Health and Safety Code

Part 54 of 87 · provisions 10,601–10,800

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

Jurisdiction: United States — California
Instrument: Code
Citation: HSC
Version: Undated source snapshot
Language: en
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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

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25202.6.
## 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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An eligible landowner may ask the department in writing to remove a required easement, covenant, restriction, or servitude, and the department must review the request and may agree to change or remove it. If the agreement is made, the instrument must be signed and the owner must record it within 10 days.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25202.6. The owner of land subject to an easement, covenant, restriction, or servitude, required by the department pursuant to Section 25202.5, may make a written request of the department to remove the easement, covenant, restriction, or servitude. Upon receipt of such a request and supporting material, the department shall promptly review the need for the easement, covenant, restriction, or servitude and, when appropriate, and after a public hearing, shall agree to modify or remove the easement, covenant, restriction, or servitude to make certain that it continues to be no more restrictive than necessary to protect the public health and safety. When the department agrees to modify or remove such an easement, covenant, restriction, or servitude, the director and all of the owners of the land shall execute an instrument that reflects this agreement, shall particularly describe the real property affected by the instrument, and the owner shall record the instrument in the county in which the land is located within 10 days of the date of execution. (Amended by Stats. 1984, Ch. 1736, Sec. 5. Effective September 30, 1984.)
25202.7.
## 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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Department decisions under Sections 25202.5 or 25202.6 may be reviewed by a court, and the decision must be upheld if supported by substantial evidence.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25202.7. Any decision of the department pursuant to either Section 25202.5 or Section 25202.6 shall be subject to review by a court of competent jurisdiction as provided in Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds the decision is supported by substantial evidence. (Added by Stats. 1980, Ch. 655.)
25202.9.
## 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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The department must make annual certification by the hazardous waste generator a permit condition for onsite hazardous waste treatment, storage, or disposal 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25202.9. The department shall require, as a permit condition when issuing a permit for an onsite hazardous waste treatment, storage, or disposal facility that the generator of the hazardous waste annually certify all of the following information to the department and the unified program agency: (a) The generator of the hazardous waste has established a program to reduce the volume or quantity and toxicity of the hazardous waste to the degree, determined by the generator, to be economically practicable. (b) The proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment. (Amended by Stats. 1995, Ch. 639, Sec. 44. Effective January 1, 1996.)
25203.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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A person must not dispose of hazardous waste except at a disposal site or facility operated by an owner or operator with a valid permit or other authorization 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25203. It is unlawful for any person to dispose of a hazardous waste except at a disposal site or facility of an owner or operator who holds a valid hazardous waste facilities permit or other grant of authorization from the department to use and operate the site or facility. (Amended by Stats. 1988, Ch. 1632, Sec. 20.)
25204.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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The department must adopt regulations for residuals repositories by May 1, 1990, and the standards must be at least as strict as federal hazardous-waste land-disposal 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25204. (a) For purposes of this section, “residuals repository” means a hazardous waste facility, or an operational unit at a hazardous waste facility, which meets all of the following requirements: (1) It is sited, designed and constructed, operated, and maintained, in accordance with all applicable federal and state regulations, including, but not limited to, the regulations adopted pursuant to subdivision (b). (2) The operator holds a hazardous waste facilities permit issued by the department under this chapter. (3) A condition imposed in the hazardous waste facilities permit authorizes the residuals repository to accept for disposal in or on the land only treated hazardous waste, as defined in subdivision ( l) of Section 25179.3, that has been specified as suitable for disposal in a residuals repository pursuant to paragraph (1) of subdivision (b). (b) On or before May 1, 1990, the department shall adopt, by regulation, standards for residuals repositories. In developing these standards, the department shall consult with the State Water Resources Control Board, conduct public workshops, and request comments and recommendations from appropriate state and federal agencies and the interested public. The standards shall, at a minimum, be at least as stringent, effective, and comprehensive as the standards applicable to hazardous waste land disposal facilities adopted under the federal act, including the regulations, guidelines, and policies adopted pursuant to the federal act, and shall include, but not be limited to, all of the following: (1) A specification of which treated hazardous wastes the department determines are suitable for disposal in a residuals repository. The department may specify these treated hazardous wastes by listing types or categories of treated hazardous wastes or by establishing physical or chemical properties that treated hazardous wastes are required to meet. (2) Design and construction standards for a residuals repository. (3) Standards governing the operation, monitoring, maintenance, closure, and postclosure maintenance of a residuals repository. (4) Minimum standards governing the location of a residuals repository and the subsurface geology underlying the site. In establishing these standards, the department shall also specify the specific criteria, if any, under which the department justifies a finding that engineering measures or design factors may be substituted for geological requirements. (5) Requirements for hazardous waste segregation and recordkeeping. (Added by Stats. 1988, Ch. 1417, Sec. 3.)
25204.5.
## 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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The department must keep its actions and permit conditions consistent with applicable water-quality rules, plans, and policies when they are not less stringent, and it may add stricter requirements if needed.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25204.5. Any action taken by the department pursuant to this article shall be consistent with all applicable regulations adopted by the State Water Resources Control Board, all applicable water quality control plans adopted pursuant to Section 13170 of the Water Code and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code, and all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code, to the extent the department determines that those regulations, plans, and policies are not less stringent than this chapter and the regulations adopted pursuant to this chapter. The department shall also incorporate, as a condition of any permit issued, amended, or renewed under this chapter, any waste discharge requirements issued by the State Water Resources Control Board or a California regional water quality control board and any conditions imposed pursuant to Section 13227 of the Water Code, to the extent the department determines those waste discharge requirements, requirements, and limitations are not less stringent than this chapter and the regulations adopted pursuant to this chapter. The department may set more stringent requirements or limitations which the department determines are necessary or appropriate to carry out this chapter. (Added by Stats. 1988, Ch. 1631, Sec. 37.)
25204.6.
## 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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The Secretary for Environmental Protection must develop a hazardous waste facility regulation and permitting consolidation program and may begin some parts immediately if they do not need statutory changes.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25204.6. (a) On or before January 1, 1995, the Secretary for Environmental Protection shall develop a hazardous waste facility regulation and permitting consolidation program, after holding an appropriate number of public hearings throughout the state. The program shall be developed in close consultation with the director and with the executive officers and chairpersons of the State Water Resources Control Board and the California regional water quality control boards, and with affected businesses and interested members of the public, including environmental organizations. (b) The hazardous waste facility regulation and permitting consolidation program shall provide for all of the following: (1) The grant of sole authority to either the department, or the State Water Resources Control Board and the California regional water quality control boards, to implement and enforce the requirements of Article 6 (commencing with Section 66264.90) of Chapter 14 of, and Article 6 (commencing with Section 66265.90) of Chapter 15 of, Division 4.5 of Title 22 of the California Code of Regulations, but not including Section 66264.100 of Title 22 of the California Code of Regulations, and of Article 5 (commencing with Section 2530) of Chapter 15 of Division 3 of Title 23 of the California Code of Regulations, but not including Sections 2550.10, 2550.11, and 2550.12 of those regulations. (2) The development of a process for ensuring, at each facility which conducts offsite hazardous waste treatment, storage, or disposal activities, or which conducts onsite treatment, storage, or disposal activities which are required to receive a permit under the federal act, and which is required to clean up or abate the effects of a release of a hazardous substance pursuant to Section 13304 of the Water Code, or which is required to take corrective action for a release of hazardous waste or constituents pursuant to Section 25200.10, or both, that sole jurisdiction over the supervision of that action is vested in either the department or the State Water Resources Control Board and the California regional water quality control boards. (3) The development of a unified hazardous waste facility permit, issued by the department, which incorporates all conditions, limitations, and requirements imposed by the State Water Resources Control Board or the California regional water quality control boards to protect water quality, and incorporate all conditions, limitations, and requirements imposed by the department pursuant to this chapter. (4) The development of a consolidated enforcement and inspection program designed to ensure effective, efficient, and coordinated enforcement of the laws implemented by the department, the State Water Resources Control Board, and the California regional water quality control boards, as those laws relate to facilities conducting offsite hazardous waste treatment, storage, or disposal activities, and to facilities conducting onsite treatment, storage, and disposal activities which are required to receive a permit under the federal act. (c) The Secretary for Environmental Protection may immediately implement those aspects of the program which do not require statutory changes. If the Secretary for Environmental Protection determines that statutory changes are needed to fully implement the program, the secretary shall recommend these changes to the Legislature on or before January 1, 1995. It is the intent of the Legislature that the program be fully implemented not later than January 1, 1996. (d) The Secretary for Environmental Protection shall work in close consultation with the Environmental Protection Agency, and shall implement this section only to the extent that doing so will not result in this state losing its authorization to implement the federal act, or its delegation to implement the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). (Amended by Stats. 1995, Ch. 639, Sec. 45. Effective January 1, 1996.)
25204.7.
## 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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A qualifying hazardous-waste generator may be exempt from certain notification and fee requirements if it meets the 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 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25204.7. (a) Notwithstanding any other law, a generator conducting a treatment activity that is eligible for operation under a permit-by-rule pursuant to the department’s regulations, a grant of conditional authorization, or a grant of conditional exemption pursuant to this chapter, and who meets the criteria in subdivision (b), is exempt from all of the following requirements: (1) The requirement for a generator to submit a notification to the department under Sections 25144.6, 25200.3, and 25201.5 and the regulations adopted by the department pertaining to a permit-by-rule. (2) The requirement to pay a fee pursuant to Section 25201.14 or 25205.14 until July 1, 2022, and Section 25205.2 on and after July 1, 2022. (b) To be eligible for an exemption pursuant to this section, the generator shall meet all of the following requirements: (1) The generator is located within the jurisdiction of a certified unified program agency that includes the publicly owned treatment works that regulates the generator’s activity or unit that is eligible for operation under a permit-by-rule or a grant of conditional authorization or conditional exemption, and that has implemented a unified program pursuant to Chapter 6.11 (commencing with Section 25404) that includes the following elements: (A) The pretreatment program of the publicly owned treatment works that regulates the generator. (B) An inspection program that meets the requirements of Section 25201.4 and that inspects the generator for compliance with the requirements of this section. (2) The generator meets all other requirements of this chapter and the department’s regulations pertaining to permit-by-rule, conditional authorization, or conditional exemption, whichever is applicable. (3) The generator’s activity or unit that is eligible for operation under a permit-by-rule or a grant of conditional authorization or conditional exemption is within the scope of the hazardous waste element of the unified program, as specified in paragraph (1) of subdivision (c) of Section 25404. (Amended by Stats. 2021, Ch. 73, Sec. 47. (SB 158) Effective July 12, 2021.)
25205.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. )
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The department generally may not issue or renew a hazardous waste facility permit unless the owner or operator has the required financial assurances.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9. Permitting of Facilities [25200 - 25205] ( Article 9 added by Stats. 1977, Ch. 1039. ) ## 25205. (a) Except as provided in Section 25245.4, the department shall not issue or renew a permit to operate a hazardous waste facility pursuant to Section 25200 or 25201.6 unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245), including, but not limited to, financial assurances for the costs of corrective action, closure, and postclosure. (b) The grant of interim status of a facility, or any portion of the facility, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status. (c) (1) The department shall review, at least once every five years, the financial assurances required to operate a permitted hazardous waste facility and the cost estimates used to establish the amount of the financial assurances required. The department may, in its discretion, revise the financial assurances and the cost estimates more often. (2) If, as a result of its review pursuant to paragraph (1), the department finds that the cost estimates forming the basis for the financial assurances for a permitted hazardous waste facility are inadequate for any reason, including, but not limited to, underestimated potential costs, the department shall notify the owner or operator of the permitted hazardous waste facility in writing of that finding. (3) Within 90 days of the notification by the department pursuant to paragraph (2), the owner or operator of the permitted hazardous waste facility shall provide to the department for review and approval an updated cost estimate for the financial assurances and a request to adjust the financial assurance amount to incorporate the new cost estimate. (4) Within 60 days of the department’s approval of the revised cost estimate submitted pursuant to paragraph (3), the owner or operator of the permitted hazardous waste facility shall establish financial assurance mechanisms for the approved revised cost estimate amounts. (Amended by Stats. 2021, Ch. 73, Sec. 48. (SB 158) Effective July 12, 2021.)
25205.1.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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This section defines terms used in the hazardous waste fees 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.1. For purposes of this article, the following definitions apply: (a) “Board” means the State Board of Equalization. (b) “Facility” means any units or other structures, and all contiguous land, used for the treatment, storage, disposal, or recycling of hazardous waste, for which a permit or a grant of interim status has been issued by the department for that activity pursuant to Article 9 (commencing with Section 25200). (c) “Large storage facility,” in those cases in which total storage capacity is provided in a permit, interim status document, or federal Part A application for the facility, means a storage facility with capacity to store 1,000 or more tons of hazardous waste. In those cases in which it is not so provided, “large storage facility” means a storage facility that stores 1,000 or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (d) “Large treatment facility,” in those cases in which total treatment capacity is provided in a permit, interim status document, or federal Part A application for the facility, means a treatment facility with capacity to treat, land treat, or recycle 1,000 or more tons of hazardous waste. In those cases in which it is not so provided, “large treatment facility” means a treatment facility that treats, land treats, or recycles 1,000 or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (e) “Generator” means a person who generates hazardous waste at an individual site commencing on or after July 1, 1988. A generator includes, but is not limited to, a person who is identified on a manifest as the generator and whose identification number is listed on that manifest, if that identifying information was provided by that person or by an agent or employee of that person. (f) “Ministorage facility,” in those cases in which total storage capacity is provided in a permit, interim status document, or federal Part A application for the facility, means a storage facility with capacity to store 0.5 tons (1,000 pounds) or less of hazardous waste. In those cases in which it is not so provided, “ministorage facility” means a storage facility that stores 0.5 tons (1,000 pounds) or less of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (g) “Minitreatment facility,” in those cases in which total treatment capacity is provided in a permit, interim status document, or federal Part A application for the facility, means a treatment facility with capacity to treat, land treat, or recycle 0.5 tons (1,000 pounds) or less of hazardous waste. In those cases in which it is not so provided, “minitreatment facility, means a treatment facility that treats, land treats, or recycles 0.5 tons (1,000 pounds) or less of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (h) “Site” means the location of an operation that generates hazardous wastes and is noncontiguous to any other location of these operations owned by the generator. (i) “Small storage facility,” in those cases in which total storage capacity is provided in a permit, interim status document, or federal Part A application for the facility, means a storage facility with capacity to store more than 0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous waste. In those cases in which it is not so provided, “small storage facility” means a storage facility that stores more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (j) “Small treatment facility,” in those cases in which total treatment capacity is provided in a permit, interim status document, or federal Part A application for the facility, means a treatment facility with capacity to treat, land treat, or recycle more than 0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous waste. In those cases in which this is not provided, “small treatment facility” means a treatment facility that treats, land treats, or recycles more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of hazardous waste during any month of the current reporting period commencing on or after July 1, 1991. (k) “Unit” means a hazardous waste management unit, as defined in regulations adopted by the department. If an area is designated as a hazardous waste management unit in a permit, it shall be conclusively presumed that the area is a “unit.” (l) “Class 1 modification,” “class 2 modification,” and “class 3 modification” have the meanings provided in regulations adopted by the department. (m) “Hazardous waste” has the meaning provided in Section 25117. The total tonnage of hazardous waste, unless otherwise provided by law, includes the hazardous substance as well as any soil or other substance that is commingled with the hazardous substance. (n) “Land treat” means to apply hazardous waste onto or incorporate it into the soil surface for the sole and express purpose of degrading, transforming, or immobilizing the hazardous constituents. (o) “Treatment,” “storage,” and “disposal” mean only that treatment, storage, or disposal of hazardous waste engaged in at a facility pursuant to a permit or grant of interim status issued by the department pursuant to Article 9 (commencing with Section 25200). Treatment, storage, or disposal that does not require this permit or grant of interim status shall not be considered treatment, storage, or disposal for purposes of this article. (1) “Disposal” includes only the placement of hazardous waste onto or into the ground for permanent disposition and does not include the placement of hazardous waste in surface impoundments, as defined in regulations adopted by the department, or the placement of hazardous waste onto or into the ground solely for purposes of land treatment. (2) “Storage” does not include the ongoing presence of hazardous wastes in the ground or in surface impoundments after the facility has permanently discontinued accepting new hazardous wastes for placement into the ground or into surface impoundments. (Amended by Stats. 2006, Ch. 538, Sec. 380. Effective January 1, 2007.)
25205.13.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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Permit-by-rule treatment units must submit specified notification information, the department must hold a public workshop on the notification form, and the unit may treat only onsite-generated 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.13. (a) Notwithstanding any other provision of law or regulation, for the 1993 reporting period, the deadline for submitting permit-by-rule fixed treatment unit facility-specific notifications and unit-specific notifications is April 1, 1993, or 60 days prior to commencing the first treatment of that waste, whichever date is later. (b) The development and publication of the notification form for a fixed or transportable treatment unit operating pursuant to a permit-by-rule, as specified in subdivisions (a) and (b) of Section 67450.2 of Title 22 of the California Code of Regulations, is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall hold at least one public workshop concerning the development of the notification form. (c) A facility or transportable treatment unit operating pursuant to a permit-by-rule shall provide the following information with the notifications required pursuant to subdivisions (a) and (b) of Section 67450.2 of Title 22 of the California Code of Regulations: (1) The basis for determining that a hazardous waste facility permit is not required under the federal act. (2) Documentation of any convictions, judgments, settlements, or orders resulting from an action by any local, state, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code). (3) A waste minimization certificate, as specified in Section 25202.9. (d) The facility or transportable treatment unit operating pursuant to a permit-by-rule shall treat only waste that is generated onsite. (Amended by Stats. 2021, Ch. 615, Sec. 246. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
25205.16.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The department must set up a certification system for identification numbers, and entities with identification numbers must provide or verify requested information.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.16. (a) The department shall establish an identification number certification system to annually verify the accuracy of information related to generators, transporters, and facilities authorized to treat, store, or dispose of hazardous waste. Each entity issued an identification number shall provide or verify the information specified in paragraphs (1) to (9), inclusive, when requested by the department. The system shall include the provision or verification of all of the following information: (1) The name, mailing address, facsimile number, fictitious business name, federal employer number, California Department of Tax and Fee Administration identification number, SIC code, email address, if available, and telephone number of the firm or organization engaged in hazardous waste activities. (2) The name, mailing address, facsimile number, and telephone number of the owner of the firm or organization. (3) The name, title, mailing address, facsimile number, and telephone number of a contact person for the firm or organization. (4) The identification number assigned to the firm or organization. (5) The site location address or description associated with the firm or organization’s identification number provided in paragraph (4). (6) The number of employees of the firm or organization. (7) If the firm or organization is a generator, a statement of whether the generator produces RCRA hazardous waste or non-RCRA hazardous waste. (8) An identification of any of the following hazardous waste activities in which the firm or organization is engaged: (A) Generation. (B) Transportation. (C) Onsite treatment, storage, or disposal. (9) The waste codes associated with the four largest hazardous waste streams, by volume, of the firm or organization. The federal waste code shall be verified for RCRA hazardous waste and the California waste code shall be verified for non-RCRA hazardous waste. (b) Any generator, transporter, and facility operator who fails to comply with this section, or who fails to provide information required by the department to verify the accuracy of hazardous waste activity data, shall be subject to suspension of any and all identification numbers assigned to the generator, transporter, or facility operator and to any other authorized enforcement action. (c) This section shall become operative on January 1, 2022. (Repealed (in Sec. 66) and added by Stats. 2021, Ch. 73, Sec. 67. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
25205.17.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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A facility is not treated as a disposal facility for the annual facility fee for reporting periods before 1994 if its permit or interim status document labeled it as storage or treatment, not disposal or landfill.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.17. Notwithstanding any other provision of law, no facility for any reporting period prior to 1994 shall be a “disposal facility” for purposes of the annual facility fee if that facility had a permit or interim status document issued by the department which designated that facility or any part of its process as “storage” or “treatment” and did not designate that facility or any part of its process as “disposal” or “landfill.” (Added by Stats. 1993, Ch. 1145, Sec. 13. Effective January 1, 1994.)
25205.18.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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This section ties a facility’s annual fee size to its allowable capacity, lets a facility reduce capacity by signed certification, allows the department to require a permit-modification application, and treats exceeding an unwithdrawn certification limit as a violation.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.18. (a) If a facility has a permit or an interim status document which sets forth the facility’s allowable capacity for treatment or storage, the facility’s size for purposes of the annual facility fee pursuant to Section 25205.2 shall be based upon that capacity, except as provided in subdivision (d). (b) If a facility’s allowable capacity changes or is initially established as a result of a permit modification, or a submission of a certification pursuant to subdivision (d), the fee that is due for the reporting period in which the change occurs shall be the higher fee. (c) The department may require the facility to submit an application to modify its permit to provide for an allowable capacity. (d) A facility may reduce its allowable capacity below the amounts specified in subdivision (a) or (c) by submitting a certification signed by the owner or operator in which the owner or operator pledges that the facility will not handle hazardous waste at a capacity above the amount specified in the certification. In that case, the facility’s size for purposes of the annual facility fee pursuant to Section 25205.2 shall be based upon the capacity specified in the certification, until the certification is withdrawn. Exceeding the capacity limits specified in a certification that has not been withdrawn shall be a violation of the hazardous waste control law and may subject a facility or its operator to a penalty and corrective action as provided in this chapter. (e) This section shall have no bearing on the imposition of the annual postclosure facility fee. (Amended by Stats. 2016, Ch. 340, Sec. 20. (SB 839) Effective September 13, 2016.)
25205.19.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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This section says a facility’s permit or interim status document determines its facility type for annual fee purposes, unless the document lacks a type or shows multiple types or sizes.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.19. (a) If a facility has a permit or an interim status document which sets forth the facility’s type, pursuant to Section 25205.1, as either treatment, storage, or disposal, the facility’s type for purposes of the annual facility fee pursuant to Section 25205.2 shall be rebuttably presumed to be what is set forth in that permit or document. (b) If the facility’s type changes as a result of a permit or interim status modification, any change in the annual facility fee shall be effective the reporting period following the one in which the modification becomes effective. (c) If the facility’s permit or interim status document does not set forth its type, the department may require the facility to submit an application to modify the permit or interim status document to provide for a facility type. (d) A permit or interim status document may set forth more than one facility type or size. In accordance with subdivision (d) of Section 25205.4, the facility shall be subject only to the highest applicable fee. (Amended by Stats. 2016, Ch. 340, Sec. 21. (SB 839) Effective September 13, 2016.)
25205.2.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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Operators of covered hazardous waste facilities must pay facility fees, with amounts varying by facility type, size, permit category, and limited exemptions.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.2. (a) (1) For purposes of subdivisions (c) and (d), a facility or unit is “small” if 0.5 tons (1,000 pounds) or less of hazardous waste remain after closure, “medium” if more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of hazardous waste remain after closure, and “large” if 1,000 or more tons of hazardous waste remain after closure. (2) Except as provided in subdivisions (h) and (k), and in accordance with Section 43152.6 of the Revenue and Taxation Code, the operator of a facility shall pay a facility fee for each reporting period, or any portion of a reporting period, to the California Department of Tax and Fee Administration based on the size and type of the facility, as specified in this section. The fee rate shall be the rate established for the fiscal year in which the payment is due. On or before October 1 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known facility operators by facility type and size. The department shall also notify the California Department of Tax and Fee Administration of any operator who is issued a permit or grant of interim status within 30 days from the date that a permit or grant of interim status is issued to the operator. (3) For the 2022–23 fiscal year, the fee rates established in this section shall apply. Commencing July 1, 2023, the fee rates established pursuant to Section 25205.2.1 shall apply. (b) (1) The base rate for the fee imposed by this section is ninety-four thousand nine hundred ten dollars ($94,910). (2) Except as provided in subdivision (c), in computing the facility fees, all of the following shall apply: (A) The fee to be paid by a ministorage facility shall equal 25 percent of the base facility rate. (B) The fee to be paid by a small storage facility shall equal the base facility rate. (C) The fee to be paid by a large storage facility shall equal twice the base facility rate. (D) The fee to be paid by a minitreatment facility shall equal 50 percent of the base facility rate. (E) The fee to be paid by a small treatment facility shall equal twice the base facility rate. (F) The fee to be paid by a large onsite treatment facility shall equal three times the base facility rate. (G) The fee to be paid by a large offsite treatment facility shall be three times the base facility rate. (H) The fee to be paid by a disposal facility shall equal 10 times the base facility rate. (c) The fee to be paid by a facility with a postclosure permit during the first five years of the postclosure period shall be: (1) Twenty-six thousand nine hundred eighty dollars ($26,980) annually for a small facility. (2) Fifty-three thousand nine hundred sixty dollars ($53,960) annually for a medium facility. (3) Eighty thousand nine hundred forty dollars ($80,940) annually for a large facility. (d) The fee to be paid by a facility with a postclosure permit after the first five years of the postclosure care period shall be: (1) Fourteen thousand three hundred seventy-five dollars ($14,375) annually for a small facility. (2) Twenty-eight thousand seven hundred fifty dollars ($28,750) annually for a medium facility. (3) Forty-eight thousand five hundred fifty dollars ($48,550) annually for a large facility. (e) If a facility falls into more than one category listed in either subdivision (b) or (d), or any combination of categories, or if multiple operations under a single hazardous waste facilities permit or grant of interim status fall into more than one category listed in subdivision (b) or (d), or any combination of categories, the facility operator shall pay only the rate for the facility category that is the highest rate. (f) Notwithstanding subdivision (b), the fee for a facility that has been issued a standardized permit shall be as follows: (1) The fee to be paid for a facility that has been issued a Series A standardized permit shall be fifty-five thousand two hundred eighty dollars ($55,280). (2) The fee to be paid for a facility that has been issued a Series B standardized permit shall be twenty-five thousand nine hundred ten dollars ($25,910). (3) Except as specified in paragraph (4), the fee to be paid for a facility that has been issued a Series C standardized permit shall be twenty-one thousand seven hundred sixty dollars ($21,760). (4) The fee for a facility that has been issued a Series C standardized permit is ten thousand eight hundred eighty dollars ($10,880) if the facility meets all of the following conditions: (A) The facility treats not more than 1,500 gallons of liquid hazardous waste and not more than 3,000 pounds of solid hazardous waste in any calendar month. (B) The total facility storage capacity does not exceed 15,000 gallons of liquid hazardous waste and 30,000 pounds of solid hazardous waste. (C) If the facility both treats and stores hazardous waste, the facility does not exceed the volume limitations specified in subparagraphs (A) and (B) for each individual activity. (g) The California Department of Tax and Fee Administration shall deposit all fees collected pursuant to this section into the Hazardous Waste Facilities Account in the Hazardous Waste Control Account. The fees so deposited may be expended by the department, upon appropriation by the Legislature, for the purposes specified in Section 25174.01. (h) Notwithstanding subdivision (a), a person who is issued a variance by the department from the requirement of obtaining a hazardous waste facilities permit or grant of interim status is not subject to the fee, for any reporting period following the reporting period in which the variance was granted by the department. (i) Operators subject to facility fee liability pursuant to this section shall pay the following amounts: (1) The operator shall pay the applicable facility fee for each reporting period in which the facility actually engaged in the treatment, storage, or disposal of hazardous waste. (2) The operator shall pay the applicable facility fee for one additional reporting period immediately following the final reporting period in which the facility actually engaged in that treatment or storage. The facility’s size for that additional reporting period shall be deemed to be the largest size at which the facility has ever been subject to the fee. If the department previously approved a unit or portion of the facility for a variance, closure, or permit-by-rule, the facility’s size for that reporting period shall be deemed to be its largest size since the department granted the approval. (3) The operator of a disposal facility shall pay twice the applicable facility fee for one additional reporting period immediately following the final reporting period in which the facility actually engaged in disposal of hazardous waste. (4) A facility shall not be deemed to have stopped treating, storing, or disposing of hazardous waste unless it has actually ceased that activity and has notified the department of its intent to close. (j) (1) Except as provided in Section 25404.5, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall pay a fee to the California Department of Tax and Fee Administration per facility or transportable treatment unit for each reporting period, or portion of a reporting period. The fee for the 2022–23 fiscal year reporting period shall be four thousand six hundred dollars ($4,600). The department shall notify the California Department of Tax and Fee Administration of all known owners or operators operating pursuant to a permit-by-rule who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any owner or operator authorized to operate pursuant to a permit-by-rule, who is not exempted from this fee pursuant to Section 25404.5, within 60 days after the owner or operator is authorized. (2) Except as provided in Section 25404.5, a generator operating under a grant of conditional authorization pursuant to Section 25200.3 shall pay a fee to the California Department of Tax and Fee Administration per facility for each reporting period, or portion of a reporting period, unless the generator is subject to a fee under a permit-by-rule. The fee for the 2022–23 fiscal year reporting period shall be four thousand six hundred dollars ($4,600). The department shall notify the California Department of Tax and Fee Administration of all known generators operating pursuant to a grant of conditional authorization under Section 25200.3 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any generator authorized to operate under a grant of conditional authorization, who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of notification. (3) Except as provided in Section 25404.5, the fee for a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 for the 2022–23 fiscal year reporting period shall be one hundred eighty dollars ($180) paid to the California Department of Tax and Fee Administration per facility for each reporting period, unless that generator is subject to a fee under a permit-by-rule or a conditional authorization pursuant to Section 25200.3. The department shall notify the California Department of Tax and Fee Administration of all known facilities performing treatment conditionally exempted by Section 25144.6 or subdivision (a) or (c) of Section 25201.5 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any generator who notifies the department that the generator is conducting a conditionally exempt treatment operation, and who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of the notification. (k) A treatment facility is not subject to the facility fee established pursuant to this section, if the facility engages in treatment exclusively to accomplish a removal or remedial action or a corrective action in accordance with an order issued by the United States Environmental Protection Agency pursuant to the federal act or in accordance with an order issued by the department pursuant to Section 25187, or if the removal or remedial action is carried out pursuant to a removal action work plan or a remedial action plan prepared pursuant to Article 12 (commencing with Section 79195) of Chapter 5 of Part 2 of Division 45 and is authorized to operate pursuant to Article 14 (commencing with Section 79290) of Chapter 5 of Part 2 of Division 45, if the facility was put in operation solely for purposes of complying with that order. The department shall instead assess a fee for that facility for the actual time spent by the department for the inspection and oversight of that facility. The department shall base the fee on the department’s work standards and shall assess the fee on an hourly basis. (l) The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. (m) This section shall become operative on July 1, 2022, and shall apply to the annual facility fees due for the 2022–23 fiscal year, and each fiscal year thereafter. (Amended by Stats. 2024, Ch. 80, Sec. 84. (SB 1525) Effective January 1, 2025.)
25205.2.1.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The Board of Environmental Safety must set and share hazardous waste fee rates, and the rates are capped and adjusted under specified 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.2.1. (a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fee authorized by Section 25205.2, to be applicable commencing July 1, 2023, and may adjust the schedule of rates no more frequently than once per year thereafter and no later than October 1 of any year in which the Board of Environmental Safety adopts the schedule of rates. (2) No later than October 1 of each year, the Board of Environmental Safety shall provide the California Department of Tax and Fee Administration the fee rates that have been established pursuant to this section. (b) (1) The schedule of rates established pursuant to subdivision (a) shall be based on both of the following: (A) The costs of the administration and collection of fees. (B) Statewide general administrative costs assessed to the Hazardous Waste Facilities Account for that fiscal year. (2) The total amount of fee revenues collected each fiscal year shall conform with the amounts appropriated by the Legislature for that fiscal year from the Hazardous Waste Facilities Account for expenditure, as authorized pursuant to Section 25174.01. (3) The rates shall allow for a reserve in the Hazardous Waste Facilities Account each year at an amount determined by the Board of Environmental Safety to be sufficient to ensure that all programs funded by the Hazardous Waste Facilities Account will not be adversely affected by any revenue shortfalls or additional baseline expenditure adjustments, but not to exceed 10 percent of authorized expenditure levels. (c) (1) The rates established pursuant to subdivision (a) shall not exceed the following rates: (A) The base rate in paragraph (1) of subdivision (b) of Section 25205.2 shall not exceed one hundred eighty-nine thousand eight hundred twenty dollars ($189,820). (B) The rate for a small facility with a postclosure permit in the first five years of the postclosure period established in paragraph (1) of subdivision (c) of Section 25205.2 shall not exceed fifty-three thousand nine hundred sixty dollars ($53,960). (C) The rate for a medium facility with a postclosure permit in the first five years of the postclosure period established in paragraph (2) of subdivision (c) of Section 25205.2 shall not exceed one hundred seven thousand nine hundred twenty dollars ($107,920). (D) The rate for a large facility with a postclosure permit in the first five years of the postclosure period established in paragraph (3) of subdivision (c) of Section 25205.2 shall not exceed one hundred sixty-one thousand eight hundred eighty dollars ($161,880). (E) The rate for a small facility with a postclosure permit after the first five years of the postclosure period established in paragraph (1) of subdivision (d) of Section 25205.2 shall not exceed twenty-eight thousand seven hundred fifty dollars ($28,750). (F) The rate for a medium facility with a postclosure permit after the first five years of the postclosure period established in paragraph (2) of subdivision (d) of Section 25205.2 shall not exceed fifty-seven thousand five hundred dollars ($57,500). (G) The rate for a large facility with a postclosure permit after the first five years of the postclosure period established in paragraph (3) of subdivision (d) of Section 25205.2 shall not exceed ninety-seven thousand one hundred dollars ($97,100). (H) The rate for a facility that has been issued a Series A standardized permit established in paragraph (1) of subdivision (f) of Section 25205.2 shall not exceed one hundred ten thousand five hundred sixty dollars ($110,560). (I) The rate for a facility that has been issued a Series B standardized permit established in paragraph (2) of subdivision (f) of Section 25205.2 shall not exceed fifty-one thousand eight hundred twenty dollars ($51,820). (J) The rate for a facility that has been issued a Series C standardized permit established in paragraph (3) of subdivision (f) of Section 25205.2 shall not exceed forty-three thousand five hundred twenty dollars ($43,520). (K) The rate for a facility that has been issued a Series C standardized permit established in paragraph (4) of subdivision (f) of Section 25205.2 shall not exceed twenty-one thousand seven hundred sixty dollars ($21,760). (L) The rate for a transportable treatment unit operating pursuant to a permit-by-rule established in paragraph (1) of subdivision (j) of Section 25205.2 shall not exceed nine thousand two hundred dollars ($9,200). (M) The rate for a generator operating under a grant of conditional authorization established in paragraph (2) of subdivision (j) of Section 25205.2 shall not exceed nine thousand two hundred dollars ($9,200). (N) The rate for a generator performing conditionally exempted treatment established in paragraph (3) of subdivision (j) of Section 25205.2 shall not exceed three hundred sixty dollars ($360). (2) The rate limits established in this subdivision are the limits for the 2023–24 fiscal year. Beginning with the 2024–25 fiscal year, and for each fiscal year thereafter, the rate limit shall be adjusted annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. (d) If the Board of Environmental Safety determines the fee revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the fee rates proposed by the Board of Environmental Safety shall be adjusted to compensate for the over or under collection of revenue. (e) 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, 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 department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law. A regulation adopted pursuant to this section shall remain in effect until repealed by the Board of Environmental Safety. (f) This section shall become operative on January 1, 2022. (Added by Stats. 2021, Ch. 73, Sec. 51. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
25205.21.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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A government-agency disposal facility operator may be subject to capped facility fees of $10,000 for a 12-month reporting period or $5,000 for a 6-month reporting period when no hazardous waste was disposed during the 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.21. (a) Notwithstanding Section 25205.2, a disposal facility operator that is a government agency shall be subject to a maximum facility fee of ten thousand dollars ($10,000) for any reporting period of 12 months and five thousand dollars ($5,000) for any reporting period of six months, for that disposal facility for any reporting period in which it did not at any time dispose of hazardous waste during the reporting period. This section shall apply to all reporting periods since the inception of the facility fee up to and including the reporting period ending December 31, 1998. (b) This section shall not affect the imposition of the annual postclosure facility fee imposed pursuant to Section 25205.2. (Amended by Stats. 2022, Ch. 60, Sec. 28. (AB 203) Effective June 30, 2022.)
25205.22.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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A facility operator must pay the applicable generation and handling fee for imported hazardous waste used for treatment, recycling, or 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.22. (a) On and after January 1, 2022, for hazardous waste imported into this state for purposes of treatment, recycling, or disposal, the operator of the facility receiving the imported hazardous waste shall pay the applicable generation and handling fee. (b) This section shall become operative on January 1, 2022, and shall apply to the generation and handling fees due for the 2022 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable by February 28 of the year following the reporting period. (Repealed (in Sec. 70) and added by Stats. 2021, Ch. 73, Sec. 71. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
25205.23.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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If a fee dispute is requested for settlement, the department may hold an informal conference, and payment of the agreed settlement amount releases the liable person from further liability for that disputed fee.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.23. Notwithstanding Chapter 3 (commencing with Section 43151) of Part 22 of Division 2 of the Revenue and Taxation Code, at the request of any party contesting any fee imposed pursuant to this chapter or Part 2 (commencing with Section 78000) of Division 45, the department may hold an informal conference to attempt to settle the dispute. Upon the payment of any sum agreed upon between the contesting party and the department in settlement of the disputed fee liability, the liable person shall be released from any further liability for payment of the disputed fee. (Amended by Stats. 2022, Ch. 258, Sec. 54. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
25205.25.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The section says certain hazardous waste fees continue to be administered and collected, and it authorizes the California Department of Tax and Fee Administration to do so.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.25. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority for the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. (b) The disposal fee that was imposed pursuant to Section 25174.1, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before September 30, 2022, shall continue to be administered and collected. (c) The generator fee that was imposed pursuant to Section 25205.5, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022, shall continue to be administered and collected. (d) The transportable treatment unit fee imposed pursuant to Section 25205.14, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022, shall continue to be administered and collected. (e) The exemptions and exclusions authorized pursuant to Section 25174.7, as that section read on December 31, 2022, and Section 25205.5, as that section read on December 31, 2021, shall only apply to the fees described in subdivisions (b) and (c). (f) It is the intent of the Legislature to authorize the California Department of Tax and Fee Administration to administer and collect the fees specified in this section in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 2026, Ch. 62, Sec. 4. (SB 166) Effective July 6, 2026.)
25205.5.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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Generators of hazardous waste must pay a generation and handling fee to the California Department of Tax and Fee Administration when a generator site produces at least five tons in a calendar year, 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.5. (a) (1) Except as otherwise provided in this section, a generator of hazardous waste shall pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site that generates an amount equal to, or more than, five tons for each calendar year, or portion of the calendar year. (2) For the 2022–23 fiscal year, the fee rate shall be forty-nine dollars and twenty-five cents ($49.25) for each ton or fraction of a ton of hazardous waste generated in calendar year 2021. (3) Commencing July 1, 2023, the fee rates established pursuant to Section 25205.5.01 shall apply to each ton, including the first five tons, or fraction of a ton rounded up to the next nearest ton, of hazardous waste generated. (4) For purposes of calculating the amount of the fee imposed pursuant to paragraph (1), a generator of hazardous waste that is issued a hazardous waste facilities permit from the department and that pays the annual facility fee, as specified in Section 25205.2, may deduct, from the amount of hazardous waste otherwise subject to this subdivision that is generated per calendar year, the amount of hazardous waste that is stored, bulked, and transferred solely through the location of the permitted hazardous waste facility and that is in route to another facility that is authorized to do any of the following: (A) Manage the hazardous waste for reclamation and recovery, including fuel blending before energy recovery at another site. (B) Manage the hazardous waste through destruction methods or treatment before disposal at another site. (C) Manage the hazardous waste by any form of treatment. (D) Dispose of the hazardous waste. (b) The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. (c) This section shall become operative on January 1, 2022, and applies to the generation and handling fees imposed pursuant to subdivision (a) for hazardous waste generated on or after January 1, 2021. (Amended by Stats. 2024, Ch. 72, Sec. 23. (SB 156) Effective July 2, 2024.)
25205.5.01.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The Board of Environmental Safety must set hazardous waste fee rates by regulation and send the modified rates to the California Department of Tax and Fee Administration each year by October 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.5.01. (a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fee authorized by Section 25205.5, to be applicable commencing July 1, 2023, and may adjust the schedule of rates no more frequently than once per year thereafter and no later than October 1 of any year in which the Board of Environmental Safety adopts the schedule of rates. (2) No later than October 1 of each year, the board shall provide the California Department of Tax and Fee Administration the fee rates that have been modified pursuant to this section. (b) (1) The schedule of rates established pursuant to subdivision (a) shall be based on both of the following: (A) The costs of the administration and collection of fees. (B) Statewide general administrative costs assessed to the Hazardous Waste Control Account for that purpose. (2) The total amount of fee revenues collected each fiscal year shall conform with the amounts appropriated by the Legislature for that fiscal year from the Hazardous Waste Control Account for expenditure as authorized pursuant to Section 25174. (3) The rates shall allow for a reserve in the Hazardous Waste Control Account each year at an amount determined by the Board of Environmental Safety to be sufficient to ensure that all programs funded by the Hazardous Waste Control Account will not be adversely affected by any revenue shortfalls or additional baseline expenditure adjustments, but not to exceed 10 percent of authorized expenditure levels. (c) (1) The rate established by the Board of Environmental Safety pursuant to subdivision (a) shall not exceed ninety-eight dollars and fifty cents ($98.50). (2) The rate limit established in this subdivision is the limit for the 2023–24 fiscal year. Beginning with the 2024–25 fiscal year, and for each fiscal year thereafter, the rate limit shall be adjusted annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. (d) If the Board of Environmental Safety determines the fee revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the fee rates proposed by the Board of Environmental Safety shall be adjusted to compensate for the over or under collection of revenue. (e) 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, 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 department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law. A regulation adopted pursuant to this section shall remain in effect until repealed by the Board of Environmental Safety. (f) This section shall become operative on January 1, 2022. (Added by Stats. 2021, Ch. 73, Sec. 56. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
25205.5.1.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The department may adopt regulations exempting disaster victims from the hazardous waste generation and handling fee.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.5.1. Notwithstanding Section 25205.5, the department may adopt regulations exempting victims of disasters from the generation and handling fee imposed pursuant to Section 25205.5. The regulations may allow that exemption if all of the following apply: (a) The hazardous waste is generated in a geographical area identified in a state of emergency proclamation by the Governor pursuant to Section 8625 of the Government Code because of fire, flood, storm, earthquake, riot, or civil unrest. (b) The hazardous waste is generated when property owned or controlled by the victim is damaged or destroyed as a result of the disaster. (c) The hazardous waste is not hazardous waste that is routinely produced as part of a manufacturing or commercial business or that is managed by a hazardous waste facility or a facility operated by a generator of hazardous waste who files a hazardous waste notification statement with the department pursuant to subdivision (a) of Section 25158. (d) The victim meets any other condition or limitation on eligibility specified by the department. (e) This section shall become operative on January 1, 2022, and shall apply to the fees due for the 2022 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period. (Repealed (in Sec. 57) and added by Stats. 2021, Ch. 73, Sec. 58. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
25205.5.3.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The department must adopt regulations for evaluating exemption claims from the hazardous waste fee and may allow those regulations to be adopted as emergency 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.5.3. (a) (1) The department shall adopt regulations to establish a process for evaluating exemptions from the fee imposed pursuant to 25205.5 claimed by a generator. The department shall adopt these regulations in consultation with the California Department of Tax and Fee Administration and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. (2) The regulations adopted pursuant to this section shall establish both of the following: (A) The criteria and process for evaluating exemption claims. (B) The information a claimant is required to submit to the department. (b) A regulation adopted pursuant to this section may be adopted as an emergency regulation pursuant to Section 25205.5.4. (Added by Stats. 2024, Ch. 72, Sec. 25. (SB 156) Effective July 2, 2024.)
25205.5.4.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The department may adopt, amend, or repeal regulations to implement these hazardous waste fees, must consult the Board of Environmental Safety, and must hold one or more public workshops before adopting proposed 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.5.4. (a) The department may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to implement the fees imposed pursuant to this article. (b) Regulations adopted by the department pursuant to this section shall be developed in consultation with the Board of Environmental Safety. The department shall conduct one or more public workshops before adopting the proposed regulations. (c) Regulations adopted by the department pursuant to this section and Section 25205.5.3 may be adopted as emergency regulations 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), and for purposes of that act, including Section 11349.6 of the Government Code, the adoption of the 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 the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), emergency regulations 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 until repealed by the department. (Added by Stats. 2024, Ch. 72, Sec. 26. (SB 156) Effective July 2, 2024.)
25205.6.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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This section requires the department to send a yearly code schedule, requires covered organizations to pay annual hazardous waste fees, and sets employee-based fee amounts for 2022–23, with later rates applying from July 1, 2023.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.6. (a) For purposes of this section, “organization” means a corporation, limited liability company, limited partnership, limited liability partnership, general partnership, and sole proprietorship. (b) On or before October 1 of each year, the department shall provide the California Department of Tax and Fee Administration with a schedule of codes that consists of the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials, as defined in Section 25501, including, but not limited to, hazardous waste. The schedule shall consist of identification codes from one of the following classification systems, as deemed suitable by the department: (1) The Standard Industrial Classification (SIC) system established by the United States Department of Commerce. (2) The North American Industry Classification System (NAICS) adopted by the United States Census Bureau. (c) (1) Each organization of a type identified in the schedule adopted pursuant to subdivision (a) shall pay an annual fee in accordance with Section 43152.9 of the Revenue and Taxation Code for the fiscal year in which it is assessed. (2) The annual fee amounts for the 2022–23 fiscal year shall be set at the following amounts: (A) One thousand two hundred sixty-one dollars ($1,261) for those organizations with 100 or more employees, but fewer than 250 employees. (B) Two thousand seven hundred six dollars ($2,706) for those organizations with 250 or more employees, but fewer than 500 employees. (C) Sixteen thousand dollars ($16,000) for those organizations with 500 or more employees, but fewer than 1,000 employees. (D) Fifty-four thousand one hundred dollars ($54,100) for those organizations with 1,000 or more employees. (3) Commencing July 1, 2023, the fee rates established pursuant to Section 25205.6.1 shall apply. (d) The fee imposed pursuant to this section shall be paid by each organization that is identified in the schedule adopted pursuant to subdivision (b) in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code and shall be deposited in the Toxic Substances Control Account. The revenues shall be available, upon appropriation by the Legislature, for the purposes specified in subdivision (b) of Section 25173.6. (e) For purposes of this section, the number of employees employed by an organization is the number of persons employed in this state for more than 500 hours during the calendar year preceding the calendar year in which the fee is due. (f) (1) Pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)), the state is obligated to pay specified costs of removal and remedial actions carried out pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). (2) The fee rates specified in subdivision (c) are intended to provide sufficient revenues to fund the purposes of subdivision (b) of Section 25173.6, including appropriations in any given fiscal year to fund the state’s obligation pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)). (g) This section does not apply to a nonprofit corporation primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on their ability for self-care, as described in SIC Code 8361 of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition or as described in Codes 623220, 623312, and 623990 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget, 2017 edition. (h) This section shall become operative on January 1, 2022. (Repealed (in Sec. 59) and added by Stats. 2021, Ch. 73, Sec. 60. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
25205.6.1.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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The Board of Environmental Safety must set fee rates by regulation, update the rates at most once a year, and send modified rates to the California Department of Tax and Fee Administration by October 1 each year.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.6.1. (a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fees authorized by Section 25205.6 to be applicable commencing July 1, 2023, and may adjust the schedule of rates, no more frequently than once per year and no later than October 1 of any year in which the board adopts the schedule of rates. (2) No later than October 1 of each year, the Board of Environmental Safety shall provide the California Department of Tax and Fee Administration the fee rates that have been modified pursuant to this section. (b) (1) The schedule of rates established pursuant to subdivision (a) shall be based on both of the following: (A) The costs of the administration and collection of fees. (B) Statewide general administrative costs assessed to the account for that fiscal year. (2) The total amount of fee revenues collected each fiscal year shall conform with the amounts appropriated by the Legislature for that fiscal year from the Toxic Substances Control Account for expenditure as authorized pursuant to Section 25173.6. (3) The rates shall allow for a reserve in the Toxic Substances Control Account each year at an amount determined by the board to be sufficient to ensure that all programs funded by the Toxic Substances Control Account will not be adversely affected by any revenue shortfalls or additional baseline expenditure adjustments, but not to exceed 10 percent of the authorized expenditure levels. (c) (1) The rates established pursuant to subdivision (a) shall be set for the following categories, and shall not exceed the levels noted: (A) Organizations with 100 or more employees, but fewer than 250 employees. This fee shall not exceed two thousand five hundred twenty-two dollars ($2,522). (B) Organizations with 250 or more employees, but fewer than 500 employees. This fee shall not exceed five thousand four hundred twelve dollars ($5,412). (C) Organizations with 500 or more employees, but fewer than 1,000 employees. This fee shall not exceed thirty-two thousand dollars ($32,000). (D) Organizations with 1,000 or more employees. This fee shall not exceed one hundred eight thousand two hundred dollars ($108,200). (2) The rate limits established in this subdivision are the limits for the 2023–24 fiscal year. Beginning with the 2024–25 fiscal year, and for each fiscal year thereafter, the rate limits shall be adjusted annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. (d) 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, 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 department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law. A regulation adopted pursuant to this section shall remain in effect until repealed by the Board of Environmental Safety. (Added by Stats. 2021, Ch. 73, Sec. 61. (SB 158) Effective July 12, 2021.)
25205.7.
## 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. )
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People seeking certain hazardous waste permits, modifications, variances, or determinations must sign a written reimbursement agreement with the department and may have to pay costs in advance and cover related review, oversight, and environmental compliance 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 9.1. Hazardous Waste Fees [25205.1 - 25205.25] ( Heading of Article 9.1 amended by Stats. 2026, Ch. 62, Sec. 3. ) ## 25205.7. (a) (1) A person who applies for, or requests, any of the following shall enter into a written agreement with the department pursuant to which that person shall reimburse the department, pursuant to Article 9.2 (commencing with Section 25206.1), for the costs incurred by the department in processing the application or responding to the request: (A) A new hazardous waste facilities permit, including a standardized permit. (B) A hazardous waste facilities permit for postclosure. (C) A renewal of an existing hazardous waste facilities permit, including a standardized permit or postclosure permit. (D) A class 2 or class 3 modification of an existing hazardous waste facilities permit or grant of interim status, including a standardized permit or grant of interim status or a postclosure permit. (E) A variance. (F) A waste classification determination. (2) (A) Except as provided in subparagraph (B), an agreement required pursuant to paragraph (1) shall provide for at least 25 percent of the reimbursement to be made in advance of the processing of the application or the response to the request. The 25-percent advance payment shall be based upon the department’s total estimated costs of processing the application or response to the request. (B) Subparagraph (A) shall not apply with regard to an agreement entered into by a facility owned by a federal agency. (3) An agreement entered into pursuant to this section shall, if applicable, include the department’s costs of reviewing and overseeing corrective action as set forth in subdivision (b). (b) An applicant pursuant to paragraph (1) of subdivision (a) and the owner and the operator of the facility shall pay the department’s costs in reviewing and overseeing any corrective action program described in the application for a standardized permit pursuant to subparagraph (C) of paragraph (2) of subdivision (c) of Section 25201.6 or required pursuant to subdivision (b) of Section 25200.10, and in reviewing and overseeing any corrective action work undertaken at the facility pursuant to that corrective action program. (c) (1) An applicant pursuant to paragraph (1) of subdivision (a) and the owner and the operator of the facility shall, pursuant to Section 21089 of the Public Resources Code, pay all costs incurred by the department for purposes of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), in conjunction with an application or request for any of the activities identified in subdivision (a), including any activities associated with correction action. (2) Paragraph (1) does not apply to projects that are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) Reimbursements received pursuant to this section shall be placed in the Hazardous Waste Control Account for appropriation in accordance with Section 25174. (e) Subdivision (a) does not apply to a variance granted pursuant to Article 4 (commencing with Section 66263.40) of Chapter 13 of Division 4.5 of Title 22 of the California Code of Regulations. (f) Subdivision (a) does not apply to any of the following: (1) A variance issued to a public agency to transport wastes for purposes of operating a household hazardous waste collection facility or to transport waste from a household hazardous waste collection facility, which receives household hazardous waste or hazardous waste from very small quantity generators pursuant to Article 10.8 (commencing with Section 25218). (2) A permanent household hazardous waste collection facility. (3) A variance issued to a public agency to conduct a collection program for agricultural wastes. (g) Fees imposed pursuant to this section shall be administered and collected by the department. (h) (1) The changes made in this section by Chapter 340 of the Statutes of 2016 apply to applications and requests submitted to the department on and after April 1, 2016. (2) If, on and after April 1, 2016, an applicant has submitted an application and paid a fee pursuant to subdivision (d), as that subdivision read on April 1, 2016, but before September 13, 2016, the department shall determine the difference between the amount paid by the applicant and the amount due pursuant to subdivision (a), and that applicant shall be liable for that amount. (Amended by Stats. 2021, Ch. 153, Sec. 4. (AB 698) Effective January 1, 2022.)
25206.1.
## 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 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. )
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This section defines “direct costs,” “indirect costs,” and “pro rata” for this 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 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. ) ## 25206.1. For purposes of this article, the following terms have the following meaning: (a) “Direct costs” means the costs to the department of processing applications, responding to requests, or providing other services, for which the applicant or requester is required to reimburse the department pursuant to those provisions specified in Section 25206.2, that can be specifically attributed to a particular cost objective, including, but not limited to, sites, facilities, and activities. (b) “Indirect costs” means the costs to the department of activity that is of a common or joint purpose benefiting more than one cost objective and not readily assignable to a single cost objective. (c) “Pro rata” means the general administrative costs expended by central service agencies to provide centralized services to state agencies, as defined in the State Administrative Manual. (Added by Stats. 1997, Ch. 870, Sec. 31. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
25206.2.
## 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 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. )
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The department must follow this section’s cost-recovery rules when charging for applications, requests, or related services, and it must give estimates, invoice regularly, and handle disputes in a set way.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. ) ## 25206.2. (a) Except as provided in subdivision (c), the department shall comply with this article when recovering costs for processing applications, responding to requests, or providing other services, for which the applicant or requester is required to reimburse the department for its costs pursuant to Sections 25149.3, 25179.7, 25200.1.5, 25201.9, 25205.7, 25222.1, 25233, and 25234. For purposes of this article and Sections 25149.3, 25179.7, 25200.1.5, 25201.9, 25205.7, 25222.1, 25233, and 25234, the department’s costs include direct costs, indirect costs, and pro rata costs, as defined in Section 25206.1. (b) For the purposes of recovering the department’s costs pursuant to those provisions listed in subdivision (a), the department shall establish and implement policies and procedures that include, but are not limited to, all of the following: (1) Within 14 days following receipt of an application or request for which charges are to be assessed, or a later date as may be mutually agreed upon, the department and the applicant or requester shall hold a project planning meeting. Within 30 days from the date of the planning meeting, or within 30 days from the date that a complete application or request is received by the department, whichever is later, or by a later date mutually agreed upon, the department shall provide the applicant or requester an estimate that includes all of the following information: (A) A detailed description of the work to be performed or services to be provided. (B) The estimated billing rates for all classes of employees expected to work on the project. The department may adjust its billing rates not more than once every six months. Any adjustment in billing rates or other charges, including, but not limited to, pro rata costs and indirect costs, shall operate prospectively. (C) An estimate of all expected charges to be billed to the applicant or requester, to the extent that the department can project its time and costs in advance. The department may adjust this estimate subsequent to commencement of the project based on analysis of new information that supports the adjustment, including, but not limited to, such circumstances as a change in the scope of the original work, additional work that is needed to ensure protection of human health or safety or of the environment, or other circumstances that arise that require substantially more time and effort than was originally anticipated to complete the work. An adjustment may only be made after providing written notice and a detailed explanation of the change to the applicant or requester. (2) The department shall adopt a billing system and procedures that include, but are not limited to, all of the following: (A) Billing rate and indirect cost rate schedules by employee job classification. (B) Standardized work task descriptions. (C) Issuance of invoices at least quarterly, and to the extent practicable, within 60 days from the date of completion of work for which the charge is assessed. (D) The inclusion of sufficient detail with each invoice so that the applicant or requester can relate the items on the invoice to the benefits received and to the estimate or charges provided pursuant to subparagraph (C) of paragraph (1). Invoices shall be supplemented with statements of any changes in rates and a detailed justification for any such changes. (E) Upon request and within a reasonable time, not to exceed 30 working days to the extent practicable, providing the applicant or requester with access to time records and other materials supporting the invoice. (F) The review of invoices for accuracy and appropriateness by a member of the department staff who has direct knowledge of the work or service performed. (G) The mailing of invoices to the contact person identified by the applicant or requester. (H) The development of policies and procedures for resolving disputes regarding charges billed pursuant to this section. The department shall ensure that the party responsible for resolving a dispute is not also responsible for, or performing, the work for which the charges are assessed. A person disputing an invoice shall notify the department in writing of the dispute and the reasons for the dispute within 45 days from the date of the invoice. (I) The development of a concise statement of its cost reimbursement policies and billing procedures, and making those policies and procedures, the dispute resolution policies and procedures, and other program guidance and policies readily available to any person requesting them. (c) This article does not require amendment of, or otherwise affect, any agreement entered into prior to July 1, 1998, pursuant to which any person has agreed to reimburse the department for the costs incurred by the department in processing applications, responding to requests, or otherwise providing other services pursuant to those provisions listed in subdivision (a). (Added by Stats. 1997, Ch. 870, Sec. 31. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
25206.3.
## 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 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. )
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The department must take specified steps for tracking indirect 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 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. ) ## 25206.3. The department shall take all of the following actions with regard to the tracking of indirect costs: (a) Ensure that pro rata costs are allocated appropriately to all departmental activities, so that the department’s program will only bear those pro rata costs in proportion to the benefits received by those persons subject to the reimbursement requirements specified in Section 25206.2. (b) Routinely include operating expenses in the indirect costs and allocate those expenses using processes that ensure that the department’s program only bears indirect costs in proportion to the benefits received by those persons subject to the reimbursement requirements specified in Section 25206.2. (c) Exclude from indirect costs, the costs of grant development and administration, fee administration, contract development and administration, and public and governmental inquiries. (Added by Stats. 1997, Ch. 870, Sec. 31. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
25206.4.
## 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 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. )
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The department must set and periodically update program-specific indirect cost rates, use current data and relevant factors, apply the rates prospectively, and not make retroactive adjustments.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.2. Cost Reimbursement [25206.1 - 25206.4] ( Article 9.2 added by Stats. 1997, Ch. 870, Sec. 31. ) ## 25206.4. The department shall establish rates for indirect costs that are specific to each program and shall review and update the indirect cost rates based upon increases or decreases in the amounts of grants received by the department, department reorganizations, and other relevant factors, but not less than once every six months, based upon the previous 12 months of expenditure data. The department shall apply the indirect cost rates prospectively and shall not make retroactive adjustments in those rates. (Added by Stats. 1997, Ch. 870, Sec. 31. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
25207.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
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The Legislature states that small agriculture-related operations need an affordable way to dispose of banned, unregistered, or outdated agricultural 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207. The Legislature finds and declares all of the following: (a) Small agriculture-related operations need an appropriate and economic means of disposing of banned, unregistered, or outdated agricultural wastes. (b) An awareness of the problems caused by agricultural wastes has increased as information has become available from the planning process for county hazardous waste management plans conducted pursuant to Article 3.5 (commencing with Section 25135). (c) Banned, unregistered, or outdated agricultural wastes are located in rural areas. (d) The abandonment or illegal disposal of these agricultural wastes is a threat to water supplies and wildlife habitat. (Amended by Stats. 1992, Ch. 591, Sec. 1. Effective January 1, 1993.)
25207.1.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

This section defines key terms used in the article, including banned or unregistered agricultural waste, economic poison, eligible participant, outdated agricultural waste, and registrant.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.1. For purposes of this article, the following definitions apply: (a) “Banned or unregistered agricultural waste” means a hazardous waste, as defined in Section 25117, including an extremely hazardous waste, containing an economic poison for which the Administrator of the Environmental Protection Agency has canceled or suspended its registration after purchase pursuant to Part 164 (commencing with Section 164.1) of Subchapter E of Chapter 1 of Title 40 of the Code of Federal Regulations, or for which the Director of Pesticide Regulation has canceled or suspended its registration after purchase pursuant to Section 12825, 12826, 12827, or 12827.5 of the Food and Agricultural Code. (b) “Economic poison” means an economic poison, as defined in Section 12753 of the Food and Agricultural Code. (c) “Eligible participant” means any of the following: (1) Any person who stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes and operates any of the following: (A) A farm for the purpose of cultivating the soil or raising any agricultural or horticultural commodity. (B) An agricultural pest control business. (C) An agricultural pesticide dealership. (D) A park, cemetery, or golf course. (2) A governmental agency which performs pest control work and stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes. (3) A business concern which primarily conducts operations relating to agriculture and stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes. (d) “Outdated agricultural waste” means an economic poison which can be classified as a retrograde material, as defined in Section 25121.5. (e) “Registrant” has the same meaning as defined in Section 12755 of the Food and Agricultural Code. (Amended by Stats. 1992, Ch. 591, Sec. 2. Effective January 1, 1993.)
25207.10.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
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A county running this collection program must charge participants a fee for program costs and must send 10% of collected fees to the department within 60 days; it may also add a separate fee for registration, administration, and overhead.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.10. (a) A county implementing a collection program pursuant to this article shall charge a fee to eligible participants to cover the county’s costs of implementing the program, including, but not limited to, the costs of collecting, handling, transporting, treating, recycling, and disposing of the wastes. The county shall transfer 10 percent of the fees that are collected pursuant to this subdivision to the department, within 60 days from the date of collection, for deposit in the Hazardous Waste Control Account, for expenditure by the department, upon appropriation by the Legislature, for purposes of implementing this article. (b) A county implementing a collection program pursuant to this article may also charge a fee to eligible participants to cover registration fees, administrative costs, and overhead expenses. (Added by renumbering Section 25207.9 by Stats. 1993, Ch. 989, Sec. 10. Effective January 1, 1994.)
25207.11.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

The collection program must require recycling of collected banned, unregistered, or outdated agricultural wastes when economically feasible.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.11. The collection program shall require, when economically feasible, that the banned, unregistered, or outdated agricultural wastes which are collected are recycled. If not recycled, the wastes shall be treated or disposed of in compliance with this chapter. (Added by renumbering Section 25207.10 by Stats. 1993, Ch. 989, Sec. 11. Effective January 1, 1994.)
25207.12.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

Eligible participants who submit certain agricultural wastes for collection are exempt from specified fees, reimbursements, and a hazardous waste facilities permit requirement; a compliant county collection program is also protected from liability in certain cost recovery actions.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.12. (a) Any eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection in a program established pursuant to this article is exempt from the fees and reimbursements required by Sections 25205.2, 25205.5, and 25205.7, with regard to the wastes submitted for collection. (b) An eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection is exempt from the hazardous waste facilities permit requirements of Section 25201 with regard to the management of the wastes submitted for collection. (c) A county operating a collection program in compliance with this article shall not be held liable in any cost recovery action brought pursuant to Section 79650 for any hazardous waste that has been properly handled and transported to an authorized hazardous waste treatment or disposal facility, in compliance with this chapter, at a location other than that of the collection program. (d) This section shall become operative on January 1, 2022, and shall apply to the fees due for the 2022 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period. (Amended by Stats. 2022, Ch. 258, Sec. 55. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
25207.13.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

A county that collects certain agricultural wastes is treated as the person who produced the hazardous waste for manifest-compliance purposes, if the waste is labeled and no remedial or removal action is required.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.13. For purposes of complying with the manifest requirements of subdivision (b) of Section 25160, a county which collects banned, unregistered, or outdated agricultural wastes pursuant to this article shall be deemed to be the person who produced the hazardous waste, if the banned, unregistered, or outdated agricultural wastes collected by the county is labeled and no remedial or removal action is required. (Added by renumbering Section 25207.12 by Stats. 1993, Ch. 989, Sec. 13. Effective January 1, 1994.)
25207.2.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

A county may create and run a collection program for certain agricultural wastes, may consult specified agencies and others, and if it runs the program it must include participant education on disposal procedures and liability issues.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.2. (a) A county may develop and establish a collection program for the collection of banned, unregistered, or outdated agricultural wastes, which shall be implemented and operated pursuant to this article. In implementing this collection program, the county may consult with the department, the Department of Pesticide Regulation, the Department of the California Highway Patrol, licensed agricultural pest control operators, agricultural pest control advisers, and the University of California. (b) A county may implement a collection program with the assistance of the county agricultural commissioner. (c) If a county implements a collection program pursuant to this article, the program shall include the education of eligible participants on the procedures for the disposal of banned, unregistered, or outdated agricultural wastes, and on problems concerning liability with regard to that disposal. (Amended by Stats. 1993, Ch. 989, Sec. 1. Effective January 1, 1994.)
25207.3.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

A participating county must conduct a survey within 180 days after choosing to implement this 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.3. A participating county shall conduct a survey to identify all eligible participants in the county, within 180 days after the county elects to implement this article, to assess the amount, kind, and conditions of the banned, unregistered, or outdated agricultural waste which will be collected by the program. The survey shall include, but not be limited to, an evaluation of the banned, unregistered, or outdated agricultural waste to determine if it is securely contained, requires a removal or remedial action, whether the contents of the wastes are known, and whether it is clearly labeled. (Added by Stats. 1990, Ch. 1173, Sec. 1. Effective September 24, 1990.)
25207.4.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
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If a county runs a collection program with sites for eligible dropoff of banned, unregistered, or outdated agricultural wastes, it must submit required materials to the department after the sites are selected.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.4. If a county implements a collection program that includes collection sites for the dropoff of banned, unregistered, or outdated agricultural wastes by eligible participants, the county shall, upon selection of the sites, complete and submit to the department, for review and approval, both of the following: (a) An application for Hazardous Waste Identification Numbers for each collection site. (b) A notification to operate each collection site under a permit-by-rule. (Amended by Stats. 2024, Ch. 72, Sec. 28. (SB 156) Effective July 2, 2024.)
25207.5.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
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Eligible participants transporting certain agricultural wastes are generally exempt from several hazardous-waste requirements, but higher-volume generators must get an identification number and use a manifest.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.5. (a) Except as provided in subdivision (b), for purposes of this article, all eligible participants who transport banned, unregistered, or outdated agricultural wastes which are identified in the survey conducted pursuant to Section 25207.3, and which are prepackaged in accordance with the federal regulations specified in subdivision (a) of Section 25207.6 and transported to the collection site in accordance with subdivision (c) of Section 25207.6, or who transport banned, unregistered, or outdated agricultural wastes which are rejected at the collection site and required to be transported back to the point of origin, are exempt from all of the following: (1) The requirements for hazardous waste transporter registration specified in Section 25163. (2) The manifest requirement specified in subdivision (c) of Section 25160. (3) The volume and weight limits specified in subdivision (c) of Section 25163. (4) The requirement to obtain an extremely hazardous waste disposal permit pursuant to Chapter 43 (commencing with Section 67430.1) of Division 4.5 of Title 22 of the California Code of Regulations. (b) Notwithstanding subdivision (a), any eligible participant who generates more than 100 kilograms per month of any RCRA hazardous waste or more than one kilogram per month of any extremely hazardous waste shall obtain a hazardous waste identification number and use a manifest as specified in paragraph (1) of subdivision (a) of Section 25160, when transporting banned, unregistered, or outdated agricultural wastes subject to a collection program, which shall be completed in accordance with the regulations set forth in Subpart B (commencing with Section 262.20) of Part 262 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2019, Ch. 133, Sec. 10. (AB 1597) Effective January 1, 2020.)
25207.6.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

Eligible participants must handle certain agricultural wastes transported under Section 25207.5 in three specified ways.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.6. All eligible participants shall handle banned, unregistered, or outdated agricultural wastes that are transported pursuant to Section 25207.5 in the following manner: (a) The wastes shall be prepackaged in accordance with the regulations adopted by the federal Department of Transportation. (b) The wastes shall be accompanied by a shipping paper with the information required by the federal Department of Transportation for 100 kilograms or less of RCRA or any non-RCRA waste. (c) The wastes shall be transported in accordance with the Vehicle Code and the regulations adopted by the Department of the California Highway Patrol pursuant to subdivision (b) of Section 34501 of the Vehicle Code. (Repealed and added by Stats. 1993, Ch. 989, Sec. 6. Effective January 1, 1994.)
25207.7.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

The county must operate the designated waste collection site and comply with regulations adopted under Section 25160.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.7. The county shall act as the operator of the designated site for the collection of the wastes and shall comply with the regulations adopted pursuant to Section 25160 as the operator of that facility, as specified in Section 25207.13. (Added by Stats. 1993, Ch. 989, Sec. 8. Effective January 1, 1994.)
25207.8.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
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Banned, unregistered, or outdated agricultural wastes moved from a collection site must be transported by a registered hazardous waste transporter to an offsite hazardous waste disposal facility, and the handling/transport must follow specified federal and state hazardous-waste 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.8. The banned, unregistered, or outdated agricultural wastes transported from the collection site shall be transported by a registered hazardous waste transporter to an offsite hazardous waste disposal facility and a manifest shall be completed for the wastes in accordance with Sections 25160 and 25163. The wastes shall also be handled and transported in accordance with the regulations adopted by the Environmental Protection Agency pertaining to the management of hazardous waste, including, but not limited to, the regulations specified in Part 260 (commencing with Section 260.1) to Part 270 (commencing with Section 270.1), inclusive, of Subchapter I of Chapter 1 of the Code of Federal Regulations, the regulations adopted by the federal Department of Transportation concerning the transportation of hazardous materials, and any applicable state laws or regulations. (Amended by Stats. 1996, Ch. 539, Sec. 22. Effective January 1, 1997.)
25207.9.
## 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 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. )
Verify source ↗

A participating county must submit a report to the department about certain transportation accidents within 10 days of the incident.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.4. Banned, Unregistered, or Outdated Agricultural Wastes [25207 - 25207.13] ( Article 9.4 added by Stats. 1990, Ch. 1173, Sec. 1. ) ## 25207.9. A report regarding any transportation accident involving banned, unregistered, or outdated agricultural wastes that are transported pursuant to a collection program shall be submitted to the department by the participating county within 10 days of the incident. (Added by renumbering Section 25207.8 by Stats. 1993, Ch. 989, Sec. 9. Effective January 1, 1994.)
25208.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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This article is known and may be cited as the Toxic Pits Cleanup Act of 1984.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208. This article shall be known and may be cited as the Toxic Pits Cleanup Act of 1984. (Added by Stats. 1984, Ch. 1543, Sec. 2.)
25208.1.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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The Legislature finds that liquid hazardous waste in surface impoundments can contaminate the environment and says the article is intended to create a continuing program to prevent that contamination and to make existing impoundments safe or close them.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.1. The Legislature finds and declares as follows: (a) Discharges of liquid hazardous wastes or hazardous wastes containing free liquids into lined or unlined ponds, pits, and lagoons pose a serious threat to the quality of the waters of the state. (b) Recent reports indicate that hazardous waste contamination from surface impoundments is migrating to domestic drinking water supplies and threatening the continued beneficial uses of the state’s ground and surface waters, air, and environment. (c) Under the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.), and under state regulations, the storage of hazardous wastes in existing ponds has not been required to meet the same requirements as new impoundments, such as double liners, leachate collection, and leak detection. (d) Recent studies have found that synthetic liners, clay liners, and combinations, including clay and synthetic liners, impede, but do not eliminate, leachate from surface impoundments migrating into the surrounding environment. (e) It is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage, treatment, and disposal of, liquid hazardous wastes or hazardous wastes containing free liquids in surface impoundments. It is the intent of the Legislature, in enacting this article, to establish a program that will ensure that existing surface impoundments are either made safe or are closed, so that they do not contaminate the air or waters of the state, and so that the health, property, and resources of the people of the state are protected. (Added by Stats. 1984, Ch. 1543, Sec. 2.)
25208.10.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
Verify source ↗

The state board and regional boards may contract for temporary services needed to implement this article during the 1984–85 fiscal year.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.10. For purposes of performing the functions and duties provided for in this article, and because of the urgency in protecting the public, the state board and regional boards may, during the 1984–85 fiscal year, contract for temporary services necessary to implement this article. (Added by Stats. 1984, Ch. 1543, Sec. 2.)
25208.11.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
Verify source ↗

This section says the article does not restrict or reduce the department’s, state board’s, or regional board’s powers and duties under the referenced laws.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.11. This article shall not be construed to limit or abridge the powers and duties granted to the department pursuant to this chapter or pursuant to Part 2 (commencing with Section 78000) of Division 45 or to the state board or any regional board pursuant to Division 7 (commencing with Section 13000) of the Water Code. (Amended by Stats. 2022, Ch. 258, Sec. 56. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
25208.12.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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Certain Water Code articles apply to actions or failures to act by a regional board under this 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.12. Article 2 (commencing with Section 13320) of, Article 3 (commencing with Section 13330) of, and Article 4 (commencing with Section 13340) of, Chapter 5 of Division 7 of the Water Code applies to any action of, or failure to act by, a regional board pursuant to this article. (Added by Stats. 1984, Ch. 1543, Sec. 2.)
25208.13.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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A person may seek an exemption for a mining-waste surface impoundment, but must file an application and, in some cases, a hydrogeological report. The regional board may grant the exemption only if the required findings are made, and it must add conditions to protect state waters.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.13. (a) If the regional board determines that certain mining wastes have properties so that the wastes do not pollute or threaten to pollute the waters of the state when discharged into a surface impoundment which is in compliance with all applicable regulations adopted by the state board pursuant to Division 7 (commencing with Section 13000) of the Water Code, the regional board may exempt a surface impoundment into which these mining wastes are discharged from Sections 25208.4 and 25208.5, pursuant to subdivision (b). (b) A person may apply to a regional board authorized pursuant to subdivision (a) for an exemption from Section 25208.4 or 25208.5, or from both sections, for a surface impoundment, into which mining wastes are discharged by filing an application with the regional board. If the surface impoundment was constructed before January 1, 1984, the person shall file the application with a regional board by January 1, 1986. Except as provided in subdivision (c), the initial application for exemption shall include a completed hydrogeological assessment report which contains the accurate data and documentation specified in Section 25208.8. A regional board may grant the applicant an exemption from Section 25208.4 or 25208.5, or both, if the regional board makes both of the following findings: (1) The applicant for the exemption has fully complied with all the applicable regulations adopted by the state board for mining waste. (2) The surface impoundment does not pollute or threaten to pollute the waters of the state. (c) If the regional board grants an exemption pursuant to subdivision (b), the regional board shall revise the waste discharge requirements prescribed pursuant to Section 13263 of the Water Code for that surface impoundment based upon a review of the report and shall include conditions in the waste discharge requirement to ensure that the waters of the state will not be polluted or threatened with pollution. Except as hereafter provided, if the regional board does not grant the exemption within two years of the date of application, the applicant shall comply with the requirements specified in either Section 25208.4 or 25208.5, or with both sections, whichever is applicable, within three years from the initial date of application. If the applicant submitted the hydrogeologic assessment report on or before January 1, 1986, and the regional board determines that the report submitted contains insufficient information to allow the regional board to complete a reasoned evaluation and the applicant did not receive notice in writing of the deficiencies on or before January 1, 1988, the applicant may be granted up to a maximum of one year from the date of written notification of the deficiencies for the sole purpose of providing the information necessary to correct the deficiencies. Upon receipt of the additional information, the regional board shall complete the evaluation and may grant an exemption in accordance with this section within 60 days. If the regional board denies the exemption, the applicant shall comply with the requirements specified in either Section 25208.4 or 25208.5, or with both sections, whichever is applicable, within one year of the date of denial. (d) An exemption granted pursuant to subdivision (b) shall not be effective for more than five years. A regional board shall not renew the exemption unless the regional board makes the findings specified in subdivision (b). (e) Applications for an exemption or renewal of an exemption shall be accompanied by the fee specified in the fee schedule adopted by the state board pursuant to Section 25208.3. (f) If a regional board determines that a surface impoundment granted an exemption pursuant to subdivision (b) is polluting the waters of the state, the regional board shall take all of the actions specified in Section 25208.6. (Amended by Stats. 1988, Ch. 885, Sec. 1.)
25208.14.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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The state board must give the Legislature a report by January 1, 1987, and include a preliminary workplan for implementing this 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.14. Not later than January 1, 1987, the state board shall provide the Legislature with a report containing information regarding the number of applications for exemption which are filed pursuant to Sections 25208.4 and 25208.5. The state board shall include in this report a preliminary workplan detailing plans for implementation of this article. The time limits set forth in this article are predicated upon the assumption that there will be not more than 300 applications filed pursuant to subdivision (b) of Section 25208.4 and subdivision (c) of Section 25208.5. The time limits set forth in this article assume that there are, on the average, three surface impoundments per facility. It is the intent of the Legislature that if it determines that there are more than 300 applications filed with regional boards with on the average, more than three surface impoundments for each facility, the Legislature will adjust the time limits specified in Sections 25208.4 and 25208.5. The Legislature hereby recognizes that if there are more than 300 applications filed by January 1, 1986, with the regional boards, the time limits should be adjusted to ensure a thorough analysis of each application. (Added by Stats. 1984, Ch. 1543, Sec. 2.)
25208.15.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
Verify source ↗

Certain in-ground sumps are exempt from specified hazardous-waste requirements if they meet construction and operating conditions and are approved by the regional 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.15. (a) Notwithstanding any other provision of this article, an in-ground sump, used by a pest control operator licensed under Section 11705 of the Food and Agricultural Code, or used by a local or state agency, which meets all of the specifications listed in subdivision (b) and complies with subdivision (c), is exempt from the requirements of subdivision (a) of Section 25208.4, Section 25208.5, and Section 25208.8 if, prior to installation, the plan for the in-ground system is submitted to the regional board and the regional board determines that the system complies with this section. (b) For purposes of this article, an “in-ground sump” shall have the following specifications: (1) It consists of two containment units. The primary container is constructed primarily of nonearthen materials, including, but not limited to, stainless steel or plastic, and is designed to prevent the migration of any constituents into the secondary container. The secondary container is constructed of impermeable materials and is designed to prevent the migration of any hazardous waste constituents into the ground surrounding the secondary container. The secondary container shall also be designed to prevent the intrusion of groundwater, rainwater, or any other surface runoff into the space beneath the primary container. (2) It is designed to allow visual inspection of the space underlying the primary container each operating day. (3) The dimensions of the in-ground sump do not exceed six feet in depth, nor 75 square feet of surface area for each hazardous waste containment system. (4) The in-ground sump is used for pest control operations. (c) In order to qualify for the exemption, an in-ground sump shall be pumped empty of free liquid at least twice each operating day and these free liquids shall not be returned to the sump. The sump shall be visually inspected at least once each operating day. A record of all visual inspections shall be maintained by the pest control operator or local or state agency and shall be audited by the regional board at least annually. (d) If at any time the regional board determines that the primary container of an in-ground sump is leaking, the regional board shall immediately order the discharge to cease and shall either order installation of a new primary container as provided in paragraph (1) of subdivision (b) or revoke the exemption authorized by this section. Nothing in this section shall be construed to limit the regional board’s authority to take any action necessary to determine whether an in-ground sump poses any threat to the waters of the state. (Added by Stats. 1985, Ch. 1400, Sec. 1.)
25208.16.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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This section lets a person apply for an exemption for certain surface impoundments, but only if specified conditions are met and the regional board approves.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.16. (a) A person may apply to the regional board for an exemption from subdivision (c) of Section 25208.4 for a surface impoundment into which restricted hazardous wastes that do not contain cyanide wastes or polychlorinated biphenyls (PCBs) in concentrations specified in paragraphs (1) and (4) of subdivision (a) of Section 25122.7 are discharged for the purpose of onsite temporary storage and treatment by filing an application with the regional board. If the surface impoundment was constructed before January 1, 1984, the person shall file the application with a regional board by March 1, 1986. The initial application for exemption shall include a completed hydrogeological assessment report that contains the accurate data and documentation specified in Section 25208.8. A regional board may grant the applicant an exemption from subdivision (c) of Section 25208.4 if the regional board makes all of the following findings: (1) No extremely hazardous wastes are currently being discharged into the surface impoundment, and either one of the following applies: (A) The records of the person applying for the exemption indicate that no extremely hazardous wastes have been discharged into the surface impoundment. (B) Extremely hazardous wastes are not present in the surface impoundment, in the vadose zone, or in the waters of the state. (2) The surface impoundment is used for the purpose of temporary storage and noncontinuous batch treatment, all hazardous wastes are removed after each batch treatment within 30 days from the date of discharge into the impoundment, and the surface impoundment is visually inspected prior to each use, tested for integrity at least annually, and is in compliance with subdivision (a) of Section 25208.7. A report of this test shall be filed with the regional board. (3) The surface impoundment is in compliance with Section 25208.5 and a report has been filed pursuant to Section 25208.8. (b) For purposes of this section, “treatment” means any method of neutralization and precipitation of metals from an acidic solution that changes the physical or chemical characteristics of the restricted hazardous waste so as to render it less harmful to the quality of the waters of the state, safer to handle, or easier to contain or manage. (c) An exemption granted pursuant to subdivision (a) shall be effective for not more than five years. A regional board shall not renew the exemption unless the regional board makes the findings specified in subdivision (a). (d) Applications for an exemption or renewal of an exemption shall be accompanied by the fee specified in the fee schedule adopted by the state board pursuant to Section 25208.3. (e) If a regional board determines that a surface impoundment granted an exemption pursuant to subdivision (a) is polluting, or threatening to pollute, the waters of the state, the regional board shall take all of the actions specified in Section 25208.6. (f) The exemption authorized by this section shall be available only for surface impoundments used for the temporary storage and treatment of boiler cleaning wastes at fossil-fueled powerplants owned or operated by a public utility subject to the jurisdiction of the Public Utilities Commission used to generate electricity for sale to the public, except that a public utility that has secured an exemption under this section may transfer that exemption to a subsequent owner of the fossil-fueled powerplant, regardless of whether the subsequent owner is a public utility subject to the jurisdiction of the Public Utilities Commission or sells the electricity generated to the public, if all of the conditions of subdivision (i) are met. If the exemption is transferred, all the requirements of this section shall apply to the subsequent owner. A subsequent owner may, in turn, transfer the exemption to another subsequent owner if all the conditions of subdivision (i) are met at the time of that transfer. (g) For purposes of this section, any surface impoundment located within one-half mile up gradient of a potential source of drinking water shall comply with the requirements for double liners, leachate collection systems, and groundwater monitoring specified in subdivision (a) of Section 25208.5, and shall not be granted an exemption pursuant to subdivision (c) of Section 25208.5. (h) For purposes of this section, any surface impoundment not located within one-half mile up gradient of a potential source of drinking water shall be equipped with double liners, a leachate collection system, and groundwater monitoring. The leachate collection system and groundwater monitoring required by this subdivision shall be consistent with the requirements specified in subdivision (a) of Section 25208.5. The requirements for double liners in this section may be satisfied by double liners made of synthetic or other materials with a permeability of not more than 1 x 10-7 centimeters per second. If a substantial breach of the top liner in any surface impoundment covered by this subdivision is detected through inspection, testing, or otherwise, the integrity of the top liner shall be restored prior to the next subsequent use of the impoundment. (i) A subsequent owner of a fossil-fueled powerplant seeking to obtain a transfer of an exemption granted under this section shall apply for that exemption transfer to the regional board. The application may be granted by the regional board only if the regional board finds that all of the following conditions have been met: (1) The subsequent owner, at the time of the transfer, will be in compliance with all requirements of this section. (2) The hydrogeological assessment report, as required by subdivision (a), is on file. (3) The surface impoundment has been inspected and tested for integrity within the six months prior to the date of the proposed transfer. (4) The subsequent owner has obtained a transfer of the hazardous waste facilities permit applicable to the surface impoundment and has demonstrated compliance with the financial assurance and liability insurance requirements specified in Article 8 (commencing with Section 66264.140) of Chapter 14 of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulation. (5) The application for transfer of the exemption is accompanied by a fee sufficient to cover the costs of processing the application, as determined by the regional board. (Amended by Stats. 1997, Ch. 330, Sec. 1. Effective January 1, 1998.)
25208.17.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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Some persons are exempt from filing a Section 25208.7 report if they meet listed conditions, but they must apply by the deadline, pay fees, and provide detailed hydrogeological reports.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.17. (a) Except as provided in subdivision (g), a person specified in subdivision (h) is exempt from filing the report required by Section 25208.7 if the surface impoundment has been closed, or will be closed before January 1, 1988, in accordance with Subchapter 15 (commencing with Section 2510) of Chapter 3 of Title 23 of the California Code of Regulations, and it has only been used for the discharge of economic poisons, as defined in Section 12753 of the Food and Agricultural Code, and if the person submits an application for exemption to the regional board on or before February 1, 1987, pursuant to subdivision (b) and an initial hydrogeological site assessment report to the regional board on or before July 1, 1987. A qualified person shall be responsible for the preparation of the hydrogeological site assessment report and shall certify its completeness and accuracy. (b) A person seeking exemption from Section 25208.7 shall file an application for exemption with the regional board on or before February 1, 1987, together with an initial filing fee of three thousand dollars ($3,000). The application shall include the names of persons who own or operate each surface impoundment for which the exemption is sought and the location of each surface impoundment for which an exemption is sought. (c) Notwithstanding Section 25208.3, each person filing an application for exemption pursuant to subdivision (b) shall pay only the application fee provided in subdivision (b) and any additional fees assessed by the state board to recover the actual costs incurred by the state board and regional boards to administer this section. The person is not liable for fees assessed pursuant to Section 25208.3, except that, if the person is required to comply with Section 25208.7 or 25208.6, the fees assessed under this section shall include the costs of the regional board and state board to administer those sections. (d) If a person fails to pay the initial filing fee by February 1, 1987, or fails to pay any subsequent additional assessment pursuant to subdivision (c), the person shall be liable for a penalty of not more than 100 percent of the fees due and unpaid, but in an amount sufficient to deter future noncompliance, as based upon that person’s past history of noncompliance and ability to pay, and upon additional expenses incurred by the regional board and state board as a result of this noncompliance. (e) Notwithstanding Section 25208.3, after the regional board has made a determination pursuant to subdivision (g), a final payment or refund of fees specified in subdivision (c) shall be made so that the total fees paid by the person shall be sufficient to cover the actual costs of the state board and the regional board in administering this section. (f) The hydrogeological site assessment report shall contain, for each surface impoundment, all of the following information: (1) A description of the surface impoundment, including its physical characteristics, its age, the presence or absence of a liner, a description of the liner, the liner’s compatibility with the hazardous wastes discharged to the impoundment, and the design specifications of the impoundment. (2) A description of the volume and concentration of hazardous waste constituents placed in the surface impoundment, based on a representative chemical analysis of the specific hazardous waste type and accounting for variance in hazardous waste constituents over time. (3) An analysis of surface and groundwater on, under, and within one mile of the surface impoundment to provide a reliable indication of whether or not hazardous constituents or leachate is leaking or has been released from the surface impoundment. (4) A chemical characterization of soil-pore liquid in areas that are likely to be affected by hazardous constituents or leachate released from the surface impoundment, as compared to geologically similar areas near the surface impoundment that have not been affected by releases from the surface impoundment. This characterization shall include both of the following: (A) A description of the composition of the vadose zone beneath the surface impoundment. This description shall include a chemical and hydrogeological characterization of both the consolidated and unconsolidated geologic materials underlying the surface impoundment, and an analysis for pollutants, including those constituents discharged into the surface impoundment. This description shall also include soil moisture readings from a representative number of points around the surface impoundment’s perimeter and at the maximum depth of the surface impoundment. If the regional board determines that the use of suction type soil sampling devices is infeasible due to climate, soil hydraulics, or soil texture, the regional board may authorize the use of alternative devices. The initial report shall contain all data in tabular form so that data, constituents, and concentrations are readily discernible. (B) A determination of the chemical characteristics of the soil made by collecting a soil sample upgradient from the impoundment or from an area that has not been affected by seepage from the surface impoundment and that is in a hydrogeologic environment similar to the surface impoundment. The determinations shall be analyzed for the same pollutants analyzed pursuant to subparagraph (A). (5) A description of current groundwater and vadose zone monitoring being conducted at the surface impoundment for leak detection, including detailed plans and equipment specifications and a technical report that provides the rationale for the spatial distribution of groundwater and vadose zone monitoring points for the design of monitoring facilities, and for the selection of monitoring equipment. This description shall include: (A) A map showing the location of monitoring facilities with respect to each surface impoundment. (B) Drawings and design data showing construction details of groundwater monitoring facilities, including all of the following: (i) Casing and hole diameter. (ii) Casing materials. (iii) Depth of each monitoring well. (iv) Size and position of perforations. (v) Method for joining sections of casing. (vi) Nature and gradation of filter material. (vii) Depth and composition of annular seals. (viii) Method and length of time of development. (ix) Method of drilling. (C) Specifications, drawings, and data for the location and installation of vadose zone monitoring equipment. (D) Discussion of sampling frequency and methods and analytical protocols used. (E) Justification of indicator parameters used. (6) Documentation demonstrating that the monitoring system and methods used at the facility can detect any seepage before the hazardous waste constituents enter the waters of the state. This documentation shall include, but is not limited to, substantiation of each of the following: (A) The monitoring facilities are located close enough to the surface impoundment to identify lateral and vertical migration of any constituents discharged to the impoundment. (B) The groundwater monitoring wells are not located within the influence of any adjacent pumping water wells that might impair their effectiveness. (C) The groundwater monitoring wells are screened only in the zone of groundwater to be monitored. (D) The casing material in the groundwater monitoring wells does not interfere with, or react to, the potential contaminants of major concern at the impoundment. (E) The casing diameter allows an adequate amount of water to be removed during sampling and allows full development of each well. (F) The annular seal of each groundwater monitoring well prevents pollutants from migrating down the well. (G) The water samples are collected after at least five well volumes have been removed from the well and that the samples are collected, preserved, transported, handled, analyzed, and reported in accordance with guidelines for collection and analysis of groundwater samples that provide for preservation of unstable indicator parameters and prevent physical or chemical changes that could interfere with detection of indicator parameters. If the wells are low-yield wells, in that the wells are incapable of yielding three well volumes during a 24-hour period, the methods of water sample collection shall ensure that a representative sample is obtained from the well. (H) The hazardous waste constituents selected for analysis are specific to the facility, taking into account the chemical composition of hazardous wastes previously placed in the surface impoundment. (I) The frequency of monitoring is sufficient to give timely warning of any leakage or release of hazardous constituents or leachate so that remedial action can be taken prior to any adverse changes in the quality of the groundwater. (7) A written statement from the qualified person preparing the report indicating whether any hazardous constituents or leachate has migrated into the vadose zone, water-bearing strata, or waters of the state in concentrations that pollute or threaten to pollute the waters of the state. (8) A written statement from the qualified person preparing the report indicating whether any migration of hazardous constituents or leachate into the vadose zone, water-bearing strata, or waters of the state is likely or not likely to occur within five years, and any evidence supporting that statement. (g) The regional board shall complete a thorough analysis of each hydrogeological site assessment report submitted pursuant to subdivision (b) within one year after submittal. If the regional board determines that a hazardous waste constituent from the surface impoundment is polluting or threatening to pollute, as defined in subdivision (l) of Section 13050 of the Water Code, both of the following shall occur: (1) The regional board shall issue a cease and desist order or a cleanup and abatement order that prohibits any discharge into the surface impoundment and requires compliance with Section 25208.6. (2) The person shall file a report pursuant to Section 25208.7 within nine months after the regional board makes the determination pursuant to subdivision (g). In making any determination under this subdivision, the regional board shall state the factual basis for the determinations. (h) For purposes of this section, “person” means only the following: (1) Pest control operators and businesses licensed pursuant to Section 11701 of the Food and Agricultural Code. (2) Local governmental vector control agencies who have entered into a cooperative agreement with the department pursuant to Section 116180. (Amended by Stats. 2006, Ch. 538, Sec. 383. Effective January 1, 2007.)
25208.2.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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This section defines terms used for surface impoundment rules, including “board,” “facility,” “close the impoundment,” and “surface impoundment.”

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.2. For purposes of this article, the following definitions apply: (a) “Active life of the facility” means that period of time when the facility has the potential to adversely affect the waters of the state, but if the owner enters into an agreement with the board to properly close the impoundment on a specified date, the active life of the facility means that period of time up to that specified date. (b) “Background water quality” means the level of concentration of indicator parameters in groundwater that is not, or has not been, affected by any hazardous waste, hazardous waste constituent, or hazardous waste leachate emanating from a particular waste management unit. (c) “Board” or “state board” means the State Water Resources Control Board. (d) “Close the impoundment” means the permanent termination of all hazardous waste discharge operations at a waste management unit and any operations necessary to prepare that waste management unit for postclosure maintenance that are conducted pursuant to the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.), and the regulations adopted by the state board and the department concerning the closure of surface impoundments. (e) “Constituent” means an element, chemical compound, or mixture of compounds that is a component of a hazardous waste or leachate and has the physical or chemical properties that cause the waste to be identified as hazardous waste by the department. (f) “Discharge” means to place, dispose of, or store liquid hazardous wastes or hazardous wastes containing free liquids into or in a surface impoundment owned or operated by the person who is conducting the placing, disposal, or storage. (g) “Emergency containment dike” means a berm that is located around a tank solely for the purpose of containing any emergency spills from the tank and does not contain any liquid hazardous waste or hazardous wastes containing free liquids for longer than 48 hours. (h) “Facility” means the structures, appurtenances, and improvements on the land, and all contiguous land, that are used for treating, storing, or disposing of hazardous waste. A facility may consist of several waste management units. (i) “Free liquids” means liquids that readily separate from the solid portion of a hazardous waste under ambient temperature and pressure. (j) “Groundwater” means water below the land surface in a zone of saturation. (k) “Hazardous waste” means a waste that is a hazardous waste, as specified in this chapter. (l) “Indicator parameters” means the measureable physical or chemical characteristics in groundwater or soil-pore moisture that are likely to be affected by hazardous waste disposal operations and are used, for comparison purposes, to assess the result of hazardous waste disposal operations at a particular waste management unit on the waters of the state. (m) “Landfill” means a facility or part of a facility where hazardous waste is placed in or on land for disposal and that is not a land farm, surface impoundment, or an injection well. (n) “Leachate” means any fluid, including any constituents in the liquid, that has percolated through, migrated from, or drained from, a hazardous waste management unit. (o) “Owner” means a person who owns a facility or part of a facility. (p) “Perched water” means a localized body of groundwater that overlies, and is hydraulically separated from, an underlying body of groundwater. (q) “pH” means a measure of a sample’s acidity expressed as a negative logarithm of the hydrogen ion concentration. (r) “Pile” means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for the purpose of treatment or storage. (s) “Pollution” has the same meaning as defined in Section 13050 of the Water Code. (t) “Potential source of drinking water” means either water that is identified or designated in a water quality control plan adopted by a regional board as being suitable for domestic or municipal uses and is potable, or water that is located in water-bearing strata, is an underground source of drinking water, as defined in Section 146.3 of Title 40 of the Code of Federal Regulations, and does not meet the criteria for an exempted aquifer, pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations. (u) “Qualified person” means a person who has at least five years of full-time experience in hydrogeology and who is a certified engineering geologist certified pursuant to Section 7842 of the Business and Professions Code, a professional geologist registered pursuant to Section 7850 of the Business and Professions Code, or a registered civil 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. (v) “Regional board” means the California regional water quality control board for the region in which the surface impoundment is located. (w) “Report” means the hydrogeological assessment report specified in Section 25208.8. (x) “Surface impoundment” or “impoundment” means a waste management unit or part of a waste management unit that is a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials, although it may be lined with artificial materials, that is designed to hold an accumulation of liquid hazardous wastes or hazardous wastes containing free liquids, including, but not limited to, holding, storage, settling, or aeration pits, evaporation ponds, percolation ponds, other ponds, and lagoons. Surface impoundment does not include a landfill, a land farm, a pile, an emergency containment dike, a tank, or an injection well. (y) “Tank” means a stationary device, designed to contain an accumulation of hazardous waste, that is constructed primarily of nonearthen materials, such as fiberglass, steel, or plastic to provide structural support, and has been issued a permit pursuant to Section 25284. (z) “Vadose zone” means the zone between the land surface and the water table. (aa) “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. 381. Effective January 1, 2007.)
25208.3.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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The state board must adopt an emergency fee schedule for certain hazardous-waste discharges into surface impoundments, include related exemption fees and penalty provisions, and set the fees at cost-recovery levels.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.3. (a) The state board shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging any liquid hazardous wastes or hazardous wastes containing free liquids into a surface impoundment, except as provided in Section 25208.17. The state board shall include in this fee schedule the fees charged for applications for, and renewals of, an exemption from Section 25208.5, as specified in subdivision (h) of Section 25208.5, from subdivision (a) of Section 25208.4, as specified in subdivision (b) of Section 25208.4, from subdivision (c) of Section 25208.4, as specified in Section 25208.16, and from Sections 25208.4 and 25208.5, as specified in subdivision (e) of Section 25208.13. The state board shall also include provisions in the fee schedule for assessing a penalty pursuant to subdivision (c). The state board shall set these fees at an amount equal to the state board’s and regional board’s reasonable and anticipated costs of administering this article. (b) The emergency regulations that set the fee schedule shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state 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 revised by the state board. (c) The state board shall send a notice to each person subject to the fee specified in subdivision (a). If a person fails to pay the fee within 60 days after receipt of this notice, the state board shall require the person to pay an additional penalty fee. The state board shall set the penalty fee at not more than 100 percent of the assessed fee, but in an amount sufficient to deter future noncompliance, as based upon that person’s past history of compliance and ability to pay, and upon additional expenses incurred by this noncompliance. (d) The state board shall collect and deposit the fees collected pursuant to this article in the Surface Impoundment Assessment Account, which is hereby created in the General Fund. The money within the Surface Impoundment Assessment Account is available, upon appropriation by the Legislature, to the state board and the regional boards for purposes of administering this article and Article 9.7 (commencing with Section 25209.10). (Amended by Stats. 2002, Ch. 597, Sec. 1. Effective January 1, 2003.)
25208.4.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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This section limits discharges into certain surface impoundments and lets a person seek an exemption from a regional 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.4. (a) Notwithstanding any other provision of law, unless the person was granted an exemption pursuant to subdivision (b) on or before December 31, 1987, pursuant to Section 25208.4, as it read on December 31, 1988, or pursuant to Section 25208.13 or 25208.18, a person shall not discharge liquid hazardous wastes or hazardous wastes containing free liquids into a surface impoundment, if the surface impoundment, or the land immediately beneath it, contains hazardous wastes and is within one-half mile upgradient from a potential source of drinking water. A person who owns a surface impoundment which meets the conditions specified in this subdivision shall close the impoundment. (b) A person may apply to a regional board to exempt a surface impoundment from subdivision (a) pursuant to this subdivision. A person shall submit the application for exemption to the regional board on or before January 1, 1986. (1) A regional board shall either grant or deny an exemption from subdivision (a) on or before December 31, 1987. A regional board may grant an exemption from subdivision (a) only if the regional board makes both of the following findings: (A) No extremely hazardous wastes are currently being discharged into the surface impoundment, and either one of the following applies: (i) The records of the person applying for an exemption indicate that no extremely hazardous wastes have been discharged into the surface impoundment. (ii) Extremely hazardous wastes are not present in the surface impoundment, in the vadose zone, or in the waters of the state. (B) The surface impoundment is in compliance with Section 25208.5, and a report has been filed pursuant to Section 25208.8. (2) An exemption granted pursuant to this subdivision 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 schedule adopted by the state board pursuant to Section 25208.3. A regional board shall not renew the exemption unless the regional board makes both of the following findings: (A) No hazardous waste constituents have migrated from the surface impoundment into the vadose zone or the waters of the state in concentrations which pollute the vadose zone, or pollute, or threaten to pollute, the waters of the state. (B) Continuing the operation of the surface impoundment does not pose a significant potential of hazardous waste constituents migrating from the surface impoundment into the vadose zone or the waters of the state, thus polluting the vadose zone, or polluting, or threatening to pollute, these waters. (3) Except as provided in paragraph (4), the regional board shall revoke an exemption granted pursuant to this subdivision and require the person granted the exemption to comply with subdivision (a) if the regional board determines that the surface impoundment granted the exemption is polluting, or threatening to pollute, the waters of the state or that hazardous waste constituents are migrating from the surface impoundment into the vadose zone or the waters of the state in concentrations which pollute or threaten to pollute these waters. The regional board shall also issue a cease and desist order pursuant to Section 13301 of the Water Code and require appropriate removal and remedial actions by the person granted the exemption, or the responsible parties, to clean up any pollution which may have occurred. (4) Notwithstanding paragraph (3), a regional board may continue in effect an exemption granted pursuant to this subdivision if the regional board orders the person to double line the surface impoundment, equip the surface impoundment with a leachate collection system, and conduct groundwater monitoring, as specified in subdivision (a) of Section 25208.5, within one year after granting this continuance, and if the regional board makes all of the following findings: (A) The surface impoundment granted the exemption has hazardous waste constituents, in concentrations which threaten to pollute the waters of the state, which are migrating from the surface impoundment into the vadose zone, but no hazardous waste constituents have migrated into the waters of the state. (B) Installing double liners and a leachate collection system and conducting groundwater monitoring, as specified in subdivision (a) of Section 25208.5, will abate the threat to the waters of the state before any hazardous waste constituents migrate to the waters. (C) All removal and remedial actions necessary to abate the threat specified in subparagraph (A) can be completed prior to the migration of any hazardous waste constituents into the waters of the state. (5) Notwithstanding paragraph (4), the regional board shall revoke the exemption continued pursuant to paragraph (4) and shall require the person granted this continuance to comply with subdivision (a) if the regional board determines either of the following: (A) The surface impoundment is polluting the waters of the state or that hazardous waste constituents are migrating from the surface impoundment into the vadose zone or the waters of the state in concentrations which pollute, or threaten to pollute, these waters. (B) The person does not comply with the board’s order or conduct the necessary removal or remedial actions, as required by paragraph (4). The regional board shall also issue a cease and desist order pursuant to Section 13301 of the Water Code and require appropriate removal and remedial actions by the person granted the exemption, or the responsible parties, to clean up any pollution which may have occurred, upon making either of these determinations. (c) Notwithstanding any other provision of law, a person shall not discharge any restricted hazardous waste into a surface impoundment, unless the person is granted an exemption pursuant to Section 25208.13 or 25208.16. (d) This section shall become operative on January 1, 1989. (Amended (as amended by Stats. 1985, Ch. 1366, Sec. 3) by Stats. 1988, Ch. 920, Sec. 3. Section operative January 1, 1989, by its own provisions.)
25208.5.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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This section generally bans discharging liquid hazardous waste or free-liquids hazardous waste into a surface impoundment unless specified liner, leachate, monitoring, or exemption 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.5. (a) Unless granted an exemption pursuant to subdivision (c) or Section 25208.13 or 25208.18, on or after January 1, 1989, no person shall discharge any liquid hazardous waste or hazardous wastes containing free liquids into a surface impoundment, unless the surface impoundment is double lined, as specified in subdivision (b), equipped with a leachate collection system, and groundwater monitoring is conducted, in accordance with the federal Resource Conservation and Recovery Act of 1976, the regulations and guidance documents adopted pursuant thereto, and the regulations adopted by the state board and the department. (b) Until the regulations and guidance documents specified in subdivision (a) relating to double liners for surface impoundments go into effect, the requirement of installing double liners in subdivision (a) may be satisfied by installing a top liner which is designed, operated, and constructed of materials to prevent the migration of any constituents into the top liner during the period the facility remains in operation, including any postclosure monitoring period, and by installing a lower liner which is designed, operated, and constructed to prevent the migration of any constituents through the lower liner during the same period, and is constructed of at least a three-foot thick layer of recompacted clay or other natural materials which have a permeability of not more than 1 x 10-7 centimeter per second. (c) A person may apply for an exemption from subdivision (a) for a surface impoundment for which construction had begun on or before July 1, 1984, and which was issued waste discharge requirements by filing an application with the regional board on or before January 1, 1986. The initial application for exemption shall include a completed hydrogeological assessment report which contains the accurate data and documentation specified in Section 25208.8. An application for renewal of an exemption shall include the report only if required by the regional board. If the regional board has not granted the exemption by June 30, 1988, the person shall then comply with the requirements specified in subdivision (a), except that if the regional board denies the application for exemption but determines that a reasonable person would have applied for an exemption, the regional board may temporarily exempt the applicant from subdivision (a), for up to one year from the date of the denial of the exemption, for the sole purpose of bringing the surface impoundment into compliance with subdivision (a). (d) The regional board may grant an exemption upon reviewing the application and making all of the following findings: (1) The applicant has fully complied with subdivision (c). (2) No hazardous waste constituents have migrated from the surface impoundment into the vadose zone or the waters of the state in concentrations which pollute or threaten to pollute the waters of the state. (3) Continuing the operation of the surface impoundment without the requirements specified in subdivision (a) does not pose a significant potential of hazardous waste constituents migrating from the surface impoundments into the vadose zone or the waters of the state, in concentrations which pollute or threaten to pollute the waters of the state. (e) If the regional board grants an exemption pursuant to subdivision (d), the regional board shall revise the waste discharge requirements prescribed pursuant to Section 13263 of the Water Code for that surface impoundment based upon a review of the report and shall include conditions in the waste discharge requirements to ensure that the waters of the state will not be threatened with pollution or polluted. (f) An exemption granted pursuant to subdivision (d) or (g) shall not be effective for more than five years. A regional board shall not renew the exemption unless the regional board makes the findings specified in subdivision (d). (g) If a regional board does not take any action by June 30, 1988, on a completed application for an exemption that was filed on or before January 1, 1986, the person who filed the application may file a request with the state board on or before July 31, 1988, to review the application. The state board shall deny or grant the exemption pursuant to the findings specified in subdivision (d) within four months after the request for review is filed, and, if the board grants the exemption, the state board shall revise the waste discharge requirements pursuant to subdivision (e). An exemption granted pursuant to this subdivision is subject to the requirements specified in subdivision (f). The state board shall act on an application for exemption on or before November 30, 1988. A person who files a request for a review of an application with the state board is exempt from subdivision (a) until the state board acts on the application, and, if the state board denies the exemption, the applicant is exempt from subdivision (a) for one year from the date of the denial of the exemption for the sole purpose of bringing the surface impoundment into compliance with subdivision (a). (h) Applications for an exemption or a renewal of an exemption shall be accompanied by the fee specified in the fee schedule adopted by the state board pursuant to Section 25208.3. (Amended by Stats. 1988, Ch. 920, Sec. 4.)
25208.6.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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If a regional board finds a surface impoundment is polluting or threatens pollution, it must order closure or require cleanup and compliance actions, and it may not grant an exemption.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.6. When a regional board determines that a surface impoundment is polluting, or threatens to pollute, the waters of the state or that hazardous waste constituents are migrating from that surface impoundment into the vadose zone or the waters of the state, in concentrations which pollute the vadose zone, or pollute, or threaten to pollute, the waters of the state, the regional board shall either order the surface impoundment to close, if the regional board determines that requiring the installation of double liners and a leachate collection system and the conducting of groundwater monitoring, as specified in subdivision (a) of Section 25208.5, does not provide reasonable assurance of protection against future migration into the vadose zone or the waters of the state, or take both of the following actions: (a) Issue a cease and desist order pursuant to Section 13301 of the Water Code prohibiting any discharge into the surface impoundment and require appropriate removal and remedial actions by the person or other responsible parties to clean up any pollution which may have occurred. (b) Require the surface impoundment to comply with subdivision (a) of Section 25208.5. The regional board shall not grant an exemption for such a surface impoundment pursuant to subdivision (c) of Section 25208.5. (Added by Stats. 1984, Ch. 1543, Sec. 2.)
25208.7.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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Regional boards must inspect surface-impoundment facilities yearly, review monitoring data as needed, and set up report-notification procedures for certain hazardous-waste dischargers.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.7. (a) The regional board shall make at least one inspection per year of all facilities with surface impoundments, and shall regularly review monitoring data, as necessary, to ensure that all surface impoundments comply with this article and that any equipment or programs required pursuant to this article are operating properly. (b) Except as provided in subdivisions (c) and (d), each regional board shall establish a schedule and a notification system requiring the submission of reports to the regional board on or before January 1, 1988, by every person discharging liquid hazardous wastes or hazardous wastes containing free liquids into a surface impoundment located within the jurisdiction of the regional board. Any person discharging liquid hazardous wastes or hazardous wastes containing free liquids into a surface impoundment who receives this notice from the regional board shall submit a report to the regional board within the time specified in the notice, except that if the person has filed a report with an application for exemption, pursuant to subdivision (c) of Section 25208.5, the regional board shall not require the person to file a report. (c) The regional board may require that the report specified in Section 25208.8 be filed by a person who has conducted a site assessment pursuant to subdivision (a) of Section 25208.17 only after the regional board makes the determination specified in subdivision (g) of Section 25208.17. (d) The regional board may exempt a person from submitting a report specified in Section 25208.8 if the person has ceased discharging into the surface impoundment, the person closed the surface impoundment on or before December 31, 1985, with the approval of the regional board and the department, and the board makes both of the following findings: (1) The report is not required to determine the extent to which the hazardous waste constituents have migrated from the surface impoundment. (2) No hazardous waste constituents are present in the vadose zone or the waters of the state beneath the surface impoundment in concentrations which pollute the vadose zone or threaten to pollute or pollute the waters of the state. (Amended by Stats. 1987, Ch. 748, Sec. 1.)
25208.8.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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Certain applicants or noticed persons must submit a hydrogeological assessment report to the regional board, and a qualified person must prepare and certify 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.8. A person who receives a notice from a regional board pursuant to Section 25208.7 or who files an application for an exemption pursuant to Section 25208.5 or 25208.13, shall submit a hydrogeological assessment report to the regional board. A qualified person shall be responsible for the preparation of the report and shall certify its completeness and accuracy. The report shall contain, for each surface impoundment, any information required by the state board or the regional board, and all of the following information: (a) A description of the surface impoundment, including its physical characteristics, its age, the presence or absence of a liner, a description of the liner, the liner’s compatibility with the hazardous wastes discharged to the impoundment, and the design specifications of the impoundment. (b) A description of the volume and concentration of hazardous waste constituents placed in the surface impoundment, based on a representative chemical analysis of the specific hazardous waste type and accounting for variance in hazardous waste constituents over time. (c) A map showing the distances, within the facility, to the nearest surface water bodies and springs, and the distances, within one mile from the facility’s perimeter, to the nearest surface water bodies and springs. (d) Tabular data for each surface water body and spring shown on the map specified in subdivision (c) that indicate its flow and a representative water analysis. The report shall include an evaluation and characterization of seasonal changes and, if substantive changes result from season to season, the tabular data shall reflect these seasonal changes. (e) A map showing the location of all wells within the facility and the locations of all wells within one mile of the facility’s perimeter. The report shall include, for each well, a description of the present use of the well, a representative water analysis from the well, and, when possible, the water well driller’s report or well log. (f) An analysis of the vertical and lateral extent of the perched water and water-bearing strata that could be affected by leachate from the surface impoundment, and the confining beds under and adjacent to the surface impoundment. This analysis shall include all of the following: (1) Maps showing contours of equal elevation of the water surface for perched water, unconfined water, and confined groundwater required to be analyzed by this subdivision. (2) An estimate of the groundwater flow, direction of the perched water, and all water-bearing strata on both the maps and the subsurface geologic cross sections. (3) An estimate of the transmissivity, permeability, and storage coefficient for each perched zone of water and water-bearing strata identified on the maps specified in paragraph (1). (4) A determination of the rate of groundwater flow. (5) A determination of the water quality of each zone of the water-bearing strata and perched water that is identified on the maps specified in paragraph (1) and is under, or adjacent to, the facility. This determination shall be conducted by taking samples either from upgradient of the surface impoundment or from another location that has not been affected by leakage from the surface impoundment. (g) An indication as to whether the groundwater is contiguous with regional bodies of groundwater and the depth measured to the groundwater, including the depth measured to perched water and water-bearing strata identified on the maps specified in paragraph (1) of subdivision (f). (h) The following climatological information: (1) A map showing the contours for the mean annual long-term precipitation for the surrounding region within 10 miles of the surface impoundment. (2) Calculations estimating the maximum 24-hour precipitation and maximum and minimum annual precipitation at the facility based upon direct measurement at the facility or upon measured values of precipitation from a nearby climatologically similar station. (3) The projected volume and pattern of runoff for any streams that, in a 100-year interval, could affect the facility, including peak stream discharges associated with storm conditions. (i) A description of the composition of the vadose zone beneath the surface impoundment. This description shall include a chemical and hydrogeological characterization of both the consolidated and unconsolidated rock material underlying the surface impoundment, and an analysis for pollutants, including those constituents discharged into the surface impoundment. This description shall also include soil moisture readings from a representative number of points around the surface impoundment’s perimeter and at the maximum depth of the surface impoundment. If the regional board determines that the use of suction type soil sampling devices is infeasible due to climate, soil hydraulics, or soil texture, the regional board may authorize the use of alternative devices. The report shall arrange all monitoring data in a tabular form so that the data, the constituents, and the concentrations are readily discernible. (j) A measurement of the chemical characteristics of the soil made by collecting a soil sample upgradient from the impoundment or from an area that has not been affected by seepage from the surface impoundment and is in a hydrogeologic environment similar to the surface impoundment. The measurement shall be analyzed for the same pollutants analyzed pursuant to subdivision (i). (k) A description of the existing monitoring being conducted to detect leachate, including vadose zone monitoring, the number and positioning of the monitoring wells, the monitoring wells’ distances from the surface impoundment, the monitoring wells’ design data, the monitoring wells’ installation, the monitoring development procedures, the sampling methodology, the sampling frequency, the chemical constituents analyzed, and the analytical methodology. The design data of the monitoring wells shall include the monitoring wells’ depth, the monitoring wells’ diameters, the monitoring wells’ casing materials, the perforated intervals within the well, the size of the perforations, the gradation of the filter pack, and the extent of the wells’ annular seals. (l) Documentation demonstrating that the monitoring system and methods used at the facility can detect any seepage before the hazardous waste constituents enter the waters of the state. This documentation shall include, but is not limited to, substantiation of each of the following: (1) The monitor wells are located close enough to the surface impoundment to identify lateral and vertical migration of any constituents discharged to the impoundment. (2) The monitoring wells are not located within the influence of any adjacent pumping wells that might impair their effectiveness. (3) The monitor wells are only screened in the aquifer to be monitored. (4) The chosen casing material does not interfere with, or react to, the potential contaminants of major concern at the facility. (5) The casing diameter allows an adequate amount of water to be removed during sampling and allows full development of the monitor well. (6) The annular seal prevents pollutants from migrating down the monitor well. (7) The methods of water sample collection require that the sample is collected after at least five well volumes have been removed from the well and that the samples are transported and handled in accordance with the United States Geological Survey’s “National Handbook of Recommended Methods for Water-Data Acquisition,” which provides guidelines for collection and analysis of groundwater samples for selected unstable constituents. If the wells are low-yield wells, in that the wells are incapable of yielding three well volumes during a 24-hour period, the methods of water sample collection shall ensure that a representative sample is obtained from the well. (8) The hazardous waste constituents selected for analysis are specific to the facility, taking into account the chemical composition of hazardous wastes previously placed in the surface impoundment. The monitoring data shall be arranged in tabular form so that the date, the constituents, and the concentrations are readily discernible. (9) The frequency of monitoring is sufficient to give timely warning of leachate so that remedial action can be taken prior to any adverse changes in the quality of the groundwater. (10) A written statement from the qualified person preparing the report indicating whether any constituents have migrated into the vadose zone, surface water bodies, perched water, or water-bearing strata. (11) A written statement from the qualified person preparing the report indicating whether any migration of leachate into the vadose zone, surface water bodies, perched water, or water-bearing strata is likely or not likely to occur within five years, and any evidence supporting that statement. (Amended by Stats. 2006, Ch. 538, Sec. 382. Effective January 1, 2007.)
25208.9.
## 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 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. )
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A person who must file a hydrogeological assessment report and does not file it can face daily civil liability, and a person who submits false information can face daily civil liability until corrected. Regional boards must send false reports to the appropriate licensing board for possible discipline.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.5. Surface Impoundments [25208 - 25208.17] ( Article 9.5 added by Stats. 1984, Ch. 1543, Sec. 2. ) ## 25208.9. (a) Notwithstanding Section 25189, any person who is required to file a hydrogeological assessment report with a regional board pursuant to Section 25208.7, and who fails to do so, shall be liable civilly in a sum of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) for each day the report has not been received. (b) Notwithstanding Section 25189, any person who submits false information to the regional board shall be liable civilly in a sum of not less than two thousand dollars ($2,000) and not more than twenty-five thousand dollars ($25,000) for each day the false information goes uncorrected. (c) In determining the amount of civil liability imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person. (d) A regional board shall submit any report that contains false information to the State Board for Geologists and Geophysicists for the purpose of disciplinary action pursuant to Section 7860 of the Business and Professions Code or to the Board for Professional Engineers and Land Surveyors for the purpose of taking disciplinary action pursuant to Section 6775 of the Business and Professions Code, as appropriate. (Amended by Stats. 1998, Ch. 59, Sec. 15. Effective January 1, 1999.)
25209.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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The Legislature says land treatment units should be made safe, or closed if needed, to protect 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209. The Legislature finds and declares as follows: (a) Hazardous waste discharged into land treatment units may migrate beyond the treatment zone of the land treatment unit and thereby threaten the public health and the environment and pose a serious threat to the quality of the waters of this state. (b) With the exception of land treatment units, all major forms of land disposal units are required by law to be equipped with liner and leachate collection and removal systems to ensure sufficient protection of the public health and safety and the environment and to protect the quality of the waters of this state. It is in the public interest to extend these requirements to include land treatment units. (c) It is the intent of the Legislature to establish a uniform and workable procedure for implementing requirements for liner and leachate collection and removal systems in all existing land treatment units, and replacements and lateral expansions of existing and new land treatment units, and to ensure that the vadose zone and groundwater beneath all land treatment units is adequately monitored to detect the presence of any contamination. Land treatment units in operation in this state must be made safe, or closed if necessary, to protect public health and safety and the environment, including the waters of the state. (Added by Stats. 1987, Ch. 1374, Sec. 1.)
25209.1.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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This section defines terms used for land treatment units and sets size limits for a treatment zone.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.1. For purposes of this article, the following definitions apply: (a) “Discharge” means to place or dispose hazardous wastes in a land treatment unit. (b) “Facility” has the meaning specified in Section 25117.1. (c) “Hazardous constituent” has the meaning specified in regulations adopted by the department. (d) “Hazardous waste” means a hazardous waste, as defined in Section 25117 and “non-RCRA hazardous waste” has the same meaning as defined in Section 25117. 9. (e) “Land treatment unit” means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface so that hazardous constituents are degraded, transformed, or immobilized within the treatment zone. A land treatment unit is a disposal unit if the waste will remain after closure. (f) “Potential source of drinking water” has the meaning specified in subdivision (s) of Section 25208.2. (g) “Treatment zone” means the portion of a land treatment unit including the soil surface, within which hazardous constituents are degraded, transformed, or immobilized. A treatment zone may not extend more than five feet from the initial soil surface and the base of the treatment zone shall be a minimum of five feet above the highest anticipated elevation of the water table. (h) “Vadose zone” means the unsaturated zone outside the treatment zone and between the land surface and the water table. (i) “Waste management unit” has the meaning specified in the regulations adopted by the department. (Amended by Stats. 1990, Ch. 1686, Sec. 10.)
25209.10.
## 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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The Legislature states findings about agricultural salt and selenium buildup, drainage impacts, and the state policy of conserving water and minimizing environmental harm, including encouraging voluntary integrated on-farm drainage management.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.10. The Legislature finds and declares all of the following: (a) The long-term economic and environmental sustainability of agriculture is critical to the future of the state, and it is in the interest of the state to enact policies that enhance that sustainability. (b) High levels of salt and selenium are present in many soils in the state as a result of both natural occurrences and irrigation practices that concentrate their presence in soils. (c) The buildup of salt and selenium in agricultural soil is an unsustainable practice that degrades soil, harms an irreplaceable natural resource, reduces crop yields and farm income, and poses threats to wildlife. (d) Salt and selenium buildup can degrade groundwater, especially in areas with perched groundwater aquifers. (e) Off-farm drainage of irrigation water with high levels of salt and selenium degrades rivers and waterways, particularly the San Joaquin River and its tributaries. This environmental damage presents a clear and imminent danger that warrants immediate action to prevent or mitigate harm to public health and the environment. (f) Discharge of agricultural drainage water to manmade drains and ponds has resulted in environmental damage, including damage to wildlife. Proposals to discharge agricultural drainage to natural water bodies, including the San Francisco Bay, are extremely expensive and pose threats to the environmental quality of those water bodies. (g) Water supplies for agricultural irrigation have been reduced significantly in recent years, necessitating increased efforts to use water more efficiently. (h) Although salt can be collected and managed as a commercial farm commodity, California currently imports salt from other countries. (i) Integrated on-farm drainage management is a sustainable system of managing salt-laden farm drainage water. Integrated on-farm drainage management is designed to eliminate the need for off-farm drainage of irrigation water, prevent the on-farm movement of irrigation and drainage water to groundwater, restore and enhance the productive value of degraded farmland by removing salt and selenium from the soil, conserve water by reducing the demand for irrigation water, and create the potential to convert salt from a waste product and pollutant to a commercial farm commodity. (j) Although integrated on-farm drainage management facilities are designed and operated expressly to prevent threats to groundwater and wildlife, these facilities currently may be classified as surface impoundments pursuant to the Toxic Pits Act of 1984, which discourages farmers from using them as an environmentally preferable means of managing agricultural drainage water. (k) It is the policy of the state to conserve water and to minimize the environmental impacts of agricultural drainage. It is therefore in the interest of the state to encourage the voluntary implementation of sustainable farming and irrigation practices, including, but not limited to, integrated on-farm drainage management, as a means of improving environmental protection, conserving water, restoring degraded soils, and enhancing the economic productivity of farms. (Added by Stats. 2002, Ch. 597, Sec. 2. Effective January 1, 2003.)
25209.11.
## 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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This section defines key terms used in the article on integrated on-farm drainage management.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.11. For purposes of this article, the following terms have the following meanings: (a) “Agricultural drainage water” means surface drainage water or percolated irrigation water that is collected by subsurface drainage tiles placed beneath an agricultural field. (b) “On-farm” means land within the boundaries of a property or geographically contiguous properties, owned or under the control of a single owner or operator or a publicly organized land-based agency, that is used for the commercial production of agricultural commodities and that contains an integrated on-farm drainage management system and a solar evaporator. (c) “Integrated on-farm drainage management system” means a facility for the on-farm management of agricultural drainage water that does all of the following: (1) Reduces levels of salt and selenium in soil by the application of irrigation water to agricultural fields. (2) Collects agricultural drainage water from irrigated fields and sequentially reuses that water to irrigate successive crops until the volume of residual agricultural drainage water is substantially decreased and its salt content significantly increased. (3) Discharges the residual agricultural drainage water to an on-farm solar evaporator for evaporation and appropriate salt management. (4) Eliminates discharge of agricultural drainage water to evaporation ponds and outside the boundaries of the property or properties that produces the agricultural drainage water and that is served by the integrated on-farm drainage management system and the solar evaporator. (d) “Publicly organized land-based agency” means a resource conservation district, as described in Division 9 (commencing with Section 9001) of the Public Resources Code, an irrigation district, as described in Division 11 (commencing with Section 20500) of the Water Code, any other district established pursuant to the Water Code whose operations may include managing agricultural irrigation or drainage, or a joint powers authority formed for the purpose of managing agricultural drainage or salt. (e) “Regional board” means a California regional water quality control board. (f) “Solar evaporator” means an on-farm area of land and its associated equipment that meets all of the following conditions: (1) It is designed and operated to manage agricultural drainage water discharged from the integrated on-farm drainage management system. (2) The area of the land that makes up the solar evaporator is equal to, or less than, 2 percent of the area of the land that is managed by the integrated on-farm drainage management system. (3) Agricultural drainage water from the integrated on-farm drainage management system is discharged to the solar evaporator by timed sprinklers or other equipment that allows the discharge rate to be set and adjusted as necessary to avoid standing water within the solar evaporator or, if a water catchment basin is part of the solar evaporator, within that portion of the solar evaporator that is outside the basin. (4) The combination of the rate of discharge of agricultural drainage water to the solar evaporator and subsurface tile drainage under the solar evaporator provides adequate assurance that constituents in the agricultural drainage water will not migrate from the solar evaporator into the vadose zone or waters of the state in concentrations that pollute or threaten to pollute the waters of the state. (g) “State board” means the State Water Resources Control Board. (h) “Water catchment basin” means an area within the boundaries of a solar evaporator that is designated to receive and hold any water that might otherwise be standing water within the solar evaporator. The entire area of a water catchment basin shall be permanently and continuously covered with netting, or otherwise designed, constructed, and operated to prevent access by avian wildlife to standing water within the basin. (Amended by Stats. 2006, Ch. 309, Sec. 1. Effective January 1, 2007.)
25209.12.
## 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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The state board must adopt emergency regulations setting minimum requirements for solar evaporators, including drainage, nuisance, wildlife, groundwater, and salt-handling protections.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.12. The state board, in consultation, as necessary, with other appropriate state agencies, shall adopt or amend emergency regulations that establish minimum requirements for the design, construction, operation, and closure of a solar evaporator. The regulations shall include, but are not limited to, requirements to ensure all of the following: (a) The operation of a solar evaporator does not result in a discharge of on-farm agricultural drainage water outside the boundaries of the area of land that makes up the solar evaporator. (b) (1) The solar evaporator is designed, constructed, and operated so that, under reasonably forseeable operating conditions, the discharge of agricultural water to the solar evaporator does not result in standing water or drift of salt spray, mist, or particles outside the boundaries of the solar evaporator to the extent that drift constitutes a nuisance condition. (2) Notwithstanding paragraph (1), a solar evaporator may be designed, constructed, and operated to accommodate standing water, if it includes a water catchment basin. (3) The board may specify those conditions under which a solar evaporator is required to include a water catchment basin to prevent standing water that would otherwise occur within the solar evaporator. (c) Avian wildlife is adequately protected. In adopting regulations pursuant to this subdivision, the state board shall do the following: (1) Consider and, to the extent feasible, incorporate best management practices recommended or adopted by the United States Fish and Wildlife Service. (2) Establish guidelines for the authorized inspection of a solar evaporator by the regional board pursuant to Section 25209.15. The guidelines shall include technical advice developed in consultation with the Department of Fish and Game and the United States Fish and Wildlife Service that may be used by regional board personnel to identify observed conditions relating to the operation of a solar evaporator that indicate an unreasonable threat to avian wildlife. (d) Constituents in agricultural drainage water discharged to the solar evaporator will not migrate from the solar evaporator into the vadose zone or the waters of the state in concentrations that pollute or threaten to pollute the waters of the state. (e) Adequate groundwater monitoring and recordkeeping is performed to ensure compliance with this article. (f) Salt isolated in a solar evaporator shall be managed in accordance with all applicable laws and shall eventually be harvested and sold for commercial purposes, used for beneficial purposes, or stored or disposed in a facility authorized to accept that waste pursuant to this chapter or Division 30 (commencing with Section 40000) of the Public Resources Code. (Amended by Stats. 2006, Ch. 309, Sec. 2. Effective January 1, 2007.)
25209.13.
## 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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Before installing a solar evaporator, the operator must file a notice of intent with the regional board, and the board must inspect, respond, and issue operating authority within set time 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.13. (a) A person who intends to operate a solar evaporator shall, before installing the solar evaporator, file a notice of intent with the regional board, using a form prepared by the regional board. The form shall require the person to provide all of the following: (1) The location of the solar evaporator. (2) The design of the solar evaporator and the equipment that will be used to operate it. (3) The maximum anticipated rate at which agricultural drainage water will be discharged to the solar evaporator. (4) The anticipated rate of accumulation of evaporite salt in the solar evaporator and the anticipated period of time before the salt needs to be removed to ensure the continued effective operation of the evaporator. (5) Plans for operating the solar evaporator in compliance with this article, including a plan to collect and remove evaporite salt to ensure the continued effective operation of the evaporator. (6) Groundwater monitoring data that are adequate to establish baseline data for use in comparing subsequent data submitted by the operator pursuant to this article. (7) Weather data and a water balance analysis sufficient to assess the likelihood of standing water occurring within the solar evaporator. (8) A brief description of any documents or reports required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), with the appropriate document or report, if required, included as an attachment to the form. (9) Any other information required or authorized by regulation. (b) The regional board shall, within 30 calendar days after receiving the notice submitted pursuant to subdivision (a), review the notice of intent for its completeness, inspect, if necessary, the site where the proposed solar evaporator will be located, and notify the operator of whether the notice of intent is complete. If the regional board determines that the notice of intent is not complete, the regional board shall issue a written response to the applicant identifying the reason why it is not complete. If the regional board determines that the notice of intent is complete, the regional board shall notify the operator in writing that the notice of intent is complete. (c) A person who receives a written notice of completeness pursuant to subdivision (b) shall, before operating the installed solar evaporator, request the regional board to conduct a compliance inspection of the solar evaporator. Within 30 days after receiving a request, the regional board shall inspect the solar evaporator to determine whether it complies with this article. If the regional board finds that the solar evaporator does not comply with this article, the regional board, within 140 days after the inspection, shall issue a written response to the applicant identifying the reasons for noncompliance. Except as provided in subdivision (e), if the regional board finds that the solar evaporator complies with the requirements of this article, the regional board, within 30 days after the inspection, shall issue a written notice of authority to operate to the operator of the solar evaporator. The regional board may include in the authority to operate any associated condition that the regional board deems necessary to ensure compliance with the purposes and requirements of this article. (d) A person shall not commence the operation of a solar evaporator before one of the following occurs: (1) The person receives a written notice of authority to operate the solar evaporator pursuant to this section. (2) The expiration of 140 days after the solar evaporator is inspected pursuant to subdivision (c), and the person has not received a written response from the regional board, identifying reasons for noncompliance. (e) The regional board shall review an authority to operate issued by the regional board pursuant to this section every five years. The regional board shall renew the authority to operate, unless the regional board finds that the operator of the solar evaporator has not demonstrated compliance with the requirements of this article. (Amended by Stats. 2006, Ch. 309, Sec. 3. Effective January 1, 2007.)
25209.14.
## 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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Operators of solar evaporators must send specified water and groundwater monitoring data to the regional board every April and October.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.14. (a) A person operating a solar evaporator shall submit to the regional board, in April and October of every year, all of the following information: (1) Bimonthly waterflow data taken immediately prior to discharge to the solar evaporator. (2) Bimonthly water quality data, as required by the regional board, taken immediately prior to discharge to the solar evaporator. (3) Semiannual groundwater monitoring data taken from an area in the vicinity of the solar evaporator, as approved by the regional board. Groundwater shall be monitored for salts, selenium, and other elements, as determined by the board, that could adversely affect avian wildlife or beneficial uses of adjacent groundwater. (b) Notwithstanding subdivision (a), the regional board may do either of the following regarding data collected pursuant to paragraphs (1) and (2) of subdivision (a): (1) Reduce the data collection schedule two years after data is submitted pursuant to subdivision (a), if the regional board determines that discharge to the solar evaporator has been adequately characterized. (2) Increase the data collection schedule, if the regional board determines that changes in monitoring results or other changes in the operation of the solar evaporator require more frequent data collection. (Amended by Stats. 2006, Ch. 309, Sec. 4. Effective January 1, 2007.)
25209.15.
## 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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The regional board must inspect covered solar evaporators at least every five years and, if it finds noncompliance, notify the operator in writing and explain why.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.15. (a) The regional board, consistent with its existing statutory authority, shall inspect any solar evaporator that is authorized to operate pursuant to Section 25209.13 at least once every five years to ensure continued compliance with the requirements of this article. In conducting any inspection, the regional board may request the participation of a qualified state or federal avian biologist in a technical advisory capacity. The regional board shall include in the inspection report conducted pursuant to this section any evidence of adverse impacts on avian wildlife and shall forward the report to the appropriate state and federal agencies. (b) If the regional board, as a result of an inspection or review conducted pursuant to this article, determines that a solar evaporator is not in compliance with the requirements of this article, the regional board shall provide written notice to the operator of the solar evaporator of that failure, and shall include in that written notice the reasons for that determination. (c) Chapter 5 (commencing with Section 13300) of, and Chapter 5.8 (commencing with Section 13399) of, Division 7 of the Water Code apply to any failure to comply with the requirements of this article and to any action, or failure to act, by the state board or a regional board. The regional board may, consistent with Section 13223 of the Water Code, revoke or modify an authorization to operate issued pursuant to this article. (Added by Stats. 2002, Ch. 597, Sec. 2. Effective January 1, 2003.)
25209.16.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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Emergency regulations adopted or amended by the state board under this article must be filed with the Office of Administrative Law and stay in effect until the state board repeals them.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.16. (a) For the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including Section 11349.6 of the Government Code, the adoption or amendment of the regulations required to be adopted pursuant to this article 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. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted or amended by the state board pursuant to this article shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until repealed by the state board. (Amended by Stats. 2006, Ch. 309, Sec. 5. Effective January 1, 2007.)
25209.17.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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A qualifying solar evaporator is exempt from Article 9.5 and certain Water Code sections, and the regional board must revise or rescind related requirements after finding compliance.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.17. Any solar evaporator operating under a valid written notice of authority to operate issued by the regional board pursuant to this article, including any facility operating pursuant to Article 9.5 (commencing with Section 25208) prior to January 1, 2003, that the regional board determines is in compliance with the requirements of this article, is not subject to Article 9.5 (commencing with Section 25208) or Sections 13260 or 13263 of the Water Code. Upon determining pursuant to this section that a facility is a solar evaporator in compliance with this article, the regional board shall, as appropriate, revise or rescind any waste discharge requirements or other requirements imposed on the operator of the facility pursuant to Article 9.5 (commencing with Section 25208) or Section 13260 or 13263 of the Water Code. (Added by Stats. 2002, Ch. 597, Sec. 2. Effective January 1, 2003.)
25209.18.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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Operators of solar evaporators must manage evaporite salt collection and removal under the plan and related section requirements; the regional board must give written notice and reasons if it requires a different timing or method; the operator may appeal and must include an engineer-prepared 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 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.18. (a) A person operating a solar evaporator pursuant to a valid notice of authority to operate shall, consistent with subdivision (f) of Section 25209.12, manage the collection and removal of evaporite salt from the solar evaporator as described in the plan prepared pursuant to paragraph (5) of subdivision (a) of Section 25209.13. (b) If the regional board subsequently determines that accumulated salt needs to be collected and removed from a solar evaporator at a time, or in a manner, that differs from the plan prepared pursuant to paragraph (5) of subdivision (a) of Section 25209.13, the regional board shall notify the operator in writing and describe the reasons for its determination. (c) An operator of a solar evaporator who receives a notice pursuant to subdivision (b) may appeal the determination of the regional board. The appeal shall include a response, prepared by an independent registered professional civil engineer or agricultural engineer, to the findings in the notice. (Added by Stats. 2006, Ch. 309, Sec. 6. Effective January 1, 2007.)
25209.19.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. )
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An aggrieved person may ask the state board to review a regional board action or failure to act, but must do so within 30 days.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.7. Integrated On-Farm Drainage Management [25209.10 - 25209.19] ( Article 9.7 added by Stats. 2002, Ch. 597, Sec. 2. ) ## 25209.19. Within 30 days of an action or failure to act by a regional board pursuant to this article, an aggrieved person may petition the state board to review that action or failure to act. The petition and all other rules and procedures governing the petition shall be the same as in Section 13320 of the Water Code. (Added by Stats. 2006, Ch. 309, Sec. 7. Effective January 1, 2007.)
25209.2.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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Hazardous waste generally may not be discharged into certain land treatment units unless an exception, variance, or 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.2. (a) Except as provided in Section 25209.5, unless granted a variance pursuant to subdivision (b), or exempted pursuant to Section 25209.6, no person shall discharge hazardous waste into a new land treatment unit at a new or existing facility, any land treatment unit which replaces an existing land treatment unit, or any laterally expanded portion of an existing land treatment unit that has not been equipped with liners, a leachate collection and removal system, a groundwater monitoring system, and a vadose zone monitoring system which satisfy the requirements of Section 25209.5. (b) The department may grant a variance from the requirements of subdivision (a) and Section 25209.3, concerning equipping the land treatment unit with liners and a leachate collection and removal system, if the owner or operator demonstrates to the department and the department finds all of the following: (1) If the land treatment unit is an existing land treatment unit, no hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state. In making this demonstration the owner or operator shall take a sufficient number of core samples in, beneath, and surrounding the treatment zone of the land treatment unit to characterize the chemical constituents in the treatment zone, in the immediate area of the vadose zone surrounding the treatment zone, and in the area of the vadose zone beneath the treatment zone and shall submit groundwater monitoring data sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the state. The owner or operator, as an alternative to taking these core samples, may use the data obtained from any land treatment demonstration required by the department before issuing a hazardous waste facilities permit pursuant to Section 25200, if the data were obtained not more than two years prior to the application for the variance and is sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the state. (2) Notwithstanding the date that the land treatment unit commences operations, the design and operating practices will prevent the migration of hazardous constituents from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state. (3) Notwithstanding the date that the land treatment unit commences operations, the design and operating practices provide for rapid detection and removal or remediation of any hazardous constituents that migrate from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state. (c) (1) The department may renew a variance only in those cases where an owner or operator can demonstrate, and the department finds, both of the following: (A) No hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state. (B) Continuing the operation of the land treatment unit does not pose a significant potential of hazardous constituents migrating from the land treatment unit into the vadose zone or into the waters of the state. (2) In making the demonstration for the renewal of a variance pursuant to this subdivision, the owner or operator may use field tests, laboratory analyses, or, operating data. (d) A variance, or a renewal of a variance, may be issued for a period not to exceed three years. (e) Except for the exemption from vadose zone monitoring requirements specified in Section 25209.5, neither the requirements of this article nor the variance provisions of subdivision (b) shall relieve the owner or operator from responsibility to comply with all other existing laws and regulations pertinent to land treatment units. (Amended by Stats. 1990, Ch. 1686, Sec. 11.)
25209.3.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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After January 1, 1990, no person may discharge hazardous waste into an unlined or otherwise noncompliant land treatment unit, unless an 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.3. Except as provided in Section 25209.5, after January 1, 1990, unless granted a variance pursuant to subdivision (b) of Section 25209.2, or exempted pursuant to Section 25209.6, no person shall discharge hazardous waste into a land treatment unit which has not been equipped with liners, a leachate collection and removal system, a groundwater monitoring system, and a vadose zone monitoring system which satisfy the requirements of Section 25209.5. (Amended by Stats. 1988, Ch. 1632, Sec. 23.)
25209.4.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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Hazardous waste generally may not be placed in a land treatment unit if specified contamination or migration conditions exist, and the unit owner or operator must report, stop operating, and take corrective actions when those conditions are found.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.4. (a) Except as provided in Section 25209.6, no person shall place or dispose of hazardous waste in a land treatment unit if any of the following conditions exist: (1) Hazardous constituents have migrated from the land treatment unit into the vadose zone beneath or surrounding the treatment zone or into the waters beneath or surrounding the treatment zone. (2) There is evidence that a hazardous constituent in the waste discharged to the land treatment unit has not been or will not be completely degraded, transformed, or immobilized in the treatment zone. (3) There is a significant potential for hazardous constituents to migrate from the land treatment unit into a potential source of drinking water. (b) The owner or operator of a land treatment unit shall do all of the following: (1) Periodically, at the request of the department, and at least annually, submit information the department may require in order to evaluate whether the conditions set forth in paragraph (1) or (2) of subdivision (a) are not present. The information to be submitted to the department shall include, but is not limited to, a sufficient number of soil core samples in, beneath, and surrounding the treatment zone of the land treatment unit to detect any hazardous constituents which may have migrated from the treatment zone. The department may adopt regulations requiring additional or more frequent testing. (2) Within 72 hours of detecting and confirming the existence of either of the conditions identified in paragraph (1) or (2) of subdivision (a), or the presence of factors that render the owner or operator unable to continue satisfying the variance requirements of subdivision (b) of Section 25209.2, report to the department describing the full extent of the owner’s or operator’s findings. (c) Upon receiving notice pursuant to paragraph (2) of subdivision (b), or upon the independent confirmation by the department, the department shall order the owner or operator to cease operating the land treatment unit. The owner or operator shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken: (1) The owner or operator completes appropriate removal or remedial actions to the satisfaction of the department and the owner or operator submits to the department, and the department approves, an application for a permit or variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, if the owner or operator has not previously submitted an application for a permit or variance modification pursuant to this paragraph. (2) The owner or operator completes appropriate removal or remedial actions and equips the land treatment unit with liners, leachate collection and removal systems, a groundwater monitoring system, and a vadose zone monitoring system that satisfy the requirements of Section 25209.5, if the land treatment unit has not already been equipped with these systems. (d) All actions taken by an owner or operator pursuant to paragraph (1) or (2) of subdivision (c) shall be completed within a time period specified by the department, which shall not exceed 18 months after the department receives notice pursuant to subdivision (c). If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the department due to exceptional circumstances beyond the control of the owner and operator. (Amended by Stats. 1989, Ch. 1436, Sec. 31. Effective October 2, 1989.)
25209.5.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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Some land treatment unit owners or operators are exempt from vadose zone monitoring if they handle only non-RCRA hazardous waste and have qualifying liner, leachate collection and removal, and groundwater monitoring systems.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.5. The liner, leachate collection and removal, groundwater monitoring, and vadose zone monitoring systems required by Sections 25209.2, 25209.3, and 25209.4 shall be designed, constructed, and operated according to regulations adopted by the department and State Water Resources Control Board regulations and standards for liner, leachate collection and removal, groundwater monitoring, and vadose zone monitoring systems for class I hazardous waste landfills, to the extent those regulations and standards are not less stringent than the regulations and standards of the department. Owners or operators of land treatment units which have treated and will treat solely non-RCRA hazardous waste and which are equipped with liners, leachate collection and removal systems, and a groundwater monitoring system that satisfy the requirements of this section shall not be required to perform vadose zone monitoring. (Amended by Stats. 1988, Ch. 1632, Sec. 25.)
25209.6.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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Certain land treatment of excavated soil contaminated only with non-RCRA hazardous waste is exempt from Sections 25209.2, 25209.3, and 25209.4 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.6. Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous substance release site is exempt from the requirements of Sections 25209.2, 25209.3, and 25209.4, if all of the following apply: (a) The department determines that the land treatment does not pose a threat to public health or safety or the environment. (b) The land treatment is conducted pursuant to a plan approved by the department or a cleanup and abatement order issued by a regional water quality control board. (c) The land treatment is not conducted at an offsite commercial hazardous waste facility. (d) The land treatment is used only for purposes of removal or remedial action and, upon completion of the land treatment portion of the removal or remedial action, the land treatment unit is closed. (Amended by Stats. 1988, Ch. 1632, Sec. 26.)
25209.7.
## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. )
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Owners or operators of land treatment units covered by this article must pay an annual fee to the department, set at 2% of the land disposal fee due under Section 25205.4.

## 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 9.6. Land Treatment Units [25209 - 25209.7] ( Article 9.6 added by Stats. 1987, Ch. 1374, Sec. 1. ) ## 25209.7. (a) Every owner or operator of a land treatment unit subject to this article shall pay an annual fee to the department which shall be equivalent to 2 percent of the land disposal fee due under Section 25205.4. This fee shall be in addition to the annual hazardous waste facility fee and shall be due at the same time as the facility fee. (b) The department may, by regulation, increase or decrease the amount of the fees specified in subdivision (a) if the department finds that the amounts charged do not reflect the cost of providing services under this article. (Amended by Stats. 1997, Ch. 870, Sec. 33. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
25210.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10. Prohibited Chemicals [25210 - 25210.2] ( Article 10 added by Stats. 1977, Ch. 1039. )
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It is unlawful from January 1, 1979, to use a nonbiodegradable toxic chemical in certain toilets, recreational vehicles, or vessel waste facilities, and to sell such a chemical in a container indicating those uses. The department must also adopt regulations defining the chemicals and sale limits by June 1, 1978.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10. Prohibited Chemicals [25210 - 25210.2] ( Article 10 added by Stats. 1977, Ch. 1039. ) ## 25210. It shall be unlawful, on or after January 1, 1979, to use a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code, and it shall be unlawful on or after January 1, 1979, to sell a nonbiodegradable toxic chemical in a container which indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code. The department shall develop and adopt regulations to define nonbiodegradable toxic chemicals and limitations on the sale thereof by June 1, 1978. (Added by Stats. 1977, Ch. 1039.)
25210.1.
## 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 10. Prohibited Chemicals [25210 - 25210.2] ( Article 10 added by Stats. 1977, Ch. 1039. )
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This section defines certain chemicals and bans anyone from using or selling products containing them for cleaning or unclogging sewage disposal systems after July 1, 1988.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10. Prohibited Chemicals [25210 - 25210.2] ( Article 10 added by Stats. 1977, Ch. 1039. ) ## 25210.1. (a) For purposes of this section, the following definitions shall apply: (1) “Halocarbon chemicals” means chemical compounds which contain carbon, and one or more halogens, and which may include hydrogen, including, but not limited to, trichloroethane, tetrachloroethylene, methylene chloride, halogenated benzenes, and carbon tetrachloride. (2) “Aromatic hydrocarbon chemicals” means chemical compounds containing carbon and hydrogen and at least one six-carbon ring containing double bonds, including, but not limited to, benzene, toluene, and napthalene. (3) “Sewage disposal system” means a septic tank, cesspool, sewage seepage pit, leachline, or other structure into which sewage is drained for purposes of disposal and which is not connected to a municipal treatment works. (b) On and after July 1, 1988, no person shall use any product containing halocarbon chemicals or aromatic hydrocarbon chemicals for the purposes of cleaning or unclogging a sewage disposal system. (c) On and after July 1, 1988, no person shall sell any product containing halocarbon chemicals or aromatic hydrocarbon chemicals in a container which indicates that the product may be used for the purposes of cleaning or unclogging a sewage disposal system. The department may adopt regulations regarding the sales of these products for the purposes of this subdivision. (Added by Stats. 1987, Ch. 874, Sec. 1.)
25210.10.
## 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 10.02. Lighting Toxics Reduction [25210.9 - 25210.12] ( Article 10.02 added by Stats. 2007, Ch. 534, Sec. 3. )
Verify source ↗

This section defines “general purpose lights” and excludes certain specialty lights and special-needs lighting from that term.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.02. Lighting Toxics Reduction [25210.9 - 25210.12] ( Article 10.02 added by Stats. 2007, Ch. 534, Sec. 3. ) ## 25210.10. (a) For purposes of this article, “general purpose lights” means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use. (b) General purpose lights do not include any of the following specialty lighting: appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant. (c) General purpose lights do not include lights needed to provide special-needs lighting for individuals with exceptional needs. (Added by Stats. 2007, Ch. 534, Sec. 3. Effective January 1, 2008.)
25210.12.
## 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 10.02. Lighting Toxics Reduction [25210.9 - 25210.12] ( Article 10.02 added by Stats. 2007, Ch. 534, Sec. 3. )
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A person who violates this article is not subject to criminal penalties under Article 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 10.02. Lighting Toxics Reduction [25210.9 - 25210.12] ( Article 10.02 added by Stats. 2007, Ch. 534, Sec. 3. ) ## 25210.12. Notwithstanding Article 8 (commencing with Section 25180), a person who violates this article shall not be subject to any criminal penalties imposed pursuant to Article 8 (commencing with Section 25180). (Added by Stats. 2007, Ch. 534, Sec. 3. Effective January 1, 2008.)
25210.2.
## 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 10. Prohibited Chemicals [25210 - 25210.2] ( Article 10 added by Stats. 1977, Ch. 1039. )
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This section bans selling or using certain chemical products in RV holding tanks or related waste systems, requires warning notices at some RV parks and campgrounds, and directs the water board to investigate detection methods if funded.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10. Prohibited Chemicals [25210 - 25210.2] ( Article 10 added by Stats. 1977, Ch. 1039. ) ## 25210.2. (a) It is unlawful to sell or distribute in commerce a product that contains bronopol, dowicil, formalin, formaldehyde, glutaraldehyde, paraformaldehyde, para-dichlorobenzene, benzene, toluene, xylene, ethylene glycol, 1,1,1-trichloroethane, trichloroethylene, or perchloroethylene in a container that indicates that the product is suitable for use in a holding tank or other portion of a waste facility of a recreational vehicle. (b) It is unlawful to use a product that contains bronopol, dowicil, formalin, formaldehyde, glutaraldehyde, paraformaldehyde, para-dichlorobenzene, benzene, toluene, xylene, ethylene glycol, 1,1,1-trichloroethane, trichloroethylene, or perchloroethylene in a holding tank or other portion of a waste facility of a recreational vehicle or of a campground chemical toilet that discharges to a septic system, onsite wastewater treatment system, or subsurface disposal system. (c) To the extent that funding is made available, the State Water Resources Control Board shall investigate methods to detect and quantify concentrations of chemical toilet deodorants, including bronopol, dowicil, formalin, formaldehyde, glutaraldehyde, paraformaldehyde, para-dichlorobenzene, benzene, toluene, xylene, ethylene glycol, 1,1,1-trichloroethane, trichloroethylene, or perchloroethylene, in a septic system, onsite wastewater treatment system, or subsurface disposal system that may inhibit biological treatment processes or result in degradation of groundwater quality. (d) (1) An owner or operator of a recreational vehicle park or campground that utilizes a septic system, onsite wastewater treatment system, or subsurface disposal system to dispose of recreational vehicle wastewater shall post in a conspicuous location a notice stating the following: “The State of California prohibits the use of products in RV holding tanks, including deodorizers, that contain bronopol, dowicil, formalin, formaldehyde, glutaraldehyde, paraformaldehyde, para-dichlorobenzene, benzene, toluene, xylene, ethylene glycol, 1,1,1-trichloroethane, trichloroethylene, or perchloroethylene. These chemicals can inhibit biological activity in onsite wastewater treatment systems and threaten groundwater and drinking water wells, and are strictly forbidden. Please use bacteria- or enzyme-based products.” (2) The State Water Resources Control Board or a regional water quality control board shall require an owner or operator described in paragraph (1) to certify compliance with paragraph (1) as part of any waste discharge requirement, or as a condition of a waiver of a waste discharge requirement, issued pursuant to Division 7 (commencing with Section 13000) of the Water Code. (e) Enforcement of subdivisions (a), (b), and (d) is contingent upon an appropriation by the Legislature for purposes of enforcing those requirements. (f) This section shall become operative on January 1, 2022. (Added by Stats. 2019, Ch. 367, Sec. 1. (SB 317) Effective January 1, 2020. Operative January 1, 2022, by its own provisions.)
25210.5.
## 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 10.01. Management of Perchlorate [25210.5 - 25210.7] ( Article 10.01 added by Stats. 2003, Ch. 608, Sec. 3. )
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This section defines “management,” “perchlorate,” and “perchlorate material” for the 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 10.01. Management of Perchlorate [25210.5 - 25210.7] ( Article 10.01 added by Stats. 2003, Ch. 608, Sec. 3. ) ## 25210.5. For purposes of this article, the following definitions shall apply: (a) Notwithstanding Section 25117.2, “management” means disposal, storage, packaging, processing, pumping, recovery, recycling, transportation, transfer, treatment, use, and reuse. (b) “Perchlorate” means all perchlorate-containing compounds. (c) “Perchlorate material” means perchlorate and all perchlorate-containing substances, including, but not limited to, waste perchlorate and perchlorate-containing waste. (Added by Stats. 2003, Ch. 608, Sec. 3. Effective January 1, 2004.)
25210.6.
## 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 10.01. Management of Perchlorate [25210.5 - 25210.7] ( Article 10.01 added by Stats. 2003, Ch. 608, Sec. 3. )
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The department must adopt perchlorate management regulations by December 31, 2005, after consulting specified agencies and reviewing existing laws; it may also run outreach.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.01. Management of Perchlorate [25210.5 - 25210.7] ( Article 10.01 added by Stats. 2003, Ch. 608, Sec. 3. ) ## 25210.6. (a) On or before December 31, 2005, the department shall adopt regulations specifying the best management practices for a person managing perchlorate materials. These practices may include, but are not limited to, all of the following: (1) Procedures for documenting the amount of perchlorate materials managed by the facility. (2) Management practices necessary to prevent releases of perchlorate materials, including, but not limited to, containment standards, usage, processing and transferring practices, and spill response procedures. (b) (1) The department shall consult with the State Air Resources Board, the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Office of Emergency Services, the State Fire Marshal, and the California certified unified program agencies forum before adopting regulations pursuant to subdivision (a). (2) The department shall also, before adopting regulations pursuant to subdivision (a), review existing federal, state, and local laws governing the management of perchlorate materials to determine the degree to which uniform and adequate requirements already exist, so as to avoid any unnecessary duplication of, or interference with the application of, those existing requirements. (3) In adopting regulations pursuant to subdivision (a), the department shall ensure that those regulations are at least as stringent as, and to the extent practical consistent with, the existing requirements of Chapter 6.95 (commencing with Section 25500) and the California Fire Code governing the management of perchlorate materials. (c) The regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department. (d) The department may implement an outreach effort to educate persons who manage perchlorate materials concerning the regulations promulgated pursuant to subdivision (a). (Amended by Stats. 2013, Ch. 352, Sec. 349. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
25210.7.
## 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 10.01. Management of Perchlorate [25210.5 - 25210.7] ( Article 10.01 added by Stats. 2003, Ch. 608, Sec. 3. )
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After the department’s regulations take effect, a person must not manage perchlorate materials unless the management follows the best management practices in those 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 10.01. Management of Perchlorate [25210.5 - 25210.7] ( Article 10.01 added by Stats. 2003, Ch. 608, Sec. 3. ) ## 25210.7. On and after the effective date of the regulations adopted by the department pursuant to Section 25210.6, a person may not manage perchlorate materials unless the management complies with the best management practices specified in the regulations adopted by the department. (Added by Stats. 2003, Ch. 608, Sec. 3. Effective January 1, 2004.)
25210.9.
## 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 10.02. Lighting Toxics Reduction [25210.9 - 25210.12] ( Article 10.02 added by Stats. 2007, Ch. 534, Sec. 3. )
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This section restricts manufacturing and sale of certain general purpose lights unless they comply with RoHS-related substance limits, with specific exceptions and documentation/certification duties.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.02. Lighting Toxics Reduction [25210.9 - 25210.12] ( Article 10.02 added by Stats. 2007, Ch. 534, Sec. 3. ) ## 25210.9. (a) Except as provided in subdivisions (e), (f), and (g), on and after January 1, 2010, a person shall not manufacture general purpose lights for sale in this state that contain levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in the European Union pursuant to the RoHS Directive. (b) Except as provided in subdivisions (e), (f), and (g), on and after January 1, 2010, a person shall not sell or offer for sale in this state a general purpose light under any of the following circumstances: (1) The general purpose light being sold or offered for sale was manufactured on and after January 1, 2010, and contains levels of hazardous substances that would result in the prohibition of that general purpose light being sold or offered for sale in the European Union pursuant to the RoHS Directive. (2) The manufacturer of the general purpose light sold or being offered for sale fails to provide the documentation to the department required by subdivision (h). (3) The manufacturer of the general purpose light being sold or offered for sale does not provide the certification required in subdivision (i). (c) For the purposes of this section, “RoHS Directive” means Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, on the restriction of certain hazardous substances in electrical and electronic equipment, as amended thereafter by the Commission of European Communities (13.2.2003 Official Journal of the European Union). (d) The department shall determine the products covered by the RoHS Directive by reference to authoritative guidance published by the United Kingdom implementing the RoHS Directive in that country. (e) (1) Except as provided in paragraph (2), subdivisions (a), (b), (h), and (i) do not apply to high output and very high output linear fluorescent lamps greater than 32 millimeters in diameter and preheat linear fluorescent lamps. (2) On or after January 1, 2014, the department shall determine, in consultation with companies that manufacture lamps specified in paragraph (1) in the United States, if those lamps should be subject to the requirements of subdivisions (a), (b), (h), and (i), taking into consideration changes in lamp design or manufacturing technology that will allow for the removal or reduction of mercury. (f) On and after January 1, 2012, for high intensity discharge lamps and compact fluorescent lamps greater than nine inches in length, subdivisions (a), (b), (h), and (i) shall be applicable. (g) On and after January 1, 2014, for state-regulated general service incandescent lamps and enhanced spectrum lamps as defined in subdivision (k) of Section 1602 of Title 20 of the California Code of Regulations, subdivisions (a), (b), (h), and (i) shall be applicable. (h) A manufacturer of general purpose lights sold or being offered for sale in California shall prepare and, at the request of the department, submit within 28 days of the date of the request, technical documentation or other information showing that the manufacturer’s general purpose lights sold or offered for sale in this state comply with the requirements of the RoHS Directive. (i) A manufacturer of general purpose lights sold or being offered for sale in California shall provide, upon request, a certification to a person who sells or offers for sale that manufacturer’s general purpose lights. The certification shall attest that the general purpose lights do not contain levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in California. Alternatively, the manufacturer may display the certification required by this subdivision prominently on the shipping container or on the packaging of general purpose lights. (j) The department may adopt regulations to implement and administer this article. (Amended by Stats. 2008, Ch. 179, Sec. 146. Effective January 1, 2009.)
25211.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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This section defines several terms used in the article, including “certified appliance recycler,” “CUPA,” “major appliance,” “materials that require special handling,” and “scrap recycling 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25211. For purposes of this article, the following terms have the following meaning: (a) “Certified appliance recycler” means a person or entity engaged in the business of removing and properly managing materials that require special handling from discarded major appliances, and who is certified pursuant to Section 25211.4, and does not include a person described in subdivision (b) of Section 25211.2. (b) “CUPA” means a certified unified program agency, as defined in subdivision (b) of Section 25123.7. (c) “Major appliance” has the same meaning as defined in Section 42166 of the Public Resources Code. (d) “Materials that require special handling” has the same meaning as defined in Section 42167 of the Public Resources Code. (e) “Scrap recycling facility” means a facility where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron or nonferrous metallic scrap for sale for remelting purposes. A scrap recycling facility includes, but is not limited to, a feeder yard, a metal shredding facility, a metal crusher, and a metal baler. (Amended by Stats. 2004, Ch. 880, Sec. 2. Effective January 1, 2005.)
25211.1.
## 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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Most people other than certified appliance recyclers may not remove special-handling materials from a major appliance, but certified appliance service technicians may remove refrigerant.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25211.1. (a) Except as provided in subdivision (b), a person, other than a certified appliance recycler, shall not remove materials that require special handling from a major appliance. (b) An appliance service technician certified pursuant to Section 82.161 of Title 40 of the Code of Federal Regulations may remove refrigerant from major appliances. (Repealed and added by Stats. 2007, Ch. 709, Sec. 2. Effective January 1, 2008.)
25211.2.
## 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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People who move or sell discarded major appliances to a scrap recycling facility must provide certification and required information, and certain non-certified sellers may do so only under stated conditions. Scrap recycling facilities that accept appliances under one of those conditions must file a monthly report.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25211.2. (a) Except as provided in subdivision (b), a person who transports, delivers, or sells discarded major appliances to a scrap recycling facility shall provide evidence that he or she is a certified appliance recycler and shall certify, on a form prepared by the department and provided to the facility at the time of the transaction, that all materials that require special handling have been removed from the appliances pursuant to subdivision (a) of Section 25212. Information on the form shall include, but not be limited to, the appliance recycler certificate number, the appliance recycler’s hazardous waste generator identification number, the number and types of appliances included in the shipment, and the facilities to which the materials that require special handling and that were removed from the appliances were sent or are to be sent. If the appliances have been crushed, baled, or shredded by the certified appliance recycler, the requirement to include the number and types of appliances included in the shipment on the form shall not apply. (b) A person who is not a certified appliance recycler may transport, deliver, or sell discarded major appliances to a scrap recycling facility only if the scrap recycling facility is a certified appliance recycler and only if either of the following conditions specified is met: (1) The appliances have not been crushed, baled, shredded, sawed or sheared apart, or otherwise processed in such a manner that could result in the release, or prevent the removal, of materials that require special handling. (2) The appliances have been crushed, baled, shredded, or sawed or sheared apart, or otherwise processed in such a manner that could result in the release, or prevent the removal, of materials that require special handling, and that person does one of the following: (A) Provides the scrap recycling facility with a written certification, at the time of the transaction, that identifies any materials that require special handling that have been removed from the appliance and certifies that all of these materials were removed by a person authorized under Section 25211.1. The certification shall include the appliance recycler or appliance service technician certificate number, the appliance recycler or appliance service technician’s hazardous waste generator identification number, the number and types of appliances included in the shipment, and the facilities to which the materials that require special handling that were removed from the appliances were sent or are to be sent. (B) Presents a form of government issued identification and, under penalty of perjury, provides the scrap recycling facility his or her name, address, telephone number, and written certification that he or she obtained the appliance in its current condition and did not process the appliance or arrange to have it processed or knowingly accept the appliance from any other person who processed it or arranged to have it processed. That person shall also provide the name and address of the person from whom the appliance was obtained, or include in the written certification the reason that the information is unavailable. (c) Appliances delivered to a scrap recycling facility by a local government representative that were generated as part of the local government’s waste management activities are exempt from subdivision (b). (d) A scrap recycling facility that accepts appliances pursuant to subparagraph (B) of paragraph (2) of subdivision (b) shall provide a monthly report to the department and the local CUPA that includes both of the following: (1) For each appliance received by the scrap facility, the name and address of the person who transported, delivered, or sold the appliance to the scrap recycling facility. (2) The total number of appliances received pursuant to the conditions provided in subparagraph (B) of paragraph (2) of subdivision (b). (Repealed and added by Stats. 2007, Ch. 709, Sec. 4. Effective January 1, 2008.)
25211.3.
## 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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Certain appliance recyclers must keep onsite compliance records and let them be inspected on 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25211.3. A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall retain onsite records demonstrating compliance with applicable requirements of this article and Section 42175 of the Public Resources Code. The records shall be retained for three years and shall be made available for inspection, upon the request of a representative of the department or a CUPA. The records shall be retained, after that three-year period, during the course of an unresolved enforcement action or as requested by the department or CUPA. The records shall include, but not be limited to, all of the following information: (a) The amount, by volume or weight or both of each material that required special handling. (b) The method used by the appliance recycler to recycle, dispose of, or otherwise manage each material that required special handling, including the name and address of the facility to which each material was sent. (c) The number and types of appliances from which materials that require special handling are removed each year. (d) The reports required pursuant to subdivision (c) of Section 25211.2. (Amended by Stats. 2007, Ch. 709, Sec. 5. Effective January 1, 2008.)
25211.4.
## 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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A person who wants to operate as a certified appliance recycler must apply to the department and get or renew certification, unless they already hold an unexpired pre-2008 certification.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25211.4. (a) On and after January 1, 2008, a person wishing to operate as a certified appliance recycler, except a person having a certification issued before January 1, 2008, until that certification expires, shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its Internet Web site an application for certification as a certified appliance recycler that requires all of the following: (1) The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owner’s name, address, and telephone number. (2) A hazardous waste generator identification number issued by the department pursuant to this chapter. (3) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit. (4) A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file the plan. (5) The tax identification number assigned by the Franchise Tax Board. (6) A copy of a business license and any conditional use permits issued by the appropriate city or county. (7) A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws. (8) Any other information that the department may determine to be necessary to carry out this article. (b) A person wishing to operate as a certified appliance recycler shall submit to the department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness and, upon determining that the application is complete and meets the requirements of this section, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186. (c) The certificate issued by the department shall include the issuance date and the expiration date, which shall be three years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no longer a certified appliance recycler and may no longer operate as a certified appliance recycler. (d) Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified uniform program agency in whose jurisdiction the person is located, which shall, as soon as is practicable, inspect the certified appliance recycling facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from major appliances. In making the determination, the certified uniform program agency shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facility’s compliance with existing applicable laws. (Repealed and added by Stats. 2007, Ch. 709, Sec. 7. Effective January 1, 2008.)
25211.5.
## 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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The department may adopt regulations it considers necessary to implement and enforce this 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25211.5. The department may adopt any regulations determined necessary to implement and enforce this article. (Added by Stats. 2004, Ch. 880, Sec. 7. Effective January 1, 2005.)
25212.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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Materials that require special handling in major appliances must be removed before the appliance is processed or disposed of, and they cannot be sent to a solid waste 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 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25212. (a) Materials that require special handling that are contained in major appliances shall not be disposed of at a solid waste facility and shall be removed from major appliances in which they are contained prior to the appliance being crushed, baled, shredded, sawed or sheared apart, disposed of, or otherwise processed in a manner that could result in the release or prevent the removal of materials that require special handling. (b) A person who, pursuant to subdivision (a), removes from a major appliance any material that requires special handling, that is a hazardous waste under this chapter, is a hazardous waste generator and shall comply with all provisions of this chapter applicable to generators of hazardous waste. (c) All materials that require special handling that have been removed from a major appliance pursuant to subdivision (a), and that are hazardous wastes, shall be managed in accordance with this chapter. (d) A person who fails to comply with subdivision (a) is in violation of this chapter. (e) (1) The department or a local health officer or other public officer authorized pursuant to Article 8 (commencing with Section 25180), including, when applicable, a certified unified program agency (CUPA) or a unified program agency within the jurisdiction of a CUPA, shall incorporate both of the following into the existing inspection and enforcement activities of the department or the local health officer or other public officer: (A) The regulation of materials that require special handling that, when removed from a major appliance, is hazardous waste. (B) The enforcement of subdivision (a). (2) The department, local health officers, or other public officers shall coordinate their activities as needed to identify and regulate materials that require special handling that, when removed from major appliances, are hazardous wastes that are transported from one jurisdiction to another. (Amended by Stats. 2004, Ch. 880, Sec. 8. Effective January 1, 2005.)
25213.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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The department must create and maintain a statewide list of certain appliance-related businesses, notify listed persons about chapter requirements, and send compliance materials and identification information to specified persons and local enforcement agencies.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25213. (a) To implement subdivision (c) of Section 25212, the department shall, based on reasonably available information, develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with those who remove, from major appliances, materials that require special handling. The department shall notify persons on the list of the requirements of this chapter and the steps that will be required to be taken to comply with this chapter. (b) The department shall transmit a copy of the Appliance Recycling Guide, published by the California Integrated Waste Management Board, and any other materials determined to be necessary by the department to ensure compliance with this chapter, to the following persons and agencies: (1) Persons who apply for a generator identification number indicating that they are involved with any activities regulated pursuant to this article. (2) The local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. (c) The department shall transmit the generator identification number of any person identified pursuant to paragraph (1) of subdivision (b) and the statewide list developed pursuant to subdivision (a) to the appropriate local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. (Added by Stats. 1997, Ch. 884, Sec. 2. Effective January 1, 1998.)
25214.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. )
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The department must provide requested information about implementing this article, unless the California Public Records Act limits disclosure.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1. Management of Hazardous Wastes Removed From Discarded Appliances [25211 - 25214] ( Article 10.1 added by Stats. 1997, Ch. 884, Sec. 2. ) ## 25214. The department shall make information available upon request regarding the implementation of this article, including, but not limited to, the list of persons notified pursuant to subdivision (a) of Section 25213, the list of persons identified pursuant to paragraph (1) of subdivision (b) of Section 25213, information on inspection and enforcement, and other information pertaining to the record of compliance with this article, subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 247. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
25214.1.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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This section defines terms used in the article on metal-containing jewelry.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.1. For purposes of this article, the following definitions shall apply: (a) “Body piercing jewelry” means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane. (b) “Children” means persons under 15 years of age. (c) “Children’s jewelry” means jewelry that is made for, marketed for use by, or marketed to, children. For purposes of this article, children’s jewelry includes, but is not limited to, jewelry that meets any of the following conditions: (1) Represented in its packaging, display, or advertising, as appropriate for use by children. (2) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children. (3) Sized for children and not intended for use by adults. (4) Sold in any of the following: (A) A vending machine. (B) Retail store, catalog, or online internet website, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children. (C) A discrete portion of a retail store, catalog, or online internet website, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children. (d) “Component” means any part of jewelry. (e) “Inaccessible” means not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product, including swallowing, mouthing, breaking, or other children’s activities, and the aging of the product. For purposes of this article, paint, coatings, or electroplating do not render substrate material inaccessible to a child. (f) “Jewelry” means any of the following: (1) Any of the following ornaments worn by a person: (A) An anklet. (B) Arm cuff. (C) Bracelet. (D) Brooch. (E) Chain. (F) Crown. (G) Cuff link. (H) Hair accessory. (I) Earring. (J) Necklace. (K) Pin. (L) Ring. (M) Tie clip. (N) Body piercing jewelry. (O) Jewelry placed in the mouth for display or ornament. (2) Any bead, chain, link, pendant, or other component of an ornament specified in paragraph (1). (3) A charm, bead, chain, link, pendant, or other attachment to shoes or clothing that can be removed and may be used as a component of an ornament specified in paragraph (1). (4) A watch in which a timepiece is a component of an ornament specified in paragraph (1), excluding the timepiece itself if the timepiece can be removed from the ornament. (g) (1) “Surface coating” means a fluid, semifluid, or other material, with or without a suspension of finely divided coloring matter, that changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface. (2) “Surface coating” does not include a printing ink or a material that actually becomes a part of the substrate, including, but not limited to, pigment in a plastic article, or a material that is actually bonded to the substrate, such as by electroplating or ceramic glazing. (Amended by Stats. 2019, Ch. 379, Sec. 2. (SB 647) Effective January 1, 2020.)
25214.1.5.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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This section says the article does not change existing duties, legal obligations, or defenses.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.1.5. (a) This article does not do any of the following: (1) Affect a duty or other requirement otherwise imposed under federal or state law. (2) Alter or diminish a legal obligation otherwise required in common law, by statute, or by regulation. (3) Create or enlarge a defense to an action to enforce a legal obligation otherwise required in common law, by statute, or by regulation. (b) The Legislature finds and declares that the addition of this section during the 2007–08 Regular Session of the Legislature is declaratory of existing law. (Added by Stats. 2008, Ch. 575, Sec. 1.5. Effective January 1, 2009.)
25214.10.
## 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 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. )
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The department must adopt regulations that bar certain electronic devices from sale in California when the same devices are prohibited for sale in the European Union for heavy-metal reasons, 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 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. ) ## 25214.10. (a) For purposes of this section, “electronic device” has the same meaning as a “covered electronic device,” as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. “Covered electronic device” does not include a covered battery-embedded product, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. (b) The department shall adopt regulations, in accordance with this section, that prohibit an electronic device from being sold or offered for sale in this state if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, to the extent that Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, and as amended thereafter by the Commission of European Communities, prohibits that sale due to the presence of certain heavy metals. (c) The regulations adopted pursuant to subdivision (b) shall take effect January 1, 2007, or on or after the date Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, takes effect, whichever date is later. (d) The department shall exclude, from the regulations adopted pursuant to this section, the sale of an electronic device that contains a substance that is used to comply with the consumer, health, or safety requirements that are required by the Underwriters Laboratories, the federal government, or the state. (e) In adopting regulations pursuant to this section, the department shall not require the manufacture or sale of an electronic device that is different than, or otherwise not prohibited by, the European Union under Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003. (f) (1) The department shall not adopt any regulations pursuant to this section that impose any requirements or conditions that are in addition to, or more stringent than, the requirements and conditions expressly authorized by this section. (2) In complying with this subdivision, the department shall use, in addition to any other information deemed relevant by the department, the published decisions of the Technical Adaptation Committee and European Union member states that interpret the requirements of Directive 2002/95/EC. (Amended by Stats. 2022, Ch. 370, Sec. 1. (SB 1215) Effective January 1, 2023.)
25214.10.1.
## 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 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. )
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This section defines electronic-device terms and requires the department, manufacturers, and retailers to follow notice, fee, and nonhazardous-concurrence procedures for covered electronic devices.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. ) ## 25214.10.1. (a) For purposes of this section, the following definitions shall apply: (1) “Electronic device” means a video display device, as defined in Section 42463 of the Public Resources Code, with a screen size of greater than four inches. (2) “Covered electronic device” has the same meaning as a covered electronic device, as defined in paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. (3) “Manufacturer” and “retailer” have the same meaning as set forth in Section 42463 of the Public Resources Code. (b) Notwithstanding the definition of “covered electronic device” in paragraph (2) of subdivision (a), the obligations of the department established in subdivisions (c) to (f), inclusive, apply only to covered electronic devices specified in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. (c) The department shall adopt regulations that identify electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter. (d) (1) Except as provided in subdivision (f), a manufacturer of an electronic device that is identified in the regulations adopted by the department shall send a notice in accordance with the schedule specified in subparagraph (A) or (B), as applicable, of paragraph (2) to any retailer that sells that electronic device manufactured by the manufacturer. The notice shall identify the electronic device, and shall inform the retailer that the electronic device is a covered electronic device and is subject to a fee in accordance with subdivision (e). (2) The notice required by this subdivision shall be sent in accordance with the following schedule: (A) On or before October 1, 2004, the manufacturer shall send a notice covering any electronic device manufactured by that manufacturer that is identified in the regulations adopted by the department on or before July 1, 2004, that identify the electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter. (B) On or before April 1, 2005, and on or before every April 1 of each year thereafter, the manufacturer shall send a notice covering any electronic device manufactured by that manufacturer identified in the regulations adopted by the department pursuant to subdivision (c) on or before December 31 of the prior year. (3) If a retailer sells a refurbished covered electronic device, the manufacturer is required to comply with the notice requirement of this subdivision only if the manufacturer directly supplies the refurbished covered electronic device to the retailer. (e) (1) Except as provided in subdivision (f), a covered electronic device that is identified in the regulations adopted, on or before July 1, 2004, by the department, that identify electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter shall, on and after January 1, 2005, be subject to Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to Section 42464 of the Public Resources Code. (2) Except as provided in subdivision (f), a covered electronic device identified in the regulations adopted by the department, pursuant to subdivision (c), shall, on and after July 1 of the year subsequent to the year in which the covered electronic device is first identified in the regulations, be subject to Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to Section 42464 of the Public Resources Code. (f) (1) If the manufacturer of an electronic device that is identified in the regulations adopted by the department pursuant to subdivision (c) obtains the department’s concurrence that an electronic device, when discarded, would not be a hazardous waste, in accordance with procedures set forth in Section 66260.200 of Title 22 of the California Code of Regulations, the electronic device shall cease to be a covered electronic device and shall cease to be subject to subdivisions (d) and (e) on the first day of the quarter that begins not less than 30 days after the date that the department provides the manufacturer with a written nonhazardous concurrence for the electronic device pursuant to this subdivision. A manufacturer shall notify each retailer, to which that manufacturer has sold a covered electronic device, that the device has been determined pursuant to this subdivision to be nonhazardous and is no longer subject to a covered electronic waste recycling fee. (2) No later than 10 days after the date that the department issues a written nonhazardous concurrence to the manufacturer, the department shall do both of the following: (A) Post on the department’s internet website a copy of the nonhazardous concurrence, including, but not limited to, an identification and description of the electronic device to which the concurrence applies. (B) Send a copy of the nonhazardous concurrence, including, but not limited to, an identification and description of the electronic device to which the concurrence applies, to the Department of Resources Recycling and Recovery and to the California Department of Tax and Fee Administration. (g) Notwithstanding Section 42474 of the Public Resources Code, a fine or penalty shall not be assessed on a retailer who unknowingly sells, or offers for sale, in this state a covered electronic device for which the covered electronic waste recycling fee has not been collected or paid, if the failure to collect the fee was due to the failure of the California Department of Tax and Fee Administration to inform the retailer that the electronic device was subject to the fee. (Amended by Stats. 2022, Ch. 370, Sec. 2. (SB 1215) Effective January 1, 2023.)
25214.10.2.
## 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 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. )
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Emergency regulations under this section may be adopted under the Government Code and must be filed with the Office of Administrative Law, which cannot repeal them; they last for two years or until the department revises them.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. ) ## 25214.10.2. A regulation adopted pursuant to this article may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, 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. (Added by Stats. 2004, Ch. 863, Sec. 3. Effective September 29, 2004.)
25214.11.
## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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This section states the article’s purpose and findings about toxic metals in packaging, and says it may be cited as the Toxics in Packaging Prevention Act.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.11. (a) The Legislature finds and declares all of the following: (1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment. (2) Packaging comprises a significant percentage of the overall solid waste stream. (3) The presence of heavy metals in packaging is a part of the total concern regarding the disposal of hazardous constituents in the solid waste stream, in light of the presence of heavy metals in emissions or ash when packaging is incinerated, or in leachate when packaging is disposed of in a solid waste landfill. (4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern. (5) It is desirable, as a first step in reducing the toxicity of packaging waste, and reducing the hazardous materials that may be disposed of in solid waste landfills, to eliminate the addition of these heavy metals to packaging. (6) The intent of this article is to achieve this reduction in toxicity without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components. (b) This article shall be known, and may be cited, as the “Toxics in Packaging Prevention Act.” (Added by Stats. 2003, Ch. 679, Sec. 1. Effective January 1, 2004.)
25214.12.
## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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This section defines terms used in the Toxics in Packaging Prevention Act, including manufacturer, supplier, package, packaging component, regulated metal, and related 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.12. For purposes of this article, the following terms have the following meanings: (a) “Authorized official” means a representative of a manufacturer or supplier who is authorized pursuant to the laws of this state to bind the manufacturer or supplier regarding the accuracy of the content of a certificate of compliance. (b) “ASTM” means the American Society for Testing and Materials. (c) “Distribution” means the practice of taking title to a package or a packaging component for promotional purposes or resale. A person involved solely in delivering a package or a packaging component on behalf of a third party is not engaging in distribution. (d) (1) “Intentional introduction” means the act of deliberately utilizing a regulated metal in the formation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality. (2) “Intentional introduction” does not include either of the following: (A) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, where the incidental retention of a residue of that metal in the final package or packaging component is not desired or deliberate, if the final package or packaging component is in compliance with subdivision (c) of Section 25214.13. (B) The use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of a regulated metal, if the new package or packaging component is in compliance with subdivision (c) of Section 25214.13. (e) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component. (f) “Manufacturer” means any person, firm, association, partnership, or corporation producing a package or packaging component. (g) “Manufacturing” means the physical or chemical modification of a material to produce packaging or a packaging component. (h) (1) Except as provided in paragraph (2), “package” means any container, produced either domestically or in a foreign country, providing a means of marketing, protecting, or handling a product from its point of manufacture to its sale or transfer to a consumer, including a unity package, an intermediate package, or a shipping container, as defined in the ASTM specification D 996. “Package” also includes, but is not limited to, unsealed receptacles, including carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs. (2) “Package” does not include a reusable bag, as defined in subdivision (d) of Section 42250 of the Public Resources Code. (i) “Packaging component” means any individual assembled part of a package that is produced either domestically or in a foreign country, including, but not necessarily limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, dyes, pigments, adhesives, stabilizers, or any other additives. Tin-plated steel that meets the ASTM specification A 623 shall be considered as a single package component. Electrogalvanized coated steel and hot dipped coated galvanized steel that meet the ASTM qualifications A 591, A 653, A 879, and A 924 shall be treated in the same manner as tin-plated steel. (j) “Purchaser” means a person who purchases and takes title to a package or a packaging component, from a manufacturer or supplier, for the purpose of packaging a product manufactured, distributed, or sold by the purchaser. (k) “Recycled material” means a material that has been separated from solid waste for the purpose of recycling the material as a secondary material feedstock. Recycled materials include paper, plastic, wood, glass, ceramics, metals, and other materials, except that recycled material does not include a regulated metal that has been separated from other materials into its elemental or other chemical state for recycling as a secondary material feedstock. (l) “Regulated metal” means lead, mercury, cadmium, or hexavalent chromium. (m) (1) “Supplier” means a person who does or is one or more of the following: (A) Sells, offers for sale, or offers for promotional purposes, a package or packaging component that is used by any other person to package a product. (B) Takes title to a package or packaging component, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. (C) Acts as an intermediary for the purchase of a package or packaging component for resale from a manufacturer located in another country to a purchaser located in this state, and who may receive a commission or a fee on that sale. (D) Listed as the importer of record on a United States Customs Service form for an imported package or packaging component. (2) “Supplier” does not include a person involved solely in delivering a package or packaging component on behalf of a third party. (n) “Toxics in Packaging Clearinghouse” means the Toxics in Packaging Clearinghouse (TPCH) of the Council of State Governments. (Amended by Stats. 2009, Ch. 140, Sec. 110. (AB 1164) Effective January 1, 2010.)
25214.13.
## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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Manufacturers, suppliers, and persons may not sell or promote certain packages, packaging components, or packaged products containing intentionally introduced regulated metals, subject to Section 25214.14.

## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.13. (a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution. (b) Except as provided in Section 25214.14, on and after January 1, 2006, a person may not offer for sale or for promotional purposes in this state a product in a package that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution. (c) Except as provided in Section 25214.14, on and after January 1, 2006, a person may not offer for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component exceeds 100 parts per million by weight. (Amended by Stats. 2008, Ch. 575, Sec. 11. Effective January 1, 2009.)
25214.14.
## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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A package or packaging component can be exempt from Section 25214.13 if the manufacturer or supplier meets the documentation requirements and one of the listed conditions is satisfied.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.14. A package or a packaging component is exempt from the requirements of Section 25214.13, and shall be deemed in compliance with this article, if the manufacturer or supplier complies with the applicable documentation requirements specified in Section 25214.15 and the package or packaging component meets any of the following conditions: (a) The package or packaging component is marked with a code indicating a date of manufacture prior to January 1, 2006. (b) A regulated metal has been added to the package or packaging component in the manufacturing, forming, printing, or distribution process, to comply with the health or safety requirements of a federal or state law. (c) (1) The package or packaging component contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13 only because of the addition of a recycled material. (2) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010. (d) (1) A regulated metal has been added to the package or packaging component in the manufacturing, forming, printing, or distribution process for a use for which there is no feasible alternative. (2) For purposes of this subdivision, “a use for which there is no feasible alternative” means a use, other than for purposes of marketing, for which a regulated metal is essential to the protection, safe handling, or function, of the package’s contents, and technical constraints preclude the substitution of other materials. (e) (1) The package or packaging component is reused and contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13, and all of the following apply: (A) The product being conveyed by the package, the package, or packaging component is otherwise regulated under a federal or state health or safety requirement. (B) The transportation of the packaged product is regulated under federal or state transportation requirements. (C) The disposal of the package is otherwise performed according to the requirements of this chapter or Chapter 8 (commencing with Section 114960) of Part 9 of Division 104. (2) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010. (f) (1) The package or packaging component has a controlled distribution and reuse and contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13. (2) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010. (g) (1) The packaging or packaging component is a glass or ceramic package or packaging component that has a vitrified label, and that, when tested in accordance with the Waste Extraction Test, described in Appendix II of Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations does not exceed 1.0 ppm for cadmium, 5.0 ppm for hexavalent chromium, or 5.0 ppm for lead. A glass or ceramic package or packaging component containing mercury is not exempted pursuant to this subdivision. (2) A glass bottle package with paint or applied ceramic decoration on the bottle does not qualify for an exemption pursuant to this section, if the paint or applied ceramic decoration contains lead or lead compounds in excess of 0.06 percent by weight. (3) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010. (Amended by Stats. 2008, Ch. 575, Sec. 12. Effective January 1, 2009.)
25214.15.
## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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Manufacturers or suppliers must keep exemption documentation for certain packages, update it every two years, and send it to the department on 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.15. (a) A package or packaging component qualifies for an exemption pursuant to Section 25214.14 only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing all of the following information for that package or packaging component: (1) A statement that the documentation applies to an exemption from the requirements of Section 25214.13. (2) The name, position, and contact information for the person who is the manufacturer’s or supplier’s contact person on all matters concerning the exemption. (3) An identification of the exemption and a reference to the applicable subdivision in Section 25214.14 setting forth the conditions for the exemption. (4) A description of the type of package or packaging component to which the exemption applies. (5) Identification of the type and concentration of the regulated metal or metals present in the package or packaging component, and a description of the testing methods used to determine the concentration. (6) An explanation of the reason for the exemption. (7) Supporting documentation that fully and clearly demonstrates that the package or packaging component is eligible for the exemption. (8) The documentation listed in subdivisions (b), (c), (d), (e), (f), (g), or (h), whichever is applicable for the exemption. (b) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (a) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies: (1) Date of manufacture. (2) Estimated time needed to exhaust current inventory. (3) Alternative package or packaging component that meets the requirements of Section 25214.13. (c) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (b) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation that contains all of the following information for each regulated metal intentionally introduced in the package or packaging component to which the exemption applies: (1) Identification of the specific federal or state law requiring the addition of the regulated metal to the package or packaging component. (2) Detailed information that fully and clearly demonstrates that the addition of the regulated metal to the package or packaging component is necessary to comply with the law identified pursuant to paragraph (1). (3) A description of past, current, and planned future efforts to seek or develop alternatives to eliminate the use of the regulated metal in the package or packaging component. (4) A description of all alternative measures that have been considered, and, for each alternative, an explanation as to why the alternative is not satisfactory for purposes of achieving compliance with the law identified pursuant to paragraph (1). (d) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (c) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies: (1) The type and percentage of recycled material or materials added to the package or packaging component. (2) The type and concentration of each regulated metal contained in each recycled material added to the package or packaging component. (3) Efforts to minimize or eliminate the regulated metals in the package or packaging component. (4) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component. (e) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (d) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for each regulated metal intentionally introduced into the package or packaging component to which the exemption applies: (1) Detailed information and evidence that fully and clearly demonstrates how the regulated metal contributes to, and is essential to, the protection, safe handling, or functioning of the package’s contents. (2) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component. (3) A description of all alternative measures that have been considered, and, for each alternative, an explanation as to the technical constraints that preclude substitution of the alternative for the use of the regulated metal. (4) Documentation that the regulated metal is not being used for the purposes of marketing. (f) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (e) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies: (1) The percentage of reused materials. (2) Identification of the federal or state health or safety law regulating the product being conveyed by the package, the package, or the packaging component. (3) Identification of the federal or state transportation law regulating the transportation of the packaged product. (4) Information demonstrating that the package is disposed of in accordance with the requirements of this chapter or Chapter 8 (commencing with Section 114960) of Part 9 of Division 104. (5) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component. (g) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (f) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies: (1) The percentage of reused materials. (2) Information and evidence that demonstrates that the environmental benefit of the controlled distribution and reuse of the package or packaging component is significantly greater, as compared to the same package or packaging component manufactured in compliance with the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13. (3) A means of identifying, in a permanent and visible manner, any reusable package or packaging component containing a regulated metal for which the exemption is sought. (4) A method of regulatory and financial accountability, so that a specified percentage of the reusable packages or packaging components that are manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or identified designees. (5) A system of inventory and record maintenance to account for reusable packages or packaging components placed in, and removed from, service. (6) A means of transforming returned packages or packaging components that are no longer reusable into recycled materials for manufacturing, or a means of collecting and managing returned packages or packaging components as waste in accordance with applicable federal and state law. (7) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component. (h) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (g) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update the following documentation for the package or packaging component to which the exemption applies: (1) Applicable test data. (2) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component. (i) A manufacturer or supplier shall submit the documentation required pursuant to subdivisions (a) to (h), inclusive, to the department, as follows: (1) Upon receipt of a written request from the department, the manufacturer or supplier shall, on or before 30 calendar days after the date of receipt, do one of the following: (A) Submit the required documentation to the department. (B) Submit a letter to the department indicating the date by which the documentation shall be submitted, which may be no more than 90 calendar days after the date of receipt of the department’s request. (2) If the department finds that the documentation supplied pursuant to paragraph (1) is incomplete or incorrect, the department shall notify the manufacturer or supplier that the documentation is incomplete or incorrect, and the manufacturer or supplier shall submit complete and correct documentation to the department within 60 calendar days after the date of receipt of the notification. (j) If a manufacturer or supplier fails to comply with subdivision (i) by any of the specified dates in that subdivision, the manufacturer or supplier shall, with respect to the package or packaging component to which the documentation request applies, comply with one of the following: (1) Immediately cease to offer the package or packaging component for sale or for promotional purposes in this state. (2) Replace the package or packaging component with a package or packaging component that conforms with the regulated metals limitations specified in Section 25214.13, in accordance with a schedule approved in writing by the department. (3) Submit complete and correct documentation for the package or packaging component, in accordance with a schedule approved in writing by the department. (Amended by Stats. 2008, Ch. 575, Sec. 13. Effective January 1, 2009.)
25214.16.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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Manufacturers or suppliers must give purchasers a certificate of compliance for covered packages or packaging components, keep a copy on file, and provide copies to the department in specified 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.16. (a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging component, even when the purchaser is also a supplier, stating that the package or packaging component is in compliance with the requirements of this article. However, if, pursuant to Section 25214.14, the package is exempt from the requirements of Section 25214.13, the certificate of compliance shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturer or supplier. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. (b) A purchaser of a package or packaging component subject to subdivision (a) shall retain the certificate of compliance for as long as the package or packaging component is in use by the purchaser. (c) The manufacturer or supplier shall furnish to the department a copy of the certificate of compliance for each package or packaging component for which an exemption is claimed under Section 25214.14 at the time when a certificate of compliance for that package or packaging component is first furnished to a purchaser. If no exemption is claimed for a package or packaging component, the manufacturer or supplier shall provide to the department upon request a copy of the certificate of compliance for that package or packaging component. (d) If a manufacturer or supplier of a package or packaging component subject to subdivision (a) reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide the purchaser, and, if the package or packaging component is exempt, the department, with an amended or new certificate of compliance for the reformulated or new package or packaging component. (Amended by Stats. 2007, Ch. 659, Sec. 3. Effective January 1, 2008.)
25214.17.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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The department must let the public access package-related information, except trade secrets, which it must keep confidential.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.17. (a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), shall provide the public with access to all information relating to a package or packaging component that has been submitted to the department by a manufacturer or supplier of a package or packaging component pursuant to this article. (b) (1) The department shall keep confidential any information identified by the manufacturer or supplier, pursuant to paragraph (2), as a trade secret, as defined in Section 25173, in accordance with departmental procedures that have been adopted pursuant to Section 25173, if the department determines that this information meets that definition of a trade secret. (2) A manufacturer or supplier providing information to the department pursuant to this article shall, at the time of submission, identify all information that the manufacturer or supplier believes is a trade secret. The department shall make available to the public any information that is not a trade secret. (Amended by Stats. 2021, Ch. 615, Sec. 249. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
25214.18.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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If the department decides certain packaging substances should be added as regulated metals, it may recommend those additions to the Governor and Legislature.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.18. If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of Section 25214.12 in order to further reduce the toxicity of packaging waste, the department may submit recommendations to the Governor and the Legislature for additions to the list, along with a description of the nature of the substitutes used in lieu of the recommended additions to the list. (Amended by Stats. 2008, Ch. 575, Sec. 15. Effective January 1, 2009.)
25214.19.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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This section says the article does not change other legal duties or requirements, and it does not create or expand defenses.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.19. This article does not do the following: (a) Affect a duty or other requirement imposed under federal or state law. (b) Alter or diminish a legal obligation otherwise required in common law or by statute or regulation. (c) Create or enlarge a defense in an action to enforce a legal obligation otherwise required in common law or by statute or regulation. (Amended by Stats. 2004, Ch. 445, Sec. 8. Effective January 1, 2005.)
25214.2.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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This section restricts the sale and promotion of certain jewelry in the state unless it meets listed material, lead, or cadmium limits. It also lets the department issue guidance and stricter standards for children’s jewelry.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.2. (a) For jewelry that is not children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry is made entirely from one or more than one of the following materials: (1) Stainless or surgical steel. (2) Karat gold. (3) Sterling silver. (4) Platinum, palladium, iridium, ruthenium, rhodium, or osmium. (5) Natural or cultured pearls. (6) Glass, ceramic, or crystal decorative components, including cat’s eye, cubic zirconia, including cubic zirconium or CZ, rhinestones, and cloisonné. (7) A gemstone that is cut and polished for ornamental purposes, excluding aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite. (8) Elastic, fabric, ribbon, rope, or string that does not contain intentionally added lead. (9) All natural decorative material, including amber, bone, coral, feathers, fur, horn, leather, shell, or wood, that is in its natural state and is not treated in a way that adds lead. (10) Adhesive. (11) Electroplated metal containing less than 0.05 percent (500 parts per million) lead by weight. (12) Unplated metal not otherwise listed containing less than 0.05 percent (500 parts per million) lead by weight. (13) Plastic or rubber, including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC) containing less than 0.02 percent (200 parts per million) lead by weight. (14) A dye or surface coating containing less than 0.05 percent (500 parts per million) lead by weight. (15) Any other material that contains less than 0.05 percent (500 parts per million) lead by weight. (b) For body piercing jewelry that is not children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry is made of one or more of the following materials: (1) Surgical implant stainless steel. (2) Surgical implant grade of titanium. (3) Niobium (Nb). (4) Solid 14 karat or higher white or yellow nickel-free gold. (5) Solid platinum. (6) A dense low-porosity plastic, including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead. (c) (1) For children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry meets all of the following requirements: (A) Every component of the jewelry contains no more than 0.01 percent (100 parts per million) lead by weight, excluding inaccessible component parts. (B) The jewelry has a surface coating that contains no more than 0.009 percent (90 parts per million) lead by weight. (2) The department may establish guidance on what component parts in children’s jewelry shall be considered to be inaccessible for purposes of paragraph (1). In the absence of that guidance from the department, a determination of whether a component part of children’s jewelry is inaccessible shall be made in accordance with Section 1500.87 of Title 16 of the Code of Federal Regulations, as it may be amended from time to time. (d) (1) For children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry that meets either of the following descriptions: (A) The jewelry contains a component or is made of a material that is more than 0.03 percent (300 parts per million) cadmium by weight. (B) The jewelry has a surface coating that contains more than 0.0075 percent (75 parts per million) soluble cadmium by weight. (2) This subdivision shall not apply to any toy regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 (Public Law 110-314). (e) The department may establish a standard for children’s jewelry or for a component of children’s jewelry that is more protective of public health, of sensitive subpopulations, or of the environment than the standards established pursuant to subdivisions (c) and (d). (f) This section shall become operative on June 1, 2020. (Repealed (in Sec. 3) and added by Stats. 2019, Ch. 379, Sec. 4. (SB 647) Effective January 1, 2020. Section operative June 1, 2020, by its own provisions.)
25214.20.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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This section says the article remains valid even if part of it is struck down, and the article should be read broadly to carry out its 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.20. (a) The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid, or that its applicability to a person or circumstance is invalid, the remainder of the article and its applicability to other persons and circumstances may not be affected. (b) The provisions of this article shall be liberally construed to give effect to the purposes of this article. (Added by Stats. 2003, Ch. 679, Sec. 1. Effective January 1, 2004.)
25214.21.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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The department may enforce the requirements of this article under its authority to enforce 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.21. The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law. (Added by Stats. 2004, Ch. 445, Sec. 9. Effective January 1, 2005.)
25214.22.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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A seller of a package or packaging component with regulated metal is protected from administrative or civil penalty if it proves certain conditions, but repeat violators cannot use this defense.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.22. (a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in a packaging component that includes a regulated metal shall not be subject to any administrative or civil penalty for a violation of this article, if the person proves, by a preponderance of evidence, all of the following: (1) The person received a certificate of compliance for the package or packaging component from the manufacturer or supplier. (2) The certificate of compliance received pursuant to paragraph (1) stated that the package or packaging component is in compliance with the requirements of this article. (3) The person relied on the certificate of compliance and did not know or had no reason to know that the package or packaging component was in violation of this article. (4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the package or packaging component from commerce. (b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found to be in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action. (Added by Stats. 2008, Ch. 575, Sec. 16. Effective January 1, 2009.)
25214.22.1.
## 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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A manufacturer or supplier that knowingly and intentionally sells or offers a package or packaging component for sale or promotion in violation of this article commits a misdemeanor and can be fined or jailed.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.22.1. A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or packaging component in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. (Added by Stats. 2008, Ch. 575, Sec. 17. Effective January 1, 2009.)
25214.23.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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The department’s authorized representative may inspect certain facilities, vehicles, places, and records to enforce this article, subject to consent or an inspection warrant and other stated 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.23. (a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, may, upon presenting appropriate credentials and at a reasonable time, do any of the following: (1) Enter a factory, warehouse, or establishment in which a package or packaging component is manufactured, packed, held, or sold; enter a vehicle that is being used to transport, hold, or sell the package or packaging component; or enter a place where a package or packaging component is suspected of being held or sold in violation of this article. (2) Inspect a factory, warehouse, establishment, vehicle, or place described in paragraph (1), and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. In the case of a factory, warehouse, or establishment in which a package or packaging component is manufactured, packed, held, or sold, inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the package, packaging component, or product in a package is being manufactured, packed, held, transported, sold, offered for sale, or offered for promotional purposes in violation of this article. (3) Have access to all records of a carrier in commerce relating to the movement in commerce of a package or packaging component, or the holding of that package or packaging component during or after the movement, and the quantity, shipper, and consignee of the package or packaging component. A carrier shall not be subject to the other provisions of this article by reason of its receipt, carriage, holding, or delivery of a product in a package or packaging component in the usual course of business as a carrier. (b) An authorized representative of the department shall be deemed to have received implied consent to enter a retail establishment, for purposes of this section if the authorized representative enters the location of that retail establishment where the public is generally granted access. (Added by Stats. 2008, Ch. 575, Sec. 18. Effective January 1, 2009.)
25214.24.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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An authorized representative of the department may take samples in the specified situation, must leave a receipt if the sample is taken before leaving the premises, and the department must return certain samples on request when it no longer needs them.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.24. (a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging component, or product in a package. If the representative obtains a sample prior to leaving the premises, he or she shall leave a receipt describing the sample obtained. (b) The department shall return, upon request, a sample that is not destroyed during testing when the department no longer has any purpose for retaining the sample. (c) A sample that is secured in compliance with this section and found to be in compliance with this article that is destroyed during testing shall be subject to a claim for reimbursement. (Added by Stats. 2008, Ch. 575, Sec. 19. Effective January 1, 2009.)
25214.26.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. )
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The department may adopt regulations to implement this article when needed to further its 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 10.4. Toxics in Packaging Prevention Act [25214.11 - 25214.26] ( Heading of Article 10.4 renumbered from Article 10.3 (as added by Stats. 2003, Ch. 679) by Stats. 2004, Ch. 445, Sec. 1. ) ## 25214.26. The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article. (Added by Stats. 2008, Ch. 575, Sec. 20. Effective January 1, 2009.)
25214.3.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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Violations of this article are not subject to criminal penalties, but can trigger administrative or civil penalties up to $2,500 per day per violation, plus inspection and enforcement powers for 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.3. (a) Except as provided in Sections 25214.3.3 and 25214.3.4, a person who violates this article shall not be subject to criminal penalties imposed pursuant to this chapter and shall only be subject to the administrative or civil penalty specified in subdivision (b). (b) (1) A person who violates this article shall be liable for an administrative or a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation. That administrative or civil penalty may be assessed and recovered in an administrative action filed with the Office of Administrative Hearings or in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of an administrative or a civil penalty for a violation of this article, the presiding officer or the court, as applicable, shall consider all of the following: (A) The nature and extent of the violation. (B) The number of, and severity of, the violations. (C) The economic effect of the penalty on the violator. (D) Whether the violator took good faith measures to comply with this article and the time these measures were taken. (E) The willfulness of the violator’s misconduct. (F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (G) Any other factor that justice may require. (c) Administrative and civil penalties collected pursuant to this article shall be deposited in the Toxic Substances Control Account, for expenditure by the department, upon appropriation by the Legislature, to implement and enforce this article, except as provided in Section 25192. (d) (1) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, may, upon presenting appropriate credentials and at a reasonable time, do any of the following: (A) Enter a factory, warehouse, or establishment where jewelry is manufactured, packed, held, or sold; enter a vehicle that is being used to transport, hold, or sell jewelry; or enter a place where jewelry is being held or sold. (B) Inspect a factory, warehouse, establishment, vehicle, or place described in subparagraph (A), and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. In the case of a factory, warehouse, or establishment where jewelry is manufactured, packed, held, or sold, this inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the jewelry is being manufactured, packed, held, transported, sold, or offered for sale or for promotional purposes in violation of this article. (2) (A) An authorized representative of the department may secure a sample of jewelry when taking an action authorized pursuant to this subdivision. If the representative obtains a sample prior to leaving the premises, he or she shall leave a receipt describing the sample obtained. (B) The department shall return, upon request, a sample that is not destroyed during testing when the department no longer has any purpose for retaining the sample. (C) A sample that is secured in compliance with this section and found to be in compliance with this article that is destroyed during testing shall be subject to a claim for reimbursement. (3) An authorized representative of the department shall have access to all records of a carrier in commerce relating to the movement in commerce of jewelry, or the holding of that jewelry during or after the movement, and the quantity, shipper, and consignee of the jewelry. A carrier shall not be subject to the other provisions of this article by reason of its receipt, carriage, holding, or delivery of jewelry in the usual course of business as a carrier. (4) An authorized representative of the department shall be deemed to have received implied consent to enter a retail establishment, for purposes of this section, if the authorized representative enters the location of that retail establishment where the public is generally granted access. (Amended by Stats. 2011, Ch. 473, Sec. 2. (SB 646) Effective January 1, 2012.)
25214.3.1.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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Manufacturers or suppliers of covered jewelry must keep compliance documentation, prepare a certification about lead/cadmium content, and provide or display that certification.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.3.1. (a) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare and, at the request of the department, submit to the department no more than 28 days after the date of the request, technical documentation or other information showing that the jewelry is in compliance with the requirements of this article. (b) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare a certification. This certification shall attest that the jewelry does not contain a level of lead or cadmium that prohibits the jewelry from being sold or offered for sale pursuant to this article and shall do all of the following: (1) Identify the jewelry covered by the certificate, including a description of the jewelry that is sufficiently detailed to match the certificate to each product covered by the certificate and that could not be used to describe any jewelry that is not covered by the certificate. (2) Cite to each separate rule or standard for which the jewelry is being certified. (3) Identify the manufacturer or supplier certifying compliance of the jewelry, including the name, full mailing address, and telephone number of the manufacturer or supplier. (4) Include the contact information for the person maintaining records of the test results of jewelry tested for purposes of this article, including the name, full mailing address, email address, and telephone number of that person. (5) Include the date on which the jewelry was manufactured, including at least the month and year. (6) Include the location where the jewelry was manufactured, including at least the city or administrative region, state, if applicable, and country where the product was manufactured or finally assembled. If the same manufacturer operates more than one location in the same city, the street address of the factory shall be included. (7) Include the date or dates on which, and the location or locations where, the jewelry was tested for purposes of certification. (8) Identify any third-party laboratory that performed the testing for purposes of certification, including the name, full mailing address, and telephone number of the laboratory. (c) A manufacturer or supplier of jewelry sold or offered for promotional purposes in this state shall do either of the following: (1) Provide the certification required by subdivision (b) to a person who sells or offers for sale that manufacturer’s or supplier’s jewelry. (2) Display the certification required by subdivision (b) prominently on the shipping container or on the packaging of jewelry. (Amended by Stats. 2019, Ch. 379, Sec. 5. (SB 647) Effective January 1, 2020.)
25214.3.2.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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Retail jewelry sellers are exempt from administrative or civil penalties for a violation of this article if they meet specified proof and compliance conditions, unless subdivision (b) 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.3.2. (a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to an administrative or civil penalty for a violation of this article if the person proves, by a preponderance of evidence, all of the following: (1) The person received a certificate of compliance for the jewelry from the manufacturer or supplier. (2) The certificate of compliance received pursuant to paragraph (1) stated that the jewelry is in compliance with the requirements of this article. (3) The person relied on the certificate of compliance and did not know, and had no reason to know, that the jewelry was in violation of this article. (4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the jewelry from commerce. (b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action. (Added by Stats. 2008, Ch. 575, Sec. 5. Effective January 1, 2009.)
25214.3.3.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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A jewelry manufacturer or supplier who knowingly and intentionally makes, ships, sells, or promotes jewelry containing lead or cadmium in violation of the article commits a misdemeanor and may be fined or jailed.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.3.3. A manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead or cadmium in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Amended by Stats. 2010, Ch. 313, Sec. 5. (SB 929) Effective January 1, 2011.)
25214.3.4.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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A jewelry manufacturer or supplier must not knowingly and with intent to deceive falsify required documents or certificates.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.3.4. A manufacturer or supplier of jewelry who knowingly and with intent to deceive, falsifies any document or certificate required to be kept or produced pursuant to this article is subject to a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Added by Stats. 2008, Ch. 575, Sec. 7. Effective January 1, 2009.)
25214.3.5.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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This section preserves the department’s authority to implement Article 14 and add products to its product registry, and says cadmium-containing jewelry is not treated as already regulated or pending regulation for Article 14 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.3.5. (a) This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing with Section 25251), including the authority of the department to include products in its product registry. (b) Notwithstanding subdivision (c) of Section 25257.1, cadmium-containing jewelry shall not be considered as a product category already regulated or subject to pending regulation for purposes of Article 14 (commencing with Section 25251). (Added by Stats. 2010, Ch. 313, Sec. 6. (SB 929) Effective January 1, 2011.)
25214.4.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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Compliance testing for this article must follow specified EPA methods and lab procedures, and certain alternative methods may be used only under stated 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.4. (a) The test methods for determining compliance with this article shall be conducted using the EPA reference methods 3050B, 3051A, or 3052, as specified in EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846 (Third Edition, or subsequent update, as applicable) for lead and cadmium in the material being tested, except as otherwise provided in subdivision (b) and Sections 24214.4.1 and 25214.4.2, and shall be conducted in accordance with all of the following procedures: (1) When preparing a sample, the laboratory shall make every effort to ensure that the sample removed from a jewelry piece is representative of the component to be tested, and is free of contamination from extraneous dirt and material not related to the jewelry component to be tested. (2) All jewelry component samples shall be washed prior to testing using standard laboratory detergent, rinsed with laboratory reagent grade deionized water, and dried in a clean ambient environment. (3) If a component is required to be cut or scraped to obtain a sample, the metal snips, scissors, or other cutting tools used for the cutting or scraping shall be made of stainless steel and washed and rinsed before each use and between samples. (4) A sample shall be digested in a container that is known to be free of lead and cadmium and with the use of an acid that is not contaminated by lead or cadmium, including analytical reagent grade digestion acids and reagent grade deionized water. (5) Method blanks, consisting of all reagents used in sample preparation handled, digested, and made to volume in the same exact manner and in the same container type as samples, shall be tested with each group of 20 or fewer samples tested. (6) The results for the method blanks shall be reported with each group of sample results, and shall be below the stated reporting limit for sample results to be considered valid. (7) Test methods selected shall be those that best demonstrate they can achieve total digestion of the sample material being analyzed. Test methods shall not be used if they are inconsistent with the specified application of the test method or do not demonstrate the best performance or proficiency for achieving total digestion of the sample material. (b) Notwithstanding subdivision (a) and Section 25214.4.1, test methods for determining compliance with the limits for lead in children’s jewelry in subdivision (c) of Section 25214.2 include those permissible to demonstrate compliance with the federal Consumer Product Safety Improvement Act of 2008 (Public Law 110-314). The test method for determining compliance with subparagraph (B) of paragraph (1) of subdivision (d) of Section 25214.2 shall be the same test method used to demonstrate compliance with Section 2056b of Title 15 of the United States Code. (c) Digested samples shall be analyzed according to the specification of an approved and validated methodology using inductively coupled plasma optical emission spectroscopy. Other analytical methods, such as inductively coupled plasma mass spectrometry, flame atomic absorption spectroscopy, graphite furnace atomic absorption spectroscopy, or other technology, may be used under appropriate conditions, using applicable, recognized analytical techniques for the alternative method to achieve a reported quantitation limit no greater than 0.001 percent (10 parts per million) for samples. (d) All testing for determining compliance with this article shall be performed by a laboratory that conforms to the requirements in Article 8.5 (commencing with Section 25198). (Amended by Stats. 2019, Ch. 379, Sec. 6. (SB 647) Effective January 1, 2020.)
25214.4.1.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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This section sets detailed laboratory testing procedures and sample-handling requirements for different materials, including metals, PVC, plastics, coatings, dyes, glass, and crystal.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.4.1. In addition to the requirements of Section 25214.4, the following procedures shall be used for testing the following materials: (a) For testing a metal plated with suitable undercoats and finish coats, the following protocols shall be observed: (1) Digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide. (2) The sample size shall be 0.050 gram to one gram. (3) The digested sample may require dilution prior to analysis. (4) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument. (b) For testing unplated metal and metal substrates that are not a material listed in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 25214.2, the following protocols shall be observed: (1) Digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide. (2) The sample size shall be 0.050 gram to one gram. (3) The digested sample may require dilution prior to analysis. (4) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument. (c) For testing polyvinyl chloride (PVC), the following protocols shall be observed: (1) The digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide. (2) The sample size shall be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and shall be chopped or comminuted prior to digestion. (3) Digested samples may require dilution prior to analysis. (4) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument. (d) For testing plastic or rubber that is not polyvinyl chloride (PVC), including acrylic, polystyrene, plastic beads, or plastic stones, the following protocols shall be observed: (1) The digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide. (2) The sample size shall be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and shall be chopped or comminuted prior to digestion. (3) Plastic beads or stones shall be crushed prior to digestion. (4) Digested samples may require dilution prior to analysis. (5) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument. (e) For testing coatings on glass and plastic pearls, the following protocols shall be observed: (1) The coating of glass or plastic beads shall be scraped onto a surface free of dust, including a clean weighing paper or pan, using a clean stainless steel razor blade or other clean sharp instrument that will not contaminate the sample with lead or cadmium. The substrate pearl material shall not be included in the scrapings. (2) The razor blade or sharp instrument shall be rinsed with deionized water, wiped to remove particulate matter, rinsed again, and dried between samples. (3) The scrapings shall be weighed and not less than 50 micrograms of scraped coating shall be used for analysis. If less than 50 micrograms of scraped coating is obtained from an individual pearl, multiple pearls from that sample shall be scraped and composited to obtain a sufficient sample amount. (4) The number of pearls used to make the composite shall be noted. (5) The scrapings shall be digested according to EPA reference method 3050B or 3051 or an equivalent procedure for hot acid digestion in preparation for trace lead or cadmium analysis. (6) The digestate shall be diluted in the minimum volume practical for analysis. (7) The sample result shall be reported within the calibrated range of the instrument. If the initial test of the sample is above the highest calibration standard, the sample shall be diluted and reanalyzed within the calibrated range of the instrument. (f) For testing dyes, paints, coatings, varnish, printing inks, or ceramic glazes, the following testing protocols shall be observed: (1) The digestion shall use hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide. (2) The sample size shall be not less than 0.050 gram, and shall be chopped or comminuted prior to digestion. (3) The digested sample may require dilution prior to analysis. (4) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument. (g) For testing glass and crystal, the following protocols shall be used: (1) For determining weight: (A) A component shall be free of any extraneous material, including adhesive, before it is weighed. (B) The scale used to weigh a component shall be calibrated annually by a qualified vendor using reference mass standards that are traceable to the National Institute of Standards and Technology (NIST) of the Department of Commerce or the International System of Units (SI) and shall be verified daily before weighing the component. (C) The calibration of the scale shall be accurate to within 0.0001 gram. (2) Both of the following testing protocols shall be observed: (A) The glass and crystal component shall be crushed or grounded to powder form before digestion and shall be digested according to the United States Environmental Protection Agency Test Method 3052 using hydrofluoric acid in a microwave or an equivalent method to yield complete digestion. (B) The digestate shall be diluted in the minimum volume practical for analysis. (Amended by Stats. 2019, Ch. 379, Sec. 7. (SB 647) Effective January 1, 2020.)
25214.4.2.
## 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 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )
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The department may adopt regulations to implement this article, including regulations that change the testing protocols in the cited sections.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2] ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. ) ## 25214.4.2. The department may adopt regulations to implement this article, including, but not limited to, adopting regulations that modify the testing protocols specified in Sections 25214.4 and 25214.4.1, as it deems necessary to further the purposes of this article. (Amended by Stats. 2008, Ch. 575, Sec. 9. Effective January 1, 2009.)
25214.4.3.
## 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 10.1.2. Lead Plumbing Monitoring and Compliance Testing [25214.4.3- 25214.4.3.] ( Article 10.1.2 added by Stats. 2008, Ch. 581, Sec. 2. )
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The department must carry out lead plumbing monitoring and compliance testing, select up to 75 drinking water faucets or other plumbing fixtures each year, use adequate test methods, and publish and report the results annually.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.1.2. Lead Plumbing Monitoring and Compliance Testing [25214.4.3- 25214.4.3.] ( Article 10.1.2 added by Stats. 2008, Ch. 581, Sec. 2. ) ## 25214.4.3. (a) Lead plumbing monitoring and compliance testing shall be undertaken by the department, as a part of the department’s ongoing program for reducing toxic substances from the environment. (b) For purposes of implementing this article, the department shall, based on its available resources and staffing, annually select not more than 75 drinking water faucets or other drinking water plumbing fittings and fixtures for testing and evaluation, including the locations from which to select the faucets, fittings, and fixtures, to determine compliance with Section 116875. (c) In implementing this article, the department shall use test methods, protocols, and sample preparation procedures that are adequate to determine total lead concentration in a drinking water plumbing fitting or fixture to determine compliance with the standards for the maximum allowable total lead content set forth in Section 116875. (d) (1) In selecting drinking water faucets and other drinking water plumbing fittings and fixtures to test and evaluate pursuant to this article, the department shall exercise its judgment regarding the specific drinking water plumbing fittings or fixtures to test. (2) This article does not require the department’s selection to be either random or representative of all available plumbing fittings or fixtures. (3) The department shall acquire its samples of fittings and fixtures from locations that are readily accessible to the public at either retail or wholesale sources. (e) The department shall annually post the results of the testing and evaluation conducted pursuant to this article on its Internet Web site and shall transmit these results in an annual report to the State Department of Public Health. (Added by Stats. 2008, Ch. 581, Sec. 2. Effective January 1, 2009.)
25214.5.
## 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 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. )
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This section defines “mercury-containing motor vehicle light switch” as a motor vehicle light switch in the hood or trunk that contains mercury.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. ) ## 25214.5. For purposes of this article, “mercury-containing motor vehicle light switch” means any motor vehicle light switch found in the hood or trunk of a motor vehicle that contains mercury. (Added by Stats. 2001, Ch. 656, Sec. 4. Effective January 1, 2002.)
25214.6.
## 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 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. )
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Mercury-containing motor vehicle light switches removed from vehicles are subject to specified California regulations and any other applicable 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 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. ) ## 25214.6. Any mercury-containing motor vehicle light switch removed from a motor vehicle is subject to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations, and any other applicable regulation adopted by the department pursuant to this chapter, including, but not limited to, standards for the handling of hazardous waste, standards for destination facilities, requirements for the tracking of universal waste shipments, import requirements, and the regulations governing different products. (Added by Stats. 2001, Ch. 656, Sec. 4. Effective January 1, 2002.)
25214.7.
## 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 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. )
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The department must coordinate with local agencies, encourage recycling and replacement services, and provide public information about mercury-containing motor vehicle light switches.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. ) ## 25214.7. The department shall do all of the following: (a) Coordinate with local agencies to provide technical assistance to businesses engaged in the dismantling or crushing of motor vehicles concerning the safe removal and proper disposal of mercury-containing light switches from motor vehicles, including information about vehicle makes and models that contain mercury light switches and entities that provide mercury recycling services. (b) Coordinate and encourage entities, such as associations representing motor vehicle repair shops, to offer to the public the replacement and recycling of mercury-containing motor vehicle light switches. (c) Make available to the public information concerning services to replace and recycle mercury-containing motor vehicle light switches. (Added by Stats. 2001, Ch. 656, Sec. 4. Effective January 1, 2002.)
25214.8.
## 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 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. )
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The department must report to the Legislature’s appropriate policy and fiscal committees by January 1, 2004.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2. Motor Vehicle Switches [25214.5 - 25214.8] ( Article 10.2 added by Stats. 2001, Ch. 656, Sec. 4. ) ## 25214.8. On or before January 1, 2004, the department shall report to the appropriate policy and fiscal committees of the Legislature on both of the following: (a) The success of efforts to remove mercury-containing vehicle light switches from vehicles pursuant to Section 25214.6. (b) Compliance with the requirement to remove mercury-containing appliance switches pursuant to Section 42175 of the Public Resources Code. (Added by Stats. 2001, Ch. 656, Sec. 4. Effective January 1, 2002.)
25214.8.1.
## 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. )
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This section defines mercury-added products and several specific mercury-containing devices, including thermostats, relays, switches, and diostats.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. ) ## 25214.8.1. (a) The Legislature finds and declares all of the following: (1) Once mercury is released into the environment it can change to methyl mercury, a highly toxic compound. Methyl mercury is easily taken up in living tissue and bioaccumulates over time, causing serious health effects, including neurological and reproductive disorders in humans and wildlife. Since mercury does not break down in the environment, it has become a significant health threat to humans and wildlife. (2) Due to the bioaccumulation of mercury and other contaminants in fish, the California Environmental Protection Agency has issued a warning advising that adults and women who are pregnant or who may become pregnant should limit their fish intake from several state waterways. (3) Increasingly stringent mercury discharge limits for wastewater treatment plants make the identification and elimination of unnecessary sources of mercury a critical task, because the cost of mercury removal at a wastewater treatment plant is far greater than the societal benefits of continuing use of mercury-containing products, as currently formulated. (4) Thermostats and other switches and relays are among the largest remaining sources of mercury in consumer products that can be legally sold in California. (5) Most thermostats contain 3,000 milligrams of mercury and have a 35-year lifespan. (6) Many other mercury-containing switches hold up to 4 grams of mercury, and mercury-containing relays hold as much as 153 grams. (7) Esophageal dilators contain as much as two pounds of mercury. (8) Mercury thermostats, switches, relays, measuring devices, esophageal dilators, and gastrointestinal tubes are hazardous waste when discarded, and on and after January 1, 2006, all mercury thermostat, switch, relay, measuring device, esophageal dilator, and gastrointestinal tube wastes will be prohibited from disposal in a solid waste landfill under the regulations adopted pursuant to this chapter. (9) Economical alternatives to mercury thermostats, relays, switches, measuring devices, esophageal dilators, and gastrointestinal tubes are available for commercial and, when applicable, residential applications. (b) For purposes of this article the following definitions shall apply: (1) “Mercury-added product” means any product or device that contains mercury. (2) “Mercury-added thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. A mercury-added thermostat includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process. (3) “Mercury relay” means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit. “Mercury relay” includes, but is not limited to, mercury displacement relays, mercury wetted reed relays, and mercury contact relays. (4) “Mercury switch” means a mercury-added product or device that opens or closes an electrical circuit or gas valve. (A) A mercury switch includes, but is not limited to, mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors. (B) A mercury switch does not include a mercury-added thermostat or a mercury diostat. (C) “Mercury diostat” means a mercury switch that controls a gas valve in an oven or oven portion of a gas range. (Amended by Stats. 2005, Ch. 578, Sec. 2. Effective January 1, 2006.)
25214.8.10.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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This section names the article the Mercury Thermostat Collection Act of 2021 and says it 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 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.10. This article shall be known, and may be cited, as the Mercury Thermostat Collection Act of 2021. (Amended by Stats. 2021, Ch. 703, Sec. 3. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.11.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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This section defines key terms used in the Mercury Thermostat Collection Act of 2021.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.11. For purposes of this article, the following definitions apply: (a) “Act” means the Mercury Thermostat Collection Act of 2021. (b) “Department” means the Department of Toxic Substances Control. (c) “Manufacturer” means a business concern that owns or owned a name brand of mercury-added thermostats sold in this state before January 1, 2006. (d) “Mercury-added thermostat” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 25214.8.1. (e) “Out-of-service mercury-added thermostat” means a mercury-added thermostat that is removed from a building or facility in this state and is intended to be discarded. (f) “Program” means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively by a group of manufacturers pursuant to this act. “Program” also includes the education and outreach campaign conducted by a qualified third party to inform appropriate entities about the out-of-service mercury-added thermostat collection opportunities provided by the program. (g) “Qualified third party” means a nonprofit organization, exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)), that is selected by a manufacturer, or group of manufacturers, pursuant to Section 25214.8.11.4 to implement the program. (h) “Retailer” means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including, but not limited to, a sale using catalogs or the internet. A retailer may be a wholesaler if the person meets the definition of a wholesaler set forth in subdivision (j). (i) “Thermostat” means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Thermostat” includes a thermostat used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include a thermostat used to sense and control temperature as part of a manufacturing process. (j) “Wholesaler” means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components, and whose total wholesale sales account for 80 percent or more of total sales. A manufacturer, as defined in subdivision (c), is not a wholesaler. (Amended by Stats. 2021, Ch. 703, Sec. 4. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.11.2.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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Manufacturers must make annual payments and notices, fund a third-party education campaign, and follow fund-use restrictions; late payments accrue interest and missed payments can trigger a sales ban.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.11.2. (a) (1) (A) On or before September 30, 2022, and on or before September 30 of each year thereafter until September 30, 2028, each manufacturer shall, in accordance with this section, individually, or collectively with a group of manufacturers, do both of the following: (i) Pay to the department an aggregate total, calculated in accordance with paragraph (2), and not to exceed four hundred thousand dollars ($400,000), to cover the actual and reasonable regulatory costs incurred by the department to administer, implement, and enforce this act for the fiscal year in which the payment is made. (ii) Pay to the qualified third party the amount required pursuant to the annual payment schedule outlined in paragraph (1) of subdivision (e) and provide to the department written notice of each payment. (B) On or before September 30, 2022, each manufacturer shall, in accordance with this section, individually, or collectively with a group of manufacturers, pay to the department an amount equal to the department’s actual and reasonable regulatory costs incurred to administer, implement, and enforce this act from January 1, 2022, to June 30, 2022, inclusive. (C) If September 30 falls on a Saturday or Sunday, a payment required pursuant to subparagraphs (A) and (B) shall be due on the following Monday. (D) A late payment pursuant to clause (i) of subparagraph (A) or subparagraph (B) shall be subject to interest beginning October 1 at a rate of 10 percent per annum pursuant to subdivision (a) of Section 79655. (2) The total aggregate amount required to be paid to the department pursuant to clause (i) of subparagraph (A) of paragraph (1) shall be based on the sum of both of the following, less the amount of any fees paid by a manufacturer, or group of manufacturers, for the prior fiscal year that exceeded the department’s actual and reasonable regulatory costs to administer, implement, and enforce this act for that prior fiscal year: (A) An amount that conforms to the total amount of moneys appropriated by the Legislature for expenditure that fiscal year from the fund, which shall not exceed the department’s actual and reasonable regulatory costs to administer, implement, and enforce this act for that fiscal year. (B) An amount necessary to ensure a reasonable reserve in the fund that fiscal year for contingencies, including to ensure that funded programs will not be adversely affected by additional baseline expenditure adjustments that may occur in that fiscal year, as determined by the Department of Finance. (3) (A) The department shall deposit all moneys paid by a manufacturer, or group of manufacturers, to the department pursuant to clause (i) of subparagraph (A) of paragraph (1) and subparagraph (B) of paragraph (1) into the Mercury Thermostat Collection Program Fund, which is hereby established. (B) Upon appropriation by the Legislature, moneys in the Mercury Thermostat Collection Program Fund shall be used only for the following purposes: (i) The department’s actual and reasonable regulatory costs in administering, implementing, and enforcing this act. (ii) Reimbursement of any loans made to the Mercury Thermostat Collection Program Fund or repayment of any expenditures made from any other fund to finance the department’s actual and reasonable regulatory costs incurred to administer, implement, and enforce this act from January 1, 2022, to June 30, 2022, inclusive. (iii) The actual and reasonable regulatory costs incurred by any other agency assisting the department in administering, implementing, and enforcing this act. (C) Notwithstanding any other law, moneys in the Mercury Thermostat Collection Program Fund shall not be loaned to, or borrowed by, any other special fund or the General Fund. (D) Moneys in the Mercury Thermostat Collection Program Fund shall not be expended for any purpose not enumerated in this act. (b) (1) A manufacturer may individually remit a payment required pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a), or a group of manufacturers may remit a payment on behalf of a group of manufacturers. Manufacturers shall apportion a payment or payments required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) among themselves in a fair and reasonable manner. (2) If a payment required pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) is made on behalf of a group of manufacturers, the names of the manufacturers shall be included with the payment and in the written notice to the department required pursuant to clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a) so the department can determine each manufacturer’s compliance with this act. If a manufacturer that is part of a group of manufacturers making a payment required pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) fails to make a payment, the group of manufacturers shall provide to the department a written notice of the nonpaying manufacturer’s identity and the apportioned payment amount for which the nonpaying manufacturer is responsible. (c) If a manufacturer fails to make a payment pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) in accordance with this section, or pursuant to subdivision (f), the manufacturer’s thermostats shall be subject to a sales ban pursuant to subdivision (b) of Section 25214.8.12. (d) (1) The Legislature intends that, by timely making all payments required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) and all payments required pursuant to subdivision (f), a manufacturer shall be deemed to have satisfied, and will have discharged or be released from, any liability, obligation, or violation established or alleged pursuant to this article, including the regulations adopted by the department pursuant to former Section 25214.8.17, as it existed before January 1, 2022. (2) If a manufacturer timely makes all payments required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) and all payments required pursuant to subdivision (f), any consent order, summary of violation or violations, or other instrument or document, including, but not limited to, the February 10, 2016, Consent Order entered into between the department and 25 mercury-added thermostat manufacturers pursuant to Section 25187 and former Section 25214.8.17, establishing or alleging liability, obligations, or violations of that manufacturer pursuant to this article, including the regulations adopted by the department pursuant to former Section 25214.8.17, as it existed before January 1, 2022, shall be deemed stayed prior to the expiration of this act and deemed satisfied, discharged, released, or terminated upon the expiration of this act. (e) (1) A manufacturer, or group of manufacturers, shall do all of the following: (A) Provide to the qualified third party two million dollars ($2,000,000) in the first program year to effectively and efficiently develop and implement the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5. (B) Provide to the qualified third party one million two hundred thousand dollars ($1,200,000) annually in each of the subsequent five program years to carry out the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5. (C) Provide to the qualified third party one million one hundred thousand dollars ($1,100,000) in the seventh program year to carry out the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5. (D) Provide to the qualified third party an amount equal to the annual costs estimated by the qualified third party to develop and implement the program pursuant to this act. (2) Any funds provided to the qualified third party pursuant to paragraph (1) that are not expended by the qualified third party in the program year in which the funds were received may be used by the qualified third party the following program year for the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5. (f) A manufacturer, or group of manufacturers, on or before January 1, 2023, and on or before January 1 of each year thereafter until January 1, 2029, shall provide to the qualified third party an amount equal to the actual costs incurred by the qualified third party that exceed the amount provided to the qualified third party pursuant to subparagraph (D) of paragraph (1) of subdivision (e). (Amended by Stats. 2023, Ch. 131, Sec. 112. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.11.4.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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Manufacturers must hire or retain a qualified third party by March 1, 2022, and issue a request for proposals to select that third party.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.11.4. (a) On or before March 1, 2022, a manufacturer, or group of manufacturers, shall contract with or retain a qualified third party to develop and implement a convenient, cost-effective, and efficient program consistent with this act. (b) A manufacturer, or group of manufacturers, shall issue a request for proposals for a qualified third party to develop and implement the program required pursuant to this act. The manufacturer, or group of manufacturers, shall consider all of the following factors when selecting a qualified third party to develop and implement the program: (1) The qualified third party’s history and success of operating product takeback collection programs. (2) The qualified third party’s ability to identify and provide information to consumers about out-of-service mercury-added thermostat collection locations. (3) The qualified third party’s ability to ensure that transportation systems move waste safely and effectively. (4) The qualified third party’s history of working with recycling or disposal experts, manufacturers, state and local governments, and retailers. (5) The qualified third party’s ability to implement an effective education and outreach campaign. (6) The qualified third party’s presence in the state and its ability to adequately engage with stakeholders in the state to develop and implement the program. (7) Any other factors determined by the manufacturer, or group of manufacturers, to be relevant to the selection of a qualified third party to develop and implement the program. (Added by Stats. 2021, Ch. 703, Sec. 6. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.11.5.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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A qualified third party for the thermostat program must collect and manage out-of-service mercury-added thermostats, keep collection sites convenient, run outreach and materials, maintain a public website, coordinate with other stakeholders, and provide at least $30 per collected thermostat in incentives.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.11.5. A qualified third party selected by a manufacturer, or group of manufacturers, to develop and implement the program shall do all of the following: (a) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act, unless these activities are performed by a manufacturer, or group of manufacturers, pursuant to paragraph (1) of subdivision (a) of Section 25214.8.13. (b) (1) Ensure that the locations and methods established pursuant to the program to collect out-of-service mercury-added thermostats are sufficiently convenient in all parts of the state, including within rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713, to encourage the collection of out-of-service mercury-added thermostats. For the purpose of this paragraph, “sufficiently convenient” means both of the following: (A) For at least 90 percent of state residents, a collection location is located within 15 miles of their residence. (B) At least one collection location in each county in the state, unless there is no collection location in the county that is required to participate under this act or willing to participate voluntarily. (2) The qualified third party may, in its discretion, provide for and establish a greater number of collection locations than required pursuant to paragraph (1) to maximize convenience and encourage the collection of out-of-service mercury-added thermostats. (c) On or before July 1, 2022, develop and implement, and update as necessary, a statewide educational and outreach campaign to inform appropriate entities about the importance of safe recycling and disposal of out-of-service mercury-added thermostats, where and how to access out-of-service mercury-added thermostat collection locations, and how to access available out-of-service mercury-added thermostat collection incentives, as well as to coordinate program activities with various stakeholders, including, but not limited to, all of the following: (1) The Contractors State License Board. (2) Heating, ventilation, and air-conditioning contractors. (3) Demolition and environmental contractors, and related associations. (4) Municipal utility districts. (5) Household hazardous waste collection programs. (6) Apartment and property management associations and organizations. (7) Homeowners. (8) Rural districts. (9) Retailers. (10) Disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, or low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713. (11) The general public. (12) The Public Utilities Commission. (13) The State Energy Resources Conservation and Development Commission. (d) (1) On or before July 1, 2022, create and distribute informational materials about the program that include, but are not limited to, all of the following: (A) Signage that is prominently displayed and easily visible to consumers and contractors. (B) Written materials and templates of materials for reproduction by retailers and wholesalers to be provided to consumers at the time of purchase, delivery, or both purchase and delivery of a thermostat. The materials shall include information on the prohibition of improper disposal of out-of-service mercury-added thermostats, requirements for the proper management of out-of-service mercury-added thermostats, out-of-service mercury-added thermostat collection locations, and the availability of out-of-service mercury-added thermostat collection bins. (C) Advertising or other promotional materials, or both, that include references to out-of-service mercury-added thermostat collection opportunities. (D) Materials to be used in direct communications with consumers and contractors at the time of purchase of a thermostat. (E) A public service announcement promoting the proper management of out-of-service mercury-added thermostats, and a plan for a public service campaign using the public service announcement that includes the media and markets into which the public service announcement is to be distributed and aired on behalf of the program. Copies of the public service announcement shall be provided to the department for its use and promotion. (F) Written materials, signage, and other advertising and promotional materials that provide information to consumers about how to access the available out-of-service mercury-added thermostat collection incentives. (2) The informational materials created and distributed by the qualified third party pursuant to this subdivision shall be made available in a manner necessary to ensure that the informational materials are available to and accessible by all state residents, and shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean where any of these languages are spoken by a substantial number of the public to which the materials are being distributed. (e) (1) On or before July 1, 2022, establish an internet website for the program that is accessible to the public. The qualified third party shall post all of the following on the internet website: (A) Templates of educational materials, in a form and format that can be easily downloaded. (B) Location information, by county, of all established out-of-service mercury-added thermostat collection sites in the state. Location information shall be posted and updated in a manner that allows members of the public to easily identify the most convenient location for collection of out-of-service mercury-added thermostats. (C) Information about accessing available out-of-service mercury-added thermostat collection incentives. (2) The department shall display on its internet website a link to the internet website for the program established by the qualified third party pursuant to paragraph (1). (f) On or before July 1, 2022, develop strategies to work with all of the following to encourage their participation in the collection and proper management of out-of-service mercury-added thermostats: (1) State utilities participating in demand response programs involving the replacement of thermostats. These strategies may include the inclusion of an educational insert in their customers’ utility bills. (2) Wholesalers of thermostats in the state. (3) Retailers and other outlets that sell thermostats directly to consumers in the state. (4) Household hazardous waste collection facilities to partner with local take-back centers, including retailers and wholesalers, to facilitate convenient out-of-service mercury-added thermostat collection options for community members. (g) (1) Provide out-of-service mercury-added thermostat collection incentives to consumers, of no less than thirty dollars ($30) per out-of-service mercury-added thermostat collected, and educate contractors, service technicians, and residents on the availability of the incentives. (2) (A) A collection incentive available pursuant to paragraph (1) shall be available only to a consumer or service technician that attests, under penalty of perjury, to both of the following: (i) Their California state residency. (ii) That the returned out-of-service mercury-added thermostat or thermostats were removed from a building or facility in the state. (B) For the purpose of subparagraph (A), “consumer” means an individual resident of the state who returns an out-of-service mercury-added thermostat to an established collection location and who is not a retailer or wholesaler. (h) Notwithstanding any other provision in this act, the qualified third party shall only be required to implement subdivisions (c) to (f), inclusive, after January 1, 2029, if unspent funds from previous program years are available to further the implementation of these subdivisions. (Added by Stats. 2021, Ch. 703, Sec. 7. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.11.6.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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The qualified third party must submit a plan to the department by June 1, 2022, and the department must review, approve, conditionally approve, or disapprove it within set time 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.11.6. (a) On or before June 1, 2022, the qualified third party shall provide to the department for review and approval the plan developed by the qualified third party to carry out the program elements identified in Sections 25214.8.11.5 and 25214.8.13. (b) (1) Within 30 days of receipt of the qualified third party’s plan pursuant to subdivision (a), the department shall review the plan, determine whether the plan is complete, and notify the qualified third party, in writing, of the department’s determination. For the purpose of the department’s determination, the qualified third party’s plan shall be deemed complete if the plan addresses each program element identified in Sections 25214.8.11.5 and 25214.8.13. (2) If the department determines that the plan is incomplete, the department shall identify, in writing, what additional information or modifications must be submitted to the department by the qualified third party to complete the plan. The qualified third party shall submit to the department a revised plan within 30 days of the date of the department’s written notification. The department shall review the revised plan within 30 days of receipt of the plan. (c) (1) If the department determines that the plan submitted pursuant to subdivision (a) or revised plan submitted pursuant to paragraph (2) of subdivision (b) is complete, the department shall have 30 days from the date of its determination to review and approve the plan or revised plan. (2) The department shall review the plan or revised plan for compliance with this act and shall do any of the following: (A) Approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s approval of the plan. (B) Conditionally approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s conditional approval of the plan. The department shall include in its written notification the basis for its conditional approval and describe, in detail, the requirements with which the qualified third party needs to comply in order to proceed to implement the plan in compliance with this act. (C) (i) Disapprove the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s disapproval of the plan. The department shall include in its written notification the basis for its disapproval and require the qualified third party to submit to the department a revised plan within 30 days of the date of the department’s written notification disapproving the plan. The department shall review the revised plan within 15 days of receipt. (ii) If the department determines that the revised plan submitted pursuant to clause (i) does not comply with this act, the manufacturer, or group of manufacturers, that contracted with or retained the qualified third party shall not be deemed to be in compliance with this act until the qualified third party submits, and the department approves or conditionally approves, a plan that complies with the requirements of this act. (d) The time taken by the department to review and approve the qualified third party’s plan or revised plan pursuant to this section shall toll the qualified third party’s July 1, 2022, deadline to develop and implement the statewide educational and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5 and the July 1, 2022, deadlines pursuant to clauses (ii) to (iv), inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Section 25214.8.13. (e) The program required by this article as it existed before January 1, 2022, shall remain in effect until the plan submitted by the qualified third party pursuant to this section is approved by the department and fully implemented by the qualified third party. (Amended by Stats. 2023, Ch. 131, Sec. 113. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.12.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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Manufacturers that are out of compliance can trigger a sales ban on their thermostats, and sellers must monitor the department website for listed noncompliant manufacturers.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.12. (a) A manufacturer that fails to have a plan submitted by the qualified third party approved by the department pursuant to Section 25214.8.11.6 or a manufacturer that fails to make a payment required pursuant to either subparagraph (A) or (B) of paragraph (1) of subdivision (a) or subdivision (f) of Section 25214.8.11.2 shall be subject to the sales ban pursuant to subdivision (b). (b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this act. (2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing noncompliant manufacturers is posted on the department’s internet website and shall remain in effect until the manufacturer is no longer listed on the department’s internet website. (c) On or before July 1, 2023, and on or before January 1 and July 1 of each year thereafter, the department shall post a notice on its internet website listing manufacturers that are not in compliance with this act. (d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s internet website to determine if the sale of a manufacturer’s thermostats is in compliance with subdivision (b). (Amended by Stats. 2022, Ch. 742, Sec. 2. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.13.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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Manufacturers or groups of manufacturers must collect and manage out-of-service mercury-added thermostats, provide free collection bins to specified requesters, arrange pickup or pay shipping, and file annual reports; the department must review the plan and report to the Legislature.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.13. (a) (1) (A) Subject to paragraph (2), each manufacturer, or group of manufacturers, shall do all of the following: (i) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act. (ii) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a wholesaler in the state that sells thermostats. (iii) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a retailer in the state that sells thermostats and requests a collection bin. (iv) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a local governmental agency that requests a collection bin for use at a household hazardous waste collection facility or household hazardous waste event, and at no cost to a licensed contractor that requests a collection bin. (v) Either arrange for pickup of the collection bins or pay for the costs of shipping the collection bins provided pursuant to clauses (ii) to (iv), inclusive, for proper handling and recycling or disposal of the out-of-service mercury-added thermostats. (vi) On or before April 1, 2023, and on or before April 1 of each year thereafter, submit an annual report to the department covering the one-year period ending December 31 of the previous calendar year. Each report shall also be posted on the internet website created by the qualified third party pursuant to subdivision (e) of Section 25214.8.11.5. The annual report shall include all of the following: (I) The number of out-of-service mercury-added thermostats collected in the state during the previous calendar year. (II) The estimated total amount of mercury contained in the collected out-of-service mercury-added thermostats. (III) The number of incentives provided to consumers and the total amount of incentives paid to consumers pursuant to the program during the previous calendar year. (IV) An evaluation of the effectiveness of the program and the extent to which each element of the planned activities has been successful or could be modified to improve the effectiveness of the program. (V) An accounting of the program administrative costs, including the most recent copy of Internal Revenue Service Form 990 for the qualified third party. (VI) A description of the outreach strategies employed to increase participation, convenience, and collection rates, including dedicated outreach to rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713, and an assessment of the effectiveness of those outreach strategies. (VII) Examples of outreach and educational materials used, including: (aa) A description of the education and outreach conducted for each of the groups identified in subdivision (c) of Section 25214.8.11.5. (ab) The date and form of education and outreach conducted for or at each collection location. (ac) Data describing the scope, by medium, of all education and outreach conducted by the qualified third party, including, as applicable, online, digital, social, print, broadcast, or other media. (VIII) Names and locations of all participating out-of-service mercury-added thermostat collection locations. (IX) The number of out-of-service mercury-added thermostats collected at each collection location. (X) The address for the internet website created by the qualified third party pursuant to subdivision (e) of Section 25214.8.11.5 where the annual report may be viewed online. (XI) A description of how the collected out-of-service mercury-added thermostats were managed. (XII) The results and analysis of the annual survey conducted by the qualified third party pursuant to Section 25214.8.13.5. (XIII) Proposed modifications to the program. (XIV) A description of the qualified third party’s expenditures incurred in developing and implementing the program. (B) Subject to paragraph (2), on or before June 1, 2022, a manufacturer, or group of manufacturers, shall provide to the department for review and approval the plan developed by the manufacturer, or group of manufacturers, to carry out the requirements of this paragraph. The department shall review the plan in accordance with the procedures and timeframes outlined in subdivisions (b) to (d), inclusive, of Section 25214.8.11.6. (2) A manufacturer, or group of manufacturers, may retain, but is not required to retain, the qualified third party to implement the requirements of paragraph (1). (b) (1) On or before January 1, 2028, the department shall report to the Legislature on the status of the program. (2) The department shall submit its report pursuant to paragraph (1) in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 742, Sec. 3. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.13.5.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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The qualified third party must run annual surveys, report the results to the department, publish the results online, and review comments for possible program changes.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.13.5. (a) No later than July 1, 2023, and no later than July 1 of each year thereafter until July 1, 2028, the qualified third party shall conduct an annual survey of the groups listed in subdivision (c) of Section 25214.8.11.5 to evaluate the effectiveness of the education and outreach campaign developed by the qualified third party pursuant to that subdivision and to obtain collection data. The qualified third party shall transmit the annual survey results to the department by September 1 of the same year. (b) The qualified third party shall post the results of the annual survey on the internet website created pursuant to subdivision (e) of Section 25214.8.11.5 and allow public comment on the survey for up to 30 calendar days after the survey is posted on the internet website. The department shall provide on its internet website a link to the qualified third party’s survey results and public comments. (c) Until December 31, 2028, the qualified third party shall review the annual survey responses and public comments and, if warranted, by November 1 of the same year, submit to the department for its review and approval proposals to modify the program. The department shall evaluate the qualified third party’s proposals, provide feedback on the proposals to the qualified third party, and render a decision on the proposed modifications no later than December 1 of the same year. The modified plan shall be implemented the following calendar year to ensure that all out-of-service mercury-added thermostat collection locations are thoroughly informed about the program and its collection tools and are provided with any technical assistance that may be needed to increase the program’s effectiveness at out-of-service mercury-added thermostat collection locations where warranted. (Amended by Stats. 2022, Ch. 742, Sec. 4. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.14.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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Certain thermostat sellers must support mercury-added thermostat collection and provide customer instructions and outreach materials.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.14. (a) A wholesaler that distributes new thermostats and that has a physical location in the state shall act as a collection location for out-of-service mercury-added thermostats. (b) A retailer or wholesaler that distributes new thermostats by mail to buyers in the state shall include with the sale of the new thermostat, an internet website address and a toll-free telephone number with instructions on obtaining a prepaid mail-in label that a consumer may use to send an out-of-service mercury-added thermostat to a collection location. (c) A wholesaler that distributes new thermostats shall distribute the educational and outreach materials developed by the qualified third party pursuant to Section 25214.8.11.5 to the wholesaler’s customers. (Amended by Stats. 2021, Ch. 703, Sec. 12. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.15.
## 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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A contractor who removes a mercury-added thermostat must take it to an authorized collection location.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.15. A contractor who installs heating, ventilation, and air-conditioning components and who removes a mercury-added thermostat shall take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats. (Amended by Stats. 2021, Ch. 703, Sec. 13. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.16.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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A person demolishing a building must remove any mercury-added thermostats before demolition and take the out-of-service thermostat to an authorized collection location.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.16. A person who demolishes a building shall remove any mercury-added thermostats from the building before demolition in accordance with all applicable statutes and regulations, and take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats. (Amended by Stats. 2021, Ch. 703, Sec. 14. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.17.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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The department must repeal a specified chapter of the California Code of 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 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.17. The department shall repeal Chapter 24 (commencing with Section 66274.1) of Division 4.5 of Title 22 of the California Code of Regulations. (Amended by Stats. 2022, Ch. 742, Sec. 5. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.18.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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A qualified third party is not liable under this chapter for violations of this act, and the department’s enforcement authority is not limited.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.18. (a) The collection, handling, storage, and management of out-of-service mercury-added thermostats pursuant to this act shall be performed in compliance with this chapter and its implementing regulations. (b) Nothing in this act shall be construed as affecting or modifying a person’s responsibility to otherwise comply with this chapter, including its implementing regulations, with respect to hazardous waste. (c) Except as provided, nothing in this act shall limit or restrict the department’s enforcement authority pursuant to this chapter and its implementing regulations. (d) Notwithstanding any other law, a qualified third party shall not be liable pursuant to this chapter for violations of this act. (Amended by Stats. 2022, Ch. 28, Sec. 91. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
25214.8.19.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. )
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This section sets sunset dates for the article, abolishes the Mercury Thermostat Collection Program Fund on November 30, 2032, and requires remaining unencumbered fund money to be refunded to certain manufacturers.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021 [25214.8.10 - 25214.8.19] ( Heading of Article 10.2.2 amended by Stats. 2021, Ch. 703, Sec. 2. ) ## 25214.8.19. (a) Unless otherwise provided in this article, the obligations imposed by this article shall remain in effect until January 1, 2030. (b) The Mercury Thermostat Collection Program Fund created by subparagraph (A) of paragraph (3) of subdivision (a) of Section 25214.8.11.2 shall be abolished on November 30, 2032. (c) Any unencumbered moneys remaining in the fund on November 30, 2032, shall be refunded to the manufacturer, or group of manufacturers, that paid to the department the fees required pursuant to clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) and subparagraph (B) of paragraph (1) of subdivision (a) of Section 25214.8.11.2. (d) This article shall remain in effect only until January 1, 2033, and as of that date is repealed. (Amended by Stats. 2022, Ch. 60, Sec. 31. (AB 203) Effective June 30, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 10.2.2, commencing with Section 25214.8.10.)
25214.8.2.
## 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. )
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A person may not sell, offer to sell, or distribute for promotional purposes a mercury-added thermostat in this state after January 1, 2006, unless it is for manufacturing or industrial use or for use by a blind or visually impaired person.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. ) ## 25214.8.2. On and after January 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury-added thermostat, unless the mercury-added thermostat meets either of the following criteria: (a) The thermostat will be used for manufacturing or industrial purposes. (b) The thermostat will be used by a blind or visually impaired person. (Added by Stats. 2004, Ch. 626, Sec. 1. Effective January 1, 2005.)
25214.8.3.
## 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. )
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A person may not sell, offer to sell, or distribute certain new or refurbished mercury-added products in this state on or after July 1, 2006, 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. ) ## 25214.8.3. (a) Except as provided in subdivision (b), on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, any of the following new or refurbished mercury-added products: (1) A barometer. (2) An esophageal dilator, bougie tube, or gastrointestinal tube. (3) A flow meter. (4) A hydrometer. (5) A hydrometer or psychometer. (6) A manometer. (7) A pyrometer. (8) A sphygmanometer. (9) A thermometer. (b) Subdivision (a) does not apply to the sale of a mercury-added product if the use of the product is required under a federal law or federal contract specification or if the only mercury-added component in the product is a button cell battery. (Added by Stats. 2005, Ch. 578, Sec. 3. Effective January 1, 2006.)
25214.8.4.
## 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. )
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A person generally may not sell, offer to sell, or distribute new or refurbished mercury switches or mercury relays for promotional purposes in this state after July 1, 2006, unless a listed 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. ) ## 25214.8.4. (a) Except as provided in subdivisions (b) to (e), inclusive, and Section 25214.8.5, on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a new or refurbished mercury switch or mercury relay individually or as a product component. (b) Subdivision (a) does not apply if the switch or relay is used to replace a switch or relay that is a component in a larger product in use prior to July 1, 2006, and one of the following applies: (1) The larger product is used in manufacturing. (2) The switch or relay is integrated in and not physically separate from other components of the larger product. (c) Subdivision (a) does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is required under federal law or federal contract specification. (d) Subdivision (a) does not apply to a mercury switch or a mercury relay that contains less than 1 milligram of mercury, if the manufacturer of the mercury switch or relay has notified the department of its plans to operate under an exemption pursuant to this subdivision. The notification shall be resubmitted to the department every three years. The initial and subsequent notifications shall be signed and dated, and shall include all of the following: (1) The name of the manufacturer and the name, position, and contact information for the person who is the manufacturer’s contact person on all matters concerning the exemption. (2) An identification and description of the mercury switch or mercury relay to which the exemption applies. (3) A statement that the manufacturer certifies all of the following: (A) The mercury switch or relay is hermetically sealed by the manufacturer. (B) The mercury switch or relay is intended for industrial use in test and measurement instruments or in systems for monitoring and control applications. (C) There is no substantially equivalent nonmercury alternative technology for the intended use of the switch or relay, considering all aspects of electrical performance, size, power consumption, product life, and cost. (D) (1) The manufacturer, individually, or in conjunction with an industry or trade group, has developed and implemented an ongoing program for the proper end-of-life collection, transportation, and management of exempted mercury switches or relays sold in this state, including the removal of the mercury switch or mercury relay from the product in which it is contained. (2) The program includes a consumer information component to ensure that users of the mercury switch or relay, and the products that contain the mercury switches or relays, are aware of available collection opportunities and legal requirements for management of the mercury switch or relay, once the switch or relay or the product becomes a waste. (E) The manufacturer recognizes that the exemption provided by this subdivision becomes null and void if and when either of the following occurs: (i) The manufacturer fails to submit a new exemption notification, meeting the requirements of this subdivision, within three years following submission of the prior exemption notification. (ii) Any of the conditions set forth in subparagraphs (A) to (D), inclusive, are no longer satisfied. (e) Subdivision (a) does not apply to the resale of a refurbished imaging and therapy system utilized for medical diagnostic purposes that includes a mercury switch or relay if the manufacturer of the imaging and therapy system has notified the department of its plans to operate under an exemption pursuant to this subdivision. The notification shall be signed and dated, and shall include all of the following: (1) The name of the manufacturer and the name, position, and contact information for the person who is the manufacturer’s contact person on all matters concerning the exemption. (2) An identification and description of the imaging and therapy system to which the exemption applies. (3) A statement that the manufacturer certifies all of the following: (A) The mercury switch or relay is integrated in, and not physically separate from, other components of the larger product. (B) The larger product was initially manufactured prior to July 1, 2006. (C) (1) The manufacturer, individually, or in conjunction with an industry or trade group, has developed and implemented an ongoing program for the proper end-of-life collection, transportation, and management of mercury switches or relays contained in exempted imaging and therapy systems sold in this state, including the removal of the mercury switch or mercury relay from the product in which it is contained. (2) The program includes a consumer information component to ensure that users of the products that contain the mercury switches or relays are aware of available collection opportunities and legal requirements for management of the mercury switch or relay, and the products that contain the mercury switches or relays, once the switch or relay or the product becomes a waste. (D) The manufacturer recognizes that the exemption provided by this subdivision becomes null and void if and when any of the conditions set forth in subparagraphs (A) and (B) are no longer satisfied. (Added by Stats. 2005, Ch. 578, Sec. 4. Effective January 1, 2006.)
25214.8.5.
## 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. )
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This section lets a product with a mercury switch or mercury relay get an exemption from the related ban if the manufacturer or a trade group applies and meets the 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. ) ## 25214.8.5. (a) A product containing a mercury switch or a mercury relay is exempt from subdivision (a) of Section 25214.8.4, if the manufacturer of the product, or a trade group representing the manufacture, has obtained an exemption, pursuant to the process described in subdivision (b), for the product. An exemption granted under subdivision (b) may apply to all or only to limited uses of the product. An exemption granted under subdivision (b) also applies to the sale to the product manufacturer of the mercury switch or relay to be contained in the product covered by the exemption. (b) The department shall grant, or renew, an exemption from subdivision (a) of Section 25214.8.4 for a period of three years only if all of the following conditions are met: (1) The manufacturer of the product, or a trade group representing the manufacturer, submits a request for an initial or renewed exemption to the department that specifies the use or uses of the product for which an exemption is requested along with supporting information that complies with the requirements set forth in subdivision (c). A manufacturer or trade group may submit a request only for a product and use for which there is no technical feasible alternative, available at a reasonable cost, to the use of the mercury switch or mercury relay in the product for purposes of that use. (2) The supporting information submitted by the manufacturer or trade group demonstrates that the product is eligible for the exemption. (3) The manufacturer or trade group requesting the exemption enters into a cost reimbursement agreement with the department, pursuant to subdivision (d), and complies with the terms of that agreement. (c) The supporting information that a manufacturer or trade group submits to the department, before the department may grant an exemption pursuant to subdivision (b), shall include all of the following: (1) The name of the manufacturer, or the trade group and the manufacturers represented by the trade group, requesting the exemption and the name, position, and contact information for the person who is the manufacturer’s or trade group’s contact person on all matters concerning the exemption. (2) An identification and description of the product, and the use or uses of the product, for which the exemption is requested. (3) An identification and description of the mercury switch or mercury relay, including identification of the manufacturer of the switch or relay, and an explanation of the need for, and functioning of, the mercury switch or mercury relay in the product. (4) For each use for which an exemption is requested, information that fully and clearly demonstrates that there is no technically feasible alternative, available at a reasonable cost, to the use of the mercury switch or mercury relay in the product for purposes of that use. This shall include, but is not limited to, a description of past, current, and planned future efforts to seek or develop those alternatives, and a description of all alternatives that have been considered and an explanation of the technical or economic reasons as to why each alternative is not satisfactory. (5) Information that fully and clearly demonstrates that the switch or relay or the product is constructed so as to prevent the release of mercury to the environment. (6) A feasible, effective, detailed and complete plan for the proper collection, transportation, and management of the product at the end of its useful life, including removal and proper management of the mercury switch or mercury relay contained in the product, and information fully and clearly demonstrating that the manufacturer, individually, or in conjunction with an industry or trade group, is committed to and capable of implementing the plan. The plan shall include an education and outreach component to ensure that users of the product are aware of available collection opportunities and legal requirements for management of the product once it becomes a waste. An exemption granted pursuant to subdivision (b) shall become null and void if the manufacturer, individually, or in conjunction with an industry or trade group, has not implemented the plan submitted in support of the exemption request within six months of the effective date of the exemption. (7) A copy of all similar exemption requests, including supporting documentation, submitted by the applicant to another state, and a copy of that state’s response to the exemption request. (d) A manufacturer or trade group that requests an exemption, or an exemption renewal, pursuant to subdivision (b) shall enter into a written agreement with the department pursuant to the procedures set forth in Article 9.2 (commencing with Section 25206.1), for reimbursement of all costs incurred by the department in processing and responding to the request. (e) Trade secrets, as defined in Section 25173, that are identified at the time of submission by a manufacturer or trade group, shall be treated as confidential as required by department procedures established pursuant to Section 25173. Any information that is not a trade secret, as defined in Section 25173, or that has not been identified by the manufacturer as a trade secret, shall be made available to the public upon request pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (f) (1) The department shall grant or deny an exemption requested pursuant to subdivision (b) no later than 180 calendar days after receiving the exemption request and all information determined by the department to be necessary to determine if all of the conditions specified in subdivision (b) are met. (2) An exemption shall not be deemed to be granted if the department fails to grant or deny the exemption request within the time limit specified in paragraph (1) (3) Nothing in this subdivision shall preclude the applicant and the department from mutually agreeing to an extension of the time limit specified in paragraph (1). (Amended by Stats. 2021, Ch. 615, Sec. 248. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
25214.8.6.
## 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 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. )
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On or after January 1, 2008, a person must not sell, offer to sell, or distribute for promotional purposes in this state a mercury diostat, or a new or refurbished oven or gas range containing one.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices [25214.8.1 - 25214.8.6] ( Heading of Article 10.2.1 amended by Stats. 2005, Ch. 578, Sec. 1. ) ## 25214.8.6. On or after January 1, 2008, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury diostat or a new or refurbished oven or gas range containing a mercury diostat. (Added by Stats. 2005, Ch. 578, Sec. 6. Effective January 1, 2006.)
25214.9.
## 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 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. )
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This section incorporates Chapter 8.5 of the Public Resources Code into this chapter, and lets the department set alternative management standards by regulation for specified electronic-waste activities if consistent with federal 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 10.3. Electronic Waste [25214.9 - 25214.10.2] ( Article 10.3 added by Stats. 2003, Ch. 526, Sec. 2. ) ## 25214.9. (a) The requirements and other provisions of Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code are incorporated by reference as requirements and provisions of this chapter. (b) To the extent consistent with the federal act, the department may, by regulation, establish management standards as an alternative to one or more of the standards in this chapter, for any specified activity that involves the management of an electronic waste. (Added by Stats. 2003, Ch. 526, Sec. 2. Effective January 1, 2004.)
25215.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section names the article as the Lead-Acid Battery Recycling Act of 2016 and allows it to 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 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215. This article shall be known, and may be cited, as the Lead-Acid Battery Recycling Act of 2016. (Repealed (in Sec. 2) and added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
25215.1.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section defines key terms used in the lead-acid battery recycling 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.1. For purposes of this article, the following definitions shall apply: (a) “Board” means the California Department of Tax and Fee Administration. (b) “Business” means any person, as defined in subdivision (k), except a natural person or a city, county, city and county, district, commission, the state, or any department, agency, or political subdivision of any of those, or an interstate body or, to the extent permitted by law, the United States and its agencies and instrumentalities. (c) “California battery fee” means the fee imposed pursuant to Section 25215.25. (d) “Dealer” means a person who engages in the retail sale of replacement lead-acid batteries directly to persons in California. “Dealer” includes a manufacturer of a new lead-acid battery that sells at retail that lead-acid battery directly to a person through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or internet website or any other similar electronic means. (e) “Importer” means a person described in paragraph (2) of subdivision (h). (f) “Lead-acid battery” means a battery weighing over five kilograms that is primarily composed of both lead and sulfuric acid, whether sulfuric acid is in liquid, solid, or gel state, with a capacity of six volts or more that is used for any of the following purposes: (1) As a starting battery that is designed to deliver a high burst of energy to an internal combustion engine until it starts. (2) As a motive power battery that is designed to provide the source of power for propulsion or operation of a vehicle, including a watercraft. (3) As a stationary storage or standby battery that is designed to be used in systems where the battery acts as either electrical storage for electricity generation equipment or a source of emergency power, or otherwise serves as a backup in case of failure or interruption in the flow of power from the primary source. (4) As a source of auxiliary power to support the electrical systems in a vehicle, as defined in Section 670 of the Vehicle Code, including an implement of husbandry, as defined in Section 36000 of the Vehicle Code, or an aircraft. (g) (1) “Lead-acid battery recycling facility” means a site at which lead-acid batteries are or have been disassembled for the purpose of making components available for reclamation to produce elemental lead or lead alloys or at which lead-acid batteries or their components, or both, are or have been reclaimed to produce elemental lead or lead alloys. (2) “Lead-acid battery recycling facility” does not include a facility designed and operated for the primary purpose of recovering lead from materials other than used lead-acid batteries or a facility that incidentally processes lead-acid batteries. The processing of lead previously reclaimed from a lead-acid battery at a separate facility or the incidental processing of lead-acid batteries shall not be sufficient to establish that a facility is a lead-acid battery recycling facility. (h) “Manufacturer” means either of the following: (1) The person who manufactures the lead-acid battery and who sells, offers for sale, or distributes the lead-acid battery in the state. (2) (A) If there is no person described in paragraph (1) that is subject to the jurisdiction of the state, the manufacturer is the person who imports the lead-acid battery into the state for sale or distribution. (B) For purposes of this article, a person is subject to the jurisdiction of the state with respect to a lead-acid battery if the person is engaged in business in this state. For purposes of this subparagraph, a person shall be considered to be engaged in business in this state if the person is a “retailer engaged in business in this state,” as defined in subdivision (c) of Section 6203 of the Revenue and Taxation Code, with respect to that lead-acid battery, or if the person has a substantial nexus with this state for purposes of the commerce clause of the United States Constitution. (i) “Manufacturer battery fee” means the fee imposed pursuant to Section 25215.35. (j) “Owner or operator” has the same meaning given in Section 9601(20) of Title 42 of the United States Code and any person that previously met that definition or is the legal successor to a person that meets the definition or previously met the definition. (k) “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state, or any department, agency, or political subdivision of any of those, interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law. (l) “Remedial action” has the same meaning as in Section 78125. (m) “Removal” has the same meaning as in Section 78135. (n) “Replacement lead-acid battery” means a new lead-acid battery that is sold at retail subsequent to the original sale or lease of the equipment or vehicle in which the lead-acid battery is intended to be used. “Replacement lead-acid battery” does not include a spent, discarded, refurbished, reconditioned, rebuilt, or reused lead-acid battery. (o) “Response action” has the same meaning as in Section 78140. (p) (1) A “retail sale” or a “sale at retail” has the same meaning as defined in Section 6007 of the Revenue and Taxation Code. (2) The following shall not be considered a “retail sale” or a “sale at retail” for purposes of this article: (A) The sale of a battery for which a California battery fee has previously been paid. (B) The sale of a replacement lead-acid battery that is temporarily stored or used in California for the sole purpose of preparing the replacement lead-acid battery for use thereafter solely outside of the state and that is subsequently transported outside the state and thereafter used solely outside of the state. (C) The sale of a battery for incorporation into new equipment for subsequent resale. (D) The replacement of a lead-acid battery pursuant to a warranty or a vehicle service contract described under Section 12800 of the Insurance Code. (E) The sale of any battery intended for use with or contained within a medical device, as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(h)), as that definition may be amended. (q) “Used lead-acid battery” means a lead-acid battery no longer fully capable of providing the power for which it was designed or that a person no longer wants for any other reason. (r) “Wholesaler” means a person who purchases a lead-acid battery from a manufacturer for the purpose of selling the lead-acid battery to a dealer, high-volume customer, or person for incorporation into new equipment for resale. (Amended by Stats. 2022, Ch. 258, Sec. 58. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
25215.11.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section states the Legislature’s intent and findings about lead-acid battery recycling, reuse, and related fees.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.11. (a) It is the intent of the Legislature in enacting this chapter that existing and future lead-acid battery recycling, resale, refurbishing, and reuse operations that are in compliance with state and federal law shall not be adversely affected by this chapter. (b) The Legislature finds and declares all of the following: (1) Pursuant to Section 3 of Article XIII A and Section 1 of Article XIII C of the California Constitution, it is right and proper that the fees established by this chapter and imposed upon purchasers and manufacturers of lead-acid batteries should be used solely to address the state’s needs described in paragraph (1) of subdivision (b) of Section 25215.5, which are limited to areas of the state that are or have been contaminated by the operation of a lead-acid battery recycling facility, and to encourage the proper recycling of lead-acid batteries. (2) Reasonable and verifiable analyses, such as the analysis performed by the European Commission pursuant to that body’s end-of-life vehicle directive (Directive 2000/53/EC), have established that no viable alternative technology exists that can replace lead-acid batteries at a mass-market scale for use in motor vehicles as starting batteries that are designed to deliver a high burst of energy to an internal combustion engine until it starts. (3) Lead-acid batteries, among other technologies, are necessary to enable the state to achieve the requirements for increasing electricity sales from renewable energy resources established in Section 399.15 of the Public Utilities Code and the requirements for greenhouse gas emissions reduction established in Section 38566, particularly those lead-acid batteries used as stationary storage or standby batteries that are designed to be used in systems in which the battery acts either as electrical storage for electricity generation equipment or a source of emergency power, or otherwise serves as a backup in case of failure or interruption in the flow of power from the primary source. (4) Lead-acid batteries are the most recycled consumer product in the state, with a nationwide recycling rate exceeding 99 percent, and it is in the public interest to ensure that future policy decisions do not diminish, impede, disincentivize, or otherwise interfere with the efficient and environmentally sound recycling of lead-acid batteries. (Added by Stats. 2019, Ch. 860, Sec. 2. (AB 142) Effective October 13, 2019.)
25215.15.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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A person generally may not dispose of a lead-acid battery at a solid waste facility or in land or waters, unless subdivision (b) 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.15. (a) Except as provided in subdivision (b), no person shall dispose, or attempt to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters. (b) A person may dispose of a lead-acid battery at either of the following locations: (1) A facility, including a facility located at a solid waste facility, established and operated for the purpose of recycling, or providing for the eventual recycling of, lead-acid batteries. (2) A dealer pursuant to Section 25215.2. (Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
25215.2.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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Dealers must accept qualifying used lead-acid batteries, charge a refundable deposit on replacement batteries in specified cases, and post the required notice unless an 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.2. (a) A dealer shall accept from a person at the point of transfer a used lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of Section 25215.1, but shall not be required to accept from any person more than six used lead-acid batteries per day. A dealer shall not charge a fee to receive a used lead-acid battery. (b) On and after April 1, 2017, a dealer shall charge to a person who purchases a replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of Section 25215.1 and who does not simultaneously provide the dealer with a used lead-acid battery of the same type and size a refundable deposit for each such battery purchased. The dealer shall display the amount of the deposit separately on the receipt provided to the purchaser. The dealer shall refund the deposit to that person if, within 45 days of the sale of the replacement lead-acid battery, the person presents to the dealer a used lead-acid battery of the same type and size. A dealer may require the person to provide a receipt documenting the payment of the deposit before refunding any deposit. A dealer may keep any lead-acid battery deposit moneys that are not properly claimed within 45 days after the date of sale of the replacement lead-acid battery, not including any sales tax reimbursement charged to the consumer. Sales tax reimbursement charged to the consumer on the amount of the deposit shall be remitted to the California Department of Tax and Fee Administration. (c) A dealer shall post a written notice that is clearly visible in the public sales area of the establishment, or include on the purchaser’s receipt, the following language: This dealer is required by law to charge a nonrefundable $2 California battery fee and a refundable deposit for each lead-acid battery purchased. A credit of the same amount as the refundable deposit will be issued if a used lead-acid battery is returned at the time of purchase or up to 45 days later along with this dealer’s receipt. (d) The department shall provide notice of an alleged violation of subdivision (c) to any person alleged to be in violation of that subdivision no less than 60 days before the issuance of an order or filing an action imposing a civil penalty pursuant to subdivision (b) of Section 25189.2. If the person corrects the alleged violation before the order is issued or the action is filed, the department shall not impose the civil penalty. (e) Subdivision (c) does not apply to any of the following: (1) A person whose ordinary course of business does not include the sale of lead-acid batteries. (2) A person that does not sell lead-acid batteries directly to consumers, such as over-the-counter, but instead removes nonfunctional or damaged batteries and installs new lead-acid batteries as a part of an automotive repair dealer service. (3) A business that removes lead-acid batteries and installs new lead-acid batteries as a part of roadside services. “Roadside services,” for purposes of this paragraph, means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by or on behalf of a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code. (f) Except as authorized by this article, a dealer shall not collect a refundable deposit for a lead-acid battery from a person. (Amended by Stats. 2022, Ch. 60, Sec. 32. (AB 203) Effective June 30, 2022.)
25215.25.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section imposes a California battery fee on replacement lead-acid batteries, requires dealers to collect, separately state, and remit the fee, and allows limited 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.25. (a) (1) A California battery fee shall be imposed on a person for each replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of Section 25215.1 purchased from a dealer, except as specified in subdivision (c). On and after April 1, 2017, until March 31, 2022, the amount of the fee shall be one dollar ($1). On and after April 1, 2022, the amount of the fee shall be two dollars ($2). (2) Except for sales to businesses, the dealer shall charge a person the amount of the California battery fee as a charge that is separate from, and not included in, any other fee, charge, or other amount paid by the person. (3) The dealer shall collect the California battery fee at the time of sale and may retain 11/2 percent of the fee as reimbursement for any costs associated with the collection of the fee. The remainder of the California battery fee collected by the dealer shall be paid to the California Department of Tax and Fee Administration in a manner and form prescribed by the California Department of Tax and Fee Administration and at the time the return is required to be filed, as specified in Section 25215.47. (4) All moneys collected or required to be collected by a dealer pursuant to this section that are not properly remitted to the California Department of Tax and Fee Administration pursuant to paragraph (3) shall be deemed to be a debt owed to the state by the dealer. (5) A person who purchases a replacement lead-acid battery in this state is liable for the California battery fee until that fee has been paid to the California Department of Tax and Fee Administration, except that payment to a dealer registered under this article is sufficient to relieve the person from further liability of the fee. (6) All moneys remitted to the California Department of Tax and Fee Administration pursuant to this subdivision shall be expended in accordance with Section 25215.5. (b) (1) Except for sales to businesses, the California battery fee imposed pursuant to subdivision (a) shall be separately stated by the dealer on the invoice given to a person at the time of sale. Any other fee charged by the dealer related to the lead-acid battery purchase, including any deposit charged, credited, or both, pursuant to Section 25215.2, shall be identified separately from the California battery fee. (2) If a person purchases more than one lead-acid battery in a single transaction, and is therefore imposed more than one California battery fee in that transaction, the dealer shall not be required to individually list on the invoice each California battery fee imposed, but may instead condense the fees to a single-line item. (c) On and after January 1, 2020, if a new motor vehicle dealer sells or leases to a person a used vehicle into which the new motor vehicle dealer has incorporated a replacement lead-acid battery, the California battery fee imposed by paragraph (1) of subdivision (a) shall not apply to the person with regard to that replacement lead-acid battery. For purposes of this subdivision, “new motor vehicle dealer” has the same meaning as is specified in Section 426 of the Vehicle Code, and “used vehicle” has the same meaning as is specified in Section 665 of the Vehicle Code. (d) (1) If a lead-acid battery is sold or will be used in a manner or for a purpose entitling the dealer to regard the purchase as not subject to the California battery fee, the dealer shall obtain written documentation from the purchaser certifying that the lead-acid battery will be used in a manner or for a purpose entitling the dealer to regard the purchase as not subject to the California battery fee. (2) If a purchaser certifies in writing to a dealer that the lead-acid battery will be used in a manner or for a purpose for which no payment is required to be made for the California battery fee, and the purchaser sells or uses the battery such that no exception to the requirement to pay the applicable fee or fees applies, the purchaser shall be liable for the payment of any applicable fees. (Amended by Stats. 2019, Ch. 860, Sec. 4. (AB 142) Effective October 13, 2019.)
25215.3.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section lets a non-jurisdictional lead-acid battery manufacturer agree to pay the importer’s manufacturer battery fee, but only if the required registration, notice, recordkeeping, and reporting 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.3. (a) A person who manufactures a lead-acid battery and is not subject to the jurisdiction of the state may agree in writing with the importer of that lead-acid battery to pay the manufacturer battery fee imposed pursuant to Section 25215.35 on behalf of the importer. (b) A person who pays the manufacturer battery fee on behalf of an importer pursuant to subdivision (a) shall be credited, pursuant to Section 25215.56, for that payment, if the person does all of the following: (1) The person submits to the jurisdiction of the state for purposes of the fees imposed under this article and registers with the California Department of Tax and Fee Administration to pay and remit the manufacturer battery fee. (2) The person provides to the importer a statement on the invoice, contract, or other record documenting the transaction that includes the following information: (A) The person’s manufacturer account number with the California Department of Tax and Fee Administration. (B) An identification of the lead-acid battery or batteries sold that will be subject to the manufacturer battery fee. (C) A statement that the person will pay the manufacturer battery fee to the state on behalf of the importer. (3) The person retains records sufficient to document that the lead-acid battery for which the person has agreed to pay the manufacturer battery fee was delivered for retail sale in California, the identity of the importer of that battery, and that the statement required by paragraph (2) was provided to the importer of the battery in a timely manner pursuant to subdivision (c). The person shall retain these records for a period of no less than four years and shall make the records reasonably available to the California Department of Tax and Fee Administration upon request. (c) (1) An importer of a lead-acid battery who receives a timely statement from a manufacturer pursuant to paragraph (2) of subdivision (b) shall be relieved from any obligation imposed pursuant to Section 25215.35 on the sale of that battery, provided that the manufacturer remits payment of the manufacturer battery fee to the state for the sale of that battery. A statement shall be considered timely if it is issued before the manufacturer bills the importer for the lead-acid battery, within the manufacturer’s normal billing and payment cycle, before delivery of the battery to the importer, or before the date on which a return would be due pursuant to Section 25215.47. (2) An importer who has paid the manufacturer battery fee for a lead-acid battery and who subsequently receives an untimely statement that the fee has been paid for that battery may file a claim for a refund for any overpaid fees as provided in Article 3 (commencing with Section 55081) of Chapter 3 of, and Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of Division 2 of the Revenue and Taxation Code. (d) (1) On or before January 1, 2022, the California Department of Tax and Fee Administration shall submit to the Legislature a report relating to persons who have paid the manufacturer battery fee on behalf of an importer pursuant to subdivision (a). The report shall include, but is not limited to, all of the following information: (A) Any regulations or policies adopted by the California Department of Tax and Fee Administration for purposes of ensuring compliance with the registration, returns, reporting, payments, audits, refunds, or collection requirements related to the manufacturer battery fee. (B) The revenue impact as determined by the revenues paid or collected compared to the estimated revenue amount calculated by the Senate Committee on Appropriations in its analysis of the fiscal impact of Assembly Bill 2153 (Chapter 666 of the Statutes of 2016), adjusted as deemed appropriate by the California Department of Tax and Fee Administration to account for differences in reporting periods and to account for exemptions or exclusions that were not previously accounted for in that analysis or that were enacted after January 1, 2020. (C) The fiscal impact of the manufacturer battery fee, including costs required to ensure compliance, costs related to audits, refunds, and administering regulations, and estimated cost savings. (2) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2025. (e) This section shall become operative on January 1, 2020. (Added by Stats. 2019, Ch. 860, Sec. 5. (AB 142) Effective October 13, 2019. Section operative January 1, 2020. Inoperative January 1, 2025, by its own provisions.)
25215.35.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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Manufacturers of lead-acid batteries must pay a per-battery fee, keep purchaser documentation when an exemption is claimed, and the purchaser may become liable if a no-fee certification is false.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.35. (a) Until April 1, 2022, a manufacturer battery fee of one dollar ($1) shall be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California. (b) On and after April 1, 2022, a manufacturer battery fee of two dollars ($2) shall be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California. (c) Manufacturer battery fees shall be paid to the California Department of Tax and Fee Administration in a manner and form as prescribed by the California Department of Tax and Fee Administration and at the time the return is required to be filed, as specified in Section 25215.47. (d) (1) If a lead-acid battery is sold or will be used in a manner or for a purpose entitling the manufacturer to regard the purchase as not subject to the manufacturer battery fee, the manufacturer shall obtain written documentation from the purchaser certifying that the lead-acid battery will be used in a manner or for a purpose entitling the manufacturer to regard the purchase as not subject to the manufacturer battery fee. (2) If a purchaser certifies in writing to a manufacturer that the lead-acid battery will be used in a manner or for a purpose for which no payment is required to be made for the manufacturer battery fee, and the purchaser sells or uses the battery such that no exception to the requirement to pay the applicable fee or fees applies, the purchaser shall be liable for the payment of any applicable fees. (Amended by Stats. 2019, Ch. 860, Sec. 6. (AB 142) Effective October 13, 2019.)
25215.45.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section makes the California Department of Tax and Fee Administration collect lead-acid battery fees, bars it from taking certain battery-status-based refund or redetermination requests, and requires lead-acid battery dealers and manufacturers to register with 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.45. (a) (1) Except as provided in paragraph (2), the lead-acid battery fees imposed pursuant to Sections 25215.25 and 25215.35 shall be collected by the California Department of Tax and Fee Administration in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For the purposes of this section, the reference to “feepayer” shall include a dealer and manufacturer. (2) Notwithstanding the petition for redetermination and claim for refund provisions of the Fee Collection Procedures Law (Article 3 (commencing with Section 55081) of Chapter 3 of, and Article 1 (commencing with Section 55221) of Chapter 5 of, Part 30 of Division 2 of the Revenue and Taxation Code), the California Department of Tax and Fee Administration shall not do either of the following: (A) Accept or consider any petition for redetermination of fees determined under this article if the petition is founded upon the grounds that a battery is or is not a lead-acid battery, as defined in Section 25215.1. The California Department of Tax and Fee Administration shall forward to the department any petition for redetermination that is based on those grounds. (B) Accept or consider a claim for refund of fees paid pursuant to this article, if the claim for refund is founded upon the grounds that a battery is or is not a lead-acid battery, as defined in Section 25215.1. The California Department of Tax and Fee Administration shall forward to the department any claim for refund that is based on these grounds. (b) The following persons shall register with the California Department of Tax and Fee Administration: (1) A dealer of lead-acid batteries. (2) A manufacturer of lead-acid batteries. (Amended by Stats. 2019, Ch. 860, Sec. 7. (AB 142) Effective October 13, 2019.)
25215.47.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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A person required to register with the board must prepare and file the required return, use the board’s form and electronic filing method, and remit the fee due.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.47. (a) The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register with the board, in the form prescribed by the board, and shall contain the information the board deems necessary or appropriate for the proper administration of this article and the Fee Collection Procedures Law. Except as provided in subdivision (b), the return shall be filed on or before the last day of the calendar month following the calendar quarter to which the return relates, together with a remittance payable to the board for the fee amount due for that period. Returns shall be filed with the board using electronic media and authenticated in a form, or pursuant to methods, as may be prescribed by the board. (b) The board may require the payment of the fee and the filing of the returns for other than quarterly periods. (Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
25215.48.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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The California Department of Tax and Fee Administration may disclose certain manufacturer battery fee information, but account status must not include the fee amount except as allowed by subdivision (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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.48. (a) Notwithstanding subdivision (b) of Section 55381 of the Revenue and Taxation Code, the California Department of Tax and Fee Administration may disclose the name, address, account number, and account status of a person registered with the California Department of Tax and Fee Administration to pay the manufacturer battery fee. Except as provided in subdivision (b), account status shall not include the amount of the manufacturer battery fee paid by any person. (b) The California Department of Tax and Fee Administration may disclose to an importer the amount of the manufacturer battery fee paid or not paid on behalf of that importer by a person with which the importer has entered into an agreement pursuant to Section 25215.3. (Added by Stats. 2019, Ch. 860, Sec. 8. (AB 142) Effective October 13, 2019.)
25215.5.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This section directs how lead-acid battery fee money must be handled, spent, and reported on.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.5. (a) Lead-acid battery fees collected pursuant to this article shall be managed as follows: (1) The board shall retain moneys necessary for the payment of refunds and reimbursement of the board for expenses in the collection of the fees. (2) The remaining moneys shall be deposited into the Lead-Acid Battery Cleanup Fund, which is hereby created in the State Treasury, and is available upon appropriation by the Legislature to the department for the purposes specified in this section. (b) (1) Moneys in the Lead-Acid Battery Cleanup Fund shall be expended for the following activities: (A) Investigation or site evaluation of any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. (B) Cleanup, remedial action, removal, monitoring, or other response actions to address contamination from a lead-acid battery recycling facility at any area of the state that, pursuant to Section 25215.51, the department determines with reasonable certainty was contaminated by releases from the operation of that lead-acid battery recycling facility. (C) Oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances and hazardous waste at or from the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. This subparagraph shall apply retroactively to oversight or performance of closure activities and response and corrective actions conducted on or after September 26, 2016. (D) Administration of the Lead-Acid Battery Cleanup Fund and the department’s administration and implementation of this article. (E) Repayment of a loan described in Section 25215.59 that was made before September 26, 2016, or any other loan made for purposes set forth in subparagraphs (A) to (C), inclusive. Moneys shall be expended for purposes of this subparagraph only after the activities specified in subparagraphs (A) to (D), inclusive, have been fully funded in a given fiscal year. (2) (A) Moneys in the Lead-Acid Battery Cleanup Fund shall not be used to implement Article 14 (commencing with Section 25251) with respect to lead-acid batteries or to loan moneys to any other program. (B) Any government action not required by this article that would have the effect of reducing the availability of fee revenue to the Lead-Acid Battery Cleanup Fund shall be considered a negative economic impact pursuant to subparagraph (M) of paragraph (2) of subdivision (a) of Section 25253. (3) Notwithstanding any other law, any costs incurred by the department using moneys from the Lead-Acid Battery Cleanup Fund pursuant to paragraph (1) that are recovered shall be deposited into the Lead-Acid Battery Cleanup Fund. (c) The department shall report to the Legislature by March 1 of each year on the status of the Lead-Acid Battery Cleanup Fund and on the department’s progress implementing this article, including, but not limited to, the sites at which actions were performed using moneys from the fund, the status of cleanup at those sites, including total anticipated costs of cleanup at those sites, the balance of the fund, the amount of fees remitted to the fund, the amount spent by the fund and the purposes for which those amounts were spent, the amounts reimbursed to the board pursuant to paragraph (1) of subdivision (a), and any other information requested by the Legislature. Each annual report shall be released to the public on the same day it is provided to the Legislature. (Amended by Stats. 2020, Ch. 276, Sec. 2. (AB 2104) Effective January 1, 2021.)
25215.51.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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The department must run the LABRIC Program, give public notice for suspected contaminated sites, accept and respond to public comments, and follow notice/comment procedures before designating a site.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5. (b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, including, but not limited to, copies of any information or documents currently in the department’s possession that indicate that the facility might not be a lead-acid battery recycling facility, if subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The department shall accept comments or information that the public submits within 90 days after issuance of the public notice required by this subdivision and, before the department completes its investigation pursuant to subdivision (c), shall review and provide written responses to any comments or information submitted. (c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was from the lead-acid battery recycling facility. (2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the department’s designation, a summary of the evidence relied on by the department in reaching the proposed designation, including the assumptions and methodologies the department used to attribute any contamination to the lead-acid battery recycling facility, and including information indicating that the facility may not be a lead-acid battery recycling facility, and copies of any information or documents relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act. (3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall evaluate, investigate, if appropriate, and respond to any reliable information provided by the public indicating that the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. (4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act. (d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized, except as provided in paragraph (3). (2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total. (3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site. (e) Information regarding the department’s progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5. (Amended by Stats. 2021, Ch. 615, Sec. 250. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
25215.56.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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Manufacturer battery fees are credited to the remitting manufacturer’s account, and a manufacturer may not claim more than one credit for the same fee amount.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.56. (a) Any manufacturer battery fees remitted pursuant to this article shall, subject to subdivision (b) of Section 25215.3, be credited to the account of the manufacturer remitting those fees to the California Department of Tax and Fee Administration and shall be credited against amounts owed by the manufacturer to the state pursuant to a judgment or determination of liability under Part 2 (commencing with Section 78000) of Division 45 or any other law for removal, remediation, or other response costs relating to a release of a hazardous substance from a lead-acid battery recycling facility. A manufacturer shall not seek more than one credit for the same fee amount. This subdivision does not apply to any manufacturer who is also an owner or operator of a lead-acid battery recycling facility in California. (b) The amount paid by a manufacturer for a manufacturer battery fee shall be considered to reduce the manufacturer’s share of liability in the allocation or apportionment of costs among potentially responsible parties in a contribution action brought by a private party related to a release of hazardous substances from a lead-acid battery recycling facility. This subdivision does not apply to any manufacturer who is also an owner or operator or a former owner or operator of a lead-acid battery recycling facility in California where a release occurred. (c) This article does not create a private cause of action. Nothing in this article shall be construed to affect, expand, alter, or limit any requirements, duties, rights, or remedies under other law, or limit the state or any other party from bringing any cause of action that may exist under any law. (Amended by Stats. 2022, Ch. 258, Sec. 59. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
25215.59.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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If the state loans money from the General Fund for lead-contamination cleanup, Lead-Acid Battery Cleanup Fund money may be used to repay certain loans.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.59. If the state loans money from the General Fund to the Toxic Substances Control Account for the cleanup of lead contamination in the state, the following shall apply: (a) Money from the Lead-Acid Battery Cleanup Fund may be used towards repaying the loan that was made before September 26, 2016, or any other loan of public funds made for the purposes set forth in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 25215.5. (b) Any moneys designated as repayment of the loan shall be deposited to that loan, but shall be available to be loaned to the Toxic Substances Control Account for the purposes of cleaning up areas of the state that are reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. (Amended by Stats. 2020, Ch. 276, Sec. 4. (AB 2104) Effective January 1, 2021.)
25215.65.
## 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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Manufacturers must label replacement lead-acid batteries sold in California with a recycling symbol and either “Pb” or the words “lead,” “return,” and “recycle.”

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.65. On and after July 1, 2017, a manufacturer shall place a recycling symbol consistent with the requirements of Section 103(b)(1) of the Federal Mercury Containing and Rechargeable Battery Management Act, Pub. L. No. 104-142 (1996) (42 U.S.C. 14301(b)(1)) and either “Pb” or the words “lead,” “return,” and “recycle” on all replacement lead-acid batteries sold in California. For purposes of this section, an entity that engages another party to manufacture batteries on its behalf shall be deemed the manufacturer. (Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
25215.72.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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The board must repay a $1,200,000 loan from the California Tire Recycling Management Fund by October 1, 2017, using fee proceeds. The Director of Finance may order repayment of all or part of the loan if the stated funding 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.72. One million two hundred thousand dollars ($1,200,000) shall be loaned from the California Tire Recycling Management Fund to the board for implementing the collection of the California battery fee and the manufacturer battery fee and shall be repaid from the proceeds of those fees pursuant to this article no later than October 1, 2017. The Director of Finance shall order the repayment of all or a portion of this loan if he or she determines that either of the following circumstances exist: (a) The fund or account from which the loan was made has a need for the moneys. (b) There is no longer a need for the moneys by the board. (Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
25215.74.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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The board may make and enforce regulations for administering and enforcing this article, including emergency 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 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.74. (a) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this article, including, but not limited to, registration, collections, reporting, notices for manufacturers, refunds, and appeals. (b) The board may prescribe, adopt, and enforce any emergency regulations as necessary to implement this article. Any emergency regulation prescribed, adopted, or enforced pursuant to this article shall be adopted 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 the regulation 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. Emergency regulations adopted pursuant to this subdivision shall remain in effect until regulations have been adopted pursuant to subdivision (a). (Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)
25215.75.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. )
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This article becomes operative on January 1, 2017.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5. The Lead-Acid Battery Recycling Act of 2016 [25215 - 25215.75] ( Article 10.5 added by Stats. 2016, Ch. 666, Sec. 1. ) ## 25215.75. This article shall become operative on January 1, 2017. (Added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Note: This section specifies an operative date for Article 10.5, commencing with Section 25215.)
25215.8.
## 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 10.5.1. Lead Wheel Weights [25215.8 - 25215.82] ( Article 10.5.1 added by Stats. 2009, Ch. 614, Sec. 1. )
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A person may not make, sell, or install wheel weights in California if they contain more than 0.1% lead by weight.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.5.1. Lead Wheel Weights [25215.8 - 25215.82] ( Article 10.5.1 added by Stats. 2009, Ch. 614, Sec. 1. ) ## 25215.8. (a) A person shall not manufacture, sell, or install a wheel weight in California that contains more than 0.1 percent lead by weight. (b) If the department identifies an alternative to lead contained in wheel weights as a chemical of concern pursuant to Section 25252, the lead alternative remains subject to the evaluation process imposed pursuant to Section 25253 to determine how best to limit exposure or to reduce the level of hazard posed by the lead alternative. (c) This section shall not be construed to restrict the authority of the department pursuant to Sections 25252 and 25253 relating to a chemical or chemical ingredient contained in wheel weights, including, but not limited to, an alternative to lead. (Added by renumbering Section 25215.6 by Stats. 2019, Ch. 497, Sec. 163. (AB 991) Effective January 1, 2020.)
25215.82.
## 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 10.5.1. Lead Wheel Weights [25215.8 - 25215.82] ( Article 10.5.1 added by Stats. 2009, Ch. 614, Sec. 1. )
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People who violate or threaten to violate this article may be enjoined, and violators are limited to administrative or civil penalties rather than 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 10.5.1. Lead Wheel Weights [25215.8 - 25215.82] ( Article 10.5.1 added by Stats. 2009, Ch. 614, Sec. 1. ) ## 25215.82. (a) Any person who violates or threatens to violate the provisions of this article may be enjoined in any court of competent jurisdiction. (b) Notwithstanding any other law, a person who violates this article is not subject to criminal penalties and is only subject to the administrative or civil penalties specified in subdivision (c). (c) (1) A person who violates this article is liable for an administrative or a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation. That administrative or civil penalty may be assessed and recovered in an administrative action filed with the Office of Administrative Hearings or in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of an administrative or a civil penalty for a violation of this article, the presiding officer or the court shall consider all of the following: (A) The nature and extent of the violation. (B) The number and severity of the violations. (C) The economic effect of the penalty on the violator. (D) Whether the violator took good faith measures to comply with this article and the time these measures were taken. (E) The willfulness of the violator’s misconduct. (F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (G) Any other factor that justice may require. (d) Administrative and civil penalties collected pursuant to this article shall be deposited in the Toxic Substances Control Account, for expenditure by the Department of Toxic Substances Control, upon appropriation by the Legislature, to implement and enforce this article, except as provided in Section 25192. (Added by renumbering Section 25215.7 by Stats. 2019, Ch. 497, Sec. 164. (AB 991) Effective January 1, 2020.)
25216.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. )
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This section defines “batteries” for the article and excludes lead-acid batteries.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. ) ## 25216. For the purposes of this article, “batteries” means primary or secondary batteries, including nickel-cadmium, alkaline, carbon-zinc, and other batteries generated as non-RCRA waste similar in size to those typically generated as household waste. “Batteries” does not include lead-acid batteries. (Added by Stats. 1989, Ch. 1122, Sec. 1.)
25216.1.
## 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 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. )
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Certain battery collection and transport activities are exempt from hazardous waste receipt, storage, and transportation rules if the 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 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. ) ## 25216.1. (a) Any collection location or intermediate collection location that receives, or any person that transports, spent batteries, as defined in this article, is exempt from the requirements of this chapter concerning the receipt, storage, and transportation of hazardous waste if the batteries are subsequently sent from that collection location to a facility authorized to receive those batteries and all of the following conditions are met: (1) The collection location is either of the following: (A) The collection location does not store more than 600 pounds of batteries at any one time and no batteries are stored for longer than 180 days. (B) The collection location is operated, or is authorized to be operated, by a public agency as part of a curbside collection program, no batteries are stored for longer than 180 days, and the public agency has considered appropriate volume limits and other necessary precautions to protect the public health, safety, and the environment. (2) The batteries are stored and transferred in a manner which minimizes the possibility of fire, explosion, or any release of hazardous substances or hazardous waste constituents. (3) The collection location, transporter, and receiving facility retains a copy of the hazardous waste manifest or bill of lading used during transportation for a period of three years. If a bill of lading is used, the bill of lading shall have, at a minimum, all of the following information: (A) The name, address, and telephone number of the collection location, transporter, and receiving facility. (B) A general description and quantity of batteries. (C) The date of the transfer. (D) The signatures of the transporter and the collection location representative. (4) The batteries are not treated or reclaimed at any location exempted from the requirements of this chapter by this article. (5) Batteries which are received in accordance with subparagraph (A) or (B) of paragraph (1) which are not subsequently recycled at the facility or transferred to a permitted recycling facility are transferred to a disposal facility authorized to accept such batteries. (b) A household hazardous waste collection facility, as defined in subdivision (f) of Section 25218.1, may refuse to accept spent batteries if the volume of spent batteries delivered for receipt exceeds the facility’s storage capabilities. Such a facility may charge a fee to recover the handling, storage, and disposal costs of those spent batteries, which shall not exceed the facility’s handling, storage, and disposal costs. (Amended by Stats. 1995, Ch. 633, Sec. 1. Effective January 1, 1996.)
25216.2.
## 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 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. )
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This article does not apply to batteries disposed of on or into land, water, or air, and the department must implement the article in line with applicable state and federal 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 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. ) ## 25216.2. (a) (1) This article does not apply to batteries that are disposed of on or into the land, water, or air. (2) For purposes of this subdivision, disposal does not include a battery which is delivered to a collection location or an intermediate collection location and subsequently transported to a household hazardous waste collection facility. (b) The department shall implement this article consistent with all applicable state and federal laws. (Amended by Stats. 1995, Ch. 633, Sec. 2. Effective January 1, 1996.)
25216.3.
## 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 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. )
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A spent dry cell battery with zinc electrodes is not hazardous waste, and this chapter does not apply, if specified disposal, storage, transfer, and fire-safety 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 10.6. Management of Small Household Batteries [25216 - 25216.3] ( Article 10.6 added by Stats. 1989, Ch. 1122, Sec. 1. ) ## 25216.3. (a) For purposes of this section, “spent dry cell battery containing zinc electrodes” means an alkaline or zinc-carbon battery, that meets all of the following conditions: (1) It is an enclosed device or sealed container consisting of one or more voltaic or galvanic cells, electrically connected to produce electric energy, of any shape, including, but not limited to, button, coin, cylindrical, or rectangular, and designed for commercial, industrial, medical, institutional, or household use. (2) It contains an electrode comprised of zinc or zinc oxide or a combination thereof, and a liquid starved or gelled electrolyte. (3) It does not contain any constituent, other than zinc or zinc oxide, that would cause it to be classified as a hazardous waste pursuant to this chapter. (4) It is discarded by the user. (b) Notwithstanding any other provision of law, a spent dry cell battery containing zinc electrodes is not a hazardous waste, and is not subject to the requirements of this chapter, if all of the following conditions are met: (1) The spent dry cell battery containing zinc electrodes is disposed of in a permitted municipal solid waste landfill, as defined in Section 20164 of Title 27 of the California Code of Regulations, or in a permitted municipal solid waste transformation facility, as defined in Section 40201 of the Public Resources Code, or is accumulated for recycling. (2) The spent dry cell battery containing zinc electrodes is not stored or accumulated for longer than 180 days. In addition, at least 75 percent, by weight or volume, of all spent dry cell batteries containing zinc electrodes stored or accumulated at a site during a calendar year shall be transferred to a different site for disposal or recycling during that calendar year. (3) The spent dry cell battery containing zinc electrodes is stored, accumulated, and transferred in a manner that minimizes the possibility of fire, explosion, or any release of hazardous substances or hazardous waste constituents. (Added by Stats. 1998, Ch. 281, Sec. 1. Effective January 1, 1999.)
25217.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. )
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This section defines key terms used in the article, including consolidation location, oil-based paint, paint, recyclable latex paint, and VSQG.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. ) ## 25217. For purposes of this article, the following definitions shall apply: (a) “Consolidation location” means a location to which recyclable latex paint or oil-based paint initially collected at a collection location is transported. (b) “Oil-based paint” means a paint that contains drying oil, oil varnish, or oil-modified resin as the basic vehicle ingredient. (c) “Paint” includes both oil-based paint and recyclable latex paint that is collected in accordance with this article. (d) “Recyclable latex paint” means any water-based latex paint, still in liquid form, that is transferred for purposes of being recycled. (e) “VSQG” means a very small quantity generator, as specified in subdivision (q) of Section 25218.1. (Amended by Stats. 2021, Ch. 153, Sec. 5. (AB 698) Effective January 1, 2022.)
25217.1.
## 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. )
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A person must not dispose of, or try to dispose of, liquid latex paint or oil-based paint on land or into the waters of the state unless another law authorizes 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. ) ## 25217.1. No person shall dispose of, or attempt to dispose of, liquid latex paint or oil-based paint in the land or into the waters of the state unless authorized by applicable provisions of law. (Amended by Stats. 2011, Ch. 603, Sec. 6. (AB 408) Effective October 8, 2011.)
25217.2.
## 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. )
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Recyclable latex paint may be accepted at any location if specified handling, packaging, federal compliance, and 180-day storage 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. ) ## 25217.2. (a) Recyclable latex paint may be accepted at any location, including, but not limited to, a permanent household hazardous waste collection facility in accordance with subdivision (b), if all of the following conditions are met: (1) The location manages the recyclable latex paint in accordance with all applicable latex paint product management procedures specified by federal, state, or local law or regulation that include, at a minimum, that the recyclable latex paint is stored and handled in a manner that minimizes the chance of exposing the handler and the environment to potentially hazardous constituents that may be in, or have been incidentally added to, the recyclable latex paint. (2) The recyclable latex paint is still in liquid form and is in its original packaging or is in a closed container that is clearly labeled. (3) Any latex paint that is accepted as recyclable by the location and that is later discovered to be nonrecyclable shall be deemed to be a waste generated at the location where the discovery is made and the latex paint shall be managed as a waste in accordance with this chapter. (4) If the recyclable latex paint is not excluded or exempted from regulation under Chapter I (commencing with Section 1.1) of Title 40 of the Code of Federal Regulations, the location meets all applicable federal requirements. (5) The recyclable latex paint is stored for no longer than 180 days. (b) (1) For purposes of this subdivision the following definitions shall apply: (A) “Permanent household hazardous waste collection facility” has the same meaning as defined in subdivision (h) of Section 25218.1. (B) “VSQG” means a very small quantity generator, as specified in subdivision (q) of Section 25218.1. (2) A permanent household hazardous waste collection facility that is authorized to accept hazardous waste from a VSQG pursuant to Section 25218.3 may accept recyclable latex paint from any generator in accordance with this article if the permanent household hazardous waste collection facility does all of the following: (A) Complies with subdivision (a). (B) Sends the recyclable latex paint, for recycling, to a latex paint recycling facility operating pursuant to this article. (C) Maintains a monthly log of the volume of latex paint collected from each generator and submits that information annually with the report submitted pursuant to Section 25218.9 for household hazardous waste collected from household hazardous waste generators. (3) A permanent household hazardous waste collection facility that takes the actions specified in paragraph (2) is not subject to the weight and volume limits on the amount of recyclable latex paint that may be accepted, pursuant to subdivision (b) of Section 25218.3. (4) A permanent household waste collection facility may take the action specified in paragraph (2) notwithstanding a permit condition imposed upon the facility, a regulation adopted by the department to ensure a household hazardous waste collection facility does not accept hazardous waste from a commercial generator other than a VSQG, or the status of the generator. (Amended by Stats. 2022, Ch. 499, Sec. 3. (AB 2481) Effective January 1, 2023.)
25217.2.1.
## 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. )
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Some latex paint collection locations may also accept oil-based paint if they meet specified stewardship, source, handling, storage, and contract 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. ) ## 25217.2.1. (a) A location that accepts recyclable latex paint pursuant to Section 25217.2 may also accept oil-based paint if all of the additional following conditions are met: (1) The collection location is established under a stewardship plan approved by the Department of Resources Recycling and Recovery pursuant to the paint product recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code. (2) The collection location receives oil-based paint only from either of the following: (A) A person who generates oil-based paint incidental to owning or maintaining a place of residence. (B) A very small quantity generator. (3) The oil-based paint is still in liquid form and is in its original packaging or is in a closed container that is clearly labeled. (4) The location manages the oil-based paint in accordance with the requirements in Section 25217.2. (5) The collection location operates pursuant to a contract with a manufacturer or stewardship organization that has submitted a stewardship plan that has been approved by the Department of Resources Recycling and Recovery and the collected paint is managed in accordance with that stewardship plan. (6) The oil-based paint is stored for no longer than 180 days. (b) Oil-based paint initially collected at a collection location shall be deemed to be generated at the consolidation location for purposes of this chapter, if all of the following apply: (1) The collection location is established under a stewardship plan in accordance with the requirements of paragraph (1) of subdivision (a). (2) The oil-based paint is subsequently transported to a consolidation location that is operating pursuant to a contract with a manufacturer or stewardship organization under a stewardship plan approved by the Department of Resources Recycling and Recovery pursuant to the paint product recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code. (3) The oil-based paint is non-RCRA hazardous waste, or is otherwise exempt from, or is not otherwise regulated pursuant to, the federal act. (c) A permanent household hazardous waste collection facility that accepts recyclable latex paint pursuant to and in compliance with Section 25217.2 and that accepts oil-based paint is not subject to the weight and volume limits on the amount of oil-based paint that may be accepted, pursuant to subdivision (b) of Section 25218.3. (Amended by Stats. 2024, Ch. 989, Sec. 2. (SB 1143) Effective January 1, 2025.)
25217.3.
## 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. )
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A person transporting paint under this article may do so without a manifest or hazardous waste hauler registration if the transporter complies with the article, but must use a bill of lading when ownership changes and keep a copy for at least three years.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. ) ## 25217.3. (a) Notwithstanding Sections 25160 and 25163, a person may transport paint collected in accordance with this article without the use of a manifest or obtaining registration as a hazardous waste hauler if the transporter complies with this article. (b) A person transporting paint collected in accordance with this article shall use a bill of lading to document the transportation of the paint from collection locations, or any interim locations, to a consolidation site, whenever the transportation involves a change in ownership of the paint. A copy of the bill of lading shall be kept by the originating location, transporter, and destination of the paint for a period of at least three years and shall include all of the following information: (1) The name, address, and telephone number of the originating location, the transporter, and the destination of the paint. (2) The quantity of the paint being transported. (3) The date on which the transporter accepts the paint from the originating location. (4) The signatures of the transporter and a representative of the originating location. (Amended by Stats. 2011, Ch. 603, Sec. 9. (AB 408) Effective October 8, 2011.)
25217.4.
## 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. )
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A person may recycle recyclable latex paint at an unauthorized facility if Section 25217.2 is complied with. Oil-based paint collected under this article must be recycled, treated, stored, or disposed of only at an authorized facility or an authorized out-of-state 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 10.7. Recyclable Latex Paint and Oil-Based Paint [25217 - 25217.4] ( Heading of Article 10.7 amended by Stats. 2011, Ch. 603, Sec. 4. ) ## 25217.4. (a) A person may recycle recyclable latex paint at a facility which is not authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) if the person complies with Section 25217.2. (b) A person shall recycle, treat, store, or dispose of oil-based paint that has been collected pursuant to this article only at a facility that is authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) to recycle, treat, store, or dispose of hazardous waste, or at an out-of-state facility that is authorized to recycle, treat, store, or dispose of oil-based paint in the state where the facility is located. (Amended by Stats. 2011, Ch. 603, Sec. 10. (AB 408) Effective October 8, 2011.)
25218.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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The section says California should support household hazardous waste and small-quantity hazardous waste collection, disposal, and permitting in ways that are convenient, safe, and streamlined.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218. The Legislature hereby finds and declares all of the following: (a) Residential households that generate household hazardous waste and very small quantity generators that generate small amounts of hazardous waste in the state need an appropriate and economic means of disposing of the hazardous waste they generate. (b) (1) Counties and cities provide for the collection of household hazardous waste and very small quantity generator waste as a community service to ensure proper handling and disposal of the material and to prevent the potential contamination of solid waste landfills. (2) To the extent available, cities and counties should consider using public service television to provide public safety awareness and training on packaging and transporting household hazardous waste to collection centers. (c) To facilitate and increase the collection of household hazardous waste and very small quantity generator waste, it is the responsibility of the state to provide for an expedited and streamlined permitting and regulatory structure for household hazardous waste and very small quantity generator waste collection and handling. Overburdensome regulations defeat the objectives of providing convenient and accessible collection facilities and the protection of public health and safety. (d) Abandonment or illegal disposal of household hazardous waste and hazardous waste from small businesses and the continued disposal of those wastes into the solid waste stream is a threat to public health and safety and to the environment. (e) It is the shared responsibility of citizens, very small quantity generators, disposal facility operators, hazardous waste processors, manufacturers, sellers, solid waste handlers, and state and local agencies to ensure the proper recycling and disposal of household hazardous waste and very small quantity generator waste. (Amended by Stats. 2021, Ch. 153, Sec. 8. (AB 698) Effective January 1, 2022.)
25218.1.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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This section defines terms used in the article on household hazardous waste and small quantity generator 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.1. For purposes of this article, the following terms have the following meanings: (a) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. (b) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: (1) The program or service is operated by a public agency or its contractor. (2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. (3) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste transporter, to either of the following: (A) An authorized household hazardous waste collection facility. (B) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (c) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. (d) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. (e) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste. The operation of a household hazardous waste collection facility may include accepting hazardous waste from very small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, temporary household hazardous waste collection facilities, recycle-only household hazardous waste collection facilities, curbside household hazardous waste collection programs, door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, and mobile household hazardous waste collection facilities. (f) “Materials exchange program” means a program conducted at a household hazardous waste collection facility that makes reusable household hazardous products or materials available to recipients. (g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: (1) The facility is operated not more than four times in any one calendar year at the same location. (2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. (3) Upon the termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. (h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: (1) The facility is operated at the same location on a continuous, regular schedule. (2) The hazardous waste stored at the facility is removed within one year after collection. (i) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. (j) “Public agency” means a state or federal agency, county, city, or district. (k) “Quality assurance plan” means a written protocol prepared by a public agency, or its contractor, that is designed to ensure that reusable household hazardous products or materials that are collected by a household hazardous waste collection facility are evaluated to verify that the products or materials can be made available through a materials exchange program operated by that household hazardous waste collection facility. (l) “Recipient” means a person, as defined in Section 25118, including, but not limited to, a commercial entity, that accepts a reusable household hazardous product or material from a public agency, or its contractor, operating a materials exchange program pursuant to this article and that intends to use the product or material for its originally intended purpose or has a known market or disposition for the product or material. (m) “Recyclable household hazardous waste material” means any of the following: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Antifreeze. (5) Spent lead-acid batteries. (6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. (n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. (o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of household hazardous material received at a household hazardous waste collection facility that is determined, in accordance with a quality assurance plan, to be suitable and acceptable for distribution in a materials exchange program at a household hazardous waste collection facility operating pursuant to this article. (p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: (1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. (2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. (q) “Very small quantity generator” or “VSQG” means a generator that meets the criteria specified in Section 262.13 of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2021, Ch. 153, Sec. 9. (AB 698) Effective January 1, 2022.)
25218.10.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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The department and the California Integrated Waste Management Board must jointly maintain a database of household hazardous waste collection events, facilities, and programs, and make database information available to the public on request, but only to the extent funds are appropriated.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.10. The department and the California Integrated Waste Management Board shall jointly develop and maintain a data base of all household hazardous waste collection events, facilities, and programs within the state. The department and the California Integrated Waste Management Board shall both maintain that information, as a cooperative effort, and shall make information from the data base available to the public upon request. However, the department and the California Integrated Waste Management Board shall implement this section only to the extent that funds are appropriated therefor by the Legislature. (Added by Stats. 1993, Ch. 913, Sec. 13. Effective January 1, 1994.)
25218.11.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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The department must create a separate permitting structure for certain permanent household hazardous waste facilities, and those activities must be authorized by the department before they begin.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.11. (a) On or before March 31, 1996, the department shall develop a separate and distinct regulatory structure for the permitting of permanent household hazardous waste facilities that conduct the activities specified in subdivision (b). The regulations shall simplify the permitting of facilities and encourage the collection of material and shall be not more burdensome than is necessary to protect the public health and safety. The regulations adopted to implement this section shall balance public safety considerations of household hazardous waste collection with the safety and environmental considerations of illegal disposal. (b) The regulations adopted pursuant to subdivision (a) shall apply only to household hazardous waste collection activities that are operated by a public agency, or its contractor, and that accept only household hazardous waste or hazardous waste collected from very small quantity generators. The regulations shall require that, before the commencement of the activities specified in this subdivision, the activities shall be authorized by the department. (Amended by Stats. 2021, Ch. 153, Sec. 13. (AB 698) Effective January 1, 2022.)
25218.11.5.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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A public agency or its contractor must prepare and run a quality assurance plan for a materials exchange program, with specific checks for labeling, container condition, accepted items, facility coverage, and when items become 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.11.5. A quality assurance plan prepared and implemented by a public agency, or its contractor, shall meet the following conditions: (a) The public agency, or its contractor, shall design the quality assurance plan to ensure, using its best efforts with the resources generally available to the public agency, or its contractor, that a reusable household hazardous product or material selected for distribution is appropriately labeled, has labels that are intact and legible, is not contaminated, is not broken or leaking, and appears to be as it originated from the product or material manufacturer. The product or material selected for distribution may be in a container that has minor damage, such as dents or scratches, provided that the container maintains its integrity, any valves, caps, or lids appear functional, and the contents of the container do not appear compromised or impaired. (b) The quality assurance plan shall identify specific procedures for evaluating each container placed in a materials exchange program. (c) The quality assurance plan shall identify reusable household hazardous products and materials that shall not be accepted for distribution in a materials exchange program. Unacceptable products and materials may include, but are not limited to, any product or material that is not legal to use or sell in California. (d) The quality assurance plan shall be implemented at each household hazardous waste collection facility operated by the public agency, or its contractor, at which a materials exchange program is operated. (e) The quality assurance plan shall identify when a reusable household hazardous product or material no longer meets the conditions in the protocol in the materials exchange program and becomes a waste. For products and materials that are no longer reusable and that remain in inventory at the household hazardous waste collection facility, the product or material becomes a waste when discarded and shall be managed in accordance with the applicable hazardous waste requirements of this chapter. (Added by Stats. 2019, Ch. 485, Sec. 5. (SB 726) Effective January 1, 2020.)
25218.12.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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Public agencies or their contractors may run a materials exchange program for household hazardous waste if they follow the listed screening and labeling steps. Commercial entities and other recipients have reporting, handling, and transport obligations.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.12. (a) A public agency, or its contractor, may conduct a materials exchange program as a part of its household hazardous waste collection program if the public agency, or its contractor, does all of the following: (1) Determines which reusable household hazardous products or materials are suitable and acceptable for distribution to a recipient in accordance with a quality assurance plan prepared by the public agency, or its contractor. (2) Instructs a recipient to use the product or material in a manner consistent with the instructions on the label. (b) If a recipient that is a commercial entity intends to distribute a reusable household hazardous product or material to another recipient or end user, the public agency, or its contractor, shall do all of the following: (1) Require the commercial entity to provide the following information, with a signed statement certifying the accuracy of the information under penalty of perjury: (A) The commercial entity’s legal name, address, and telephone number. (B) Documentation supporting that the commercial entity has a known market or markets, or disposition, for any products or materials received, and a detailed description of that known market or markets, or disposition. (C) A declaration that the commercial entity intends to distribute the reusable household hazardous product or material for its originally intended purpose. (D) An explanation of how the commercial entity intends to dispose of any household hazardous products or materials it receives that remain unused. (2) Require the commercial entity to provide the public agency with an annual report, by September 1 of each year, for the period between July 1 of the prior year and June 30 of the current year, that provides a detailed accounting for the products or materials it received. The detailed accounting shall include a list of recipients or end users to whom the commercial entity distributed a product or material, the amount and type of product or material distributed to the recipient or end user, the amount and type of product or material that is awaiting distribution, and the amount, type, and disposition of any product or material that the commercial entity was unable to sell or donate. (3) Immediately discontinue providing reusable household hazardous products or materials to the commercial entity if the commercial entity cannot verify its compliance with paragraph (1) or (2). (c) If the recipient of a reusable household hazardous product or material is a business or employer, the recipient shall be responsible for obtaining any written information necessary for compliance with the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code). (d) A recipient of a reusable household hazardous product or material shall do all of the following: (1) Use the reusable household hazardous product or material in conformance with its label, and use appropriate personal protection. (2) Manage unused reusable household hazardous products or materials as hazardous waste, as required by applicable California law, or as required by any applicable law in the state in which the product or material is discarded. (e) Transportation of a reusable household hazardous product or material by a public agency, or its contractor, or by a recipient, shall be in compliance with all applicable shipping requirements of the United States Department of Transportation. (Amended by Stats. 2019, Ch. 485, Sec. 6. (SB 726) Effective January 1, 2020.)
25218.13.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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A permitted household hazardous waste collection facility may operate as a home-generated sharps consolidation point if it is approved by the enforcement agency and complies with Section 117904.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.13. (a) A household hazardous waste collection facility that has a permit issued under Section 25218.8 may operate as a “home-generated sharps consolidation point,” as defined in subdivision (b) of Section 117904, if the facility is approved by the enforcement agency as a point of consolidation pursuant to Section 117904 and the facility complies with the provisions of that section. (b) For the purposes of this section, “sharps waste” has the meaning defined in Section 40190.5 of the Public Resources Code. (Added by Stats. 2004, Ch. 157, Sec. 2. Effective January 1, 2005.)
25218.14.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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The department must convene a Retail Waste Working Group, and the group must study certain issues and report its findings and recommendations to the Legislature by June 1, 2017.

## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.14. (a) The department shall convene a Retail Waste Working Group comprised of representatives of large retailers, small retailers, district attorneys, certified unified program agencies, nongovernment organizations, local governments, other relevant state agencies as determined by the department, manufacturers, reverse distributors, and other stakeholders to consider and make findings and recommendations on the following: (1) Regulatory and statutory requirements that may be considered confusing or may need clarification or specification when applied to the overall management by manufacturer, distributor, supplier, vendor, retail, and reverse logistics facilities of surplus household consumer products, including products that can be considered hazardous waste or pharmaceutical waste once a waste determination is made. (2) Statutory or regulatory recommendations to facilitate and increase the donation, liquidation, and sale of surplus household consumer products, and waste reduction opportunities for those products, and to clarify waste management requirements to encourage the management of surplus household consumer products by manufacturer, distributor, supplier, vendor, retail, and reverse logistics facilities in a manner that is protective of public health and the environment. (b) For purposes of this section, “surplus household consumer product” means a household consumer product that cannot or will not be sold to a consumer through that product’s primary market. (c) By June 1, 2017, the Retail Waste Working Group shall report the findings and recommendations made pursuant to subdivision (a) to the Legislature. (Added by Stats. 2016, Ch. 771, Sec. 1. (SB 423) Effective January 1, 2017.)
25218.2.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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Before starting operations, a public agency or its contractor that will run a household hazardous waste collection facility must send specified written information to the CUPA or, if there is no CUPA, to the authorized officer or agency. It must also later report significant changes to the facility’s operating schedule, and keep doing so until the listed statewide reporting-system 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.2. (a) Prior to commencing operations, a public agency, or its contractor, that intends to operate a household hazardous waste collection facility shall submit the following written information to the CUPA, or, in those jurisdictions where there is no 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: (1) A certification that the household hazardous waste collection facility will be operated in accordance with this article and with any other requirement that may be imposed by the department by regulation. (2) All of the following information: (A) The facility’s name. (B) The facility’s location. (C) The facility’s generator identification number. (D) The date that the facility will begin operation. (E) The facility’s operating schedule. (b) In addition to the information required pursuant to paragraph (2) of subdivision (a), the public agency, or its contractor, shall also subsequently notify the CUPA, or, in those jurisdictions where there is no CUPA, 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, of any significant change in the facility’s operating schedule. (c) The public agency, or its contractor, shall also submit the written information pursuant to subdivision (a), and notify the department pursuant to subdivision (b), until (1) regulations promulgated by the Secretary for Environmental Protection establishing a unified program information collection and reporting system and standards are effective, (2) the regulations require a statewide data base system that will enable the department and the public to obtain the required information from all CUPAs or the authorized officers or agencies, and (3) the statewide data base system is in place and fully operational. (Amended by Stats. 1997, Ch. 778, Sec. 3. Effective January 1, 1998.)
25218.3.
## 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. )
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The department may authorize certain household hazardous waste collection facilities to accept waste from a VSQG, but authorized facilities must stay within monthly and annual quantity limits and follow related handling 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.3. (a) The department may authorize a household hazardous waste collection facility to accept hazardous waste from a VSQG. (b) (1) A household hazardous waste collection facility that is authorized to accept hazardous waste from a VSQG pursuant to subdivision (a) shall not accept more than 100 kilograms of hazardous waste, or 1 kilogram of extremely hazardous waste, from any one VSQG in a calendar month. Calculations of quantity under this subdivision shall not include 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. (2) Notwithstanding paragraph (1), a household hazardous waste collection facility may accept more than 100 kilograms of hazardous waste from a VSQG at a single time as long as it accepts a total of no more than 1,200 kilograms of hazardous waste from that VSQG in a calendar year. (3) The limits specified in this subdivision do not apply to recyclable latex paint or oil-based paint accepted by a household hazardous waste collection facility that accepts recyclable paint pursuant to Section 25217.2 or oil-based paint pursuant to Section 25217.2.1. (c) A public agency, or its contractor, that accepts hazardous waste from a VSQG pursuant to this section may charge the VSQG a fee for the cost incurred in handling their hazardous waste. (d) The department may adopt and revise regulations for household hazardous waste collection facilities, including those that are authorized to accept hazardous waste from a VSQG. The regulations shall provide for all of the following: (1) Promoting the reduction, reclamation, and recycling of hazardous waste over other hazardous waste management alternatives. (2) Ensuring the safe transport of household hazardous waste and hazardous waste to authorized collection programs. (3) Ensuring the compliance of participating VSQGs with the monthly quantity limitations specified in Section 262.13 of Title 40 of the Code of Federal Regulations. (e) Notwithstanding any other law, a household hazardous waste collection facility may authorize a person delivering waste at the acceptance area of the facility to exit their vehicle only if the facility determines that the person is required to exit the vehicle in order to provide access to the household hazardous waste being delivered. After providing the required access, the facility shall ensure that the person immediately returns to their vehicle. (f) Notwithstanding any other law, a household hazardous waste collection facility may accept hazardous waste from a VSQG in the same area and at the same time that the facility accepts residential household hazardous waste. (Amended by Stats. 2022, Ch. 499, Sec. 5. (AB 2481) Effective January 1, 2023.)

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