local officer” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.4.1. (a) “Local health officer” means county health officers, city health officers, and district health officers, as defined in this code. (b) “Local officer” means a local public officer authorized to implement this chapter pursuant to subdivision (a) of Section 25180. (Amended by Stats. 2004, Ch. 183, Sec. 199. Effective January 1, 2005.)
  90. 25117.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    Certain medical waste and qualifying biohazardous waste are not subject to this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.5. (a) Waste that is hazardous only because it is medical waste, as defined in the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104) shall not be governed by, subject to fees assessed by, or otherwise subject to, the requirements of this chapter or regulations adopted pursuant to this chapter. (b) Biohazardous waste that meets the conditions specified in subdivision (f) or (g) of Section 117635 is not subject to this chapter. (Amended by Stats. 1996, Ch. 536, Sec. 23. Effective January 1, 1997.)
  91. 25117.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “minor violation” and excludes certain serious or repeat violations from that definition.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.6. (a) “Minor violation” means a deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is not a class I violation. (b) (1) A minor violation does not include any of the following: (A) Any knowing, willful, or intentional violation of this chapter. (B) Any violation of this chapter that enables the violator to benefit economically from noncompliance, either by reduced costs or competitive advantage. (C) Any class II violation that is a chronic violation or that is committed by a recalcitrant violator. (2) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of subparagraph (C) of paragraph (1), the department, or the local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this chapter. (Amended by Stats. 1995, Ch. 639, Sec. 4. Effective January 1, 1996.)
  92. 25117.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “natural resources” broadly to include disposal site capacity and certain hazardous-waste substances that can be reused feasibly.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.8. “Natural resources” includes, but is not limited to, disposal site capacity and substances which are hazardous waste, or which are in hazardous waste, the reuse of which is technologically and economically feasible. (Added by Stats. 1982, Ch. 89, Sec. 6. Effective March 2, 1982.)
  93. 25117.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “non-RCRA hazardous waste” and says hazardous waste regulated in the state is presumed to be RCRA hazardous waste unless the department’s regulations determine otherwise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.9. “Non-RCRA hazardous waste” means all hazardous waste regulated in the state, other than RCRA hazardous waste, as defined in Section 25120.2. A hazardous waste regulated in the state is presumed to be RCRA hazardous waste, unless it is determined, pursuant to regulations adopted by the department, that the hazardous waste is a non-RCRA hazardous waste. (Amended by Stats. 1991, Ch. 1126, Sec. 2.)
  94. 25117.9.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “notice to comply” and says it must meet several content and delivery requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25117.9.1. “Notice to comply” means a written method of alleging a minor violation which is in compliance with all of the following requirements: (a) The notice to comply is written in the course of conducting an inspection of a facility by an authorized representative of the department or by a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. (b) A copy of the notice to comply is presented to a person who is an owner or employee of the facility being inspected at the time that the notice to comply is written. (c) The notice to comply clearly states the nature of the alleged minor violation, a means by which compliance with the permit conditions, rule, regulation, standard, or other requirement cited by the inspector may be achieved, and a time limit in which to comply, which shall not exceed 30 days. (d) The notice to comply shall contain the information specified in subdivision (h) of Section 25187.8 with regard to inspection of the facility. (Amended by Stats. 1995, Ch. 639, Sec. 5. Effective January 1, 1996.)
  95. 25118.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “person” broadly to include many business entities, public bodies, and government entities, subject to law where noted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25118. “Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (Amended by Stats. 1994, Ch. 1200, Sec. 34. Effective September 30, 1994.)
  96. 25119.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “Processing” as treatment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25119. “Processing” means treatment, as defined in Section 25123.5. (Amended by Stats. 1980, Ch. 878.)
  97. 25120.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “Producer” means any person who generates a waste material.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25120. “Producer” means any person who generates a waste material. (Added by Stats. 1982, Ch. 496, Sec. 1. Effective July 12, 1982.)
  98. 25120.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “RCRA hazardous waste” as waste identified as hazardous waste under the listed federal regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25120.2. “RCRA hazardous waste” means all waste identified as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations and appendixes thereto. (Added by Stats. 1989, Ch. 1436, Sec. 5. Effective October 2, 1989.)
  99. 25120.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “Recyclable material” is defined as a hazardous waste that can be recycled, including several listed material types and certain retrograde material.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25120.5. “Recyclable material” means a hazardous waste that is capable of being recycled, including, but not limited to, any of the following: (a) A residue. (b) A spent material, including, but not limited to, a used or spent stripping or plating solution or etchant. (c) A material that is contaminated to such an extent that it can no longer be used for the purpose for which it was originally purchased or manufactured. (d) A byproduct listed in the regulations adopted by the department as “hazardous waste from specific sources” or “hazardous waste from nonspecific sources. ” (e) Any retrograde material that has not been used, distributed, or reclaimed through treatment by the original manufacturer or owner by the later of the following dates: (1) One year after the date when the material became a retrograde material. (2) If the material has been returned to the original manufacturer, one year after the material is returned to the original manufacturer. (Amended by Stats. 1988, Ch. 1631, Sec. 6.)
  100. 25120.55.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines used or spent etchants, stripping solutions, and plating solutions as spent, contaminated, or used material, and says certain qualifying materials are treated as hazardous waste under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25120.55. (a) Used or spent etchants, stripping solutions, and plating solutions are spent, contaminated, or used material for purposes of this chapter. (b) Used or spent etchants, stripping solutions, and plating solutions which meet a characteristic established by or are listed by the Environmental Protection Agency or the department as a hazardous waste and are transported from the site where they are produced, and transferred to an unrelated or unaffiliated person for any purpose, are subject to the requirements of this chapter which apply to hazardous waste unless the department waives any specific provision of this chapter pursuant to Section 25143. Nothing in this section exempts any used or spent etchant, stripping solution, or plating solution from any other requirement of this chapter. (Added by renumbering Section 25122.55 by Stats. 1988, Ch. 160, Sec. 105.)
  101. 25121.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “recycled material” as a recyclable material that has been used, reused, or reclaimed, and excludes intermediate manufacturing process streams.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25121. (a) “Recycled material” means a recyclable material which has been used or reused, or reclaimed. (b) “Recycled material” does not include an intermediate manufacturing process stream. (Amended by Stats. 1996, Ch. 579, Sec. 2. Effective January 1, 1997.)
  102. 25121.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “recycling” in two ways: generally, it means using, reusing, or reclaiming a recyclable material; for specified fees, taxes, and charges, it has a broader meaning.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25121.1. (a) “Recycling” means using, reusing, or reclaiming a recyclable material. (b) Notwithstanding subdivision (a), for purposes of the fees, taxes, and charges imposed pursuant to Article 7 (commencing with Section 25170), “recycling” means the collecting, transporting, storing, transferring, handling, segregating, processing, using or reusing, or reclaiming of recyclable material to produce recycled material. (Added by Stats. 1998, Ch. 880, Sec. 2. Effective January 1, 1999.)
  103. 25121.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section says the term “Release” means the same as in Section 78105.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25121.2. “Release” has the same definition as in Section 78105. (Added by Stats. 2024, Ch. 72, Sec. 17. (SB 156) Effective July 2, 2024.)
  104. 25121.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    Defines “remote site” and allows a generator to hold hazardous waste there only if specific notification, training, labeling, contingency-planning, container, and security conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25121.3. (a) “Remote site” means a site operated by the generator where hazardous waste is initially collected, at which generator staff, other than security staff, is not routinely located, and that is not contiguous to a staffed site operated by the generator of the hazardous waste or that does not have access to a staffed site without the use of public roads. Generator staff who visit a remote location to perform inspection, monitoring, or maintenance activities on a periodic scheduled or random basis, less frequently than daily, are not considered to be routinely located at the remote location. (b) Notwithstanding this chapter or the regulations adopted by the department pursuant to this chapter, a generator who complies with the notification requirements of subdivision (d) of Section 25110.10 may hold hazardous waste at the remote site where the hazardous waste is initially collected, or at another remote site operated by the generator, while en route to the consolidation site, if all of the following requirements are met with respect to the hazardous waste: (1) The hazardous waste is a non-RCRA hazardous waste, or the hazardous waste or its management at the remote site is otherwise exempt from, or is not otherwise regulated pursuant to, the federal act. (2) The requirements of subdivision (b) of Section 25110.10 are met. (3) All personnel handling hazardous waste at any remote site complete health and safety training equivalent to the training required under Section 5194 of Title 8 of the California Code of Regulations, prior to being assigned to handle hazardous waste. (4) A description of the actions that the generator’s personnel will take to minimize hazards to human health and safety or to the environment from fires, explosions, or any unplanned release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the remote site where the hazardous waste is being managed shall be included in the contingency plan for the consolidation site. A single generic description of response actions may be used for all similar remote sites associated with a single consolidation site. (5) As soon as the generator begins to actively manage the hazardous waste at the remote site, the generator places the hazardous waste in a container meeting the requirements of the United States Department of Transportation applicable to containers used to transport hazardous waste, and the containers are managed in accordance with the regulations adopted by the department regarding the management by generators of containers used to hold hazardous waste. (6) The containers used to hold the hazardous waste at the remote site are labeled, in accordance with the regulations adopted by the department pertaining to labeling requirements for generators, as soon as the hazardous waste is placed in the container. (7) The generator makes a reasonable effort to minimize the possibility of unknowing or unauthorized entry into the area where the hazardous waste is held at the remote site. If the remote site is located within one mile of a residential or commercial area, or is otherwise readily accessible to the public, the area where hazardous waste is held at the remote site shall at all times be supervised by employees or agents of the generator or otherwise secured so as to prevent unknowing entry and to minimize the possibility for unauthorized entry. (c) If the management of hazardous wastes at a remote site does not meet all of the conditions specified in subdivision (b), the hazardous waste shall be subject to all other applicable generator and facility requirements of this chapter and the regulations adopted by the department to implement this chapter. (Amended by Stats. 2004, Ch. 183, Sec. 200. Effective January 1, 2005.)
  105. 25121.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “retrograde material” and lists when material is excluded from that definition.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25121.5. (a) “Retrograde material” means any hazardous material which is not to be used, sold, or distributed for use in an originally intended or prescribed manner or for an originally intended or prescribed purpose and which meets any one or more of the following criteria: (1) Has undergone chemical, biochemical, physical, or other changes due to the passage of time or the environmental conditions under which it was stored. (2) Has exceeded a specified or recommended shelf life. (3) Is banned by law, regulation, ordinance, or decree. (4) Cannot be used for reasons of economics, health or safety, or environmental hazard. (b) “Retrograde material” does not include material designated in regulations adopted by the department as included in a category which the department shall title “Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof”, if either of the following conditions is met: (1) The material is used in a manner constituting disposal and the material is not normally used in a manner constituting disposal. (2) The material is burned for energy recovery and the material is not normally burned for energy recovery. (Amended by Stats. 1988, Ch. 1631, Sec. 8.)
  106. 25122.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “restricted hazardous waste” to include certain hazardous wastes and wastes with listed contaminant concentrations at or above specified limits.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25122.7. “Restricted hazardous waste” includes both of the following: (a) Any hazardous waste subject to land disposal restrictions pursuant to Section 25179.6 and the regulations adopted by the department pursuant to that section. (b) Any hazardous waste which contains any of the following substances, in the following concentrations, as determined without considering any dilution which may occur, unless the dilution is a normal part of a manufacturing process: (1) Liquid hazardous wastes containing free cyanides at concentrations greater than, or equal to, 1,000 milligrams per liter. (2) Liquid hazardous wastes containing any of the following metals or elements, or compounds of these metals or elements, at concentrations greater than, or equal to, any of the following: Arsenic ........................ 500 milligrams per liter Cadmium ........................ 100 milligrams per liter Chromium (VI) ........................ 500 milligrams per liter Lead ........................ 500 milligrams per liter Mercury ........................ 20 milligrams per liter Nickel ........................ 134 milligrams per liter Selenium ........................ 100 milligrams per liter Thallium ........................ 130 milligrams per liter (3) Liquid hazardous wastes having a pH less than or equal to two. (4) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than, or equal to, 50 milligrams per liter. (5) Hazardous wastes containing halogenated organic compounds in total concentration greater than, or equal to, 1,000 milligrams per kilogram. (Amended by Stats. 1990, Ch. 1686, Sec. 2.)
  107. 25122.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “state operational costs.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 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 hazardous substances, as defined in subdivision (a) of Section 78075 and subdivision (a) of Section 78105, if the responsible party is in compliance with an order issued, or with an enforceable agreement entered into, pursuant to paragraph (1) of subdivision (a) of Section 79055. “State operational costs” include, but are not limited to, the expenditure of funds pursuant to Section 79065. (Amended by Stats. 2022, Ch. 258, Sec. 34. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  108. 25122.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “Secretary” means the Secretary for Environmental Protection.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25122.9. “Secretary” means the Secretary for Environmental Protection. (Added by Stats. 1995, Ch. 639, Sec. 7. Effective January 1, 1996.)
  109. 25123.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    “Storage” means holding hazardous waste for a temporary period.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25123. “Storage” means the holding of hazardous wastes, for a temporary period. (Amended by Stats. 1988, Ch. 1632, Sec. 9.)
  110. 25123.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines key hazardous-waste terms and sets conditions under which a generator’s activity is or is not treated as storage.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 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 definition of free liquids, as specified in Section 66260.10 of Title 22 of the California Code of Regulations, as that section read on January 1, 1994. (2) “Remediation waste staging” means the temporary accumulation of non-RCRA contaminated soil that is generated and held onsite, and that is accumulated for the purpose of onsite treatment pursuant to a certified, authorized, or permitted treatment method, such as a transportable treatment unit, if all of the following requirements are met: (A) The hazardous waste being accumulated does not contain free liquids. (B) The hazardous waste is accumulated on an impermeable surface, such as high density polyethylene (HDPE) of at least 20 mils that is supported by a foundation, or high density polyethylene of at least 60 mils that is not supported by a foundation. (C) The generator provides controls for windblown dispersion and precipitation runoff and run-on and complies with any stormwater permit requirements issued by a regional water quality control board. (D) The generator has the accumulation site inspected weekly and after storms to ensure that the controls for windblown dispersion and precipitation runoff and run-on are functioning properly. (E) The staging area is certified by a registered engineer for compliance with the standards specified in subparagraphs (A) to (D), inclusive. (3) “Transfer facility” means any offsite facility that is related to the transportation of hazardous waste, including, but not limited to, loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (b) “Storage facility” means a hazardous waste facility at which the hazardous waste meets any of the following requirements: (1) The hazardous waste is held for greater than 90 days at an onsite facility. The department may establish criteria and procedures to extend that 90-day period, consistent with the federal act, and to prescribe the manner in which the hazardous waste may be held if not otherwise prescribed by statute. (2) The hazardous waste is held for any period of time at an offsite facility that is not a transfer facility. (3) (A) Except as provided in subparagraph (B), the waste is held at a transfer facility and any one of the following apply: (i) The transfer facility is located in an area zoned residential by the local planning authority. (ii) The transfer facility commences initial operations on or after January 1, 2005, at a site located within 500 feet of a structure identified in paragraphs (1) to (5), inclusive, of subdivision (c) of Section 25227. (iii) The hazardous waste is held for a period greater than six days at a transfer facility that is located in an area that is not zoned industrial or agricultural by the local planning authority. (iv) The hazardous waste is held for a period greater than 10 days at a transfer facility that is located in an area that is zoned industrial or agricultural by the local planning authority. (v) The hazardous waste is held for a period greater than six days at a transfer facility that commenced initial operations before January 1, 2005, is located in an area zoned agricultural by the local planning authority, and is located within 500 feet of a structure identified in paragraphs (1) to (5), inclusive, of subdivision (c) of Section 25227. (B) (i) Notwithstanding subparagraph (A), a transfer facility located in an area that is not zoned residential by the local planning authority is not a storage facility, if the only hazardous waste held at the transfer facility is hazardous waste that is generated as a result of an emergency release and that hazardous waste is collected and temporarily stored by emergency rescue personnel, as defined in Section 25501, or by a response action contractor upon the request of emergency rescue personnel or the response action contractor, and the holding of that hazardous waste is approved by the department. (ii) For purposes of this subparagraph, “response action contractor” means any person who enters into a contract with the department to take removal or remedial action pursuant to Part 2 (commencing with Section 78000) of Division 45 in response to a release or threatened release, including any subcontractors of the response action contractor. (4) (A) Except as provided in subparagraph (B), the hazardous waste is held onsite for any period of time, unless the hazardous waste is held in a container, tank, drip pad, or containment building pursuant to regulations adopted by the department. (B) Notwithstanding subparagraph (A), a generator that accumulates hazardous waste generated and held onsite for 90 days or less for offsite transportation is not a storage facility if all of the following requirements are met: (i) The waste is non-RCRA contaminated soil. (ii) The hazardous waste being accumulated does not contain free liquids. (iii) The hazardous waste is accumulated on an impermeable surface, such as high density polyethylene (HDPE) of at least 20 mils that is supported by a foundation, or high density polyethylene of at least 60 mils that is not supported by a foundation. (iv) The generator provides controls for windblown dispersion and precipitation runoff and run-on and complies with any stormwater permit requirements issued by a regional water quality control board. (v) The generator has the accumulation site inspected weekly and after storms to ensure that the controls for windblown dispersion and precipitation runoff and run-on are functioning properly. (vi) The generator, after final offsite transportation, inspects the accumulation site for contamination and remediates as necessary. (vii) The site is certified by a registered engineer for compliance with the standards specified in clauses (i) to (vi), inclusive. (5) The hazardous waste is held at a transfer facility at any location for any period of time in a manner other than in a container. (6) The hazardous waste is held at a transfer facility at any location for any period of time and handling occurs. For purposes of this paragraph, “handling” does not include the transfer of packaged or containerized hazardous waste from one vehicle to another. (c) The time period for calculating the 90-day period for purposes of paragraph (1) of subdivision (b), or the 180-day or 270-day period for purposes of subdivision (h), begins when the facility has accumulated 100 kilograms of hazardous waste or one kilogram of extremely hazardous waste or acutely hazardous waste. However, if the facility generates more than 100 kilograms of hazardous waste or one kilogram of extremely hazardous waste or acutely hazardous waste during any calendar month, the time period begins when any amount of hazardous waste first begins to accumulate in that month. (d) Notwithstanding paragraph (1) of subdivision (b), a generator of hazardous waste that accumulates waste onsite is not a storage facility if all of the following requirements are met: (1) The generator accumulates a maximum of 55 gallons of hazardous waste, one quart of acutely hazardous waste, or one quart of extremely hazardous waste at an initial accumulation point that is at or near the area where the waste is generated and that is under the control of the operator of the process generating the waste. (2) The generator accumulates the waste in containers other than tanks. (3) The generator does not hold the hazardous waste onsite without a hazardous waste facilities permit or other grant of authorization for a period of time longer than the shorter of the following time periods: (A) One year from the initial date of accumulation. (B) Ninety days, or if subdivision (h) is applicable, 180 or 270 days, from the date that the quantity limitation specified in paragraph (1) is reached. (4) The generator labels any container used for the accumulation of hazardous waste with the initial date of accumulation and with the words “hazardous waste” or other words that identify the contents of the container. (5) Within three days of reaching any applicable quantity limitation specified in paragraph (1), the generator labels the container holding the accumulated hazardous waste with the date the quantity limitation was reached and either transports the waste offsite or holds the waste onsite and complies with either the regulations adopted by the department establishing requirements for generators subject to the time limit specified in paragraph (1) of subdivision (b) or the requirements specified in paragraph (1) of subdivision (h), whichever requirements are applicable. (6) The generator complies with regulations adopted by the department pertaining to the use and management of containers and any other regulations adopted by the department to implement this subdivision. (e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b), hazardous waste held for remediation waste staging shall not be considered to be held at a hazardous waste storage facility if the total accumulation period is one year or less from the date of the initial placing of hazardous waste by the generator at the staging site for onsite remediation, except that the department may grant one six-month extension, upon a showing of reasonable cause by the generator. (2) (A) The generator shall submit a notification of plans to store and treat hazardous waste onsite pursuant to paragraph (2) of subdivision (a), in person or by certified mail, with return receipt requested, to the department and to one of the following: (i) The CUPA, if the generator is under the jurisdiction of a CUPA. (ii) If the generator is not under the jurisdiction of a CUPA, the notification shall be submitted to the agency authorized, pursuant to subdivision (f) of Section 25404.3, to implement and enforce the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404. (B) If, after the notification pursuant to subparagraph (A), or during the initial year or the six-month extension granted by the department, the generator determines that treatment cannot be accomplished for all, or part of, the hazardous waste accumulated in a remediation waste staging area, the generator shall immediately notify the department and the appropriate local agency, pursuant to subparagraph (A), that the treatment has been discontinued. The generator shall then handle and dispose of the hazardous waste in accordance with paragraph (4) of subdivision (b). (C) A generator shall not hold hazardous waste for remediation waste staging unless the generator can show, through laboratory testing, bench scale testing, or other documentation, that soil held for remediation waste staging is potentially treatable. Any fines and penalties imposed for a violation of this subparagraph may be imposed beginning with the 91st day that the hazardous waste was initially accumulated. (3) Once an onsite treatment operation is completed on hazardous waste held pursuant to paragraph (1), the generator shall inspect the staging area for contamination and remediate as necessary. (f) Notwithstanding any other provision of this chapter, remediation waste staging and the holding of non-RCRA contaminated soil for offsite transportation in accordance with paragraph (4) of subdivision (b) shall not be considered to be disposal or land disposal of hazardous waste. (g) A generator who holds hazardous waste for remediation waste staging pursuant to paragraph (2) of subdivision (a) or who holds hazardous waste onsite for offsite transportation pursuant to paragraph (4) of subdivision (b) shall maintain records onsite that demonstrate compliance with this section related to storing hazardous waste for remediation waste staging or related to holding hazardous waste onsite for offsite transportation, as applicable. The records maintained pursuant to this subdivision shall be available for review by a public agency authorized pursuant to Section 25180 or 25185. (h) (1) Notwithstanding paragraph (1) of subdivision (b), a generator of less than 1,000 kilograms of hazardous waste in any calendar month who accumulates hazardous waste onsite for 180 days or less, or 270 days or less if the generator transports the generator’s own waste, or offers the generator’s waste for transportation, over a distance of 200 miles or more, for offsite treatment, storage, or disposal, is not a storage facility if all of the following apply: (A) The quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms. (B) The generator complies with the requirements of Section 262.16 of Title 40 of the Code of Federal Regulations. (C) The generator does not hold acutely hazardous waste or extremely hazardous waste in an amount greater than one kilogram for a time period longer than that specified in paragraph (1) of subdivision (b). (2) A generator meeting the requirements of paragraph (1) who does not receive a copy of the manifest with the signature of the owner or operator of the facility to which the generator’s waste is submitted or is unable to verify through the e-Manifest system that the facility has received the waste and signed the manifest, within 60 days from the date that the hazardous waste was accepted by the initial transporter, shall submit a report to the department along with a legible copy of the manifest indicating that the generator cannot confirm the delivery or receipt of the generator’s waste with the owner or operator of the facility. (i) The department may adopt regulations that set forth additional restrictions and enforceable management standards that protect human health and the environment and that apply to persons holding hazardous waste at a transfer facility. A regulation adopted pursuant to this subdivision shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare, and may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2022, Ch. 258, Sec. 35. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  111. 25123.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “transportable hazardous waste treatment unit” (or “transportable treatment unit”).

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25123.4. “Transportable hazardous waste treatment unit” or “transportable treatment unit” means mobile equipment which performs treatment, is transported onto a facility to perform treatment, and is not permanently stationed at a single facility. (Added by Stats. 1994, Ch. 1151, Sec. 1. Effective January 1, 1995.)
  112. 25123.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “treatment” for hazardous waste and lists activities that are excluded from that definition when specific conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25123.5. (a) Except as provided in subdivisions (b) and (c), “treatment” means any method, technique, or process which is not otherwise excluded from the definition of treatment by this chapter and which is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or which removes or reduces its harmful properties or characteristics for any purpose. (b) (1) “Treatment” does not include any of the activities listed in paragraph (2), if one of the following requirements is met: (A) The activity is conducted onsite in accordance with the requirements of this chapter and the department’s regulations adopted pursuant to this chapter governing the generation and accumulation of hazardous waste. (B) The activity is conducted in accordance with the conditions specified in a permit issued by the department for the storage of hazardous waste. (2) The activities subject to the exemption specified in paragraph (1) include all of the following: (A) Sieving or filtering liquid hazardous waste to remove solid fractions, without added heat, chemicals, or pressure, as the waste is added to or removed from a storage or accumulation tank or container. For purposes of this subparagraph, sieving or filtering does not include adsorption, reverse osmosis, or ultrafiltration. (B) Phase separation of hazardous waste during storage or accumulation in tanks or containers, if the separation is unaided by the addition of heat or chemicals. If the phase separation occurs at a commercial offsite permitted storage facility, all phases of the hazardous waste shall be managed as hazardous waste after separation. (C) Combining two or more waste streams that are not incompatible into a single tank or container if both of the following conditions apply: (i) The waste streams are being combined solely for the purpose of consolidated accumulation or storage or consolidated offsite shipment, and they are not being combined to meet a fuel specification or to otherwise be chemically or physically prepared to be treated, burned for energy value, or incinerated. (ii) The combined waste stream is managed in compliance with the most stringent of the regulatory requirements applicable to each individual waste stream. (D) Evaporation of water from hazardous wastes in tanks or containers, such as breathing and evaporation through vents and floating roofs, without the addition of pressure, chemicals, or heat other than sunlight or ambient room lighting or heating. (3) This subdivision does not apply to any activity for which a hazardous waste facilities permit for treatment is required under the federal act. (c) “Treatment” does not include the combination of glutaraldehyde or orthophthalaldehyde, which is used by medical facilities to disinfect medical devices, with formulations containing glycine as the sole active chemical, if the process is carried out onsite. (Amended by Stats. 2000, Ch. 343, Sec. 6. Effective January 1, 2001.)
  113. 25123.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “volatile organic compound” by reference to EPA Method No. 8240, or an equivalent alternative method acceptable to the department.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25123.6. “Volatile organic compound” means a compound which is a volatile organic compound according to Method No. 8240 in the Environmental Protection Agency Document No. Solid Waste 846 (1982) or any equivalent, alternative method acceptable to the department. (Added by Stats. 1985, Ch. 1338, Sec. 3.)
  114. 25123.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines Unified Program Facility, CUPA, PA, and UPA, and says UPAs have authority to implement and enforce certain hazardous waste program requirements and related regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25123.7. (a) “Unified Program Facility” means all contiguous land and structures, other appurtenances, and improvements on the land which are subject to the requirements of paragraph (1) of subdivision (c) of Section 25404. (b) “Certified Unified Program Agency” or “CUPA” means the agency certified by the secretary to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction. (c) “Participating Agency” or “PA” means an agency which has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary, to implement or enforce one or more of the unified program elements specified in paragraph (1) of subdivision (c) of Section 25404, in accordance with the provisions of Sections 25404.1 and 25404.2. (d) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent each PA has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in paragraph (1) of subdivision (c) of Section 25404. For purposes of this chapter, the UPAs have the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 and 25404.2, to implement and enforce only those requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404. The UPAs also have the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 and 25404.2, to implement and enforce the regulations adopted to implement the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404. After a CUPA has been certified by the secretary, the unified program agencies shall be the only local agencies authorized to enforce the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404 within the jurisdiction of the CUPA. This section shall not be construed to limit the authority or responsibility granted to the department by this chapter to implement and enforce this chapter and the regulations adopted pursuant thereto. (Added by Stats. 1995, Ch. 639, Sec. 8. Effective January 1, 1996.)
  115. 25123.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

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    This section defines “universal waste” as certain hazardous waste identified under California regulations or designated as universal waste under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25123.8. “Universal waste” means a hazardous waste identified as a universal waste in Section 66273.9 of Title 22 of the California Code of Regulations, or as that regulation may be further amended pursuant to this chapter, or a hazardous waste designated as a universal waste pursuant to this chapter. (Added by Stats. 2002, Ch. 626, Sec. 1. Effective January 1, 2003.)
  116. 25124.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section defines “waste” and explains what counts as “discarded material,” including specific recycling, labeling, packaging, and manufacturing-process exclusions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2. Definitions [25110 - 25124] ( Article 2 added by Stats. 1972, Ch. 1236. ) ## 25124. (a) Except as provided in subdivision (c), “waste” means any solid, liquid, semisolid, or contained gaseous discarded material that is not excluded by this chapter or by regulations adopted pursuant to this chapter. (b) For purposes of subdivision (a), a discarded material is any material that is any of the following: (1) Relinquished by being any of the following: (A) Disposed of. (B) Burned or incinerated. (C) Accumulated, stored, or treated, but not recycled, before, or in lieu of, being relinquished by being disposed of, burned, or incinerated. (2) Recycled, or accumulated, stored, or treated before recycling, except as provided in Section 25143.2. (3) Poses a threat to public health or the environment and meets either, or both, of the following conditions: (A) It is mislabeled or not adequately labeled, unless the material is correctly labeled or adequately labeled within 10 days after the material is discovered to be mislabeled or inadequately labeled. (B) It is packaged in deteriorated or damaged containers, unless the material is contained in sound or undamaged containers within 96 hours after the containers are discovered to be deteriorated or damaged. (4) Considered inherently wastelike, as specified in regulations adopted by the department. (c) Notwithstanding subdivision (a), a material is not a discarded material if it is either of the following: (1) An intermediate manufacturing process stream. (2) (A) Except as specified in subparagraph (B) and to the extent consistent with the federal act, a coolant, lubricant, or cutting fluid necessary to the operation of manufacturing equipment, that is processed to extend the life of the material for continued use, and is processed in the same manufacturing equipment in which the material is used or in connected equipment that returns the material to the originating manufacturing equipment for continued use. (B) Subparagraph (A) does not apply to any of the following material: (i) Material that is processed in connected equipment that is not directly and permanently connected to the originating manufacturing equipment or that is constructed or operated in a manner that may allow the release of any material or constituent of the material into the environment. (ii) Material that is a hazardous waste prior to being introduced into the manufacturing equipment or connected equipment. (iii) Material that is removed from the manufacturing equipment or connected equipment for storage, treatment, disposal, or burning for energy recovery outside that equipment. (iv) Material that remains in the manufacturing equipment or connected equipment more than 90 days after that equipment ceases to be operated. (v) Material that is processed using methods other than physical procedures. (Amended by Stats. 1997, Ch. 470, Sec. 1. Effective January 1, 1998.)
  117. 25125.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

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    This section creates the Board of Environmental Safety, sets its membership and appointment rules, and imposes conduct, meeting, removal, and representation requirements for the board and its members.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 appointed by the Governor subject to confirmation by the Senate. (2) One member shall be appointed by the Senate Committee on Rules. (3) One member shall be appointed by the Speaker of the Assembly. (b) The members of the board shall be appointed on the basis of their demonstrated interest in the fields of hazardous waste management, site remediation, or pollution prevention and reduction, shall possess understanding of the needs of the general public in connection with the risks posed by hazardous materials and the management of hazardous waste, and shall possess experience in at least one of the following: (1) Environmental law. (2) Environmental science, including toxicology, chemistry, geology, industrial hygiene, or engineering. (3) Public health. (4) Cumulative impact assessment and management. (5) Regulatory permitting. (c) No more than two members of the board may represent a single category of qualification described in paragraphs (1) to (5), inclusive, of subdivision (b) at any one time. (d) The board members shall represent the general public interest and act to protect public health and reduce risks of toxic exposure with a particular focus on disproportionately burdened and vulnerable communities. (e) (1) Three board members constitute a quorum for the transaction of business of the board. (2) An affirmative vote of a majority of board members present at a meeting of the board shall be required for the board to take any action or pass any motion. (f) (1) Except as provided in paragraph (2), a board member shall be appointed for a term of four years. A vacancy in the board shall be immediately filled by the appointing authority for the unexpired portion of the term in which the vacancy occurs. (2) The terms of the board members shall be staggered. One of the initial members appointed by the Governor and the initial member appointed by the Speaker of the Assembly shall serve a two-year term and the remaining three initial members shall serve a four-year term. The chairperson of the board, appointed by the Governor pursuant to subdivision (m), shall serve a four-year term. The Governor shall determine which of the initial members appointed by the Governor shall serve a two-year term and which shall serve a four-year term. (g) (1) A board member appointed by the Governor may be removed by the Governor for neglect of duty, misconduct, or malfeasance in office. Before removal from office, a member shall be provided with a written statement of the charges and an opportunity to be heard. (2) A board member appointed by the Governor or the Legislature may be removed after trial for knowingly violating this section based on a complaint filed in a county superior court by the Attorney General alleging that the board member knowingly violated this section and asking that the board member be removed from the board. Further proceedings shall be in accordance as near as may be with rules governing civil actions. (3) A board member shall not miss three consecutive meetings as unexcused absences. Missing three consecutive meetings as unexcused absences shall constitute grounds for removal under paragraph (1) or (2). (h) A board member shall not make, participate in making, or in any way attempt to use the board member’s official position to influence a board decision in which the board member knows or has reason to know they have a financial interest within the meaning of Section 87103 of the Government Code. (i) The board shall conduct its business, including adjourning to, or meeting solely in, closed session, pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (j) (1) The board shall adopt rules for the conduct of its affairs. (2) The rules for conduct adopted by the board shall require, at a minimum, that a board member adhere to all of the following principles: (A) A board member shall faithfully discharge the duties, responsibilities, and quasi-judicial actions of the board. (B) A board member shall conduct their affairs in the public’s best interest, following principles of fundamental fairness and due process of law. (C) A board member shall conduct their affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority. (D) A board member shall understand that the programs implemented by the department require public awareness, understanding, and support of, and participation and confidence in, the board and its practices and procedures. (E) A board member shall preserve the public’s welfare and the integrity of the board, and act to maintain the public’s trust in the board and the implementation of its regulations and policies. (F) A board member shall not conduct themself in a manner that reflects discredit upon state laws, policies, or regulations, or principles of the board. (3) The rules adopted pursuant to this subdivision are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (k) The board shall conduct administrative adjudications, including, but not limited to, permit appeals pursuant to paragraph (2) of subdivision (b) of Section 25125.2, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including the prohibition against ex parte communications. (l) (1) The Attorney General shall represent the board in litigation concerning the affairs of the board unless the Attorney General represents another state agency that is a party to the action, in which case, the Attorney General may represent the board with the written consent of the board and the other state agency. (2) If the Attorney General is not representing the board, the board may contract for the service of outside counsel to represent the board or in-house counsel of the board may represent the board, subject to Section 11040 of the Government Code. (m) The chairperson of the board, who is appointed by the Governor, shall serve full time and shall receive the salary provided for in Section 11553 of the Government Code. All other members of the board shall serve half time and shall receive one-half of the salary provided for in Section 11553.5 of the Government Code. (n) (1) Members of the board, or representatives authorized by the board to do so, may hold, attend, or otherwise participate in conferences or hearings, official or unofficial, within or out of the state, with interested persons, agencies, or officers, of this or any other state, or with Congress, congressional committees, or officers of the federal government, concerning any matter within the scope of the power and duties of the board. (2) This subdivision does not create an exception to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (o) Due to the unique nature of permitting federal facilities, the chairperson of the board shall designate one board member to serve as the liaison between the board and the United States Department of Defense. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  118. 25125.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

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    The board must hold at least six public meetings a year, including at least three outside the greater Sacramento area, and it has multiple duties and powers over fees, permit appeals, public hearings, priorities, performance metrics, funding analysis, and coordination reviews.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 Sacramento area. For those meetings held outside the greater Sacramento area, the board shall meet in different geographic areas within the state to facilitate the participation by the businesses and sites regulated by the department, as well as members of the communities impacted by the businesses and sites regulated by the department. (b) The board shall do all of the following: (1) Set fees pursuant to Sections 25205.2.1, 25205.5.01, and 25205.6.1. (2) Hear and decide appeals of hazardous waste facility permit decisions. (3) Provide opportunities for public hearings on individual permitted or remediation sites. (4) Review and consider for approval the director’s annual priorities for each program under the department and, after consulting with the director, adopt clear performance metrics for the department and each of the department’s programs. The board’s responsibilities under this paragraph shall be conducted at a public hearing. The director shall provide annual updates on progress toward meeting the priorities and performance metrics. (5) Conduct an analysis of the fee structure supporting the department’s activities funded by the Hazardous Waste Control Account, the Hazardous Waste Facilities Account, and the Toxic Substances Control Account and, to the extent necessary, develop recommendations for funding the department’s activities that accomplish all of the following: (A) Provides for protection for public health and safety and the environment. (B) Provides adequate funding to ensure the timely remediation of contaminated sites, including the remediation of orphan sites. (C) Provides adequate funding for the enforcement of this chapter and Part 2 (commencing with Section 78000) of Division 45. (D) Provides adequate funding for the programs and regulatory efforts that protect consumers from potentially harmful chemicals in products or workplaces. (E) Provides for a reasonable distribution of costs among the businesses that contribute to the need for management of hazardous waste in the state. (F) Provides a level of funding that will enable the department and the board to implement and carry out their duties and responsibilities, including the department’s performance metrics approved by the board pursuant to this section. (G) Considers increasing fee rates, decreasing fee rates, consolidating fees, eliminating fees, or creating new fees, as appropriate, as well as the option to identify any other funding sources that may be appropriate for use by the department in performing its duties and responsibilities. The board may consider where tiered rates may be appropriate to align the department’s regulatory costs with different volumes or types of hazardous waste. (H) Considers the creation of graduated fee rates that could be used to encourage or discourage waste generation or specific higher risk or hazard waste management activities. (I) Considers additional funding amounts that may be needed for the department to implement the responsibilities identified in Article 11.8 (commencing with Section 25244) and Article 11.9 (commencing with Section 25244.12), in whole or in part. (J) Considers additional funding amounts that may be needed for the department to implement programs that further support the collection and appropriate management of hazardous wastes that may pose a higher risk of being illegally disposed. (6) Conduct an analysis of the department’s programs, the relationship between those programs and related programs in other regulatory agencies, including, but not limited to, the State Water Resources Control Board, the California regional water quality control boards, and the Department of Resources Recycling and Recovery, and, to the extent necessary, develop recommendations to improve coordination between programs, and to reduce or eliminate duplication or overlap. (7) Develop, in consultation with the director and with consideration of available resources, a multiyear schedule for the discussion of long-term goals for the following departmental activities: (A) The department’s processing of hazardous waste facility permits and proposals to improve the efficiency of the permitting process, the relationship between the efficiency of the process and the time needed to review permit applications and reach permit decisions, and the amount of reimbursement required of permit applicants in the course of the permitting process. (B) The department’s duties and responsibilities in law and proposals to improve the department’s ability to meet those duties and responsibilities. (C) The site mitigation program and proposals for the prioritization of the cleanup of contaminated properties. (D) The department’s implementation of its enforcement activities. (Amended by Stats. 2022, Ch. 258, Sec. 36. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  119. 25125.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

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    The board may create advisory subcommittees, and those subcommittees may seek information and feedback and present recommendations to the full board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 justice and fee structure. Subcommittees formed pursuant to this section are authorized to do both of the following: (a) Seek information and feedback from any stakeholder or constituencies subject to the authorities implemented by the department or impacted by the department’s implementation of its authorities. (b) Present recommendations of the subcommittee to the full board for its consideration and action. The full board is not required to act on any recommendation presented by a subcommittee of the board. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  120. 25125.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

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    The board may adopt, amend, or repeal regulations needed to carry out this article, and it may adopt emergency regulations, subject to stated legal conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to enable it to carry into effect this article, including the authority to adopt regulations establishing fees as required pursuant to paragraph (1) of subdivision (b) of Section 25125.2. (b) Except as provided in subdivision (j) of Section 25125, 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 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the board pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law, and shall remain in effect until repealed by the board. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  121. 25125.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

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    If the board asks, the director or a designee must present and respond to the board about issues or items raised by the public, the ombudsperson, or a board member.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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, the ombudsperson, or a board member. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  122. 25125.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

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    The board must annually prepare and send an annual review of the department’s performance to the Secretary for Environmental Protection.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 objectives, including, but not limited to, the performance of the director. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  123. 25125.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

    Verify source ↗

    The board must appoint an ombudsperson and set procedures for the office’s duties. The ombudsperson’s office must act as an impartial public resource, handle complaints and suggestions, and report findings and recommendations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 the board. (b) The office of the ombudsperson shall serve as an impartial resource to the public, including stakeholders, by doing the following: (1) Receive complaints and suggestions from the public. (2) Evaluate complaints. (3) Report findings and make recommendations to the director and the board. (4) Render assistance to the public, when appropriate. (c) The board, in consultation with the director, may determine the activities, in addition to those specified in subdivision (b), the ombudsperson can undertake. (d) The board shall establish procedures governing the exercise of the ombudsperson’s duties, including all of the following: (1) Methods to encourage the submission of complaints or suggestions and safeguards to ensure confidentiality. (2) Forms to submit complaints and suggestions to the ombudsperson. (3) Criteria for prioritization of complaints and suggestions submitted to the ombudsperson. (4) Access to information and resources to improve understanding of the department’s activities and opportunities for involvement in the department’s regulatory processes. (e) Any person may submit a complaint or make a suggestion to the ombudsperson regarding any action, program, or policy of the department. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  124. 25125.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. )

    Verify source ↗

    The director and the board chairperson must appear before the appropriate Assembly and Senate policy committees when requested, and at least annually, to give an update on department performance.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 2.1. Board of Environmental Safety [25125 - 25125.9] ( Article 2.1 added by Stats. 2021, Ch. 73, Sec. 5. ) ## 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 and Senate to provide an update on the department’s performance as compared to its objectives, including, but not limited to, metrics established pursuant to paragraph (4) of subdivision (b) of Section 25125.2, the department’s progress in implementing any reform measures, and any other information the committees request. (Added by Stats. 2021, Ch. 73, Sec. 5. (SB 158) Effective July 12, 2021.)
  125. 25130.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3. Hazardous Waste Resource and Research Coordination Program [25130 - 25132] ( Article 3 repealed and added by Stats. 1987, Ch. 914, Sec. 2. )

    Verify source ↗

    The department must establish a hazardous waste research coordination program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3. Hazardous Waste Resource and Research Coordination Program [25130 - 25132] ( Article 3 repealed and added by Stats. 1987, Ch. 914, Sec. 2. ) ## 25130. The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components: (a) A data base containing information on known hazardous waste research being conducted within the state pursuant to Section 25131. (b) A pool of research consultants qualified in the field of hazardous waste management established pursuant to Section 25132. (Repealed and added by Stats. 1987, Ch. 914, Sec. 2.)
  126. 25131.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3. Hazardous Waste Resource and Research Coordination Program [25130 - 25132] ( Article 3 repealed and added by Stats. 1987, Ch. 914, Sec. 2. )

    Verify source ↗

    The department must assemble and update a database about ongoing hazardous waste research programs in the state, and make the information available to the public at a charge limited to printing and mailing costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3. Hazardous Waste Resource and Research Coordination Program [25130 - 25132] ( Article 3 repealed and added by Stats. 1987, Ch. 914, Sec. 2. ) ## 25131. (a) The department shall assemble a bibliographic cross-referenced data base containing all of the following information on known hazardous waste research programs which are ongoing within the state: (1) The institution or organization sponsoring the research program. (2) The principal investigators conducting the research. (3) A brief description of the research, including anticipated applications of the resulting information. (4) The specific problems facing hazardous waste generators that the research is designed to address, including, but not limited to, specific hazardous waste streams or specific production processes. (5) A summary of results already achieved by the research program. (6) The date on which the program began, and its expected completion date. (b) The department shall update the data base annually, and the department shall make the information in the data base available to the public at a cost not greater than the department’s printing and mailing costs. (Repealed and added by Stats. 1987, Ch. 914, Sec. 2.)
  127. 25132.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3. Hazardous Waste Resource and Research Coordination Program [25130 - 25132] ( Article 3 repealed and added by Stats. 1987, Ch. 914, Sec. 2. )

    Verify source ↗

    The department must maintain a pool of hazardous-waste research consultants and may use or consult with them for research and implementation work. Consultants in the pool may be paid compensation set by the department, including per diem and travel reimbursement.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3. Hazardous Waste Resource and Research Coordination Program [25130 - 25132] ( Article 3 repealed and added by Stats. 1987, Ch. 914, Sec. 2. ) ## 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 with the individual members of the pool to develop a directed approach to research in hazardous waste management. This approach shall include, but is not limited to, emphasis on interdisciplinary research into the relationships between air, water, and soils as media for the spread of hazardous substances and toxic effects in the environment. The department may utilize these research consultants as needed to implement this chapter. (b) Individual research consultants within the pool may receive compensation as determined by the department, including per diem and reimbursement for travel expenses incurred as a result of official business. (Repealed and added by Stats. 1987, Ch. 914, Sec. 2.)
  128. 25135.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3.5. Hazardous Waste Management Plans [25135- 25135.] ( Article 3.5 added by Stats. 1986, Ch. 1504, Sec. 6. )

    Verify source ↗

    The department must regularly prepare a hazardous waste management plan and related report, and the board must hold public hearings before approving the final plan.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 3.5. Hazardous Waste Management Plans [25135- 25135.] ( Article 3.5 added by Stats. 1986, Ch. 1504, Sec. 6. ) ## 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 approval. The state hazardous waste management plan shall be based on the report prepared pursuant to subdivision (b) and any other sources of information deemed relevant by the department. The state hazardous waste management plan shall serve as a comprehensive planning document for the management of hazardous waste in the state, as a useful informational source to guide state and local hazardous waste management efforts, and as a guide for the department’s implementation of its hazardous waste management program. (b) By March 1, 2023, and every three years thereafter, the department shall prepare, and post on its internet website, a report that includes an analysis of available data related to hazardous waste, including all of the following components: (1) An analysis of the hazardous waste streams produced in the state, including the sources of the data and any limitations of that data. The report shall present hazardous waste stream information for the hazardous waste types currently being generated, historically generated, and expected to be generated in the state in the future. In addition to statewide data, the report shall also present the hazardous waste stream information in each of the following categories: (A) The county in which each hazardous waste stream is generated. (B) The destination to which each hazardous waste stream is shipped. (C) The amount of hazardous waste disposed to land, both within the state and in other states. (D) The amount of hazardous waste treated, both within the state and in other states. (E) The amount of hazardous waste that is regulated under the federal act. (F) The amount of hazardous waste that is regulated only in the state. (G) An estimate of the types and volumes of hazardous waste that are generated, but are not required to be manifested, and therefore are not included in the department’s Hazardous Waste Tracking System, including hazardous wastes that are: (i) Treated onsite. (ii) Recycled onsite. (iii) Identified as universal wastes. (iv) Eligible to be managed under a management standard that is an alternative to full hazardous waste regulation. (2) Information regarding hazardous waste facilities that operate in the state, including all of the following: (A) Information regarding each hazardous waste facility, including a description of the facility, the amount of hazardous waste the facility is permitted to receive annually, and the amount of hazardous waste managed by the facility that is received from in-state versus out-of-state generators. The information provided pursuant to this subparagraph shall include information on both of the following: (i) Hazardous waste facilities that have been issued a permit to operate by the department. (ii) Any other hazardous waste facilities that are receiving any type of hazardous wastes from offsite that do not require a hazardous waste facilities permit to operate, such as universal waste handlers or temporary transfer stations. (B) An analysis of the location of each destination facility, including an assessment of the area in which the destination facility is located. For destination facilities located in the state, this analysis shall include zoning and other geographic information and the CalEnviroScreen score, and may include information from national environmental health screening tools. For destination facilities located in other states, the analysis shall include a similar assessment of the environmental conditions or vulnerability to environmental pollutants of the population surrounding each destination facility, to the extent data are available. (C) An analysis of the transportation of hazardous waste generated in the state, including information on the distance between the destination facilities and the generators that are sending hazardous waste to those destination facilities, the transportation options available to transport hazardous wastes to each destination facility, and the cost for transportation to each destination facility, including a calculated estimate of cost per mile traveled. (3) An analysis of national and international pollution prevention programs to inform recommendations to be proposed by the department for changes to the implementation of Article 11.8 (commencing with Section 25244) and Article 11.9 (commencing with Section 25244.12). (4) An analysis of the use of fees and their ability to influence or encourage the reduction in the generation of hazardous wastes. (5) An analysis of the criteria used to identify wastes as hazardous waste under state law. The analysis shall include all of the following: (A) An assessment of the extent to which the criteria that result in wastes being regulated as hazardous waste in California, as opposed to under the federal act, provide additional safeguards that are necessary to protect public health and the environment in the state. (B) An assessment of the existing hazardous waste identification criteria and the extent to which they reflect current science, technology, or analytical methods. (C) An assessment of additional contaminants, chemical constituents, or hazard characteristics or traits that are not currently included in the hazardous waste identification criteria, and the additional public health or environmental protections that could be achieved if those additional contaminants, chemical constituents, or hazard characteristics or traits were to be added to the hazardous waste identification criteria in the state. (c) Before publishing the final report required by subdivision (b), the department shall conduct workshops to present the draft report to the public and receive comments from the public on the draft report. The department shall, in finalizing the report required by subdivision (b), consider the public comments and revise the draft report as the department deems appropriate. (d) The state hazardous waste management plan prepared pursuant to subdivision (a) shall include, but is not limited to, all of the following: (1) A baseline of the amount and types of hazardous waste generated and disposed of in the state, and disposed of in other states, from which recommendations can be drawn and changes made to hazardous waste management practices, including the reduction in the amount of hazardous waste generated or disposed, can be measured. (2) Recommended goals to reduce the amount of hazardous waste generated or disposed of, including, but not limited to, goals based on all of the following: (A) Statewide total amounts of hazardous waste. (B) Total amounts of particular hazardous waste streams or hazardous waste types. (C) Total amounts of particular hazardous waste streams or hazardous waste types generated or disposed of by specific industry types or sectors. (3) (A) Recommendations for achieving the recommended goals identified pursuant to paragraph (2), including, but not limited to, recommendations for both of the following: (i) Techniques to measure hazardous waste being generated to account for variability in manufacturing production or other economic factors. (ii) Additional steps to be taken to accomplish all of the following: (I) Reducing the use of hazardous materials and increasing the use of less hazardous or nonhazardous alternatives to the maximum extent feasible. (II) Reducing the amount of hazardous waste disposed. (III) Reducing the amount of hazardous waste generated. (IV) Reducing the risk of exposure to communities threatened by releases of hazardous substances, as defined in Part 2 (commencing with Section 78000) of Division 45, and releases of hazardous wastes. (V) Reducing the risk of exposure to communities near sites contaminated by hazardous substances, as defined in Part 2 (commencing with Section 78000) of Division 45, and hazardous wastes. (B) Any recommendations for achieving the goals identified pursuant to paragraph (2) related to the generation and disposal of contaminated soils that are identified as hazardous waste shall ensure that subclauses (IV) and (V) of clause (ii) of subparagraph (A) are also accomplished. In addition, the recommendations shall not propose to reduce the amount of contaminated soils being generated or disposed solely by reducing the removal of contaminated soils from sites contaminated by hazardous substances or sites where releases of hazardous substances are threatened. (C) Any recommendations for achieving the goals identified pursuant to paragraph (2) related to the generation and disposal of household hazardous waste shall not propose to reduce the collection of household hazardous waste as a method to achieve the goal. (4) Recommendations for modifications to hazardous waste-related fees or financial incentives to encourage additional reductions in hazardous waste generation. (5) Recommendations for incorporating external or long-term costs into hazardous waste management decisionmaking. (6) Recommendations for allowing for public comment on and input into source reduction evaluation review and plans prepared by generators pursuant to Section 25244.19 and hazardous waste management performance reports prepared by generators pursuant to Section 25244.20. (7) Recommendations for changes to the department’s implementation of Article 11.8 (commencing with Section 25244) and Article 11.9 (commencing with Section 25244.12). (8) Recommendations for appropriate roles and responsibilities for the department, other agencies, local unified program agencies, and green business programs in achieving the goals of the state hazardous waste management plan. (9) Recommendations for changes to statutes and regulations that may create impediments to waste reduction and achieving the recommended goals identified pursuant to paragraph (2). (10) Recommendations for changes to statutes and regulations that enhance or facilitate accomplishment of the recommended goals identified pursuant to paragraph (2). (11) Recommendations regarding the criteria used to identify wastes as hazardous waste in California. The recommendations shall include all of the following: (A) Whether any wastes currently identified as hazardous waste in California, to the extent consistent with the federal act, may be managed under management standards that are different from the hazardous waste management requirements and still be protective of public health and the environment. (B) Whether the California hazardous waste identification criteria should be updated to reflect advances in science, technology, or analytical methods. (C) Whether additional contaminants, chemical constituents, or hazard characteristics or traits should be included in the hazardous waste identification criteria to be protective of public health and the environment, and whether additional wastes that are not currently required to be managed as hazardous waste under state law should be required to be managed in accordance with hazardous waste management requirements to protect public health and the environment. (12) Any other recommendations that would further the department’s implementation of its hazardous waste management program and the goals of this section. (e) Before approving the final state hazardous waste management plan prepared pursuant to subdivision (a), the board shall hold at least three public hearings in various parts of the state to receive comments from the public on the draft hazardous waste management plan. The board and the department, in finalizing the state hazardous waste management plan prepared pursuant to subdivision (a), shall consider the public comments and revise the draft state hazardous waste management plan as they deem appropriate. (f) (1) For purposes of implementing this section, using the funds appropriated for the 2021–22 fiscal year, the department may enter into necessary contracts to procure subject matter expertise or other technical assistance. The contracts are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, and Section 10295 of, and Article 4 (commencing with Section 10335) of Chapter 2 of, and Chapter 3 (commencing with Section 12100) of, Part 2 of Division 2 of the Public Contract Code, and any policies, procedures, and regulations authorized by those laws. (2) The department shall obtain approval from the Department of Finance before entering into a contract under this section. (Amended by Stats. 2022, Ch. 258, Sec. 37. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  129. 25140.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    The department must prepare and adopt lists of hazardous and extremely hazardous wastes, and may revise those lists when appropriate.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 which are determined to be extremely hazardous. When identifying such wastes the department shall consider, but not be limited to, the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. (Added by Stats. 1972, Ch. 1236.)
  130. 25141.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    The department must adopt regulations setting criteria and guidelines to identify hazardous and extremely hazardous wastes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. (b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify as hazardous waste or combinations of waste that, because of the quantity, concentration, or physical, chemical, or infectious characteristics of the waste, may do either of the following: (1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed. (c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 1995–96 Regular Session of the Legislature. (Amended by Stats. 2019, Ch. 497, Sec. 160. (AB 991) Effective January 1, 2020.)
  131. 25141.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    The department must review the acute aquatic toxicity criterion and, after that review, develop recommendations and cost estimates, then add the recommendations to the State Hazardous Waste Management Plan.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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, and as part of the department’s comprehensive evaluation of its criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, the department shall include a review of its acute aquatic toxicity criterion. (b) The department’s evaluation shall consider the continued value and necessity of the aquatic toxicity criterion, the threshold at which wastes are considered hazardous using the aquatic toxicity criterion, and the available test methods, including, but not limited to, calculation-based methods, with which a waste can be tested to determine whether it exhibits the criterion. (c) Once the review is completed, in addition to any other output or deliverable contemplated by the department as a result of the efforts for which the appropriation has been made by the Legislature in the Budget Act of 2022, the department shall develop recommendations on next steps to consider related to the aquatic toxicity criterion, threshold, and test methods, as well as cost estimates to carry out those recommendations. The department shall incorporate its recommendations into the State Hazardous Waste Management Plan that the department is required to prepare and produce pursuant to subdivision (a) of Section 25135. (Added by Stats. 2022, Ch. 274, Sec. 1. (AB 1793) Effective January 1, 2023.)
  132. 25141.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    The department cannot publish certain hazardous-waste rulemaking notices until peer review findings have issued and been reviewed, must submit specified analyses for public comment, and must complete extra scientific review steps before finalizing related regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) pertaining to the criteria and guidelines for the identification of hazardous waste or to management standards for special wastes until the findings of the external scientific peer review entity convened pursuant to Section 57004 have been issued and the department has reviewed those findings. (2) Notwithstanding any other provision of law, the department shall not publish a notice of a proposal to adopt, amend, or repeal the regulations specified in paragraph (1) before January 1, 1999. (b) With respect to the regulations specified in subdivision (a), the department shall submit for public comment its analysis of any hazardous waste management activity to be exempted from this chapter pursuant to subdivision (b) of Section 25150.6 and its demonstration that the exemption satisfies the requirements of subdivision (c) of Section 25150.6 on the earlier of the following dates: (1) The date that the department issues its draft environmental impact report on the proposed regulations. (2) The date the department publishes its notice of proposed regulatory action pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) Subdivision (b) does not prohibit the department from revising its analysis or demonstration to respond to public comments before the adoption of the regulations. (d) The department shall, prior to adopting the final version of any regulations specifying the criteria and guidelines for the identification of hazardous waste pursuant to Section 25141 and submitting the adopted regulations to the Office of Administrative Law, do all of the following: (1) Determine which aspects of the final version of the regulations have been changed subsequent to an external scientific peer review of the scientific basis and scientific portions of the regulations as initially proposed and identify the scientific basis and empirical data or other scientific findings, conclusions, and assumptions upon which the changes are premised. (2) Submit each change identified pursuant to paragraph (1), together with all supporting scientific material, to external scientific peer review pursuant to paragraph (1) of subdivision (d) of Section 57004 if both of the following apply: (A) The change is related to establishing a regulatory level, standard, or other requirement for the protection of public health, safety, or the environment. (B) The change is not directly related to, and is not a response to, the findings of the external scientific peer review of the regulations as initially proposed. (3) Comply with the requirements of paragraph (2) of subdivision (d) of Section 57004. (e) (1) The department may utilize the CalTox model and the criteria and guidelines for the identification of hazardous waste, if the criteria and guidelines have been adopted pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), to generate new values for soluble constituents. (2) Notwithstanding paragraph (1), the department shall not amend or repeal the regulations adopted pursuant to this chapter that are in effect on the effective date of the act adding this section during the 1997–98 Regular Session, with respect to the testing procedure employed to measure solubility or with respect to the regulatory thresholds measured by that testing procedure until an external scientific peer review entity convened pursuant to Section 57004 makes the following finding: (A) The new proposed testing procedure for solubility is based on sound scientific knowledge, methods, and practices and will predict, with a reasonable degree of accuracy, the long-term mobility in landfill leachate of each hazardous constituent for which the department has established by regulation a soluble threshold limit concentration. (B) For those hazardous constituents whose long-term mobility in landfill leachate cannot be accurately measured by any testing procedure that can be developed within a reasonable period of time, the soluble threshold limit concentration can be adjusted in a scientifically sound manner to compensate for the extent of inaccuracy of the testing procedure for that constituent. (3) In establishing revised total threshold limit concentrations in any proposed regulations pertaining to the criteria and guidelines for the identification of hazardous waste pursuant to Section 25141, the department shall not base the total threshold limit concentration for any hazardous constituent in whole, or in part, on an assumption that when wastes are placed on or in the land outside of a permitted disposal facility, those wastes will be mixed or diluted, unless an external scientific peer review entity convened pursuant to Section 57004 finds that the department has demonstrated, in a sound scientific manner, that the assumption that dilution or mixing will occur when the wastes are applied or disposed to land is a reasonable representation of waste management practices in the state, while taking into account reasonably foreseeable mismanagement of wastes, and that these application or disposal practices do not pose significant public health or environmental risks. (Added by Stats. 1998, Ch. 326, Sec. 1. Effective August 21, 1998.)
  133. 25141.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department must use specified criteria for classifying certain hazardous wastes, and it must adopt its classification decision into a regulation when the waste is likely to have broad application beyond the requester.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 of Regulations, as that section read on January 1, 1993, the department shall incorporate the department’s decision into a regulation, if the department determines that the waste’s classification as a hazardous waste is likely to have broad application beyond the producer who initiated the request. (b) Unless the department makes a determination after January 1, 1996, by regulation, that additional criteria are necessary to protect the public health, safety, and environment of the state, the department shall use the following criteria and procedures for the identification and regulation of the following types of hazardous waste: (1) In identifying wastes that are hazardous due to the characteristic of reactivity, the department shall rely on objective analytical tests, procedures, and numerical thresholds set forth in the regulations or guidance documents adopted by the United States Environmental Protection Agency. (2) (A) On and after January 1, 1997, in identifying wastes that are hazardous due to the characteristic of acute oral toxicity, as defined in the regulations adopted by the department pursuant to this chapter, the department shall use an oral LD50 threshold of less than 2,500 milligrams per kilogram, unless the department adopts revised regulations setting forth a different threshold for acute oral toxicity, based on a review and update of the scientific basis for this criterion. (B) Notwithstanding any other provision of this chapter or the regulations adopted by the department prior to January 1, 1996, to the extent consistent with the federal act, the substances listed in this subparagraph shall not be classified as hazardous waste due solely to the characteristic of acute oral toxicity. The language in parentheses following the scientific name of each of the substances listed in this paragraph describes one or more common uses of each substance, and is provided for informational purposes only. (i) Acetic acid (vinegar). (ii) Aluminum chloride (used in deodorants). (iii) Ammonium bromide (used in textile finishing and as an anticorrosive agent). (iv) Ammonium sulfate (used as a food additive and in fertilizer). (v) Anisole (used in perfumes and food flavoring). (vi) Boric acid (used in eyewashes and heat resistant glass). (vii) Calcium fluoride (used to fluoridate drinking water). (viii) Calcium formate (used in brewing and as a briquette binder). (ix) Calcium propionate (used as a food additive). (x) Cesium chloride (used in brewing and in mineral waters). (xi) Magnesium chloride (used as a flocculating agent). (xii) Potassium chloride (used as a salt substitute and a food additive). (xiii) Sodium bicarbonate (baking soda, used in antacids and mouthwashes). (xiv) Sodium borate decahydrate (borax, used in laundry detergents). (xv) Sodium carbonate (soda ash, used in textile processing). (xvi) Sodium chloride (table salt). (xvii) Sodium iodide (used as an iodine supplement and in cloud seeding). (xviii) Sodium tetraborate (borax, used in laundry detergents). (xix) The following oils commonly used as food flavorings: allspice oil, ceylon cinnamon oil, clarified slurry oil, dill oils, or lauryl leaf oil. (3) (A) Except as provided in subparagraph (B), a waste that would be classified as hazardous solely because it exceeds total threshold limit concentrations, as defined in regulations adopted by the department, shall be excluded from classification as a hazardous waste for purposes of disposal in, and is allowed to be disposed in, a disposal unit regulated as a permitted class I, II, or III disposal unit, pursuant to Section 2531 of Title 23, and Sections 20250 and 20260 of Title 27 of the California Code of Regulations, if, prior to disposal, the waste is managed in accordance with the management standards adopted by the department, by regulation, if any, for this specific type of waste. (B) Subparagraph (A) shall not apply to a hazardous waste that is a liquid, a sludge or sludge-like material, soil, a solid that is friable, powdered, or finely divided, a nonfilterable and nonmillable tarry material, or a waste that contains an organic substance that exceeds the total threshold limit concentration established by the department for that substance. (C) For purposes of this subparagraph (B), the following definitions shall apply: (i) A waste is liquid if it meets the test specified in subdivision (i) of Section 66268.32 of Title 22 of the California Code of Regulations. (ii) “Sludge or sludge-like material” means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, but does not include the treated effluent from wastewater treatment plants. (iii) “Friable, powdered, or finely divided” has the same meaning as used in the regulations adopted by the department pursuant to this chapter. (iv) “Nonfilterable and nonmillable tarry material” has the same meaning as used in the regulations adopted by the department pursuant to this chapter. (D) This paragraph does not affect the authority of a city or county regarding solid waste management under existing provisions of law. (c) Any regulations adopted pursuant to subdivision (b) shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare, and may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2000, Ch. 343, Sec. 6.4. Effective January 1, 2001.)
  134. 25141.5.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section defines “cannabis waste” and “plant waste,” and says plant waste and cannabis waste that only have the toxicity characteristic are excluded from hazardous waste classification.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 California Code of Regulations. (2) “Plant waste” means the waste of plant material that meets the definition of “agricultural material,” “green material,” or “vegetative food material” in Section 17852 of Title 14 of the California Code of Regulations. (b) Plant waste and cannabis waste solely exhibiting the hazardous waste characteristic of toxicity pursuant to paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations shall be excluded from classification as a hazardous waste. (Added by Stats. 2024, Ch. 839, Sec. 4. (AB 2643) Effective January 1, 2025.)
  135. 25141.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    If the department plans to decide that a waste meets hazardous-waste criteria but does not need hazardous-waste management, it must give public notice.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 hazardous wastes adopted pursuant to Section 25141, but that it is not necessary to manage the waste as a hazardous waste because the waste possesses mitigating physical and chemical characteristics that render it insignificant as a hazard to human health, safety, or the environment, the department shall issue a public notice of that proposed determination. The public notice shall be electronically posted on the department’s Internet home page at least 30 days before the determination becomes final and shall also be sent to all of the following: (a) The Chairperson of the California Environmental Policy Council. (b) The California Integrated Waste Management Board. (c) The State Water Resources Control Board. (d) Any person who requests the public notice. (e) Any solid waste enforcement agency or California regional water quality control board, the jurisdiction of which the department knows will be affected by the determination. (Added by Stats. 1999, Ch. 420, Sec. 1. Effective January 1, 2000.)
  136. 25142.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Waste meeting a criterion under Section 25141 must be handled under department permits, orders, regulations, and hazardous-waste facility building standards, or recycled until the department lists it under Section 25140.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 adopted by the department pursuant to this chapter and building standards published in the State Building Standards Code relating to hazardous waste facilities, or recycled consistent with the list of hazardous wastes which the department, pursuant to Section 25175, finds are economically and technologically feasible to recycle, until the waste is cited in a list adopted by the department pursuant to Section 25140. (Amended by Stats. 1988, Ch. 1631, Sec. 11.)
  137. 25142.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department must create and run a training, education, and enforcement program for listed hazardous-waste-related groups.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 25142.5. The department shall develop and implement a comprehensive training, education, and enforcement program for generators, transporters, and facility operators, for personnel conducting inspections for the departments, and for certified unified program agencies. The program shall be designed to increase awareness of the requirements governing the determination of whether a waste is hazardous, including, but not limited to, the requirements governing the use of the generator’s knowledge of a waste to determine if the waste is hazardous, and to enhance the level of enforcement of those requirements. In implementing this program, the department shall give priority to training, education, and enforcement activities relating to the classification of the particular waste streams that the department determines are the most susceptible to misclassification, including, but not limited to, oily water and contaminated soil. (Added by Stats. 1999, Ch. 629, Sec. 1. Effective January 1, 2000.)
  138. 25143.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department may grant hazardous-waste variances if stated conditions are met, but it must not grant variances from hazardous-waste classification or release-investigation/remediation requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 25143. (a) The department may grant a variance from one or more of the requirements of this chapter, or the regulations adopted pursuant to this chapter, for the management of a hazardous waste if all of the following conditions apply: (1) One of the following conditions applies: (A) The hazardous waste is solely a non-RCRA hazardous waste or the hazardous waste or its management is exempt from, or is not otherwise regulated pursuant to, the federal act. (B) The requirement from which a variance is being granted is not a requirement of the federal act, or the regulations adopted to implement the federal act. (C) The department has issued, or is simultaneously issuing, a variance from the federal act for the hazardous waste management pursuant to subdivision (c). (2) The department makes one of the following findings: (A) The hazardous waste, the amount of the hazardous waste, or the hazardous waste management activity or management unit is insignificant or unimportant as a potential hazard to human health and safety or to the environment, when managed in accordance with the conditions, limitations, and other requirements specified in the variance. (B) The requirements, from which a variance is being granted, are insignificant or unimportant in preventing or minimizing a potential hazard to human health and safety or the environment. (C) The handling, processing, or disposal of the hazardous waste, or the hazardous waste management activity, is regulated by another governmental agency in a manner that ensures it will not pose a substantial present or potential hazard to human health and safety, and the environment. (D) A requirement imposed by another public agency provides protection of human health and safety or the environment equivalent to the protection provided by the requirement from which the variance is being granted. (3) The variance is granted in accordance with this section. (b) (1) The department may grant a variance upon receipt of a variance application for a site or sites owned or operated by an individual or business concern. The individual or business concern submitting the application for a variance shall submit to the department sufficient information to enable the department to determine if all of the conditions required by subdivision (a) are satisfied for all situations within the scope of the requested variance. (2) The department may also grant a variance, on its own initiative, to one or more individuals or business concerns. If the variance is granted to more than one individual or business concern, the department, in granting the variance pursuant to this paragraph, shall comply with all of the following requirements: (A) The department shall make all of the following findings, in addition to the findings required pursuant to paragraph (2) of subdivision (a): (i) That the variance is necessary to address a temporary situation, or that the variance is needed to address an ongoing situation pending the adoption of regulations by the department. (ii) That the variance will not create a substantive competitive disadvantage for a member or members of a specific class of facilities. This finding shall be based upon information available to the department at the time that the variance is granted. (iii) That there are no reasonably foreseeable site-specific physical or operating conditions that could potentially impact the finding made by the department pursuant to paragraph (2) of subdivision (a). This finding shall be supported by substantial evidence in the record as a whole, and shall be based upon both of the following: (I) The types of hazardous waste streams, the estimated amounts of hazardous waste, and the locations that are affected by the variance. The estimate of the amounts of hazardous waste that are affected by the variance shall be based upon information reasonably available to the department. (II) Due inquiry, with respect to the hazardous waste streams and management activities affected by the variance, regarding the potential for mismanagement, enforcement and site remediation experience, and proximity to sensitive receptors. (B) The variance shall not be granted for a period of more than one year. A variance granted pursuant to this paragraph may be renewed for one additional one-year period, if the department makes a finding that the variance has not resulted in harm to human health or safety or to the environment and that there has been substantial compliance with the conditions contained in the variance. (C) The department shall issue a public notice at least 30 days prior to granting the variance to allow an opportunity for public comment. The public notice shall be issued in the California Regulatory Register, to the department’s regulatory mailing list, and to all potentially affected hazardous waste facilities and generators known to the department. The department shall, upon request, hold a public meeting prior to granting the variance. In granting the variance and in making the findings required by paragraph (2) of subdivision (a) and subparagraph (A), the department shall consider all public comments received. (D) The department shall not grant a variance pursuant to this paragraph from the definition of, or classification as, a hazardous waste, or from requirements pertaining to the investigation or remediation of releases of hazardous waste or constituents. (E) The authority of the department to grant or renew variances pursuant to this paragraph shall remain in effect only until January 1, 2002, unless a later enacted statute, which is enacted before January 1, 2002, deletes or extends that date. This subparagraph shall not be construed to invalidate any variance granted pursuant to this paragraph prior to the expiration of the department’s authority. (c) (1) In addition to the variance authorized pursuant to subdivisions (a) and (b), the department, after making one of the findings specified in paragraph (2) of subdivision (a), may also grant a variance from the requirements of the federal act in accordance with the provisions of Sections 260.30, 260.31, 260.32, and 260.33 of Title 40 of the Code of Federal Regulations, or any successor federal regulations, regarding the issuance of variances from classification of a material as a solid waste or variances classifying enclosed devices using controlled flame combustion as boilers. (2) This subdivision shall take effect on the date that the department obtains authorization from the Environmental Protection Agency to implement those provisions of the federal act that are identified in paragraph (1). (d) Each variance issued pursuant to this section shall be issued on a form prescribed by the department and shall, as applicable, include, but not be limited to, all of the following: (1) Information identifying the individuals or business concerns to which the variance applies. This identification shall be by name, location of the site or sites, type of hazardous waste generated or managed, or type of hazardous waste management activity, as applicable. (2) As applicable, a description of the physical characteristics and chemical composition of the hazardous waste or the specifications of the hazardous waste management activity or unit to which the variance applies. (3) The time period during which the variance is effective. (4) A specification of the requirements of this chapter or the regulations adopted pursuant to this chapter from which the variance is granted. (5) A specification of the conditions, limitations, or other requirements to which the variance is subject. (e) (1) Variances issued pursuant to this section are subject to review at the discretion of the department and may be revoked or modified at any time. (2) The department shall revoke or modify a variance if the department finds any of the following: (A) The conditions required by this section are no longer satisfied. (B) The holder of the variance is in violation of one or more of the conditions, limitations, or other requirements of the variance, and, as a result of the violation, the conditions required by this section are no longer satisfied. (C) If the variance was granted because of the finding specified in subparagraph (C) or (D) of paragraph (2) of subdivision (a), the holder of the variance is in violation of one or more of the regulatory requirements of another governmental agency to which the holder is subject and the violation invalidates that finding. (f) Within 30 days from the date of granting a variance, the department shall issue a public notice on the California Regulatory Register. (Amended by Stats. 1997, Ch. 870, Sec. 2. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
  139. 25143.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Some geothermal and mineral-related wastes are exempt from this chapter, and operators must file written notice before certain exemptions end or change.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 wastes is regulated by the California regional water quality control boards. (b) (1) Wastes from the extraction, beneficiation, and processing of ores and minerals that are not subject to regulation under the federal act are exempt from the requirements of this chapter, except the requirements of Article 9.5 (commencing with Section 25208), as provided in paragraph (2). (2) The wastes subject to this subdivision are subject to Article 9.5 (commencing with Section 25208) and Part 2 (commencing with Section 78000) of Division 45 if the wastes would otherwise be classified as hazardous wastes pursuant to Section 25117 and the regulations adopted pursuant to Section 25141. (3) For purposes of this subdivision, the following definitions shall apply: (A) “Wastes from the extraction, beneficiation, and processing of ores and minerals” means any of the following: (i) Soil, waste rock, overburden, and other solid, semisolid, or liquid natural materials that are removed, unearthed, or otherwise displaced as a result of excavating or recovering an ore or a mineral. (ii) Residuals of ores or minerals after those ores or minerals have been removed, unearthed, or otherwise displaced from their natural sites and physically or chemically treated or otherwise managed in order to separate or concentrate the commercial product present in the ore or mineral, or processed to produce a final marketable product. (iii) Spent brine solutions that are used to produce geothermal energy and that are transferred, via a closed piping system, to an adjacent facility for reclamation, beneficiation, or processing to recover minerals or other commercial substances, if the spent brine solutions, and any liquid residuals derived from the solutions, satisfy all of the following conditions: (I) Are managed in accordance with the standards set forth in Section 261.4(a)(17)(i) to (iii), inclusive, of Title 40 of the Code of Federal Regulations. (II) Are returned after processing, via closed piping, and subsequently managed in accordance with the exemption provided in subdivision (c). (III) Are not a solid or semisolid hazardous residuals. This subclause applies to materials that include, but are not limited to, filter cakes that are not covered by the exemption provided in subdivision (c). (B) “Minerals” has the same meaning as defined in Section 2005 of the Public Resources Code. (c) (1) Except as provided in paragraphs (3) and (4), geothermal waste, excluding filter cake, that is generated from the exploration, development, or production of geothermal energy and that does not result from drilling for geothermal resources, is exempt from the requirements of this chapter, if the geothermal waste meets either of the following requirements: (A) The geothermal waste is contained within a piping system, nonearthen trench, or descaling area, or within related equipment, that is associated with the geothermal plant where the waste was generated. (B) The geothermal waste is within the physical boundaries of a lined surface impoundment associated with the geothermal plant where the waste was generated. (2) If geothermal waste that is exempted pursuant to subparagraph (B) of paragraph (1) is relocated to an elevated location inside a lined surface impoundment for dewatering, that waste shall be removed from the surface impoundment within 30 days of the relocation and while the waste still contains sufficient moisture to prevent wind dispersion, except for residuals that are impractical to remove. The geothermal waste shall be deemed to be generated at the time of removal and shall be properly managed as hazardous waste pursuant to the requirements of this chapter. (3) A geothermal waste that is exempt pursuant to this subdivision ceases to be exempt from the requirements of this chapter, and shall be deemed to have been generated, when any of the following occur: (A) It is no longer contained in one or more of the following, as described in paragraph (1): (i) A piping system. (ii) Nonearthen trench. (iii) Descaling area. (iv) Related equipment. (v) Lined surface impoundment. (B) It is left in a geothermal piping system, a related piping system, a nonearthen trench, a descaling area, or another piece of related equipment 18 months after the date the geothermal power plant last produced power, unless prior to that date the operator submits a written notification, as described in paragraph (4) to the department, and the department acknowledges the notification in writing. (C) It is left in a lined surface impoundment and at any time poses an imminent potential threat to areas outside the surface impoundment due to windblown fugitive dusts. (D) It remains in a unit no longer actively regulated by the regional water quality control board. (E) It is left in a lined surface impoundment 18 months after the date the surface impoundment has last received waste, unless prior to that date the operator submits a written notification as described in paragraph (4) to the department, and the department acknowledges the notification in writing. (4) The notification that is required to be submitted by an operator pursuant to subparagraphs (B) and (E) of paragraph (3) shall contain all of the following information: (A) The name and address of the operator, and the address and physical location of the plant or surface impoundment in which the waste will be stored. (B) Estimated dates on which the units will resume operation. (C) A description of how the waste will be stored and managed, demonstrating to the department that the waste will not pose a significant hazard to human health and safety or the environment. (5) This subdivision does not exempt hazardous waste that is either not directly associated with geothermal energy exploration, development, and production, or that is not exempted from the federal act pursuant to paragraph (5) of subdivision (b) of Section 261.4 of Title 40 of the Code of Federal Regulations, or both. Hazardous waste that is not exempted pursuant to this subdivision includes, but is not limited to, used oil generated from vehicles or the lubrication of machinery. (Amended by Stats. 2022, Ch. 258, Sec. 38. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  140. 25143.1.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section defines “wood waste” and says certain preservative-treated wood waste removed from electric, gas, or telephone service is exempt from this chapter if specific landfill and waste-regulation conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 lumber. (b) Any wood waste, previously treated with a preservative, that has been removed from electric, gas, or telephone service, is exempt from the requirements of this chapter if all of the following conditions are met: (1) The wood waste is not subject to regulation as a hazardous waste under the federal act. (2) The wood waste is disposed of in a composite-lined portion of a municipal solid waste landfill that meets any requirements imposed by the state policy adopted pursuant to Section 13140 of the Water Code and regulations adopted pursuant to Sections 13172 and 13173 of the Water Code. (3) The solid waste landfill used for disposal is authorized to accept the wood waste under waste discharge requirements issued by the California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. (Added by Stats. 1995, Ch. 670, Sec. 1. Effective January 1, 1996.)
  141. 25143.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Certain generators and handlers of recyclable material must report specified information to the statewide information management system when monthly amounts exceed 100 kilograms.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 qualifies for exclusion or exemption pursuant to Section 25143.2 shall, in the first month that more than 100 kilograms of the material is generated, submit all of the following information, using the format established pursuant to subdivision (g), to the statewide information management system: (1) The name, site address, mailing address, and telephone number of the owner or operator of any facility that accumulates, manages, or recycles the material. (2) The name and address of the generator of the recyclable material. (3) Documentation that the requirements of any exemptions or exclusions pursuant to Section 25143.2 are met, including, but not limited to, all of the following: (A) If a person who accumulates, manages, or recycles the material is not the same person who generated the recyclable material, documentation that there is a known market for disposition of the recyclable material and any products manufactured from the recyclable material. (B) If the basis for the exclusion is that the recyclable material is used or reused to make a product, or as a safe and effective substitute for a commercial product, a general description of the material and products, identification of the constituents or group of constituents, and their approximate concentrations, that would render the material or product hazardous under the regulations adopted pursuant to Sections 25140 and 25141, if it were a waste, and the means by which the material is beneficially used. (b) Any person, other than the generator, who accumulates, manages, or recycles the recyclable material identified by the generator pursuant to subdivision (a) shall submit the information required by subdivision (a) using the format established pursuant to subdivision (g) to the statewide information management system. (c) Any person required to submit the information under subdivision (a) or (b) shall submit to the statewide information management system the information required in subdivision (a) within 60 days of the date when the generation, accumulation, management, or recycling of the material is permanently discontinued. (d) A person who generates, accumulates, manages, or recycles more than 100 kilograms of recyclable material in any month shall resubmit to the statewide information management system the information required in subdivisions (a) and (b) by July 1 of each even-numbered year, and shall cover all recyclable material generation, accumulation, management, and recycling activities from January 1 of the prior even-numbered year to December 31, inclusive, of the previous year. (e) Except as provided in Section 25404.5, the governing body of a city or county may adopt an ordinance or resolution pursuant to Section 101325 to pay for the actual expenses of the activities carried out by local officers or agencies pursuant to subdivision (a). (f) If a person who accumulates, manages, or recycles material under a generator’s claim that the material qualifies for exclusion or exemption pursuant to Section 25143.2 is not the same person who generated the recyclable material, the person who generates the material shall obtain from persons who accumulate, manage, or recycle the material any information necessary to submit a report pursuant to subdivisions (a) and (b). (g) A person providing to the statewide information management system the information required by subdivisions (a), (b), and (c) shall use a format developed by the unified program agencies in consultation with the department. The format shall be provided to all users via the statewide information management system and shall include, at a minimum, all pertinent data defined in the Data Dictionary for Regulated Activities in Subdivision 1 (commencing with Section 1) of Division 3 of Title 27 of the California Code of Regulations. (h) A recyclable material generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste treatment manufacturing unit is not subject to the requirements of this section until the recyclable material exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the material remains in the unit for more than 90 days after the unit ceases to be operated for manufacturing, storage, or transportation of the product or raw material. (Amended by Stats. 2023, Ch. 207, Sec. 2. (AB 1716) Effective January 1, 2024.)
  142. 25143.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department must adopt regulations exempting secondary materials from this chapter by January 1, 1997, if consistent with the federal act and protection of public health, safety, and the environment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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, safety, and the environment, adopt regulations exempting secondary materials from this chapter. Those regulations shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. In adopting the regulations, the department shall consider the restrictions listed in paragraph (8) of subsection (a) of Section 261.4 of Title 40 of the Code of Federal Regulations which apply to the exclusion of secondary materials from regulation under the federal act. (b) For purposes of this section, “secondary materials” means materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process. (Added by Stats. 1995, Ch. 625, Sec. 1. Effective January 1, 1996.)
  143. 25143.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Debris contaminated only with crude oil or its fractions is exempt from regulation under this chapter if it meets all listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 chapter if all of the following conditions are met: (a) The debris consists exclusively of wood, paper, textile materials, concrete rubble, metallic objects, or other solid manufactured objects. (b) The debris is not subject to regulation as a hazardous waste or used oil under federal law. (c) The debris does not contain any free liquids, as determined by the paint filter test specified in the regulations adopted by the department. (d) The debris, if not contaminated with crude oil or any of its fractions, would not be regulated as a hazardous waste under this chapter or the regulations adopted pursuant to this chapter. (e) The debris is not a container or tank that is subject to regulation as hazardous waste under this chapter or the regulations adopted pursuant to this chapter. (f) The debris is disposed of in a composite lined portion of a waste management unit that is classified as either a Class I or Class II waste management unit in accordance with Article 3 (commencing with Section 2530) of Chapter 15 of Division 3 of Title 23 of the California Code of Regulations, the disposal is made in accordance with the applicable requirements of the California regional water quality control board and the California Integrated Waste Management Board, and, if the waste management unit is a Class II landfill, it is sited, designed, constructed, and operated in accordance with the minimum standards applicable on or after October 9, 1993, to new or expanded municipal solid waste landfills, that are contained in Part 258 (commencing with Section 258.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations read on January 1, 1996. (Amended by Stats. 2001, Ch. 605, Sec. 3. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.)
  144. 25143.13.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Silver-containing wastes are regulated only to the extent they are covered by the federal act, with a specific exemption for certain wastes not subject to federal RCRA regulation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 wastes solely due to the presence of silver in the waste are subject to regulation under this chapter solely to the extent that these wastes are subject to regulation under the federal act. This subdivision does not apply to wastes that are classified as non-RCRA hazardous wastes due to the presence of constituents or characteristics other than silver. (b) Notwithstanding any other provision of law, wastes containing silver or silver compounds are exempt from regulation under this chapter if the wastes are not subject to regulation under the federal act as RCRA hazardous waste, and the wastes would otherwise be subject to regulation under this chapter solely due to the presence of silver in the waste. (c) With respect to treatment of a hazardous waste, subdivision (a) applies only to the removal of silver from photoimaging solutions and photoimaging solution wastewaters. Any other treatment of wastes containing silver or silver compounds that are RCRA hazardous wastes is subject to all of the applicable requirements of this chapter. (d) The department shall amend its regulations, as necessary, to conform to this section. Until the department amends these regulations, the applicable regulations adopted by the Environmental Protection Agency pursuant to the federal act pertaining to the regulation of wastes containing silver or silver compounds, which are regulated as RCRA hazardous wastes solely due to the presence of silver in the waste, shall be deemed to be the regulations of the department, except as otherwise provided in subdivision (c). (e) This section shall not be construed to limit or abridge the powers or duties granted to any state or local agency pursuant to any law, other than this chapter, to regulate wastes containing silver or silver compounds. (Amended by Stats. 2000, Ch. 343, Sec. 6.6. Effective January 1, 2001.)
  145. 25143.14.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section says certain residues removed from equipment for cleaning and continued use are regulated only after removal, and that removing them is generation—not treatment—of hazardous waste, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 use are subject to regulation under this chapter only after the residues have been removed from the equipment. (b) Except as otherwise provided in subdivisions (c) and (d), the act of removing residues from equipment for the purpose of cleaning the equipment for continued use constitutes generation, and not treatment, of a hazardous waste. (c) Subdivisions (a) and (b) only apply to equipment that is not being used to manage hazardous waste. (d) Residues that are not hazardous waste, as defined in Section 25117, including residues that are not discarded materials pursuant to subdivision (c) of Section 25124, are not subject to regulation under this chapter. (Added by Stats. 1998, Ch. 506, Sec. 2. Effective January 1, 1999.)
  146. 25143.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Recyclable materials are generally regulated as hazardous-waste-related materials unless a listed exclusion, exemption, variance, or other exception applies.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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, unless the department issues a variance pursuant to Section 25143, or except as provided otherwise in subdivision (b), (c), or (d) or in the regulations adopted by the department pursuant to Sections 25150 and 25151. (b) Except as otherwise provided in subdivisions (e), (f), and (g), recyclable material that is managed in accordance with Section 25143.9 and is or will be recycled by any of the following methods shall be excluded from classification as a waste: (1) Used or reused as an ingredient in an industrial process to make a product if the material is not being reclaimed. (2) Used or reused as a safe and effective substitute for commercial products if the material is not being reclaimed. (3) Returned to the original process from which the material was generated, without first being reclaimed, if the material is returned as a substitute for raw material feedstock, and the process uses raw materials as principal feedstocks. (c) Except as otherwise provided in subdivision (e), any recyclable material may be recycled at a facility that is not authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) if either of the following requirements is met: (1) The material is a petroleum refinery waste containing oil that is converted into petroleum coke at the same facility at which the waste was generated unless the resulting coke product would be identified as a hazardous waste under this chapter. (2) The material meets all of the following conditions: (A) The material is recycled and used at the same facility at which the material was generated. (B) The material is recycled within the applicable generator accumulation time limits specified in Section 25123.3 and the regulations adopted by the department pursuant to paragraph (1) of subdivision (b) of Section 25123.3. (C) The material is managed in accordance with all applicable requirements for generators of hazardous wastes under this chapter and regulations adopted by the department. (d) Except as otherwise provided in subdivisions (e), (f), (g), and (h), recyclable material that meets the definition of a non-RCRA hazardous waste in Section 25117.9, is managed in accordance with Section 25143.9, and meets or will meet any of the following requirements is excluded from classification as a waste: (1) The material can be shown to be recycled and used at the site where the material was generated. (2) The material qualifies as one or more of the following: (A) The material is a product that has been processed from a hazardous waste, or has been handled, at a facility authorized by the department pursuant to the facility permit requirements of Article 9 (commencing with Section 25200) to process or handle the material, if the product meets both of the following conditions: (i) The product does not contain constituents, other than those for which the material is being recycled, that render the material hazardous under regulations adopted pursuant to Sections 25140 and 25141. (ii) The product is used, or distributed or sold for use, in a manner for which the product is commonly used. (B) The material is a petroleum refinery waste containing oil that is converted into petroleum coke at the same facility at which the waste was generated, unless the resulting coke product would be identified as a hazardous waste under this chapter. (C) The material is oily waste, used oil, or spent nonhalogenated solvent that is managed by the owner or operator of a refinery that is processing primarily crude oil and is not subject to permit requirements for the recycling of used oil, of a public utility, or of a corporate subsidiary, corporate parent, or subsidiary of the same corporate parent of the refinery or public utility, and meets all of the following requirements: (i) The material is either burned in an industrial boiler, an industrial furnace, an incinerator, or a utility boiler that is in compliance with all applicable federal and state laws, or is recombined with normal process streams to produce a fuel or other refined petroleum product. (ii) The material is managed at the site where it was generated; managed at another site owned or operated by the generator, a corporate subsidiary of the generator, a subsidiary of the same entity of which the generator is a subsidiary, or the corporate parent of the generator; or, if the material is generated in the course of oil or gas exploration or production, managed by an unrelated refinery receiving the waste through a common pipeline. (iii) The material does not contain constituents, other than those for which the material is being recycled, that render the material hazardous under regulations adopted pursuant to Sections 25140 and 25141, unless the material is an oil-bearing material or recovered oil that is managed in accordance with subdivisions (a) and (c) of Section 25144 or unless the material is used oil removed from equipment, vehicles, or engines used primarily at the refinery where it is to be used to produce fuels or other refined petroleum products and the used oil is managed in accordance with Section 279.22 of Title 40 of the Code of Federal Regulations prior to insertion into the refining process. (D) The material is a fuel that is transferred to, and processed into, a fuel or other refined petroleum product at a petroleum refinery, as defined in paragraph (4) of subdivision (a) of Section 25144, and meets one of the following requirements: (i) The fuel has been removed from a fuel tank and is contaminated with water or nonhazardous debris, of not more than 2 percent by weight, including, but not limited to, rust or sand. (ii) The fuel has been unintentionally mixed with an unused petroleum product. (3) The material is transported between locations operated by the same person who generated the material, if the material is recycled at the last location operated by that person and all of the conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of paragraph (4) are met. If requested by the department or by any official authorized to enforce this section pursuant to subdivision (a) of Section 25180, a person handling material subject to this paragraph, within 15 days from the date of receipt of the request, shall supply documentation to show that the requirements of this paragraph have been satisfied. (4) (A) The material is transferred between locations operated by the same person who generated the material, if the material is to be recycled at an authorized offsite hazardous waste facility and if all of the following conditions are met: (i) The material is transferred by employees of that person in vehicles under the control of that person or by a registered hazardous waste hauler under contract to that person. (ii) The material is not handled at any interim location. (iii) The material is not held at any publicly accessible interim location for more than four hours unless required by other provisions of law. (iv) The material is managed in compliance with this chapter and the regulations adopted pursuant to this chapter prior to the initial transportation of the material and after the receipt of the material at the last location operated by that person. Upon receipt of the material at the last location operated by that person, the material shall be deemed to have been generated at that location. (v) All of the following information is maintained in an operating log at the last location operated by that person and kept for at least three years after receipt of the material at that location: (I) The name and address of each generator location contributing material to each shipment received. (II) The quantity and type of material contributed by each generator to each shipment of material. (III) The destination and intended disposition of all material shipped offsite or received. (IV) The date of each shipment received or sent offsite. (vi) If requested by the department, or by any law enforcement official, a person handling material subject to this paragraph, within 15 days from the date of receipt of the request, shall supply documentation to show that the requirements of this paragraph have been satisfied. (B) For purposes of paragraph (3) and subparagraph (A) of this paragraph, “person” also includes corporate subsidiary, corporate parent, or subsidiary of the same corporate parent. (C) Persons that are a corporate subsidiary, corporate parent, or subsidiary of the same corporate parent, and that manage recyclable materials under paragraph (3) or subparagraph (A) of this paragraph, are jointly and severally liable for any activities excluded from regulation pursuant to this section. (5) The material is used or reused as an ingredient in an industrial process to make a product if the material meets all of the following requirements: (A) The material is not a wastewater that meets all of the following criteria: (i) The wastewater is a non-RCRA hazardous waste. (ii) The wastewater contains more than 75 parts per million of total petroleum hydrocarbons, as determined by use of United States Environmental Protection Agency Method 1664, Revision A for Silica Gel Treated N-Hexane Extractable Material. (iii) The wastewater has been transported offsite to a facility, that is not a publicly owned treatment works, a facility owned by the generator, or a corporate subsidiary, corporate parent, or a subsidiary of the same corporate parent of the generator. (B) Any discharges to air from the treatment of the material by the procedures specified in subparagraph (C) do not contain constituents that are hazardous wastes pursuant to the regulations of the department and are in compliance with applicable air pollution control laws. (C) The material is not being treated except by one or more of the following procedures: (i) Filtering. (ii) Screening. (iii) Sorting. (iv) Sieving. (v) Grinding. (vi) Physical or gravity separation without the addition of external heat or any chemicals. (vii) pH adjustment. (viii) Viscosity adjustment. (6) The material is used or reused as a safe and effective substitute for commercial products, if the material meets all of the following requirements: (A) The material is not a wastewater that meets all of the following criteria: (i) The wastewater is a non-RCRA hazardous waste. (ii) The wastewater contains more than 75 parts per million of total petroleum hydrocarbons, as determined by use of United States Environmental Protection Agency Method 1664, Revision A for Silica Gel Treated N-Hexane Extractable Material. (iii) The wastewater has been transported offsite to a facility that is not a publicly owned treatment works, or a facility owned by the generator, or a corporate subsidiary, corporate parent, or a subsidiary of the same corporate parent of the generator. (B) Any discharges to air from the treatment of the material by the procedures specified in subparagraph (C) do not contain constituents that are hazardous wastes pursuant to the regulations of the department and the discharges are in compliance with applicable air pollution control laws. (C) The material is not being treated, except by one or more of the following procedures: (i) Filtering. (ii) Screening. (iii) Sorting. (iv) Sieving. (v) Grinding. (vi) Physical or gravity separation without the addition of external heat or any chemicals. (vii) pH adjustment. (viii) Viscosity adjustment. (7) The material is a chlorofluorocarbon or hydrochlorofluorocarbon compound or a combination of chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being reused or recycled, and is used in heat transfer equipment, including, but not limited to, mobile air-conditioning systems, mobile refrigeration, and commercial and industrial air-conditioning and refrigeration systems, used in fire extinguishing products, or contained within foam products. (e) Notwithstanding subdivisions (b), (c), and (d), all of the following recyclable materials are hazardous wastes and subject to full regulation under this chapter, even if the recycling involves use, reuse, or return to the original process as described in subdivision (b), and even if the recycling involves activities or materials described in subdivisions (c) and (d): (1) Materials that are a RCRA hazardous waste, as defined in Section 25120.2, used in a manner constituting disposal, or used to produce products that are applied to the land, including, but not limited to, materials used to produce a fertilizer, soil amendment, agricultural mineral, or an auxiliary soil and plant substance. (2) Materials that are a non-RCRA hazardous waste, as defined in Section 25117.9, and used in a manner constituting disposal or used to produce products that are applied to the land as a fertilizer, soil amendment, agricultural mineral, or an auxiliary soil and plant substance. The department may adopt regulations to exclude materials from regulation pursuant to this paragraph. (3) Materials burned for energy recovery, used to produce a fuel, or contained in fuels, except materials exempted under paragraph (1) of subdivision (c) or excluded under subparagraph (B), (C), or (D) of paragraph (2) of subdivision (d). (4) Materials accumulated speculatively. (5) Materials determined to be inherently wastelike pursuant to regulations adopted by the department. (6) Used or spent etchants, stripping solutions, and plating solutions that are transported to an offsite facility operated by a person other than the generator and either of the following applies: (A) The etchants or solutions are no longer fit for their originally purchased or manufactured purpose. (B) If the etchants or solutions are reused, the generator and the user cannot document that they are used for their originally purchased or manufactured purpose without prior treatment. (7) Used oil, as defined in subdivision (a) of Section 25250.1, unless one of the following applies: (A) The used oil is excluded under subparagraph (B) or (C) of paragraph (2) of subdivision (d), paragraph (4) of subdivision (d), subdivision (b) of Section 25250.1, or Section 25250.3, and is managed in accordance with the applicable requirements of Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations. (B) The used oil is used or reused on the site where it was generated or is excluded under paragraph (3) of subdivision (d), is managed in accordance with the applicable requirements of Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations, and is not any of the following: (i) Used in a manner constituting disposal or used to produce a product that is applied to land. (ii) Burned for energy recovery or used to produce a fuel unless the used oil is excluded under subparagraph (B) or (C) of paragraph (2) of subdivision (d). (iii) Accumulated speculatively. (iv) Determined to be inherently wastelike pursuant to regulations adopted by the department. (f) (1) Any person who manages a recyclable material under a claim that the material qualifies for exclusion or exemption pursuant to this section shall provide, upon request, to the department, the California Environmental Protection Agency, or any local agency or official authorized to bring an action as provided in Section 25180, all of the following information: (A) The name, street and mailing address, and telephone number of the owner or operator of any facility that manages the material. (B) Any other information related to the management by that person of the material requested by the department, the California Environmental Protection Agency, or the authorized local agency or official. (2) Any person claiming an exclusion or an exemption pursuant to this section shall maintain adequate records to demonstrate to the satisfaction of the requesting agency or official that there is a known market or disposition for the material, and that the requirements of any exemption or exclusion pursuant to this section are met. (3) For purposes of determining that the conditions for exclusion from classification as a waste pursuant to this section are met, any person, facility, site, or vehicle engaged in the management of a material under a claim that the material is excluded from classification as a waste pursuant to this section is subject to Section 25185. (g) For purposes of Part 2 (commencing with Section 78000) of Division 45, recyclable materials excluded from classification as a waste pursuant to this section are not excluded from the definition of hazardous substances in paragraph (7) of subdivision (a) of Section 78075. (h) Used oil that fails to qualify for exclusion pursuant to subdivision (d) solely because the used oil is a RCRA hazardous waste may be managed pursuant to subdivision (d) if the used oil is also managed in accordance with the applicable requirements of Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2022, Ch. 258, Sec. 39. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  147. 25143.2.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section defines several CRT-related terms and limits how certain recycled CRT panel glass may be used, while giving the department power to prohibit an end use and requiring notice to recyclers.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 electrical signal into a visual image. (2) “CRT device” means any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers, and oscilloscopes. (3) “CRT funnel glass” means any glass separated from CRT panel glass that is derived from the treatment of a CRT and that consists of the neck and funnel section of a CRT, including the frit. (4) “CRT panel glass” means glass separated from CRT funnel glass that is derived from the treatment of a CRT and that consists only of the face plate of a CRT containing a phosphor viewing surface. CRT panel glass does not include the frit. (5) “CRT panel glass without phosphor” means CRT panel glass that has undergone treatment by an authorized universal waste handler to remove the phosphor. (b) Used, broken CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by the department pursuant to this chapter, including the prohibition on the use of that glass in a manner constituting disposal, if it is recycled and meets the requirements of Section 261.39 of Title 40 of the Code of Federal Regulations. (c) CRT panel glass without phosphor that exceeds the TTLC only for barium is not a waste and is not subject to regulation by the department pursuant to this chapter, including the prohibition on the use of that glass in a manner constituting disposal, if that glass meets the requirements of Section 66273.81 of Title 22 of the California Code of Regulations and is managed in accordance with the requirements of Section 261.39 of Title 40 of the Code of Federal Regulations. (d) CRT panel glass meeting the requirements of subdivision (b) or (c) that is recycled may be used only for the following end uses: (1) Tiles, including floor or wall tiles. (2) Fiberglass. (3) Radiation shielding glass. (4) Decorative glass. (5) Bricks. (6) Cast concrete. (7) Blasting media. (8) Construction block. (9) Any other end uses identified by the department, in consultation with the Department of Resources Recycling and Recovery, that pose no risk to the public health and safety. (e) The department may prohibit any previously authorized end use if the department determines that the end use potentially poses environmental or public health harm. The department shall notify the recyclers of the prohibition not less than 60 days prior to the effective date of the prohibition. (f) Used, broken CRT panel glass and processed CRT panel glass that exceeds the TTLC only for barium and that is recycled is not subject to any requirement implementing this chapter regarding export of materials. (g) Except regarding the barium threshold, this section does not affect, in any manner, the regulations adopted pursuant to this chapter regulating the processing of CRT panel glass for disposal. (h) This section does not affect the identification or classification of a waste that is derived from the end use products listed in or identified pursuant to subdivision (d). (i) This section does not affect, in any manner, the authority of the Department of Resources Recovery and Recycling under Section 41821.5 of, or Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of, the Public Resources Code. (j) This section does not apply to any CRT panel glass that is used to manufacture any product or packaging intended to be used for food or food products, including pet food and livestock feeds, any medicines or drugs, any medical devices, any baby bottles, any other food service items, including wine glasses, plates, bowls, or drinking glasses, or any other manufactured articles or products for which the department declares that that use may have a potential adverse impact upon human health. Such a declaration by the department need not be risk-based and need not meet the peer review requirements that may otherwise be required by law. (k) This section does not affect, in any manner, the Toxics in Packaging Prevention Act (Article 10.4 (commencing with Section 25214.11)) or the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5)). (Added by Stats. 2016, Ch. 445, Sec. 1. (AB 1419) Effective January 1, 2017.)
  148. 25143.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department must treat the EPA spent sulfuric acid regulations as its own regulations until it adopts new rules on the subject.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 Regulations (50 Fed. Reg. 665) are the regulations of the department and shall remain in effect until the department adopts regulations regarding this subject. It is the intent of the Legislature that the regulations adopted by the department be at least equivalent to, and in substantial conformance with that Section 261.4(a)(7). Further, it is the intent of the Legislature that the department may define in the regulations the term “spent sulfuric acid” as it deems necessary to avoid sham recycling, as described on page 638 of Volume 50 of the Federal Register by the Environmental Protection Agency. (Added by Stats. 1985, Ch. 1594, Sec. 7.)
  149. 25143.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department must adopt regulations allowing certain reclaimed pulping liquors to be reused. Separately, a kraft mill may burn certain wood-derived organic materials as fuel without a hazardous waste permit if specific material and air-district conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 recovery furnace, and which are equivalent to the regulations in Section 261.4 (a)(6) of Title 40 of the Code of Federal Regulations. Until the department adopts these regulations, the regulations adopted by the Environmental Protection Agency regarding pulping liquors that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, as set forth in Section 261.4 (a)(6) of Title 40 of the Code of Federal Regulations, shall be deemed to be the regulations of the department. (b) To the extent consistent with the federal act, and notwithstanding any other provision of law, organic materials, including, but not limited to, crude sulfate turpentine and methanol, that are derived from wood processed at kraft pulping mills to produce wood pulp, may be burned as a fuel by the mill which produced the materials, without obtaining a hazardous waste facilities permit or other grant of authorization from the department, if all of the following requirements are met: (1) The materials exhibit only the characteristics listed in Section 66261.21 of, and paragraph (6) of subdivision (a) of Section 66261.24 of, Title 22 of the California Code of Regulations. (2) The materials have heating values comparable to that of commercially available fuels. (3) The materials are not contaminated or mixed with hazardous constituents from other processes. (4) The combustion of the materials is regulated by an air pollution control district or air quality management district. (Added by Stats. 1995, Ch. 401, Sec. 1. Effective January 1, 1996.)
  150. 25143.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    The department must classify certain biomass-combustion ash and residue as nonhazardous waste unless it determines the material is hazardous, and operators must notify the department of significant changes in specified circumstances.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 control residues, generated from a biomass combustion process, as defined in subdivision (g), if the combustion process will be adequately monitored and controlled so as to prevent the handling or the disposal of any waste in a manner prohibited by law, unless the department determines that the ash or residue is hazardous, by testing a representative sample of the ash or residue pursuant to criteria adopted by the department. (b) The fly ash, bottom ash, and flue gas emission control residues that are classified as nonhazardous by the department are exempt from this chapter. (c) An operator of a biomass facility which converts biomass into energy for which the department has classified the ash or residue as hazardous shall notify the department whenever there has been a significant change in the waste entering the combustion process, the combustion process itself, or in the management of the ash or residues generated by the facility. An operator of a biomass facility that converts biomass into energy, with regard to which the department has classified the ash or residue as nonhazardous, shall notify the department when there has been a significant change in the waste entering the combustion process or in the combustion process itself. (d) For purposes of classifying fly ash, bottom ash, and flue gas emission control residues generated by the combustion of municipal solid waste in a facility, with regard to which the department classified the ash or residue as nonhazardous, on or before January 1, 1985, the sampling of the ash or residue, for purposes of classification by the department, shall occur at the point in the process following onsite treatment of the ash or residue. (e) Notwithstanding any other provision of law, this section applies only to fly ash, bottom ash, and flue gas emission control residues which are not RCRA hazardous waste. (f) Notwithstanding any other provision of law, the test specified in the regulations adopted by the department with regard to a waste exhibiting the characteristic of corrosivity if representative samples of the waste are not aqueous and produce a solution with a pH that is less than, or equal to, two or greater than, or equal to, 12.5, as specified in paragraph (3) of subdivision (a) of Section 66261.22 of Title 22 of the California Code of Regulations, as that section read on January 1, 1996, shall not apply to ash generated from a biomass combustion process that is managed in accordance with applicable regulations administered by the California regional water quality control board, is used beneficially in a manner that results in lowering the pH below 12.5 but above 2.0, is not accumulated speculatively, and is available for commercial use. (g) For purposes of this section, the following definitions shall apply: (1) “Biomass combustion process” means a combustion process that has a primary energy source of biomass or biomass waste, and of which 75 percent of the total energy input is from those sources during any calendar year, and of which 25 percent or less of the other energy sources do not include sewage sludge, industrial sludge, medical waste, hazardous waste, radioactive waste, or municipal solid waste. (2) “Biomass” or “biomass waste” means any organic material not derived from fossil fuels, such as agricultural crop residues, bark, lawn, yard and garden clippings, leaves, silvicultural residue, tree and brush pruning, wood and wood chips, and wood waste, including these materials when separated from other waste streams. “Biomass” or “biomass waste” does not include material containing sewage sludge, industrial sludge, medical waste, hazardous waste, or radioactive waste. (Amended by Stats. 1996, Ch. 962, Sec. 2. Effective January 1, 1997.)
  151. 25143.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Some spent brine solutions are exempt from this chapter if the listed conditions are met; operators must keep financial assurances, and untreated brine must still be handled under the chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 this chapter if all of the following conditions are met: (1) The treatment of these spent brine solutions by dewatering via a closed piping system to lined surface impoundments is specifically approved by the applicable regional water quality control board. (2) The spent brine solutions are transferred for dewatering via a closed piping system to lined surface impoundments regulated by the California regional water quality control boards. (3) The spent brine solutions are treated, prior to transfer to lined surface impoundments, with a technology that renders the spent brine solutions nonhazardous for all contaminants except selenium. (4) Mitigation measures, which shall be approved by the Department of Fish and Wildlife, are used to prevent birds from coming into contact with spent brine solutions in lined surface impoundments containing hazardous levels of selenium. (b) If spent brine solution that is exempt pursuant to subdivision (a) is relocated to an elevated location inside a lined surface impoundment for further dewatering, the waste from that spent brine solution shall be removed from the lined surface impoundment while it still contains sufficient moisture to prevent wind dispersion. (c) Waste from spent brine solutions exempt pursuant to subdivision (a) shall be deemed generated at the time of removal from a lined surface impoundment and shall be managed pursuant to the requirements of this chapter if determined to be a hazardous waste. (d) Operators of surface impoundments used for the treatment of spent brine solutions shall maintain financial assurances consistent with the requirements of this chapter. (e) Untreated spent brine solutions shall be managed in accordance with this chapter. (Added by Stats. 2017, Ch. 840, Sec. 1. (AB 474) Effective January 1, 2018.)
  152. 25143.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    Asbestos-containing waste may be disposed of at a landfill only if the landfill’s waste discharge requirements allow it and the waste is handled and disposed of under the Toxic Substances Control Act and other applicable laws and regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 allow the disposal of such waste, provided that the wastes are handled and disposed of in accordance with the Toxic Substances Control Act (P.L. 94-469) and all applicable laws and regulations. (Added by Stats. 1986, Ch. 1451, Sec. 8. Effective September 30, 1986.)
  153. 25143.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section defines “cementitious material” and exempts qualifying waste cementitious material from the corrosivity test and hazardous-waste classification.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 adopted by the department with regard to a waste exhibiting the characteristic of corrosivity if representative samples of the waste are not aqueous and produce a solution with a pH less than or equal to 2 or greater than or equal to 12.5, as specified in paragraph (3) of subdivision (a) of Section 66261.22 of Title 22 of the California Code of Regulations, as that section read on January 1, 1996, shall not apply to waste cementitious material which is managed in accordance with applicable regulations administered by the California regional water quality control board at the cement manufacturing facility where it was generated. (c) Cementitious material which is a nonaqueous waste, is managed in accordance with applicable regulations administered by the regional water quality control board at the cement manufacturing facility where it was generated, and would otherwise be classified as a hazardous waste based solely on the test specified in paragraph (3) of subdivision (a) of Section 66261.22 of Title 22 of the California Code of Regulations, as that section read on January 1, 1996, is excluded from classification as a hazardous waste pursuant to this chapter. (Added by Stats. 1995, Ch. 847, Sec. 1. Effective January 1, 1996.)
  154. 25143.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    A recyclable material can avoid being treated as waste only if the listed labeling, planning, management, and export conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 requirements are met: (a) The material is held in a container, tank, containment building, or waste pile that is labeled, marked, and placarded in accordance with the department’s hazardous waste labeling, marking, and placarding requirements applicable to generators, except that the container, tank, or containment building shall be labeled or marked clearly with the words “Excluded Recyclable Material,” instead of the words “Hazardous Waste,” and manifest document numbers are not applicable. If labeling or marking the waste pile is not practicable, the required labeling or marking shall be posted on signage displayed at the location where the material is stored. If the material is used oil, the containers, aboveground tanks, and fill pipes used to transfer oil into underground storage tanks shall also be labeled or clearly marked with the words “Used Oil.” (b) The material is addressed in a business plan that meets the requirements of Article 1 (commencing with Section 25500) of Chapter 6.95 for the location at which the material is generated, accumulated, or otherwise managed. If the quantity of the material is not enough to otherwise require a business plan, the business shall ensure that an emergency plan that meets the department’s emergency response and contingency requirements applicable to generators of hazardous waste is available at the site. (c) The material is managed in accordance with paragraphs (1) and (2), provided that the most stringent or broadest-in-scope requirements are met: (1) The material is stored and handled in accordance with all local ordinances and codes, including, but not limited to, codes requiring secondary containment for hazardous materials storage and fire codes (for example, the California Fire Code found in Part 9 of Title 24 of the California Code of Regulations), governing the storage and handling of the hazardous material. (2) The material is managed in accordance with the department’s interim status requirements applicable to generators in Chapter 12 (commencing with Section 66262.10) and Chapter 15 (commencing with Section 66265.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations, and as follows: (A) For containers, in accordance with Article 9 (commencing with Section 66265.170) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations. (B) For tank systems, in accordance with Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations, except for Sections 66265.191, 66265.192, and 66265.196, subdivision (c) of Section 66265.197, and Section 66265.200. (C) For waste piles, in accordance with Article 12 (commencing with Section 66265.250) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations. (D) For containment buildings, in accordance with Article 29 (commencing with Section 66265.1100) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations. (d) If the material is being exported to a foreign country, the person exporting the material shall meet the requirements of Section 25162.1. (Amended by Stats. 2023, Ch. 207, Sec. 1. (AB 1716) Effective January 1, 2024.)
  155. 25144.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section defines several oil-related terms and exempts certain biological treatment processes and oil-recovery units from the chapter if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 degrees Fahrenheit and 14.7 pounds per square inch absolute pressure. “Oil” does not include any of the following, unless it is exempt from regulation under paragraph (1) of subdivision (g) of Section 279.10 of, or paragraph (5) of subdivision (g) of Section 279.10 of, Part 279 of Title 40 of the Code of Federal Regulations: (A) Spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, heavy equipment, or machinery powered by an internal combustion engine. (B) Spent industrial oils, including compressor, turbine, and bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and railroad drainings. (2) “Oil-bearing materials” means any liquid or semisolid material containing oil, partially refined petroleum products, or petroleum products. “Oil-bearing materials” do not include either of the following: (A) Soil from remediation projects. (B) Contaminated groundwater that is generated at, or originating from the operation, maintenance, or cleanup of, service stations, as defined in Section 13650 of the Business and Professions Code. (3) “Oil recovery operations” means the physical separation of oil from oil-bearing materials by means of gravity separation, centrifugation, filter pressing, or other dewatering processes, with or without the addition of heat, chemical flocculants, air, or natural gas to enhance separation. (4) “Petroleum refinery” means an establishment that has the Standard Industrial Classification Code 2911 and that is not subject to the permit requirements for the recycling of used oil imposed pursuant to Article 9 (commencing with Section 25200). (5) “Subsidiary” means a corporate entity engaged in the exploration, production, transportation, refining, marketing, or distribution of crude oil or petroleum products. (b) (1) Except as provided in paragraph (2), a biological process on the property of the producer treating oil, its products, and water, that meets the definition of a non-RCRA waste, and that produces an effluent that is continuously discharged to navigable waters in compliance with a permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is exempt from this chapter. (2) Residues produced in the treatment process and subsequently removed that conform to any criterion for the identification of a hazardous waste adopted pursuant to Section 25141 are not exempt from this chapter. (c) To the extent consistent with the applicable provisions of the federal act, units, including associated piping, that are part of a system used for the recovery of oil from oil-bearing materials, and the associated storage of oil-bearing materials and the recovered oil, are exempt from this chapter, if all of the following conditions are met: (1) The oil recovery operations are conducted at a petroleum refinery, or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary of the corporate entity. (2) The oil-bearing materials are generated at the refinery or at another facility owned or operated by the corporate entity that owns or operates the refinery, or a corporate parent or subsidiary, including a sister subsidiary, of the corporate entity, or are generated in the course of oil or gas exploration or production operations conducted by an unrelated entity and placed in a common pipeline. (3) The recovered oil is inserted into petroleum refinery process units to produce fuel or other refined petroleum products. This paragraph does not allow the direct blending, into final petroleum products, of oil-bearing materials or recovered oil that contain constituents that render these materials hazardous under the regulations adopted pursuant to Sections 25140 and 25141, other than those for which the material is being recycled. (4) The recovered oil is not stored in a surface impoundment or accumulated speculatively at the refinery or at an offsite facility. (5) Any residual materials removed from a unit that is exempt under this subdivision are managed in accordance with all other applicable laws. (6) The oil-bearing materials would be excluded from classification as a waste pursuant to, or would otherwise meet the requirements for an exemption under, Section 25143.2, except that the following provisions do not apply to those oil-bearing materials: (A) The prohibitions against prior reclamation in paragraphs (1), (2), and (3) of subdivision (b) of Section 25143.2. (B) Subparagraph (C) of paragraph (2) of subdivision (c) of Section 25143.2. (C) Paragraph (3) of subdivision (e) of Section 25143.2. (D) Sections 25143.9 and 25143.10. (E) The exceptions for wastewater containing more than 75 parts per million of total petroleum hydrocarbons, as provided by subparagraph (A) of paragraph (5) of, and subparagraph (A) of paragraph (6) of, subdivision (d) of Section 25143.2. (Amended by Stats. 2001, Ch. 866, Sec. 2. Effective January 1, 2002.)
  156. 25144.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

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    This section defines reusable soiled textile materials and gives qualifying facilities an exemption from certain hazardous waste permit and article requirements, if listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 and towels which may become soiled with hazardous waste during commercial or industrial use, and are made reusable by laundering or comparable methods of cleaning. (b) Reusable soiled textile materials that meet all of the following requirements are exempt from Section 25205.5 and from Article 6 (commencing with Section 25160) and Article 6.5 (commencing with Section 25167.1): (1) The materials or the management of the materials are not otherwise regulated by the United States Environmental Protection Agency pursuant to the federal act. (2) The materials are not used to clean up or control a spill or release that is required to be reported to any state or federal agency. (3) No hazardous waste has been added after the materials’ original use. (4) No free liquids, as defined by Section 22-66260.10 of Title 26 of the California Code of Regulations, are released during transportation or storage of the materials. (5) The facility laundering or cleaning the materials maintains records of the date, type, and quantities by piecework or weight of the materials collected and laundered. (6) The facility laundering or cleaning the materials prepares a contingency plan that specifies procedures for handling both onsite and offsite emergencies involving the materials, and employees are trained in the execution of the plan. (c) Notwithstanding Sections 25201 and 25245, a facility laundering or using comparable methods of cleaning reusable soiled textile materials and performing the pretreatment necessary to remove metals and organics from the wastewater that results from the wash process is not required to obtain a hazardous waste facilities permit or other grant of authorization, and is exempt from the requirements of Article 12 (commencing with Section 25245), if the facility meets all of the following requirements: (1) Management procedures are in place to ensure that the reusable soiled textile materials are managed in accordance with all the requirements specified in subdivision (b). (2) The waste washwater conveyances and containers are constructed of materials to ensure that they are impervious under the conditions of use, and are visually inspected at least twice a year to ensure that waste washwater is not leaking into the underlying soil. A facility that is in compliance with this paragraph is not subject to the requirements of Section 22-66264.193 of Title 26 of the California Code of Regulations. (3) The sludge collected from the washing process is managed in accordance with this chapter. (4) The facility has a training program in place that ensures that the facility personnel are able to safely and properly handle and clean the reusable soiled textile materials and to respond effectively to emergencies by familiarizing them with emergency procedures, equipment, and systems. (5) The facility is in compliance with the requirements of paragraphs (2) to (6), inclusive, and paragraphs (8) and (10), of subdivision (d) of Section 25201.5. (6) (A) The facility complies with the notification requirements of paragraph (7) of subdivision (d) of Section 25201.5. (B) Except as provided in Section 25404.5, the generator submits a fee in the amount required by Section 25205.2. The generator shall submit that fee within 30 days of the date that the fee is assessed by the California Department of Tax and Fee Administration, in the manner specified by Section 43152.6 of the Revenue and Taxation Code. (d) This section does not affect the application of Section 25143.2 to reusable soiled textile materials. (Amended by Stats. 2021, Ch. 73, Sec. 18. (SB 158) Effective July 12, 2021.)
  157. 25144.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    Used fuel filters removed from fuel dispensers are not treated as treatment under this chapter if listed requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 filters that are removed from fuel dispensers is not treatment, for purposes of this chapter, if all of the following requirements are met: (a) The person draining the filters complies with the requirements of the air pollution control district or air quality management district , with the requirements of the State Water Resources Control Board and the California regional water quality control boards, and with the requirements of local ordinances, that apply to that activity. (b) The drained fuels are used or otherwise managed in accordance with applicable law. (c) The housing for the filter and the drained filter medium are managed in accordance with applicable law. (Added by Stats. 1998, Ch. 532, Sec. 1. Effective January 1, 1999.)
  158. 25145.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section says the chapter does not limit certain board, department, or enforcement powers, and it does not reduce anyone’s duty to comply with the chapter, related regulations, orders, or permits.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 quality control board by Division 7 (commencing with Section 13000) of the Water Code. (b) Subdivision (a) shall not be construed to limit the power or authority of the department, or any agency or official authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, to take any action necessary to ensure compliance with this chapter or with any regulation adopted pursuant to this chapter, or to limit the duty of any person to comply with this chapter or with any regulation, order, or permit issued pursuant to this chapter. An action taken pursuant to the powers and duties specified in subdivision (a) is not a defense to any action taken to enforce this chapter or any regulation, order, or permit issued pursuant to this chapter. (Amended by Stats. 1995, Ch. 639, Sec. 12. Effective January 1, 1996.)
  159. 25145.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. )

    Verify source ↗

    This section says the Attorney General may enforce this chapter by seeking injunctions, remedial action, and civil or criminal penalties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4. Listings [25140 - 25145.4] ( Article 4 added by Stats. 1972, Ch. 1236. ) ## 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 request of the department or director, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin any violation of the provisions of this chapter, seek necessary remedial action by any person who violates any of the provisions of this chapter, or seek civil and criminal penalties against any person who violates any of the provisions of this chapter. (Added by Stats. 1982, Ch. 496, Sec. 2. Effective July 12, 1982.)
  160. 25146.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

    Verify source ↗

    The Legislature states that hazardous waste disposal facilities are decreasing while demand is increasing, creating an imbalance that is likely to grow.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 present circumstances and law, imbalance between supply and demand is likely to further increase in the foreseeable future. This problem is general in nature, and does and will continue to exist in urban, suburban, and rural areas. (Added by Stats. 1981, Ch. 244.)
  161. 25146.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

    Verify source ↗

    The Legislature states that existing hazardous waste facilities should be retained as much as feasible because suitable disposal land is shrinking and longer transport distances can encourage illegal disposal.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 waste facilities be retained to the extent feasible. (b) The availability of land suitable and capable of being developed as hazardous waste disposal sites is decreasing. (c) Any decrease in the number of existing hazardous waste facilities increases the distance that it is necessary to transport hazardous waste in order to properly dispose of it. (d) An increase in the distance which it is necessary to travel in order to properly dispose of hazardous waste encourages illegal disposal. (Added by Stats. 1981, Ch. 244.)
  162. 25147.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    This section says the article is not intended to override local land use regulation of existing hazardous waste facilities, except as expressly provided in Section 25149.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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. (Added by Stats. 1981, Ch. 244.)
  163. 25147.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

    Verify source ↗

    The definitions in this article control how only this article is interpreted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 25147.5. The definitions contained in this article shall govern the construction of only this article. (Added by Stats. 1981, Ch. 244.)
  164. 25148.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    This section defines “existing hazardous waste facility” and excludes certain on-site facilities that only handle hazardous waste produced by the owner or lessee.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 of the California Administrative Code on the effective date of this article, and which, in addition, is either: (1) A facility operating as of May 1, 1981, pursuant to a valid hazardous waste facility permit issued by the department pursuant to Section 25200. (2) A facility operating as of May 1, 1981, pursuant to a grant of interim status by the department pursuant to Section 25200.5. (b) An “existing hazardous waste facility” does not include a facility which treats, disposes, stores, or recycles on the production site only hazardous wastes produced by the owner or lessee of such a facility. (Added by Stats. 1981, Ch. 244.)
  165. 25148.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    This section defines “solid waste” and excludes hazardous waste defined elsewhere.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 25148.5. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, but shall not include hazardous waste as defined in Section 25117. (Added by Stats. 1981, Ch. 244.)
  166. 25149.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    Local governments generally may not regulate an existing hazardous waste facility in a way that prohibits or unreasonably restricts waste disposal, treatment, or resource recovery, unless specified exceptions apply or the director finds an imminent and substantial endangerment after notice and hearing.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 city or county, whether chartered or general law, or district may enact, issue, enforce, suspend, revoke, or modify any ordinance, regulation, law, license, or permit relating to an existing hazardous waste facility so as to prohibit or unreasonably regulate the disposal, treatment, or recovery of resources from hazardous waste or a mix of hazardous and solid wastes at that facility, unless, after public notice and hearing, the director determines that the operation of the facility may present an imminent and substantial endangerment to health and the environment. However, nothing in this section authorizes an operator of that facility to violate any term or condition of a local land use permit or any other provision of law not in conflict with this section. (b) The director shall, pursuant to subdivision (c), conduct the hearing specified in subdivision (a) to determine whether the operation of an existing hazardous waste facility may present an imminent and substantial endangerment to health and the environment whenever any of the following occurs: (1) A state or federal public agency requires any person to evacuate a residence or requires the evacuation of a school, place of employment, commercial establishment, or other facility to which the public has access, because of the release of a hazardous substance from the facility. (2) For more than five days in any month, the air emissions from the facility result in the violation of an emission standard for a hazardous air pollutant established pursuant to Section 7412 of Title 42 of the United States Code or the threshold exposure level for a toxic air contaminant, as defined in Section 39655. (3) A state or federal public agency requires that the use of a source of drinking water be discontinued because of the contamination of the source by a release of hazardous waste, hazardous substances, or leachate from the facility. (4) A state agency, or the board of supervisors of the county in which the facility is located, upon recommendation of its local health officer, makes a finding that the public health has been affected by a release of hazardous wastes from the facility. The finding shall be based on statistically significant data developed in a health effects study conducted according to a study design, and using a methodology, that are developed after considering the suggestions on study design and methodology made by interested parties and that are approved by the Epidemiological Studies Section in the Epidemiology and Toxicology Branch of the State Department of Health Services before beginning the study. (5) The owner or operator of the facility is in violation of an order issued pursuant to Section 25187 that requires one or both of the following: (A) The correction of a violation or condition that has resulted, or threatens to result, in an unauthorized release of hazardous waste or a constituent of hazardous waste from the facility into either the onsite or offsite environment. (B) The cleanup of a release of hazardous waste or a constituent of hazardous waste, the abatement of the effects of the release, and any other necessary remedial action. (6) The facility is in violation of an order issued pursuant to Article 1 (commencing with Section 13300) of, or Article 2 (commencing with Section 13320) of, Chapter 5 of Division 7 of the Water Code or in violation of a temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to Article 4 (commencing with Section 13340) of Chapter 5 of Division 7 of the Water Code. (c) Whenever the director determines that a hearing is required, as specified in subdivision (b), the director shall immediately request the Office of Administrative Hearings to assign an administrative law judge to conduct the hearing, pursuant to this subdivision. (1) After an administrative law judge is assigned by the Office of Administrative Hearings, the director shall transmit to the administrative law judge and to the operator of the existing hazardous waste facility, all relevant documents, information, and data that were the basis for the director’s determination. The director shall also prepare a notice specifying the time and place of the hearing. The notice shall also include a clear statement of the reasons for conducting the hearing, a description of the facts, data, circumstances, or occurrences that are the cause for conducting the hearing, and the issues to be addressed at the hearing. The hearing shall be held as close to the location of the existing hazardous waste facility as is practicable and shall commence no later than 30 days following the director’s request to the Office of Administrative Hearings to assign an administrative law judge to the case. (2) The hearing specified in paragraph (1) shall be conducted in accordance with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Sections 11511 to 11515, inclusive, of, the Government Code. The administrative law judge’s proposed decision shall be transmitted to the director within 30 days after the case is submitted. (3) The director may adopt the proposed decision of the administrative law judge in its entirety or may decide the case upon the record, as provided in Section 11517 of the Government Code. The director’s decision shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision is subject to judicial review in accordance with Section 11523 of the Government Code. (Amended by Stats. 2000, Ch. 343, Sec. 7. Effective January 1, 2001.)
  167. 25149.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    A local government that issued a conditional use permit for a hazardous waste facility cannot later add new permit or rule restrictions on the types of hazardous waste already authorized.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 thereafter adopt an ordinance, rule, or regulation, or issue or amend any permit, which adoption, issuance, or amendment imposes additional restrictions on the types of hazardous waste which previously have been authorized to be accepted for disposal, treatment, or storage under the terms and conditions of any previously issued conditional use permit for that facility. (b) This section does not apply to a modification or revocation of a use permit which is necessary to enforce the terms and conditions of the use permit, or to abate a nuisance, or to prevent an immediate threat to the public health or safety. Modification or revocation of an existing use permit may only occur after the city, county, or city and county orders the facility operator to abate the nuisance or correct the threat to the public health or safety, the facility operator has been afforded adequate opportunity to abate the nuisance or correct the threat to the public health or safety, and the facility operator has failed to comply with the enforcement or abatement order. (c) This section does not apply to an existing hazardous waste facility, as defined in Section 25148. (Added by Stats. 1982, Ch. 1357, Sec. 1.)
  168. 25149.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    A general law city or county may charge a license tax on an existing hazardous waste facility, but the tax cannot exceed 10% of annual gross receipts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 that, the license tax imposed shall not exceed 10 percent of the annual gross receipts of the existing hazardous waste disposal facility. (b) A state agency shall not include the expenditure of revenues received by a city or county pursuant to this section in calculating the level of financial support that a city or county is required to maintain under any other provision of law, including, but not limited to, Section 77204 of the Government Code and Section 16990 of the Welfare and Institutions Code. However, this subdivision does not apply to subdivision (c) of Section 2105 of the Streets and Highways Code. (Amended by Stats. 1991, Ch. 1073, Sec. 1.)
  169. 25149.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    Local governments where an existing hazardous waste facility is located may recommend new or additional permit or interim status conditions to the director.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 permit or interim status conditions as the local agency deems necessary to protect against hazards within its boundaries to the public health, domestic livestock, wildlife, or the environment. (Added by Stats. 1981, Ch. 244.)
  170. 25149.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. )

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    This section says nothing in the article or any ruling by the department or director can limit a person’s right to bring a civil nuisance action.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 4.5. State Regulation of Existing Hazardous Waste Facilities [25146 - 25149.7] ( Article 4.5 added by Stats. 1981, Ch. 244. ) ## 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 action to enjoin or abate a nuisance pursuant to Section 731 of the Code of Civil Procedure. (Added by Stats. 1981, Ch. 244.)
  171. 25150.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must adopt and revise hazardous-waste standards and recycling regulations, apply them through the department and local enforcement agencies, and notify listed local agencies before adopting regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 public health, to domestic livestock, to wildlife, or to the environment. (b) The department and the local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180 shall apply the standards and regulations adopted pursuant to subdivision (a) to the management of hazardous waste. (c) Except as provided in subdivision (d), the department may limit the application of the standards and regulations adopted or revised pursuant to subdivision (a) at facilities operating pursuant to a hazardous waste facilities permit or other grant of authorization issued by the department in any manner that the department determines to be appropriate, including, but not limited to, requiring these facilities to apply for, and receive, a permit modification prior to the application of the standards and regulations. (d) The department shall not adopt or revise standards and regulations which result in the imposition of any requirement for the management of a RCRA waste that is less stringent than a corresponding requirement adopted by the Environmental Protection Agency pursuant to the federal act. (e) The department shall adopt, and revise when appropriate, regulations for the recycling of hazardous waste to protect against hazards to the public health, domestic livestock, wildlife, or to the environment, and to encourage the best use of natural resources. (f) Before the adoption of regulations, the department shall notify all agencies of interested local governments, including, but not limited to, certified unified program agencies, local governing bodies, local planning agencies, local health authorities, local building inspection departments, the Department of Pesticide Regulation, the Department of the California Highway Patrol, the Department of Fish and Game, the Department of Industrial Relations, the Division of Industrial Safety, the State Air Resources Board, the State Water Resources Control Board, the State Fire Marshal, regional water quality control boards, the State Building Standards Commission, the Office of Environmental Health Hazard Assessment, and the California Integrated Waste Management Board. (Amended by Stats. 2000, Ch. 343, Sec. 8. Effective January 1, 2001.)
  172. 25150.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must adopt regulations for certain underground storage tanks that handle hazardous waste, and the listed requirements apply to their construction, operation, maintenance, monitoring, and testing.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 25150.1. The requirements in Sections 25290.1, 25290.2, 25291, and 25292 apply to the construction, operation, maintenance, monitoring, and testing of underground storage tanks, as defined in subdivision (y) of Section 25281, that are required to obtain hazardous waste facilities permits from the department. The department shall adopt regulations implementing the requirements of Sections 25290.1, 25290.2, 25291, and 25292, for regulating the construction, operation, maintenance, monitoring, and testing of underground storage tanks used for the storage of hazardous wastes that are necessary to protect against hazards to the public health, domestic livestock, wildlife, or the environment. (Amended by Stats. 2003, Ch. 42, Sec. 2. Effective July 7, 2003.)
  173. 25150.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must adopt regulations and procedures for hazardous waste transported from this state across international boundaries.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 25150.2. (a) The department shall adopt regulations, consistent with federal law, concerning the transportation of hazardous waste from this state across international boundaries. These regulations shall include, but are not limited to, both of the following: (1) All applicable federal regulations adopted pursuant to the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.). (2) Procedures to carry out Section 25160 for the purpose of monitoring international transboundary shipments of hazardous waste. (b) The department shall adopt procedures for the purpose of receiving information collected by the Environmental Protection Agency pursuant to Section 262.50 of Title 40 of the Code of Federal Regulations concerning the transportation of hazardous waste across international boundaries. (Added by Stats. 1987, Ch. 288, Sec. 1.)
  174. 25150.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must adopt emergency regulations for hazardous waste held or handled at transfer facilities.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 concerning hazardous waste held or handled at transfer facilities. (Amended by Stats. 1990, Ch. 216, Sec. 66.)
  175. 25150.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Two state officials must jointly develop a preincident process for handling and transporting materials used or recovered during oil spill response.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 jointly develop a preincident process for the handling and transport of materials used or recovered during an oil spill response. The preincident process shall ensure, through advance approvals or other suitable advance procedures, that materials can be expeditiously removed from cleanup areas consistent with existing law. The process shall provide for, but not be limited to, all of the following: (a) Transport of materials to destinations where they may be utilized in the manufacture of petroleum or other products. (b) Transport of materials to locations which have already been permitted for hazardous waste storage, treatment, transfer, resource recovery, or disposal so that material categorization and destination can be expeditiously determined. (c) Transport of recyclable materials to appropriate locations in a timely manner. (d) Preapproved procedures for the temporary storage of materials. (Added by Stats. 1993, Ch. 704, Sec. 1. Effective January 1, 1994.)
  176. 25150.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must revise covered standards or regulations by July 1, 1995 so contingency-plan preparers may use the format adopted under Section 25503.4 if they choose.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 term is defined in Section 66260.10 of Title 22 of the California Code of Regulations, to allow the person preparing the contingency plan to use the format adopted pursuant to Section 25503.4, if that person elects to use that format. (Repealed and added by Stats. 1993, Ch. 630, Sec. 3. Effective January 1, 1994.)
  177. 25150.65.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Older regulations adopted before January 1, 2008 under former Section 25150.6 stay valid unless they are repealed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 of the requirements of this chapter, shall remain valid unless repealed. (Added by Stats. 2014, Ch. 544, Sec. 3. (SB 1458) Effective January 1, 2015.)
  178. 25150.82.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    This section lets the department adopt alternative hazardous waste management standards for metal shredding facilities, but only if it completes specified analysis, consults other agencies, and meets listed safeguards.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 facilities, and the generation and management of wastes generated by metal shredding facilities. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes. (b) For purposes of this section, “metal shredding facility” means an operation that uses a shredding technique to process end-of-life vehicles, appliances, and other forms of scrap metal to facilitate the separation and sorting of ferrous metals, nonferrous metals, and other recyclable materials from nonrecyclable materials that are components of the end-of-life vehicles, appliances, and other forms of scrap metal. “Metal shredding facility” does not include a feeder yard, a metal crusher, or a metal baler, if that facility does not otherwise conduct metal shredding operations. (c) The department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, may adopt regulations establishing management standards for metal shredding facilities for hazardous waste management activities within the department’s jurisdiction as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter, if the department does all of the following: (1) Prepares an analysis of the activities to which the alternative management standards will apply pursuant to subdivision (d). The department shall first prepare the analysis as a preliminary analysis and make it available to the public at the same time that the department gives notice, pursuant to Section 11346.4 of the Government Code, that it proposes to adopt the alternative management standards. The department shall include in the notice a statement that the department has prepared a preliminary analysis and a statement concerning where a copy of the preliminary analysis can be obtained. The information in the preliminary analysis shall be updated and the department shall make the analysis available to the public as a final analysis not less than 10 working days before the date that the regulation is adopted. (2) Demonstrates at least one of the conclusions set forth in paragraphs (1) to (4), inclusive, of subdivision (e). (3) Imposes, as may be necessary, conditions and limitations as part of the alternative management standards that ensure that the hazardous waste management activity to which the alternative management standards will apply will not pose a significant potential hazard to human health or safety or to the environment. (d) Before the department gives notice of a proposal to adopt the alternative management standards pursuant to subdivision (c), and before the department adopts the regulation, the department shall do all of the following: (1) Evaluate the operative environmental and public health regulatory oversight of metal shredding facilities, identifying activities that need to be addressed by the alternative management standards, or other advisable regulatory or statutory changes. (2) Evaluate the hazardous waste management activities. (3) Prepare, as required by paragraph (1) of subdivision (c), an analysis that addresses all of the following aspects of the activity, to the extent that the alternative management standards can affect these aspects of the activity: (A) The types of hazardous waste and the estimated amounts of each hazardous waste that are managed as part of the activity and the hazards to human health or safety or to the environment posed by reasonably foreseeable mismanagement of those hazardous wastes and their hazardous constituents. The estimate of the amounts of each hazardous waste that are managed as part of the activity shall be based upon information reasonably available to the department. (B) The complexity of the activity, and the amount and complexity of operator training, equipment installation and maintenance, and monitoring that are required to ensure that the activity is conducted in a manner that safely and effectively manages each hazardous waste. (C) The chemical or physical hazards that are associated with the activity and the degree to which those hazards are similar to, or different from, the chemical or physical hazards that are associated with the production processes that are carried out in the facilities that produce the hazardous waste that is managed as part of the activity. (D) The types of accidents that might reasonably be foreseen to occur during the management of particular types of hazardous waste streams as part of the activity, the likely consequences of those accidents, and the reasonably available actual accident history associated with the activity. (E) The types of locations where hazardous waste management activities associated with metal shredding and management of treated metal shredder waste may be carried out and the types of hazards or risks that may be posed by proximity to the land uses described in Section 25227. The estimate of the number of locations where the activity may be carried out shall be based upon information reasonably available to the department. (e) The department shall not give notice proposing the adoption of, and the department shall not adopt, a regulation pursuant to subdivision (c) unless it first demonstrates at least one of the following, using the information developed in the analysis prepared pursuant to subdivision (d) and any other information available to the department: (1) The requirements that the alternative management standards replace are not significant or important in either of the following situations: (A) Preventing or mitigating potential hazards to human health or safety or to the environment posed by the activity. (B) Ensuring that the activity is conducted in compliance with other applicable requirements of this chapter and the regulations adopted pursuant to this chapter. (2) A requirement is imposed and enforced by another public agency that provides protection of human health and safety and the environment that is as effective as, and equivalent to, the protection provided by the requirement, or requirements, that the alternative management standards replace. (3) Conditions or limitations imposed as part of the alternative management standards will provide protection of human health and safety and the environment equivalent to the requirement, or requirements, that the alternative management standards replace. (4) Conditions or limitations imposed as part of the alternative management standards accomplish the same regulatory purpose as the requirement, or requirements, that the alternative management standards replace, but at less cost or with greater administrative convenience, and without increasing potential risks to human health or safety or to the environment. (f) The department shall not adopt alternative management standards pursuant to this section if those standards are less stringent than the standards that would otherwise apply under the federal act. (g) Nothing in the alternative management standards authorized by this section is intended to duplicate or conflict with other laws, rules, or regulations adopted by other state agencies or affected local air quality management districts. The department shall, as much as possible, align the alternative management standards with the laws, rules, and regulations of other state agencies or affected local air quality management districts. (h) The owner or operator of a metal shredding facility, or solid waste disposal facility that has accepted treated metal shredder waste, that may be subject to the alternative management standards shall provide to the department all information and data determined by the department to be relevant to the evaluation and preparation of the analysis required by subparagraphs (A) to (E), inclusive, of paragraph (3) of subdivision (d). (i) The alternative management standards adopted by the department pursuant to this section may, to the extent it is consistent with the standards that would otherwise apply under the federal act, allow for treated metal shredder waste to be classified and managed as nonhazardous waste, provided that the analysis prepared pursuant to subdivision (d) demonstrates that classification and management as hazardous waste is not necessary to prevent or mitigate potential hazards to human health or safety or to the environment posed by the treated metal shredder waste. (j) (1) The disposal of treated metal shredder waste shall be regulated pursuant to this chapter and the regulations adopted pursuant to this chapter, unless alternative management standards are adopted by the department pursuant to this section. (2) If the alternative management standards adopted by the department pursuant to this section result in treated metal shredder waste being classified as nonhazardous waste, the material may be managed in either of the following manners: (A) It may be used at a unit described in subparagraph (B) as alternative daily cover or for beneficial reuse pursuant to Section 41781.3 of the Public Resources Code and the regulations adopted to implement that section. (B) It may be placed in a unit that meets the waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code that allow for discharges of designated waste, as defined in Section 13173 of the Water Code, or of treated metal shredder waste. (3) This section does not limit the disposal or use of treated metal shredder waste as alternative daily cover pursuant to Section 41781.3 of the Public Resources Code and the regulations adopted to implement that section, or for other authorized beneficial uses if that disposal or use is at a facility meeting the requirements of subparagraph (B) of paragraph (2), is made under the authority of the hazardous waste determinations governing metal shredder waste issued by the department before January 1, 2014, and is made before the department does either of the following: (A) Rescinds, in accordance with applicable law, the conditional nonhazardous waste classifications issued pursuant to subdivision (f) of Section 66260.200 of Title 22 of the California Code of Regulations with regard to treated metal shredder waste. (B) Completes the adoption of alternative management standards pursuant to this section. (k) The department shall complete the analysis described in paragraph (1) of subdivision (c) and subsequent regulatory action before January 1, 2018. All hazardous waste classifications and policies, procedures, or guidance issued by the department before January 1, 2014, governing or related to the generation, treatment, and management of metal shredder waste or treated metal shredder waste shall be inoperative and have no further effect on January 1, 2018, if the department completes its analysis pursuant to subdivision (c) and takes one of the following actions: (1) Rescinds the conditional nonhazardous waste classifications issued pursuant to subdivision (f) of Section 66260.200 of Title 22 of the California Code of Regulations with regard to that waste. (2) Adopts alternative management standards pursuant to this section. (l) The authority of the department to adopt original regulations pursuant to this section shall remain in effect only until January 1, 2018, unless a later enacted statute, which is enacted before January 1, 2018, deletes or extends that date. This subdivision does not invalidate any regulation adopted pursuant to this section before the expiration of the department’s authority. (m) A regulation adopted pursuant to this section on or before January 1, 2018, shall continue in force and effect after that date, until repealed or revised by the department. (Added by Stats. 2014, Ch. 756, Sec. 3. (SB 1249) Effective January 1, 2015.)
  179. 25150.84.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must collect an annual fee from covered metal shredding facilities, set up fee-administering regulations, and the Controller must create a separate subaccount for the fees. Covered facilities paying the annual fee get specified fee exemptions for metal shredding activities, but not for other hazardous waste.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 management standards adopted pursuant to Section 25150.82. The department shall establish and adopt regulations necessary to administer this fee and to establish a fee schedule that is set at a rate sufficient to reimburse the costs of the department and the Office of Environmental Health Hazard Assessment to implement this chapter and Section 41514.6, as applicable to metal shredding facilities. The fee schedule established by the department may be updated periodically as necessary and shall provide for the assessment of no more than the reasonable and necessary costs of the department and the Office of Environmental Health Hazard Assessment to implement this chapter and Section 41514.6, as applicable to metal shredding facilities. (b) The Controller shall establish a separate subaccount in the Hazardous Waste Control Account. The fees collected pursuant to this section shall be deposited into the subaccount and be available for expenditure by the department or Office of Environmental Health Hazard Assessment upon appropriation by the Legislature. (c) A regulation adopted pursuant to this section may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner. (d) (1) A metal shredding facility paying an annual fee in accordance with this section shall be exempt from the following fees as the fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste: (A) A fee imposed pursuant to Section 25205.7. (B) A disposal fee imposed pursuant to Section 25174.1 until July 1, 2022. (C) A facility fee imposed pursuant to Section 25205.2. (D) A fee imposed pursuant to Section 25205.5. (E) A transportable treatment unit fee imposed pursuant to Section 25205.14 until July 1, 2022, and Section 25205.2 on and after July 1, 2022. (2) A metal shredding facility is not exempt from the fees listed in paragraph (1) for any other hazardous waste the metal shredding facility generates and handles. (Amended by Stats. 2024, Ch. 743, Sec. 1. (AB 2851) Effective January 1, 2025.)
  180. 25150.86.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Certain treated metal shredder waste becomes solid waste if it is managed under the department’s alternative standards and accepted by a landfill or other authorized location for disposal or beneficial use.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 that is accepted by a solid waste landfill or other authorized location for disposal or for use as alternative daily cover or other beneficial use shall thereafter be deemed to be a solid waste for purposes of this chapter and Section 40191 of the Public Resources Code. (Added by Stats. 2014, Ch. 756, Sec. 5. (SB 1249) Effective January 1, 2015.)
  181. 25150.87.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must require metal shredding facilities to monitor specified hazardous waste constituents and report the results, and the facilities must implement the monitoring requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 department. (B) Report the results of the monitoring required pursuant to subparagraph (A) to the department. The facilities may also report those results to the local public health department. (2) The department shall collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. (b) All metal shredding facilities subject to this section shall implement the facilitywide fence-line hazardous waste constituent monitoring requirements developed pursuant to this section. (c) On or before July 1, 2027, the department shall develop a procedure for community notification of the public for the area in which the metal shredding facility is located, if monitoring pursuant to paragraph (1) of subdivision (a) indicates any release of light fibrous material. (d) On or before January 1, 2027, the department shall develop regulations to implement, interpret, or make specific this section. (e) The department shall oversee and enforce the implementation of subdivision (a) pursuant to Article 8 (commencing with Section 25180). (f) Any reasonable regulatory costs incurred by the department in implementing this section may be reimbursed by the fee on metal shredding facilities imposed pursuant to subdivision (a) of Section 25150.84. (Added by Stats. 2024, Ch. 743, Sec. 2. (AB 2851) Effective January 1, 2025.)
  182. 25151.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department may adopt different regulations for different areas of the state, except for building standards.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 25151. The department may adopt varying regulations pursuant to Section 25150, other than building standards for different areas of the state depending on population density, climate, geology, types and volumes of hazardous waste generated in the area, types of waste treatment technology available in the area, and other factors relevant to hazardous waste handling, processing, storing, recycling, and disposal. (Amended by Stats. 1982, Ch. 89, Sec. 9. Effective March 2, 1982.)
  183. 25152.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Before adopting or revising certain hazardous-waste standards and regulations, the department must hold at least one public hearing and then adopt the proposed regulations, with changes based on the hearing evidence and testimony, unless Section 18930 applies.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 25152. Before adopting building standards or adopting or revising other standards and regulations for the handling, processing, storing, use, recycling, and disposal of hazardous and extremely hazardous wastes, the department shall hold at least one public hearing in Sacramento, or in a city within the area of the state to be affected by the proposed regulations. Except as provided in Section 18930, the department shall adopt the proposed regulations after making changes or additions that are appropriate in view of the evidence and testimony presented at the public hearing or hearings. (Amended by Stats. 1982, Ch. 89, Sec. 10. Effective March 2, 1982.)
  184. 25152.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must provide nonexempt public records promptly, cannot limit inspection hours, and must give written reasons within five working days if it denies a records request.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 the requested records from field facilities or other establishments that are separate from the office processing the request. (B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (C) The need to consult with another agency having a substantial interest in the determination of whether to respond to the request. (2) “Public records” means any public record, as defined in Section 7920.530 of the Government Code, of the department relating to this chapter, Chapter 6.7 (commencing with Section 25280), or Part 2 (commencing with Section 78000) of Division 45. “Public records” includes unprinted information relating to this chapter, Chapter 6.7 (commencing with Section 25280), or Part 2 (commencing with Section 78000) of Division 45 that is stored in data or word processing equipment either owned by an employee and located on premises under control of the department or owned by the department. (b) Notwithstanding any other provision of law, the department shall not limit the hours during the normal working day or limit the number of working days during which public records are open for inspection. (c) (1) Notwithstanding any other provision of law, the department shall make public records that are not exempt from disclosure by law, including Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, promptly available to any person, within the time limits specified in subdivision (a) of Section 7922.535 of the Government Code, upon payment of a fee established by the department to cover the direct costs of duplication, as specified in subdivision (f). In addition, a person requesting copies by mail may be required to pay the mailing costs. (2) If any portion of a record is exempt from disclosure, the part that is not exempt shall be provided as prescribed in this section. (d) Any person may request access to, or copies of, public records of the department in person or by mail. A request shall reasonably describe an identifiable record or information to be produced therefrom. (e) If the department determines that an unusual circumstance exists, the department shall comply with the notification procedures and the time limits specified in subdivisions (b) and (c) of Section 7922.535 of the Government Code. (f) The department shall, upon request, provide any person with the facts upon which it bases its determination of the direct costs of copying for each page that is requested. The department shall not impose a minimum fee for a copy of a public record that is greater than its direct per page copying costs and the department shall not impose limits on the types or amounts of public records that the department will provide to persons requesting these records, upon payment of any fees covering the direct costs of duplication by the department. (g) This section does not authorize the department, or any employee of the department, to delay access for purposes of inspecting or obtaining copies of public records, unless there are unusual circumstances. (h) Any denial of a request for records shall set forth in writing the reasons for the denial and the names and titles or positions of each person responsible for the denial. This written response shall be provided to the requester within five working days of the denial. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 241) by Stats. 2022, Ch. 258, Sec. 40. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  185. 25153.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Offsite handling of extremely hazardous waste must follow the same chapter requirements as hazardous waste, and the department cannot require special or additional permits for it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 25153. The offsite storage, treatment, transportation, and disposal of extremely hazardous waste is subject to the same requirements specified in this chapter that are applicable to hazardous waste and the department shall not require any special or additional permits for the offsite handling or management of extremely hazardous waste. (Repealed and added by Stats. 1993, Ch. 1145, Sec. 2. Effective January 1, 1994.)
  186. 25153.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    People who generate or manage RCRA hazardous waste must comply with federal RCRA section 3010(a). People who generate or manage non-RCRA hazardous waste must comply with notification requirements adopted by the department by regulation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 1976, as amended (42 U.S.C. Sec. 6930(a)). (b) Any person generating or managing a non-RCRA hazardous waste shall comply with any notification requirements for non-RCRA hazardous waste which the department adopts by regulation. (Amended by Stats. 1990, Ch. 1686, Sec. 7.)
  187. 25154.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    A person must not manage hazardous waste unless the chapter or department regulations allow it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 this chapter. (Amended by Stats. 1988, Ch. 1631, Sec. 18.)
  188. 25155.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Extremely hazardous waste may not be disposed of unless it is first processed to remove harmful properties, or unless the department’s regulations for that waste allow a different handling method.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 for the handling and disposal of the particular extremely hazardous waste. (Amended by Stats. 1977, Ch. 1039.)
  189. 25155.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Certain hazardous waste facility owners or operators must prepare and file a written air monitoring plan, and the department can require changes or corrective action plans in some cases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 monitoring of the ambient air downwind and upwind from the facility. The plan shall include all of the following: (1) An identification of the constituents of hazardous wastes accepted in the past and present which will be monitored. These constituents shall be selected on the basis of pertinent factors, which may include degree of toxicity, relative and absolute volume, the potential for the constituent to volatilize or otherwise become airborne, and the method by which the constituent is or was handled, treated, and disposed. (2) The type, procedures, and location of air sampling equipment and the type and procedures of analytical equipment. (3) The duration of each sampling period in hours, and the number and time of sampling periods over a 12-month period. (b) The proposed monitoring plan developed pursuant to subdivision (a) shall be submitted to the department on or before October 1, 1987, and shall be updated as required by the department. (c) The department, in consultation with the applicable air pollution control district or air quality management district, shall review and approve or require modification of the proposed monitoring plan submitted pursuant to this section. The department shall provide, in writing, a notice of any deficiencies in the plan to the person who submitted the plan, who shall revise the plan to address the noted deficiencies within 60 days after receiving the department’s comments. (d) If the department determines that a hazardous waste facility which is required to develop a plan pursuant to subdivision (a) is the source of a substance in the ambient air which poses a significant threat to the public health or affects the quality of the environment in such a way that could significantly threaten public health, the department shall, pursuant to Section 25187, require the facility operator to do both of the following: (1) Develop a corrective action plan and submit the plan to the department for approval or modification, within a schedule specified by the department. (2) Implement the corrective action plan, as approved by the department, within the period specified by the department. (Amended by Stats. 1988, Ch. 1387, Sec. 1.)
  190. 25155.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Operators of certain hazardous-waste facilities must monitor air emissions and report the results every six months, and may have to follow EPA monitoring regulations unless the department adopts its own rules.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 compounds in concentrations of more than 1 percent by weight, shall do both of the following: (1) Monitor air emissions from the facility and report the monitoring results semiannually to the department. (2) Unless the department adopts regulations specifying monitoring procedures and requirements, comply with the regulations adopted by the Environmental Protection Agency pursuant to Section 6924(n) of Title 42 of the United States Code. (b) If the operator makes the reports specified in paragraph (1) of subdivision (a) and complies with the federal regulations specified in paragraph (2) of subdivision (a), the operator is in compliance with subdivision (a). (Added by Stats. 1985, Ch. 1338, Sec. 7.)
  191. 25156.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    The department must develop and adopt regulations and standards to implement Article 11, including hearing procedures, and must seek recommendations from the hazardous waste technical advisory committee on proposed wording.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 25156. The department shall develop and adopt regulations and standards to implement Article 11 (commencing with Section 25220), including, but not limited to, regulations which specify appropriate procedural requirements for the hearings conducted pursuant to that article. The department shall seek recommendations of the hazardous waste technical advisory committee on the wording of proposed regulations. (Amended by Stats. 1984, Ch. 1736, Sec. 3. Effective September 30, 1984.)
  192. 25157.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    Regulations may require treating extremely hazardous waste at the production site before transport if the director finds that treatment is needed for safe transport.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 the director determines that treatment is necessary to provide safe transportation of the extremely hazardous waste. No provision of this chapter shall be construed to require disposal of hazardous waste at the site of production, provided, that the transportation of the extremely hazardous waste conforms to all applicable regulations. (Added by Stats. 1982, Ch. 89, Sec. 11. Effective March 2, 1982.)
  193. 25158.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    People who generate hazardous waste or run hazardous-waste treatment, storage, or disposal facilities must file a hazardous waste notification statement with the director, unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 hazardous waste, shall file with the director, or the director’s designee, on a form provided by the director, or the director’s designee, a hazardous waste notification statement. An amended statement shall be filed with the department whenever there has been a substantial change in the information provided on the previously filed notification statement. A person shall not generate, treat, store, or dispose of hazardous waste, unless the person files a notification statement with the director pursuant to this section, unless exempted pursuant to subdivision (f). (b) A hazardous waste notification statement shall include all of the following information: (1) The name and address of the person owning the facility or conducting the activity specified in subdivision (a). (2) The address and location of the activity or facility, including the city and county. (3) The name and 24-hour telephone number of the contact person in the event of an emergency involving the facility or activity. (4) The quantities of hazardous waste annually handled pursuant to the activity or at the facility. (5) A description of the hazardous waste activity being conducted, such as generation, treatment, storage, or disposal. (6) A general description of the hazardous waste being handled. (c) The department shall prepare and distribute the hazardous waste notification statement forms. The form shall include a statement which clearly states who is required to file the form. The form shall also include a statement that the form is not a substitute for the federal notification required by the Environmental Protection Agency pursuant to subsection (a) of Section 6930 of Title 42 of the United States Code. (d) Any person who is required to submit a hazardous waste notification statement to the director pursuant to subdivision (a) and who fails to do so is subject to a civil penalty of not less than fifty dollars ($50) and not more than five hundred dollars ($500) for each day for which the department does not receive a statement. Any person who knowingly submits false information to the department is subject to a civil penalty of not less than two thousand dollars ($2,000) and not more than twenty thousand dollars ($20,000) for each day that the false information goes uncorrected. (e) The director shall compile and organize the statements by the city and county within which each activity and facility are located, and shall transmit the compiled statements to the appropriate regional offices, the California regional water quality control boards, and the officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. (f) Subdivision (a) does not apply to any of the following: (1) A person who has filed notification with the Administrator of the Environmental Protection Agency pursuant to subsection (a) of Section 6930 of Title 42 of the United States Code. (2) A person who only produces household hazardous waste, as defined in subdivision (d) of Section 25218.1. (3) Any person who owns property on which a cleanup of, or other removal of, or remedial action to, a hazardous waste site is taking place, or who is engaged in any of those activities on a hazardous waste site. (Amended by Stats. 1995, Ch. 639, Sec. 14. Effective January 1, 1996.)
  194. 25158.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. )

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    A generator must count all hazardous waste it generated in each month when making the specified quantity determinations, except universal wastes managed under the listed chapter. The department must adopt implementing regulations by December 1, 2016.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5. Standards [25150 - 25158.1] ( Article 5 added by Stats. 1972, Ch. 1236. ) ## 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 amended consistent with this code, a generator shall include all hazardous waste that it has generated in any month, except for universal wastes managed pursuant to the requirements of Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations. (b) By December 1, 2016, the department shall adopt regulations incorporating the instructions to hazardous waste generators in subdivision (a) into its implementing regulations. (Added by Stats. 2015, Ch. 452, Sec. 1. (SB 612) Effective January 1, 2016.)
  195. 25159.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.5. Coordination with Federal Acts [25159 - 25159.9] ( Article 5.5 added by Stats. 1982, Ch. 89, Sec. 12.5. )

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    The department must adopt and update regulations needed for the state to keep authorization to run a hazardous waste program instead of the federal program. The Office of Administrative Law may not review those regulations for nonduplication when reviewing them under this section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.5. Coordination with Federal Acts [25159 - 25159.9] ( Article 5.5 added by Stats. 1982, Ch. 89, Sec. 12.5. ) ## 25159. The department shall adopt and revise when necessary regulations that will allow the state to receive and maintain authorization to administer a state hazardous waste program in lieu of the federal program pursuant to Section 6926 of the federal act. When reviewing a regulation adopted pursuant to this section, the Office of Administrative Law shall not review the regulation for nonduplication, notwithstanding paragraph (6) of subdivision (a) of Section 11349.1 of the Government Code. (Amended by Stats. 2001, Ch. 605, Sec. 5. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.)
  196. 25159.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.5. Coordination with Federal Acts [25159 - 25159.9] ( Article 5.5 added by Stats. 1982, Ch. 89, Sec. 12.5. )

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    The Office of Administrative Law must treat certain department regulations as nonsubstantive changes if they are adopted to maintain Section 25159 authorization and are not more stringent or broader than the corresponding federal rules.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.5. Coordination with Federal Acts [25159 - 25159.9] ( Article 5.5 added by Stats. 1982, Ch. 89, Sec. 12.5. ) ## 25159.1. (a) The Office of Administrative Law shall deem any regulation proposed for adoption by the department to maintain authorization pursuant to Section 25159 to be a nonsubstantive change without regulatory effect for the purposes of Section 100 of Title 1 of the California Code of Regulations, provided that the regulation, as applied in this state, is not more stringent and is not broader in scope than the corresponding federal regulations. (Added by Stats. 1995, Ch. 640, Sec. 4. Effective January 1, 1996.)
  197. 25159.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. )

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    This section states legislative findings about the risks of underground hazardous-waste injection and says the Legislature intends to prohibit certain injections that could contaminate drinking water.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. ) ## 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 discharges to land, such as those from underground storage tanks, surface impoundments, pits, ponds, or lagoons. (b) The present federal law which regulates the discharge of hazardous waste to land in injection wells is inadequate to fully protect California’s water supplies from contamination. As a result, underground injection of hazardous waste presents a serious short-term and long-term threat to the quality of waters in the state. (c) State-of-the-art design and operation safeguards of injection wells without adequate groundwater monitoring, specific geological information, and other system safeguards cannot guarantee that migration of hazardous wastes into underground sources of drinking water will not occur. (d) Monitoring requirements specified in federal law are not adequate to detect all leaks from injection wells and there are no requirements in federal law for monitoring the movement of wastes in the substrata to ensure that wastes have not escaped the injection zone or are not reacting with, or have not breached the confining strata. (e) Injecting wastes into wells deep in the geological substrata is an unproven method for the containment of wastes because, among other things, hazardous wastes can react with geological substrata, rendering these containment barriers ineffective, pressure of the injected wastes can breach containment layers, and active or abandoned wells in the vicinity of waste injection can serve as a conduit for the wastes to migrate to drinking water supplies. (f) Restoring contaminated groundwater to its original state after the fact and removal or cleanup of wastes once injected to these depths are formidable tasks which are not typically economically feasible. (g) It is in the public interest to establish a continuing program for the purpose of preventing contamination from underground injection of waste. It is the intent of the Legislature to prohibit any injection of hazardous wastes into or above drinking water in the state, and to prohibit any injection of hazardous waste below drinking water in the state which is not properly permitted and monitored so as to prevent hazardous wastes from migrating to drinking water or otherwise endangering the environment of the state. (h) It is the intent of the Legislature that the Legislature will provide a process for the public and industry to appeal the actions or inactions of the department under this article. However, the specific process cannot be developed until the Legislature determines the general organization of the department with regard to administration of hazardous waste management programs. (Added by Stats. 1985, Ch. 1591, Sec. 1.)
  198. 25159.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. )

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    This article may be cited as the Toxic Injection Well Control Act of 1985.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. ) ## 25159.11. This article shall be known and may be cited as the Toxic Injection Well Control Act of 1985. (Added by Stats. 1985, Ch. 1591, Sec. 1.)
  199. 25159.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. )

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    This section defines terms used in the Toxic Injection Well Control Act article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. ) ## 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 casing. (b) “State board” means the State Water Resources Control Board. (c) “Compatibility” means that waste constituents do not react with each other, with the materials constituting the injection well, or with fluids or solid geologic media in the injection zone or confining zone in a manner as to cause leaching, precipitation of solids, gas or pressure buildup, dissolution, or any other effect that will impair the effectiveness of the confining zone or the safe operation of the injection well. (d) “Confining zone” means the geological formation, or part of a formation, that is intended to be a barrier to prevent the migration of waste constituents from the injection zone. (e) “Constituent” means an element, chemical, compound, or mixture of compounds that is a component of a hazardous waste or leachate and that has the physical or chemical properties that cause the waste to be identified as hazardous waste by the department pursuant to this chapter. (f) “Discharge” means to place, inject, dispose of, or store hazardous wastes into, or in, an injection well owned or operated by the person who is conducting the placing, disposal, or storage. (g) “Drinking water” has the same meaning as “potential source of drinking water,” as defined in subdivision (t) of Section 25208.2. (h) “Facility” means the structures, appurtenances, and improvements on the land, and all contiguous land, that are associated with an injection well and are used for treating, storing, or disposing of hazardous waste. A facility may consist of several waste management units, including, but not limited to, surface impoundments, landfills, underground or aboveground tanks, sumps, pits, ponds, and lagoons that are associated with an injection well. (i) “Groundwater” means water, including, but not limited to, drinking water, below the land surface in a zone of saturation. (j) “Hazardous waste” means any hazardous waste specified as hazardous waste or extremely hazardous waste, as defined in this chapter. Any waste mixture formed by mixing any waste or substance with a hazardous waste shall be considered hazardous waste for the purposes of this article. (k) “Hazardous waste facilities permit” means a permit issued for an injection well pursuant to Sections 25200 and 25200.6. (l) “Injection well” or “well” means any bored, drilled, or driven shaft, dug pit, or hole in the ground the depth of which is greater than the circumference of the bored hole and any associated subsurface appurtenances, including, but not limited to, the casing. For the purposes of this article, injection well does not include either of the following: (1) Wells exempted pursuant to Section 25159.24. (2) Wells that are regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F (commencing with Section 147.250) of Subchapter D of Chapter 1 of Part 147 of Title 40 of the Code of Federal Regulations and are in compliance with that division and Subpart A (commencing with Section 146.1) of Part 147 of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations. (m) “Injection zone” means that portion of the receiving formation that has received, is receiving, or is expected to receive, over the lifetime of the well, waste fluid from the injection well. “Injection zone” does not include that portion of the receiving formation that exceeds the horizontal and vertical extent specified pursuant to Section 25159.20. (n) “Owner” means a person who owns a facility or part of a facility. (o) “Perched water” means a localized body of groundwater that overlies, and is hydraulically separated from, an underlying body of groundwater. (p) “pH” means a measure of a sample’s acidity expressed as a negative logarithm of the hydrogen ion concentration. (q) “Qualified person” means a person who has at least five years of full-time experience in hydrogeology and who is a professional geologist registered pursuant to Section 7850 of the Business and Professions Code, or a registered petroleum engineer registered pursuant to Section 6762 of the Business and Professions Code. “Full-time experience” in hydrogeology may include a combination of postgraduate studies in hydrogeology and work experience, with each year of postgraduate work counted as one year of full-time work experience, except that not more than three years of postgraduate studies may be counted as full-time experience. (r) “Receiving formation” means the geologic strata that are hydraulically connected to the injection well. (s) “Regional board” means the California regional water quality control board for the region in which the injection well is located. (t) “Report” means the hydrogeological assessment report specified in Section 25159.18. (u) “Safe Drinking Water Act” means Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code. (v) “Strata” means a distinctive layer or series of layers of earth materials. (w) “Waste management unit” means that portion of a facility used for the discharge of hazardous waste into or onto land, including all containment and monitoring equipment associated with that portion of the facility. (Amended by Stats. 2006, Ch. 538, Sec. 378. Effective January 1, 2007.)
  200. 25159.15.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. )

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    Hazardous waste generally may not be discharged into injection wells unless specified conditions are met or an exemption is granted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 5.6. The Toxic Injection Well Control Act of 1985 [25159.10 - 25159.25] ( Heading of Article 5.6 renumbered from Article 5.5 (as added by Stats. 1985, Ch. 1591, Sec. 1) by Stats. 2015, Ch. 303, Sec. 309. ) ## 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 commences operation on or after January 1, 1986, and after January 1, 1988, a person shall not discharge hazardous waste into an injection well which commenced operation before January 1, 1986, unless all of the following conditions are met: (1) Unless granted an exemption pursuant to subdivision (b), no point along the length of the injection well, as measured either horizontally or vertically, is located within one-half mile of drinking water. (2) The person has received a hazardous waste facilities permit for the well issued pursuant to Section 25200.6. (3) The injection well does not discharge hazardous waste into or above a formation which contains a source of drinking water within one-half mile of the well. (b) A person may apply to the department to exempt an injection well from paragraph (1) of subdivision (a) if the person has received a hazardous waste facilities permit and the person has filed a report pursuant to Section 25159.18 with the department on or before January 1, 1987, which has been approved by the department, pursuant to Section 25159.18. If the person proposes to commence operation of an injection well on or after January 1, 1986, the person shall file the request for an exemption and the report at least one year before any proposed discharge or injection. (c) The department shall either grant or deny an exemption from paragraph (1) of subdivision (a) on or before December 31, 1987, or within one year after receipt of the application for a proposed injection well. The department may grant an exemption from paragraph (1) of subdivision (a) only if the department makes all of the following written findings, and supports these findings by citing specific evidence presented in the report or provided to the department: (1) The hydrogeology report prepared pursuant to Section 25159.18 is current, accurate, and complete. (2) No hazardous waste constituents have migrated from that portion of the injection well located above the injection zone or have migrated from the injection zone. (3) Practical alternative technologies, other than well injection, do not exist to reduce, treat, or dispose of the hazardous wastes which are to be discharged. (4) Continuing or commencing the operation of the injection well does not pose a potential of hazardous waste constituents migrating from that portion of the injection well located above the injection zone or migrating from the injection zone and a monitoring program pursuant to subdivision (c) of Section 25159.17 has been installed, or for a proposed injection well, the monitoring program has been designed and will be installed before any discharge or injections into the well. (d) An exemption granted pursuant to subdivision (c) shall not be effective for more than five years. Applications for an exemption, or a renewal of an exemption, shall be accompanied by the fee specified in the fee schedules adopted by the department pursuant to Section 25159.19. The department shall not renew the exemption unless it makes all of the findings in subdivision (c). (e) The department shall revoke an exemption granted pursuant to subdivision (c) if the department determines that there is migration of hazardous wastes, or a threat of migration of hazardous wastes, from the well into any strata or the waters of the state outside the injection zone. The department shall then prohibit the discharge of any hazardous waste into the injection well, require appropriate removal and remedial actions by the person granted the exemption, and require the responsible parties to take appropriate removal and remedial actions. (f) The state board, the regional boards, and the department shall establish procedures providing for the interagency transfer and review of applications for exemption received pursuant to subdivision (b). (g) This section applies only to injection wells into which hazardous waste is discharged. (Amended by Stats. 1986, Ch. 1013, Sec. 1. Effective September 23, 1986.)

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