Health and Safety Code — Part 55 | HSC — United States — California law | Esheria

Health and Safety Code

Part 55 of 87 · provisions 10,801–11,000

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

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

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 25218.4.

    ## 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 10.8. 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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    Some transporters of household hazardous waste, including VSQGs taking hazardous waste to an authorized household hazardous waste collection facility, are exempt from certain manifest and subdivision requirements if they meet Section 25218.5 conditions and no subdivision (f) 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.4. Except as provided in subdivision (f) of Section 25218.5, a person who transports household hazardous waste, and any VSQG that transports hazardous waste to an authorized household hazardous waste collection facility, who meets the conditions of Section 25218.5, is exempt from subdivision (a) of Section 25163 and from the requirement for possession of a manifest in paragraph (1) of subdivision (d) of Section 25160. (Amended by Stats. 2021, Ch. 153, Sec. 11. (AB 698) Effective January 1, 2022.)
  2. 25218.5.

    ## 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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    This section limits who may transport household hazardous waste to a collection facility and sets packaging, manifest, and volume rules for different transport and collection programs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 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. ) ## 25218.5. (a) (1) Except as provided in paragraph (2), hazardous waste transported to a household hazardous waste collection facility shall be transported by any of the following: (A) The individual or VSQG who generated the waste. (i) Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons including, but not limited to, death, illness, or disability. (ii) The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service. (iii) A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household. (B) A curbside household hazardous waste collection program. (C) A mobile household hazardous waste collection facility, a temporary or permanent household hazardous waste collection facility, or a recycle-only household hazardous waste collection facility. (D) A door-to-door household hazardous waste collection program. (E) A household hazardous waste residential pickup service. (F) A registered hazardous waste transporter carrying hazardous waste generated by a VSQG. (G) A public agency, contractor of a public agency, or a registered hazardous waste transporter carrying hazardous waste from a solid waste facility or operation, including, but not limited to, a solid waste landfill loadcheck program or a transfer station loadcheck program, under agreement with the household hazardous waste collection facility. (H) A public agency, contractor of a public agency, or a registered hazardous waste transporter, under agreement with the household hazardous waste collection facility, operating under a contract with a public agency to transport hazardous wastes that were disposed of in violation of this chapter, and that are being removed by, or are being removed under the oversight of, the public agency, provided no more than 55 gallons or 500 pounds are being transported, and the hazardous wastes were not originally disposed of in violation of this chapter by that public agency. (2) Spent batteries that are received and transported pursuant to Section 25216.1 may be transported to a household hazardous waste collection facility from a collection location or an intermediate collection location. (3) Notwithstanding Section 25218.4, a registered hazardous waste transporter or mobile household hazardous waste collection facility transporting hazardous waste to a household hazardous waste collection facility shall comply with subdivision (f) of Section 25163. (b) An individual transporting household hazardous waste generated by that individual and a VSQG transporting hazardous waste generated by the VSQG to a household hazardous waste collection facility shall meet all of the following conditions: (1) (A) Except as provided in subparagraphs (B) and (C) and Section 25218.5.1, the total amount of household hazardous waste transported by an individual or hazardous waste transported by a VSQG to a household hazardous waste collection facility shall not exceed a total liquid volume of five gallons or a total dry weight of 50 pounds. If the hazardous waste transported is both liquid and nonliquid, the total amount transported shall not exceed a combined weight of 50 pounds. (B) Subparagraph (A) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility. (C) A VSQG may transport up to 27 gallons or 220 pounds, but not more than 100 kilograms, per month to a household hazardous waste collection facility, if all of the following conditions are met: (i) The hazardous waste being transported was generated by that VSQG. (ii) The VSQG contacts the household hazardous waste collection facility before each delivery to confirm that the facility will accept the hazardous waste. (iii) The household hazardous waste collection facility provides oral, written, or electronic instructions to the VSQG before each delivery on proper packing for the safe transportation of the specific hazardous waste being transported. (iv) The VSQG or employees of the VSQG transport the hazardous waste in a vehicle owned or leased and operated by the VSQG. (D) The limits in this subdivision do not apply to recyclable latex paints or oil-based paints transported to a household hazardous waste collection facility. (2) The household hazardous waste and VSQG hazardous waste that is transported shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (3) Different household hazardous wastes or different VSQG hazardous wastes shall not be mixed within a container before or during transport. (4) If the hazardous waste is an extremely hazardous waste or an acutely hazardous waste, the total amount transported by a VSQG shall not exceed 2.2 pounds. (c) (1) Except as provided in paragraph (2), the total combined volume or weight of used oil filters and antifreeze transported to a recycle-only household hazardous waste collection facility by any one individual shall not exceed a total liquid volume of 10 gallons or a total dry weight of 100 pounds. Up to two spent lead-acid batteries may be transported at the same time and not more than 20 gallons of used oil may be transported in the same vehicle if the volume of each individual container does not exceed five gallons. (2) Paragraph (1) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility. (d) A curbside household hazardous waste collection program shall meet all of the following conditions: (1) Not more than a total combined weight of 10 pounds of used oil filters shall be collected from a single residence at one time. (2) Not more than five gallons of used oil shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons. (3) The volume of each individual container of architectural paint collected shall not exceed five gallons. (4) Hazardous waste containing mercury shall not be collected by a curbside household hazardous waste collection program unless the waste is contained in secure packaging that prevents breakage and spillage. (5) Fluorescent light tubes that are four feet or greater in length shall not be collected by a curbside household hazardous waste collection program. (6) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (7) Different household hazardous wastes shall not be mixed within a container before or during transport. (e) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service shall meet all of the following conditions: (1) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (2) Different household hazardous wastes shall not be mixed within a container before or during transport. (3) (A) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service is exempt from the requirements of Section 25160 regarding the use of a manifest when transporting household hazardous waste collected from individual residences to an authorized hazardous waste collection facility. In lieu of a manifest, a receipt shall be issued for the household hazardous waste collected from an individual residence, and a copy of the receipt shall be retained by the public agency for a period of at least three years. (B) If household hazardous waste is transported to a hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, the consolidated manifesting procedures specified in Section 25160.8 shall be used by the public agency or its contractor. (f) Notwithstanding Section 25218.4, a permanent household hazardous waste collection facility, a mobile household hazardous waste collection facility, a temporary household hazardous waste collection facility, a recycle-only household hazardous waste collection facility, or a solid waste load checking program operating under an agreement with a household hazardous waste collection facility that transports household hazardous waste from the collection facility to a household hazardous waste collection facility pursuant to subdivision (a) shall comply with subdivision (f) of Section 25163 and paragraph (1) of subdivision (d) of Section 25160. (g) (1) Except as provided in paragraph (2), a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service shall not be deemed to be a household hazardous waste collection facility for purposes of this chapter if it is operated in conjunction with an authorized household hazardous waste collection facility. (2) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, under which household hazardous waste is collected from households in one jurisdiction and transported to an authorized household hazardous waste collection facility in another jurisdiction, shall be deemed a household hazardous waste collection facility for purposes of this chapter and shall submit the notification required in Section 25218.2 to each Certified Unified Program Agency in whose jurisdiction the household hazardous waste is collected. (Amended by Stats. 2022, Ch. 499, Sec. 6. (AB 2481) Effective January 1, 2023.)
  3. 25218.5.1.

    ## 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 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 may raise the transport limits for household hazardous waste if it finds its program has adequate public education on safe packaging and transport.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.5.1. Notwithstanding Section 25218.5, a public agency may increase the maximum liquid volume and dry weight authorized to be transported pursuant to paragraph (1) of subdivision (b) of, and subdivision (c) of, Section 25218.5, to a total liquid volume of 15 gallons or a total dry weight of 125 pounds, if the public agency, as the case may be, finds that the local household hazardous waste collection program operated by that public agency, or its contractor, has adequate public education programs to inform the public on proper techniques for packaging and transporting the household hazardous waste to the program’s household hazardous waste collection facilities. (Amended by Stats. 2019, Ch. 485, Sec. 4. (SB 726) Effective January 1, 2020.)
  4. 25218.7.

    ## 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 10.8. 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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    Corrective action provisions under Section 25200.10 do not apply to permits for temporary household hazardous waste collection 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 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.7. The corrective action provisions of Section 25200.10 do not apply to a permit issued for the operation of a temporary household hazardous waste collection facility. (Added by Stats. 1993, Ch. 913, Sec. 13. Effective January 1, 1994.)
  5. 25218.8.

    ## 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 10.8. 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 household hazardous waste collection facility generally must have a hazardous waste facilities permit, unless it qualifies as a recycle-only facility meeting all listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.8. Household Hazardous Waste and Small Quantity Generator Waste [25218 - 25218.14] ( Article 10.8 added by Stats. 1993, Ch. 913, Sec. 13. ) ## 25218.8. (a) Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection facility. (b) A hazardous waste facilities permit is not required for the operation of a recycle-only household hazardous waste collection facility if all of the following conditions are met: (1) The facility accepts only the following recyclable household hazardous waste materials for subsequent transport to an authorized recycling facility: (A) Latex paint. (B) Used oil. (C) Used oil filters. (D) Antifreeze. (E) Spent lead-acid batteries. (F) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. (G) Oil-based paint accepted pursuant to the requirements in Section 25217.2.1. (2) No hazardous wastes or other materials are handled at the facility other than the materials specified in paragraph (1). (3) The materials are transported to the collection facility by either of the following: (A) The person who generated the material. (i) Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons including, but not limited to, death, illness, or disability. (ii) The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service. (iii) A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household. (B) The authorized curbside household hazardous waste collection program or other household hazardous waste programs and sources, including load checking sources. (4) The materials transported to the facility are transported in accordance with Section 25218.5. (5) The materials collected are not stored at the facility for more than 180 days, except that less than one ton of spent lead-acid batteries may be stored at the facility for up to one year. More than one ton of spent lead-acid batteries shall not be stored at the facility for more than 180 days. (6) The materials collected are managed in accordance with the hazardous waste labeling, containerization, emergency response, and personnel training requirements of this chapter. (7) The facility is in compliance with Section 25218.2. (Amended by Stats. 2022, Ch. 499, Sec. 7. (AB 2481) Effective January 1, 2023.)
  6. 25218.9.

    ## 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 10.8. 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 operating a household hazardous waste collection facility must submit Form 303 each year by October 1 to the CUPA or, if there is no CUPA, to the authorized officer or agency. It must also be submitted to the department until certain statewide reporting regulations and database 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. ) ## 25218.9. On or before October 1 of each year, a public agency, or its contractor, operating a household hazardous waste collection facility shall submit to the CUPA, 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, a copy of the completed California Integrated Waste Management Board Form 303, which is required to be submitted to that board for the prior fiscal year pursuant to regulations adopted by that board. The completed California Integrated Waste Management Board Form 303 shall also be submitted to the department 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. 4. Effective January 1, 1998.)
  7. 25219.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.9. Battery Management: Federal Regulation [25219 - 25219.2] ( Article 10.9 added by Stats. 1996, Ch. 575, Sec. 1. )

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    This section defines two terms used in the article: “federal battery management act” and “federally regulated battery.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.9. Battery Management: Federal Regulation [25219 - 25219.2] ( Article 10.9 added by Stats. 1996, Ch. 575, Sec. 1. ) ## 25219. As used in this article, the following terms have the following meaning: (a) “Federal battery management act” means the Mercury-Containing and Rechargeable Battery Management Act (P.L. 104-142), or that act as it may thereafter be amended. (b) “Federally regulated battery” means a battery that is subject to the federal battery management act. (Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)
  8. 25219.1.

    ## 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 10.9. Battery Management: Federal Regulation [25219 - 25219.2] ( Article 10.9 added by Stats. 1996, Ch. 575, Sec. 1. )

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    Federal battery rules are treated as state law for easy removability, labeling, collection, storage, and transport of federally regulated batteries, and those batteries must be managed under the federal battery management 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 10.9. Battery Management: Federal Regulation [25219 - 25219.2] ( Article 10.9 added by Stats. 1996, Ch. 575, Sec. 1. ) ## 25219.1. (a) Notwithstanding any other provision of law, including, but not limited to, any other provision of this chapter, the federal battery management act shall be deemed to be the law of this state with regard to the easy removability, environmental labeling, collection, storage, and transportation of federally regulated batteries, and any battery that is a federally regulated battery shall be managed in accordance with the federal battery management act. (b) It is the intent of subdivision (a) to make the necessary changes in state law to allow the department to seek and maintain the approval of the Administrator of the Environmental Protection Agency to implement and enforce the requirements of subsection (a) of Section 104 of the federal battery management act. (Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)
  9. 25219.2.

    ## 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 10.9. Battery Management: Federal Regulation [25219 - 25219.2] ( Article 10.9 added by Stats. 1996, Ch. 575, Sec. 1. )

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    Batteries not subject to Section 25219.1 must be managed in line with the rest of this chapter, except where this article provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 10.9. Battery Management: Federal Regulation [25219 - 25219.2] ( Article 10.9 added by Stats. 1996, Ch. 575, Sec. 1. ) ## 25219.2. Except as provided in this article, batteries not subject to regulation pursuant to Section 25219.1 shall be managed in compliance with all other requirements of this chapter. (Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)
  10. 25220.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

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    The department must notify local planning and building departments about recorded land use restrictions, and those departments must file the restrictions and require variance or removal requests to go to the department.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25220. (a) The department shall notify the planning and building department of each city, county, or regional council of governments of any recorded land use restriction imposed within the jurisdiction of the local agency pursuant to the former Section 25229, 25230, or 25398.7, as those sections read prior to June 27, 2012, or Section 25202.5, 25221, or 79055. Upon receiving this notification, the planning and building department shall do both of the following: (1) File all recorded land use restrictions in the property files of the city, county, or regional council of government. (2) Require that a person requesting a land use that differs from those filed land use restrictions on the property apply to the department for a variance or a removal of the land use restrictions pursuant to Section 25223 or 25224. (b) A planning and building department of a city, county, or regional council of governments may assess a property owner a reasonable fee to cover the costs of taking the actions required by subdivision (a). For purposes of this subdivision, “property owner” does not include a person who holds evidence of ownership solely to protect a security interest in the property, unless the person participates, or has a legal right to participate, in the management of the property. (c) The department shall maintain a list of all recorded land use restrictions, including deed restrictions, recorded pursuant to the former Sections 25229, 25230, and 25398.7, as those sections read prior to June 27, 2012, and Sections 25202.5, 25221, and 79055. The list shall, at a minimum, provide the street address, or, if a street address is not available, an equivalent description of location for a rural location or the latitude and longitude of each property. The department shall update the list as new deed restrictions are recorded. The department shall make the list available to the public, upon request, and shall make the list available on the department’s internet website. The list shall also be incorporated into the list of sites compiled pursuant to Section 65962.5 of the Government Code. (Amended by Stats. 2022, Ch. 258, Sec. 60. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  11. 25221.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

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    A person may make a property-use restriction agreement with the department, and the owner must record it; the person must also pay the costs of determining the land-use restrictions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25221. A person may enter into an agreement with the department regarding his or her property, or a portion thereof, which provides for restricting specified uses of the property, as determined by all parties to the agreement. Except as otherwise provided in this article, the agreement is irrevocable and shall be recorded by the owner, pursuant to paragraph (1) of subdivision (a) of Section 25220, as a hazardous waste easement, covenant, restriction, or servitude, or any combination of those servitudes, as appropriate, upon the present and future uses of the land. That person shall bear all costs incurred in determining the specific land use restrictions for his or her property, or a portion of the property pursuant to this subdivision. (Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (SB 1018) Effective June 27, 2012.)
  12. 25222.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

    Verify source ↗

    The department must give public notice of a proposed Section 25221 agreement at least 30 days before a hearing or execution, and must also notify the relevant city or county when the agreement is proposed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25222. Public notice of an agreement proposed to be entered into pursuant to Section 25221 shall be provided by the department at least 30 days before a hearing on, or execution of, the agreement. The notice shall be given by publication once in a newspaper of general circulation published and circulated in the locale or, if there is none, by posting the notice in at least three public places in the locale. In the case of a proposed agreement, the department shall also give notice to the city or county in whose jurisdiction the property is located. Public comment on the proposed agreement entered into pursuant to Section 25221 shall be submitted to the department in writing. (Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (SB 1018) Effective June 27, 2012.)
  13. 25223.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

    Verify source ↗

    A person may ask the department for a written variance from a land use restriction, but must provide enough evidence for a hearing notice and must pay the department’s application-related 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 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25223. (a) A person may apply to the department for a written variance from a land use restriction imposed by the department. An application shall contain sufficient evidence for the department to issue a notice for a hearing. The notice shall contain both of the following: (1) A statement of all of the following that apply: (A) Land use restrictions have been imposed on the land. (B) A hearing is pending on the land. (2) A statement of who is applying for a variance, the proposed variance, and a statement of the reasons in support of the granting of a variance. (b) The procedures for the conducting of the hearing specified in subdivision (a) are those set forth in former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20. A person shall not make a subsequent application pursuant to this section within 18 months of a final decision on an application by the department. A person applying for a variance pursuant to this section shall pay the department for all costs incurred by the department relating to the application. (c) The applicant shall have the burden of proving at the hearing that the variance will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste: (1) The creation or increase of significant present or future hazards to public health. (2) A significant diminution of the ability to mitigate any significant potential or actual hazard to public health. (3) A long-term increase in the number of humans or animals exposed to significant hazards that affect the health, well-being, or safety of the public. (d) If, upon the preponderance of the testimony taken, the director is of the opinion that the variance should be granted, the director shall issue and cause to be served his or her decision and findings of fact on the owner of the land, the legislative body of the city or county in whose jurisdiction the land is located, and upon any other persons who were permitted to intervene in the proceedings. The findings of fact shall include the exact nature of the proposed variance and the reasons in support of the granting of the variance. (e) If the director is of the opinion that the variance should not be granted, the director shall issue and cause to be served his or her findings of fact in support of the denial on the parties specified in subdivision (d). (f) The department shall record within 10 days any final decision made by the director pursuant to this section as provided in Section 25225. (g) A decision of the director made after a hearing held pursuant to this section shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds that it is supported by substantial evidence. (Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (SB 1018) Effective June 27, 2012.)
  14. 25224.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

    Verify source ↗

    A person may ask the department to remove a land use restriction if the waste no longer poses a significant hazard, but the person must pay the department’s costs and cannot file again within 12 months of a final decision.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25224. (a) A person may apply to the department to remove a land use restriction imposed by the department on the grounds that the waste no longer creates a significant existing or potential hazard to present or future public health or safety. A person shall not make a subsequent application pursuant to this section within 12 months of a final decision on an application by the department. A person applying to the department pursuant to this section shall pay the department all costs incurred by the department relating to the application. An application shall contain sufficient evidence for the department to make a finding upon any or all of the following grounds: (1) The hazardous waste that caused the land to be restricted or designated has since been removed or altered in a manner that precludes any significant existing or potential hazard to present or future public health. (2) New scientific evidence is available since the restriction or designation of the land or the making of any previous application pursuant to this section, concerning either of the following: (A) The nature of the hazardous waste that caused the land to be designated. (B) The geology or other physical environmental characteristics of the designated land. (b) An aggrieved person may appeal a determination of the department made pursuant to subdivision (a) by submitting a request for a hearing to the director. The request shall be mailed by certified mail not later than 30 days after the date of the mailing of the department’s decision on the application. (c) Upon receipt of a timely appeal, the director shall give notice of a hearing pursuant to the procedures set forth in this article. (d) The department shall record within 10 days any new and final determination made by the department pursuant to this section as provided in Section 25225. (e) A determination made by the department, after a hearing held pursuant to this section, shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds that it is supported by substantial evidence. (f) Whenever there is a final determination pursuant to this section removing a land use restriction, the easement, covenant, restriction, or servitude imposed on the land created by Section 25221 or 79055 or the former Section 25222.1 or 25230 shall automatically terminate. The department shall record or cause to be recorded within 10 days a termination of the easement, covenant, restriction, or servitude, which shall particularly describe the real property subject to the easement, covenant, restriction, or servitude and shall be indexed by the recorder in the grantee index in the name of the record title owner of the real property subject to the easement, covenant, restriction, or servitude and in the grantor index in the name of the department. (Amended by Stats. 2022, Ch. 258, Sec. 61. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  15. 25225.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

    Verify source ↗

    The department must record certain final written instruments within 10 days with the county recorder.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25225. The department shall record within 10 days any final written instrument made pursuant to Section 25221 or 25224 with the county recorder of the county in which the property is located. Any recordation made pursuant to this article or Section 25202.5 or 79055 shall include the street address, assessor’s parcel number, or legal description of each parcel affected and the name of the owner thereof, and the recordation shall be recorded by the recorder in the grantor index in the name of the record title owner of the real property and in the grantee index in the name of the department. (Amended by Stats. 2022, Ch. 258, Sec. 62. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  16. 25226.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

    Verify source ↗

    An assessor must treat certain listed restrictive land-use instruments as enforceable and must reassess the restricted land at the lien date after they are adopted or imposed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25226. An assessor shall consider a restrictive easement, covenant, restriction, or servitude adopted pursuant to the former Section 25230, as that section read prior to June 27, 2012, or Section 25202.5, 25221, or 79055 as an enforceable easement, covenant, restriction, or servitude subject to Section 402.1 of the Revenue and Taxation Code and shall appropriately reassess the land, those of which has been restricted, at the lien date following the adoption or imposition of the easement, covenant, restriction, or servitude. (Amended by Stats. 2022, Ch. 258, Sec. 63. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  17. 25227.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. )

    Verify source ↗

    A person may not make certain land-use changes on restricted land unless they get written approval 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 11.1. Institutional Control [25220 - 25227] ( Article 11.1 added by Stats. 2012, Ch. 39, Sec. 39. ) ## 25227. A person shall not engage in any of the following on land that is subject to a recorded land use restriction pursuant to former Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Section 25202.5, 25221, or 79055, unless the person obtains a specific approval in writing from the department for the land use on the land in question: (a) A new use of the land, other than the use, modification, or expansion of an existing industrial or manufacturing facility or complex on land that is owned by, or held for the beneficial use of, the facility or complex on or before January 1, 1981. (b) Subdivision of the land, as that term is used in Division 2 (commencing with Section 66410) of Title 7 of the Government Code, except that this subdivision does not prevent the division of a parcel of land so as to divide that portion of the parcel that contains hazardous materials, as defined in subdivision (d) of Section 25260, from other portions of that parcel. (c) Construction or placement of a building or structure on the land that is intended for use as any of the following, or the new use of an existing structure for the purpose of serving as any of the following: (1) (A) Except as provided in subparagraph (B), a residence, including a mobilehome or factory built housing constructed or installed for use as permanently occupied human habitation. (B) The addition of rooms or living space to an existing single-family dwelling or other minor repairs or improvements to residential property that do not change the use of the property, increase the population density, or impair the effectiveness of a response action, shall not constitute construction or placement of a building or structure for purposes of subparagraph (A). (2) A hospital for humans. (3) A school for persons under 21 years of age. (4) A day care center for children. (5) A permanently occupied human habitation, other than those used for industrial purposes. (Amended by Stats. 2022, Ch. 258, Sec. 64. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  18. 25230.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    This section says the article is meant to address treated wood waste and should not be treated as a precedent for other hazardous wastes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230. The Legislature finds and declares that this article is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this article does not set a precedent applicable to the management, including disposal, of other hazardous wastes. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  19. 25230.1.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the treated wood waste 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.1. For purposes of this article, the following definitions apply: (a) “Class I hazardous waste landfill” means a landfill that is also authorized as part of a permitted facility. “Landfill” and “permitted facility” have the same meanings as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (b) “Solid waste landfill” means a facility, as defined in Section 40195.1 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (c) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (d) “Treated wood waste” means wood waste that meets the requirements described in Section 25230.2. (e) “Treated wood waste approved landfill” means a class I hazardous waste landfill, or a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste and that is in compliance with this article. (f) (1) “Treated wood waste facility” means any of the following: (A) A solid waste landfill that is in compliance with this article. (B) A transfer or processing station that is in compliance with this article. For purposes of this subparagraph, “transfer or processing station” is a facility, as defined in Section 40200 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (C) A gasification facility that is in compliance with this article. For purposes of this subparagraph, “gasification facility” is a facility that uses a gasification process, as defined in Section 40117 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (D) A treated wood waste approved landfill that is in compliance with this article. (E) A class I hazardous waste landfill. (F) A small volume construction and demolition debris and inert debris (CDI) processing operation that is in compliance with this article. For purposes of this subparagraph, a “small volume construction and demolition debris and inert debris (CDI) processing operation” is a site that receives less than 25 tons of any combination of construction and demolition debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (G) A limited volume transfer operation that is in compliance with this article. For purposes of this clause, a “limited volume transfer operation” is an operation that receives less than 60 cubic yards, or 15 tons, of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and that does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator, and that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (2) “Treated wood waste facility” does not include either of the following: (A) A composting facility. For purposes of this subparagraph, “composting facility” is a facility that produces compost, as defined in Section 40116 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (B) A transformation facility. For purposes of this subparagraph, “transformation facility” is a facility that uses a transformation process, as defined in Section 40201 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (g) “Treated wood waste handler” means a person who generates, handles, collects, processes, accumulates, stores, transfers, transports, treats, recycles, or disposes of treated wood waste. (h) “Unit” means a pile, stack, container, bundle, or other discernable aggregation of treated wood waste for purposes of this article. (i) “Wood preserving industry” means business concerns, either individually or collectively through a trade association, other than retailers, that manufacture or sell treated wood products in the state. (j) “Wood waste” means all waste timber products and failed timber products, including solid sawn lumber and engineered wood products, offcuts, shavings, and sawdust that meet the definition of “waste” pursuant to Section 25124. “Wood waste” does not mean forest residues, green waste, or garden waste materials such as branches, bushes, and tree stumps. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  20. 25230.10.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    This section defines “resizing” and generally prohibits treatment of treated wood waste, with exemptions for resizing and sorting/segregating 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.10. (a) For purposes of this section, “resizing” means minimal cutting, breaking, or sawing, but does not include planing, grinding, drilling, chipping, sanding, shredding, mulching, or other mechanical handling or any other treatment. (b) Except as provided in subdivisions (c) and (d), treatment, as defined in Section 25123.5, of treated wood waste managed in accordance with the alternative management standards of this article is prohibited. (c) Resizing is exempt from the permitting requirements of this chapter when resized to facilitate transport or reuse and the following requirements are met: (1) The treated wood waste is handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment. (2) If size reduction of the treated wood waste results in sawdust, particles, or other material smaller than one cubic inch, the material is captured and managed as treated wood waste. (d) Sorting and segregating are both exempt from the hazardous waste permitting requirements of this chapter. The treated wood waste shall be handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment. (e) An employer resizing, sorting, or segregating treated wood waste shall comply with the employee training requirements of Section 25230.12 for all applicable employees. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  21. 25230.11.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    Treated wood waste disposed to land must go to a qualifying landfill, and landfills that accept it must follow handling, scavenging-prevention, and release-notification 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.11. (a) Notwithstanding Sections 25189.5 and 25201, when disposed to land, treated wood waste shall be disposed of in either a class I hazardous waste landfill or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste. (b) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements: (1) Manage the treated wood waste to prevent scavenging. (2) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this article, including the prohibitions in Section 25230.3 for handling treated wood waste. (3) Handle treated wood waste in a manner consistent with all applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste. (4) (A) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release. (B) The landfill unit shall notify the department that treated wood waste is no longer being discharged to that landfill unit and when corrective action results in cessation of the release. (Amended by Stats. 2022, Ch. 28, Sec. 92. (SB 1380) Effective January 1, 2023. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  22. 25230.12.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    An employer managing treated wood waste must train covered employees and keep a training record for three years, available for department review.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.12. (a) An employer managing treated wood waste shall provide training for all employees handling treated wood waste and all employees that may reasonably be expected to contact treated wood waste. The training shall include all of the following: (1) All applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste. (2) Procedures for identifying and segregating treated wood waste. (3) Safe handling practices. (4) Requirements of the alternative management standards. (5) Proper disposal methods. (b) A record of the training described in subdivision (a) shall be maintained for a period of three years and available for review by the department. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  23. 25230.13.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    The Legislature states it will continue working with the department on enforcement and compliance for this article when resources are available.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.13. The Legislature intends to continue to work with the department in order to ensure adequate enforcement of and compliance with this article, including estimations for adequate enforcement, when resources are made available for those purposes. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  24. 25230.14.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    The department must update the Legislature on request, and the wood preserving industry must update 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.14. (a) The Legislature intends to continue to evaluate the alternative management standards for treated wood waste, including the potential for longer term solutions that may replace the continuation of the alternative management standards and disposal of treated wood waste in solid waste landfills. The department shall update the Legislature, upon request, regarding the alternative management standards and changes to the treated wood waste program. (b) The wood preserving industry shall update the department, upon request, on trends within the wood preserving industry regarding the use of treated wood preservatives and the generation of treated wood waste. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  25. 25230.15.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    The wood preserving industry must maintain a website and outreach materials about treated wood waste, update them yearly, share them with specified recipients, and report recipient names and addresses annually to the department.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.15. (a) The wood preserving industry shall, in consultation with the department, maintain an internet website and prepare fact sheets and other outreach materials on the appropriate handling, disposal, and other management of treated wood waste for generators of treated wood waste and for facilities that may receive or handle treated wood waste. The outreach materials shall include, but not be limited to, information on how to identify treated wood waste compared to other wood wastes, instructions for how to properly handle, store, and dispose of treated wood waste, instructions on the required documentation for treated wood waste disposal, information on the appropriate use of protective equipment for handling treated wood and for field treating, and other information on maintaining compliance with the treated wood waste requirements for generators of treated wood waste and for facilities that may receive or handle treated wood waste pursuant to this article. (b) The wood preserving industry shall annually update and renew the outreach materials prepared pursuant to subdivision (a), as appropriate. (c) The wood preserving industry, in consultation with the department, shall disseminate, electronically or by mail, fact sheets and other outreach materials about the proper management and disposal of treated wood waste to generators, transporters, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste, and shall also provide the materials with each shipment of treated wood products to a wholesaler or retailer of treated wood. (d) The wood preserving industry shall provide an annual update to the department, which shall include, but not be limited to, a list of the names and addresses of the generators, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste that were provided outreach materials in the prior year. (e) The wood preserving industry shall provide the outreach materials prepared pursuant to subdivision (a) to the Contractors’ State License Board for distribution to contractors, and shall send the outreach materials to fencing, decking, and landscape contractors, by electronic mail or mail, using the Contractors’ State License Board’s available listings and license application packages. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  26. 25230.16.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    If treated wood waste is accepted by a solid waste landfill that handles it under the cited conditions, it is treated as solid waste and not hazardous waste.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.16. If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5 or subdivision (b) of Section 25230.11, the treated wood waste, upon acceptance by the solid waste landfill, shall thereafter be deemed to be a solid waste, and not a hazardous waste, for purposes of this chapter and Section 40191 of the Public Resources Code. (Added by renumbering Section 25150.8 by Stats. 2021, Ch. 147, Sec. 1. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  27. 25230.17.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    If the department is prepared, as determined by the director, it must notify the Legislature by July 1, 2028.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.17. No later than July 1, 2028, the department shall provide notification to the Legislature in compliance with Section 9795 of the Government Code if the department is prepared, as determined by the director, to ensure the safe management of treated wood waste in accordance with this chapter if this article is repealed. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  28. 25230.18.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    This article may be repealed on January 1, 2030 if the department gave the Section 25230.17 notice by July 1, 2028, unless a later statute changes that date.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.18. If, as of July 1, 2028, the department has provided the notification pursuant to Section 25230.17, this article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. This article shall remain in effect if, as of July 1, 2028, the department has not provided the notification pursuant to Section 25230.17, unless this article is repealed by another statute. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, by its own provisions. Note: Repeal affects Article 11.2, commencing with Section 25230.)
  29. 25230.2.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    This section limits the article’s alternative management standards to certain treated wood waste and excludes other wood waste categories.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.2. (a) The alternative management standards of this article apply only to wood waste that is all of the following: (1) A hazardous waste solely due to the presence of a preservative in or on the wood that is registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) for use as a wood preservative. (2) Not subject to regulation as a hazardous waste under the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6926). (3) Section 25143.1.5 does not apply to the wood waste. (b) The alternative management standards of this article do not apply to wood waste exempted from hazardous waste management standards pursuant to Section 25143.1.5. (c) The following wood wastes are not eligible for the alternative managements standards of this article: (1) Wood waste that is hazardous due to the presence of coatings, paint, or other treatments that are not registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) for use as a wood preservative. (2) Wood waste when designated to be burned. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  30. 25230.3.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    Treated wood waste is exempt from hazardous-waste management requirements when handled under this article, but a person managing it must follow either these alternative standards or the hazardous-waste requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.3. (a) Treated wood waste, as described in Section 25230.2, when managed as specified in this article, is exempt from the management requirements for hazardous waste pursuant to this chapter and the management standards in Chapter 12 (commencing with Section 66262.10) to Chapter 20 (commencing with Section 66270.1), inclusive, of Division 4.5 of Title 22 of the California Code of Regulations. (b) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative management standards specified in this article or with the requirements for the management of hazardous waste pursuant to this chapter. (c) A person who is in compliance with the standards specified in this article is deemed to be in compliance with the requirements of this chapter for which the standard is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter. (d) All variances granted by the department before enactment of the bill adding this article governing the management of treated wood waste are inoperative and have no further effect. (e) Nothing in this article exempts treated wood waste from any other applicable requirements of state or federal law or regulation, or limits the authority of governmental agencies to adopt or enforce additional requirements related to the management of treated wood waste. (f) This article does not limit the authority or responsibility of the department to adopt regulations under any other law. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  31. 25230.4.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    Treated wood waste is generally prohibited from burning, scavenging, commingling, ground storage, recycling (except limited reuse), treatment outside Section 25230.10, disposal to land outside Section 25230.11, and chipping for mulch.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.4. (a) Except as authorized by this article, treated wood waste managed in accordance with the alternative management standards of this article, shall not be any of the following: (1) Burned. (2) Scavenged. (3) Commingled with other waste prior to disposal, if previously segregated. (4) Stored in contact with the ground. (5) Recycled, with or without treatment, except as provided for in subdivision (c). (6) Treated except in compliance with Section 25230.10. (7) Disposed to land except in compliance with Section 25230.11. (8) Chipped for mulch. (b) Any label or mark that identifies the wood waste as treated wood waste shall not be intentionally removed, obliterated, defaced, or destroyed prior to disposal in a landfill. (c) Treated wood waste may be recycled only by reuse if all of the following conditions apply: (1) Reuse is onsite at the facility at which the treated wood waste was generated. (2) At the time of reuse, reuse is consistent with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) approved use of the preservative with which the treated wood waste has been treated. (3) Prior to reuse, the treated wood waste is handled in compliance with all applicable management standards of this article. (d) Subject to subdivision (c), during reuse, the treated wood waste is not subject to the management standards in Sections 25230.5 through 25230.11. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  32. 25230.5.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    Treated wood waste must be clearly labeled and kept visible for inspection, and the person managing it must label each accumulation area.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.5. (a) Treated wood waste generated, accumulated, stored, or transported within California shall be clearly marked and visible for inspection. The person managing the treated wood waste shall ensure that each unit or area designated for accumulation of treated wood waste is labeled. The area designated for accumulation of treated wood waste shall be clearly identified and used solely for the accumulation of treated wood waste. (b) In order to clearly identify the nature of the waste to the receiving party or any observer, the treated wood waste shall be labeled or marked as follows: “TREATED WOOD WASTE - Do not burn or scavenge. Treated Wood Waste Handler Name and Address: ________________________________________________ ________________________________________________ Accumulation Date: _________________________”. (c) The treated wood waste handler shall ensure that labels are maintained in compliance with the requirements of subdivisions (a) and (b) during transport. (d) Treated wood waste is exempt from the labeling requirements of this section under either of the following conditions: (1) It is accumulated for a period not to exceed 30 days by a household at the site of generation in compliance with the requirements of Section 25230.6. (2) It is generated by a household, while being self-transported to an approved treated wood waste facility if the treated wood waste is identified to the treated wood waste facility as treated wood waste. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  33. 25230.6.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    Treated wood waste must be stored to prevent unauthorized access, run-on/runoff, and environmental release, and it may only be accumulated for limited periods under specified storage 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.6. (a) (1) Treated wood waste shall be maintained in a manner that prevents unauthorized access and minimizes release to the environment. (2) Unauthorized access shall be prevented by means of visual control or a physical barrier when not under the direct control of the person responsible for the treated wood waste. (b) The treated wood waste shall be accumulated in a manner that is protected from run-on and runoff, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water, which may be accomplished by any one of the following: (1) The treated wood waste may be accumulated when all the following requirements are met: (A) The treated wood waste is elevated to prevent contact with the soil and to protect from reasonably foreseeable run-on. (B) The treated wood waste is covered to protect from precipitation. (C) The treated wood waste is accumulated no longer than 90 days from the date the treated wood waste is generated or received from another handler. (2) The treated wood waste may be accumulated in containers no longer than one year from the date the treated wood waste is generated or received from another handler if the containers are all of the following: (A) Designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incidental to handling, there will be no identifiable release of treated wood waste materials or its constituents to the environment. (B) Water-resistant if exposed to precipitation, run-on, or runoff under reasonably foreseeable conditions. (C) Transported to a treated wood waste facility within 90 days of being filled to capacity. (3) The treated wood waste shall be accumulated no longer than one year from the date the treated wood waste is generated or received from another handler in a structurally sound building with a water-resistant floor designed to prevent the movement of water into or out of the building. (4) The treated wood waste may be accumulated no longer than 180 days from the date the treated wood waste is generated or received from another handler on a containment surface and all the following requirements are met: (A) The treated wood waste does not contact soil. (B) The treated wood waste is protected from reasonably foreseeable run-on. (C) (i) Except as provided in clause (ii), the treated wood waste is covered to protect from precipitation. (ii) The treated wood waste managed in accordance with this paragraph may be accumulated uncovered if the containment surface is designed and operated to contain all precipitation and the resulting water is managed in accordance with all applicable laws and regulations. (5) The treated wood waste may be accumulated no longer than 90 days from the date the treated wood waste is generated or received from another handler in any other manner in which the treated wood waste handler can clearly demonstrate that the treated wood waste is protected from run-on and runoff, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water. (c) Except as provided in subdivision (d), treated wood waste shall not be accumulated for more than one year from the date of generation or the date received from another handler. (d) A handler may accumulate treated wood waste for longer than one year from the date the treated wood waste is generated or received from another handler, if the accumulation is solely for the purpose of accumulation of quantities of treated wood waste necessary to facilitate disposal pursuant to Section 25230.11. However, the handler bears the burden of proving that the accumulation was solely for the purpose of accumulation of quantities of treated wood waste necessary to facilitate proper disposal. (e) A person who accumulates treated wood waste shall be able to demonstrate the length of time the treated wood waste has been accumulated from the date it becomes a waste or is received. (f) Treated wood waste generated incidental to the maintenance of a household and accumulated by the resident of the household at the site of generation is exempt from the accumulation requirements of this section if both of the following requirements are met: (1) Treated wood waste is not physically altered except as provided in subdivisions (c) and (d) of Section 25230.10. (2) Treated wood waste is accumulated no longer than 30 days. (g) Treated wood waste generated incidental to the operation of a business accumulated at the site of generation for a period not to exceed 30 days is exempt from the accumulation requirements of this section if both of the following conditions are met: (1) The treated wood waste is not physically altered except as provided in subdivisions (c) and (d) of Section 25230.10. (2) The business accumulates no more than 1,000 pounds of treated wood waste. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  34. 25230.7.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    A treated wood waste handler generally may not send or take treated wood waste anywhere except a treated wood waste facility or approved landfill, unless subdivision (c) 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.7. (a) Except as provided in subdivision (c), a treated wood waste handler is prohibited from sending or taking treated wood waste to a place other than a treated wood waste facility, or a treated wood waste approved landfill. (b) Prior to sending a shipment of treated wood waste to another treated wood waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment. (c) A treated wood waste handler who initially collects treated wood waste at a remote site may transport that treated wood waste to a consolidation site operated by the generator if all the following conditions are met: (1) The treated wood waste is transported by the generator, employees of the generator, or by the generator’s agent. For purposes of this paragraph, “agent” means a person hired by a generator for the removal, collection, or transportation of treated wood waste. (2) A shipping document containing all of the following information accompanies the treated wood waste while in transport: (A) The quantity, by weight or volume, of treated wood waste being transported. (B) The location of the remote site where the treated wood waste was initially collected. (C) The date that the generator first began to accumulate the treated wood waste at the remote site, the date that the shipment leaves the remote site, and the date that the shipment arrives at the consolidation site. (D) The name, address, and telephone number of the generator, and, if different, the address and telephone number of the consolidation site to which the treated wood waste is being transported. (E) The name of the individual or individuals who transport the treated wood waste from the remote site to the consolidation site. (3) The treated wood waste handler shall retain the shipping document described in paragraph (2) of subdivision (c) for at least three years from the date the treated wood waste leaves the treated wood waste consolidation site. (d) The treated wood waste shall be shipped or transported in a manner that prevents unauthorized access, protects the treated wood waste from precipitation, and prevents loss, dispersion, and leaching of treated wood waste constituents. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  35. 25230.8.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    Treated wood waste handlers must keep shipment records, facilities and approved landfills must file semiannual reports, and records must be kept 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.8. (a) A treated wood waste handler shall keep a record of each shipment of treated wood waste sent from the handler to treated wood waste facilities. The record may take the form of a log, invoice, manifest, bill of lading, shipping document, or receipt from a treated wood waste facility. The record for each shipment of treated wood waste shall include all of the following information: (1) The name and address of the treated wood waste facility to which the treated wood waste was sent. (2) The weight of treated wood waste, the estimated weight of treated wood waste, or the weight of the treated wood waste as measured by the receiving treated wood waste facility. An estimated weight may be used when a scale is unavailable or weighing is impractical. Assumptions required for weight estimates shall be recorded in the shipment records. (3) The date the shipment of treated wood waste left the handler. (b) A treated wood waste handler shall keep a record of each shipment of treated wood waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of treated wood waste received shall include all of the following information: (1) The originating treated wood waste generator’s full business name, identification number, if they have one, along with project name and number, if applicable, and address. (2) The weight of treated wood waste or the estimated weight of treated wood waste. An estimated weight may be used when a scale is unavailable or weighing is impractical. Assumptions required for weight estimates shall be recorded in the shipment records. (3) The date of receipt of the shipment of treated wood waste. (c) A treated wood waste facility or a treated wood waste approved landfill that receives treated wood waste shall submit to the department semiannual reports for the periods ending June 30 and December 31 of each year. Reports shall be required beginning December 31, 2021, and shall be submitted in an electronic format provided by the department within 30 days of the end of each reporting period. Each semiannual report shall include the following information: (1) Reporting facility information that includes the facility name, location address, and contact. (2) For all treated wood waste shipments received, other than those reported under paragraphs (3) to (5), inclusive, the treated wood waste facility shall report the following information: (A) The generator’s identification number, or, if the generator does not have an identification number, the name, address, contact person’s name, mailing address, and telephone number of the generator. (B) The dates of shipments. (C) The weight of treated wood waste per shipment. (3) The weight summary of all treated wood waste quantities received that were generated by households. (4) The weight summary of all treated wood waste quantities discovered and separated from solid waste as part of an onsite load checking program. (5) For shipments received from another treated wood waste facility, the following information shall be reported by the receiving treated wood waste facility: (A) The treated wood waste facility’s identification number or the name, address, contact person’s name, mailing address, and telephone number of the treated wood waste facility. (B) The dates of shipments. (C) The weight of treated wood waste per shipment. (d) The department shall make all of the information in the semiannual reports submitted pursuant to this section available to the public, through its usual means of disclosure, except the department shall not disclose the association between any specific treated wood waste handlers and specific facilities. The list of treated wood waste handlers served by a facility shall be deemed to be a trade secret and confidential business information for purposes of Section 25173 and Section 66260.2 of Title 22 of the California Code of Regulations. (e) (1) A treated wood waste handler shall retain the records described in subdivision (a) for at least three years from the date the shipment left the handler. (2) A treated wood waste facility shall retain the records described in subdivision (b) for at least three years from the date of receipt of a shipment. (f) Households are exempt from the recordkeeping requirements of this section when the treated wood waste is generated incidental to that household. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  36. 25230.9.

    ## 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. )

    Verify source ↗

    A treated wood waste handler that generates more than 10,000 pounds in a calendar year must get or keep an identification number and notify the department in writing 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 11.2. Management of Treated Wood Waste [25230 - 25230.18] ( Article 11.2 added by Stats. 2021, Ch. 147, Sec. 2. ) ## 25230.9. (a) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall obtain or maintain an identification number within 30 days of exceeding the weight threshold. (b) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall send written notification to the department within 30 days of exceeding the 10,000-pound limit. The notification shall include all of the following: (1) The handler’s name and mailing address. (2) The generator’s identification number. (3) The name and business telephone number of the person at the handler’s site who should be contacted regarding treated wood waste management activities. (4) The address or physical location of the treated wood waste management activities. (5) The date the handler exceeded the 10,000-pound limit. (6) A statement indicating that the handler is generating more than 10,000 pounds of treated wood waste per calendar year. (Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
  37. 25242.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. )

    Verify source ↗

    If a city, county, or state agency learns or has probable cause to believe hazardous waste was unlawfully disposed on land it owns or leases, it must notify the department. The department must then investigate and, if unauthorized disposal is confirmed, direct testing, planning, notice, hearings, and other follow-up 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 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. ) ## 25242. (a) Any city, county, or state agency which, as owner, lessor, or lessee, knows or has probable cause to believe that a disposal of hazardous waste which is not authorized pursuant to this chapter has occurred on, under, or into the land which the city, county, or state agency owns or leases shall notify the department. Upon receiving that notice, the department shall determine if there has been a disposal of hazardous waste which is not authorized pursuant to this chapter. (b) If the department determines that there has been a disposal of hazardous waste which is not authorized pursuant to this chapter, the department shall do all of the following: (1) Conduct, or arrange for the conducting of, tests to determine the general chemical and mineral composition of the hazardous waste. (2) Require the city, county, or state agency which submitted the notice pursuant to subdivision (a) to prepare a hazardous waste management plan specifying those removal or remedial actions, as defined in Sections 78125 and 78135, which are needed to be taken concerning the hazardous waste. The hazardous waste management plan shall provide for the protection of human health and the environment and minimize or eliminate the escape of hazardous waste constituents, leachate, contaminated rainfall, and waste decomposition products into ground and surface waters and into the atmosphere. (3) Send notice of the department’s findings made pursuant to paragraph (1) to the county in which the land is located, the city, if any, in which the land is located, the owner of the property, and residents living within 2,000 feet of the property line of the land on which the hazardous wastes were disposed. The department shall also post signs in the vicinity of the land which contain this information and are visible to the public. The department may also provide this notice to other persons, or post these signs in any other area, to protect the public health and safety or to provide the maximum opportunity for comment from the potentially affected public. (4) Conduct public hearings on the proposed hazardous waste management plan during those times and at those places which are convenient to the affected public. These hearings shall be conducted even if the hazardous waste management plan provides that no removal or remedial actions will be taken. The department shall publish notice of these hearings in newspapers of general circulation, as defined in Section 6000 of the Government Code, and shall use all other reasonable means to publicize these hearings. (5) Take all actions required by Section 78930 concerning any proposed removal or remedial actions. (6) Take any other actions authorized by this chapter or Part 2 (commencing with Section 78000) of Division 45 to carry out the legislative intent specified in Section 25242.1. (c) The city, county, or state agency which is required to prepare a hazardous waste management plan pursuant to paragraph (2) of subdivision (b) shall submit the proposed hazardous waste management plan for approval to the department or a California Regional Water Quality Control Board, whichever the department determines is appropriate. A city or state agency shall submit the plan to the county in which the land is located, and a county or state agency shall submit the plan to the city, if any, in which the land is located, for comments and recommendations. The city, county, or state agency shall also consider whether to incorporate any changes in the plan which are recommended by the county, city, and the public. (Amended by Stats. 2022, Ch. 258, Sec. 65. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  38. 25242.1.

    ## 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 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. )

    Verify source ↗

    The Legislature states that this article is meant to protect public health, safety, and the environment by promoting prompt cleanup, public notice, and public input after unauthorized hazardous waste disposal on public land.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. ) ## 25242.1. It is the intention of the Legislature, in enacting this article, to protect the public health and safety and the environment by requiring all of the following: (a) Prompt steps to remedy the unauthorized disposal of hazardous waste on public land be taken as soon as possible. (b) Prompt notice be given to the affected public of such an unauthorized disposal of hazardous waste. (c) Affording the public an opportunity for input into the manner in which the hazardous waste will be cleaned up or rendered safe. (Added by renumbering Section 25342.1 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 7. Effective May 20, 1985.)
  39. 25242.2.

    ## 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 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. )

    Verify source ↗

    The department must pursue feasible civil and criminal actions against responsible parties before or while using this article. Certain landowners and tenants may recover compliance costs through civil action.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. ) ## 25242.2. Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue all feasible civil and criminal actions against the owner of the land or other party responsible for the disposal of the hazardous waste, who violates this chapter or the regulations adopted pursuant to this chapter. The owner, lessee, or lessor of any land which is affected by hazardous waste which was disposed on, under, or into the land may recover the costs incurred in complying with this article, in a civil action, from any person who produced the waste or from any other person who was responsible for the disposal of the hazardous waste. The lessee of any land, who was not responsible for the unauthorized disposal of the hazardous waste upon that land, may also recover the costs incurred in complying with this article from the owner of the land if the person who produced the waste or who was responsible for the disposal of hazardous waste cannot be located or cannot compensate the lessee for these costs. (Added by renumbering Section 25342.2 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 8. Effective May 20, 1985.)
  40. 25242.3.

    ## 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 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.5. Hazardous Waste Disposal on Public Land [25242 - 25242.3] ( Article 11.5 added by Stats. 1984, Ch. 1546, Sec. 1. ) ## 25242.3. If any provision of this article or the application thereof to any person or circumstance is held invalid, this holding shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of the article are severable. (Added by renumbering Section 24342.3 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 1. Effective May 20, 1985.)
  41. 25244.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    This section names the article and says it may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244. This article shall be known and may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  42. 25244.01.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    The department must implement this article only if funding is available, except that this limit does not apply to Section 25244.4.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.01. (a) Except as provided in subdivision (b), the department’s duty to implement this article is contingent upon, and limited to, the availability of funding. (b) Subdivision (a) does not apply to Section 25244.4. (Added by Stats. 2012, Ch. 39, Sec. 40. (SB 1018) Effective June 27, 2012.)
  43. 25244.1.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    The Legislature states that hazardous waste should be reduced or eliminated quickly, and any waste generated should be recycled, treated, or disposed of to minimize threats to human health 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.1. (a) The Legislature hereby finds and declares that, whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recycled, treated, or disposed of in a manner that minimizes any present or future threats to human health or the environment. (b) The Legislature further finds that there exists many promising, but as yet unproven, technologies for the reduced generation of hazardous waste and for recycling and treating hazardous waste. (c) The Legislature further finds that financial commitment by public agencies and private industry for the expeditious development and dispersion of hazardous waste reduction, recycling, and treatment technologies depends upon further research as well as credible and timely demonstrations of the feasibility, environmental acceptability, and reliability of this technology. (d) It is the intent of the Legislature, in enacting this article, to promote the research, development, and expeditious demonstration of technologies which have the potential to reduce, recycle, and treat hazardous waste. It is further the intent of the Legislature to encourage private sector participation in this program to the greatest extent possible. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  44. 25244.10.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    The department may give grants or make contracts with universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling, or treatment technology.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.10. The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling, or treatment technology. These grants may be applied to personnel, equipment, and administrative costs and shall, to the extent possible, be used to augment other sources of research and development funding, including federal and private funds. Any grant issued by the department pursuant to this section is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code, but a contract entered into pursuant to this section is subject to all applicable state laws governing contracts. (Amended by Stats. 1987, Ch. 914, Sec. 4.)
  45. 25244.12.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    This article is named the Pollution Prevention and Hazardous Waste Source Reduction and Management Review 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.12. This article shall be known and may be cited as the Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act. (Amended by Stats. 2012, Ch. 39, Sec. 42. (SB 1018) Effective June 27, 2012.)
  46. 25244.13.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    This section states the Legislature’s findings and intent about reducing hazardous waste and expanding pollution prevention programs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.13. The Legislature finds and declares as follows: (a) Existing law requires the department and the State Water Resources Control Board to promote the reduction of generated hazardous waste. This policy, in combination with hazardous waste land disposal bans, requires the rapid development of new programs and incentives for achieving the goal of optimal minimization of the generation of hazardous wastes. Substantial improvements and additions to the state’s hazardous waste reduction program are required to be made if these goals are to be achieved. (b) Hazardous waste source reduction provides substantial benefits to the state’s economy by maximizing use of materials, avoiding generation of waste materials, improving business efficiency, enhancing revenues of companies that provide products and services in the state, increasing the economic competitiveness of businesses located in the state, and protecting the state’s precious and valuable natural resources. (c) It is the intent of the Legislature to expand the state’s pollution prevention activities beyond those directly associated with source reduction evaluation reviews and plans. The expanded program, which is intended to accelerate pollution prevention, shall include programs to promote implementation of pollution prevention measures using education, outreach, and other effective voluntary techniques demonstrated in California or other states. (d) It is the intent of the Legislature for the department to maximize the use of its available resources in implementing the pollution prevention program through cooperation with other entities, including, but not limited to, CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs. To the extent feasible, the department shall utilize cooperative programs with entities that routinely contact small business to expand its support of small business pollution prevention activities. (e) It is the goal of this article to do all of the following: (1) Reduce the generation of hazardous waste. (2) Reduce the release into the environment of chemical contaminants that have adverse and serious health or environmental effects. (3) Document hazardous waste management information and make that information available to state and local government. (f) It is the intent of this article to promote the reduction of hazardous waste at its source, and wherever source reduction is not feasible or practicable, to encourage recycling. Where it is not feasible to reduce or recycle hazardous waste, the waste should be treated in an environmentally safe manner to minimize the present and future threat to health and the environment. (g) It is the intent of the Legislature not to preclude the regulation of environmentally harmful releases to all media, including air, land, surface water, and groundwater, and to encourage and promote the reduction of these releases to air, land, surface water, and groundwater. (h) It is the intent of the Legislature to encourage all state departments and agencies, especially the State Water Resources Control Board, the California regional water quality control boards, the State Air Resources Board, the air pollution control districts, and the air quality management districts, to promote the reduction of environmentally harmful releases to all media. (Amended by Stats. 2012, Ch. 39, Sec. 43. (SB 1018) Effective June 27, 2012.)
  47. 25244.13.1.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    The department’s duty to implement this article applies only if funding is available, and that funding limit does not remove requirements imposed on generators.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.13.1. (a) The department’s duties to implement this article are contingent upon, and limited to, the availability of funding. (b) Subdivision (a) does not eliminate a requirement of this article that is imposed upon a generator. (Added by Stats. 2012, Ch. 39, Sec. 44. (SB 1018) Effective June 27, 2012.)
  48. 25244.14.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    This section defines key terms used in the hazardous waste source reduction and management review 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.14. For purposes of this article, the following definitions apply: (a) “Advisory committee” means the California Pollution Prevention Advisory Committee established pursuant to Section 25244.15.1. (b) “Appropriate local agency” means a county, city, or regional association that has adopted a hazardous waste management plan pursuant to Article 3.5 (commencing with Section 25135). (c) “Business” has the same meaning as defined in Section 25501. (d) “Hazardous waste management approaches” means approaches, methods, and techniques of managing the generation and handling of hazardous waste, including source reduction, recycling, and the treatment of hazardous waste. (e) “Hazardous waste management performance report” or “report” means the report required by subdivision (b) of Section 25244.20 to document and evaluate the results of hazardous waste management practices. (f) “NAICS Code” means the identification number assigned to specific types of businesses by the North American Industry Classification System (NAICS) adopted by the United States Census Bureau. (g) “Pollution prevention” means the reduction of chemical sources that have adverse impacts on public health and the environment, including, but not limited to, source reduction. (h) “SIC Code” means the identification number assigned to specific types of businesses by the Standard Industrial Classification (SIC) system established by the United States Department of Commerce. (i) (1) “Source reduction” means one of the following: (A) An action that causes a net reduction in the generation of hazardous waste. (B) An action taken before the hazardous waste is generated that results in a lessening of the properties that cause it to be classified as a hazardous waste. (2) “Source reduction” includes, but is not limited to, all of the following: (A) “Input change,” which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of hazardous waste. (B) “Operational improvement,” which means improved site management so as to reduce, avoid, or eliminate the generation of hazardous waste. (C) “Production process change,” which means a change in a process, method, or technique that is used to produce a product or a desired result, including the return of materials or their components, for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of hazardous waste. (D) “Product reformulation,” which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of hazardous waste. (3) “Source reduction” does not include any of the following: (A) Actions taken after a hazardous waste is generated. (B) Actions that merely concentrate the constituents of a hazardous waste to reduce its volume or that dilute the hazardous waste to reduce its hazardous characteristics. (C) Actions that merely shift hazardous wastes from one environmental medium to another environmental medium. (D) Treatment. (j) “Source reduction evaluation review and plan” or “review and plan” means a review conducted by the generator of the processes, operations, and procedures in use at a generator’s site, in accordance with the format established by the department pursuant to subdivision (a) of Section 25244.16, and that does both of the following: (1) Determines any alternatives to, or modifications of, the generator’s processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated. (2) Includes a plan to document and implement source reduction measures for the hazardous wastes specified in paragraph (1) that are technically feasible and economically practicable for the generator, including a reasonable implementation schedule. (k) “Hazardous waste,” “person,” “recycle,” and “treatment” have the same meanings as defined in Article 2 (commencing with Section 25110). (Amended by Stats. 2012, Ch. 39, Sec. 45. (SB 1018) Effective June 27, 2012.)
  49. 25244.15.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    This section creates a pollution prevention program and requires the department to coordinate state agency efforts and adopt regulations for generators.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.15. (a) This article establishes a program for pollution prevention, including, but not limited to, hazardous waste source reduction. (b) The department shall coordinate the activities of all state agencies with responsibilities and duties relating to hazardous waste and shall promote coordinated efforts to encourage the reduction of hazardous waste. Coordination between the program and other relevant state agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies. (c) The department shall adopt regulations to carry out the requirements imposed upon generators pursuant to this article. (d) (1) Except as provided in paragraph (3), Sections 25244.19, 25244.20, and 25244.21 apply only to generators who, by site, routinely generate, through ongoing processes and operations, more than 12,000 kilograms of hazardous waste in a calendar year, or more than 12 kilograms of extremely hazardous waste in a calendar year. (2) The department shall adopt regulations to establish procedures for exempting generators from the requirements of this article where the department determines that no source reduction opportunities exist for the generator. (3) Notwithstanding paragraph (1), Sections 25244.19, 25244.20, and 25244.21 do not apply to any generator whose hazardous waste generating activity consists solely of receiving offsite hazardous wastes and generating residuals from the processing of those hazardous wastes. (Amended by Stats. 2012, Ch. 39, Sec. 46. (SB 1018) Effective June 27, 2012.)
  50. 25244.15.1.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    This section creates the California Pollution Prevention Advisory Committee and sets out who serves on it, how it chooses a chairperson, and that members generally serve without pay.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.15.1. (a) The California Pollution Prevention Advisory Committee is hereby created and consists of the following members: (1) The Executive Director of the State Air Resources Board, as an ex officio member. (2) The Executive Director of the State Water Resources Control Board, as an ex officio member. (3) The Director of Toxic Substances Control, as an ex officio member. (4) The Director of Resources Recycling and Recovery, as an ex officio member. (5) The Chairperson of the California Environmental Policy Council established pursuant to Section 71017 of the Public Resources Code, as an ex officio member. (6) The Director of Pesticide Regulation, as an ex officio member. (7) Ten public members with experience in pollution prevention as appointed by the department. These public members shall include all of the following: (A) Two representatives of local governments from different regions of the state. (B) One representative of a publicly owned treatment works. (C) Two representatives of industry. (D) One representative of small business. (E) One representative of organized labor. (F) Two representatives of statewide environmental advocacy organizations. (G) One representative of a statewide public health advocacy organization. (8) The department may appoint up to two additional public members with experience in pollution prevention and detailed knowledge of one of the priority categories of businesses selected in accordance with Section 25244.17.1. (b) The advisory committee shall select one member to serve as chairperson. (c) The members of the advisory committee shall serve without compensation, but each member, other than officials of the state, upon request, shall be reimbursed for all reasonable expenses incurred in the performance of his or her duties, as authorized by the department. (d) When convened by the department, the advisory committee shall provide a public forum for discussion and deliberation on matters pertaining to the implementation of this chapter. (e) The advisory committee’s responsibilities shall include, but not be limited to, the following: (1) Reviewing and providing consultation and guidance in the preparation of the work plan authorized by Section 25244.22. (2) Evaluating the performance and progress of the department’s pollution prevention program. (3) Making recommendations to the department concerning program activities and funding priorities, and legislative changes, if needed. (4) Making recommendations to the department concerning strategies to more effectively align its pollution prevention program with the goals of the department’s green chemistry program, including the implementation of Article 14 (commencing with Section 25251). (Amended by Stats. 2012, Ch. 39, Sec. 47. (SB 1018) Effective June 27, 2012.)
  51. 25244.16.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    The department must adopt a review-and-report format and build a data system for hazardous waste source reduction and management 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.16. The department shall do both of the following: (a) Adopt a format to be used by generators for completing the review and plan required by Section 25244.19, and the report required by Section 25244.20. The format shall include at least all of the factors the generator is required to include in the review and plan and the report. The department may include any other factor determined by the department to be necessary to carry out this article. The adoption of a format pursuant to this subdivision is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Establish a data and information system to be used by the department for processing and evaluating the source reduction and other hazardous waste management information submitted by generators pursuant to Section 25244.18. In establishing the data and information system, the department shall do all of the following: (1) Establish methods and procedures for appropriately processing or managing hazardous waste source reduction and management information. (2) Use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable. (3) Establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to Section 25244.23. (4) Identify additional data and information needs of the program. (Amended by Stats. 2012, Ch. 39, Sec. 48. (SB 1018) Effective June 27, 2012.)
  52. 25244.17.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    The department may create a technical and research assistance program for businesses to help them identify and apply pollution prevention methods.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.17. The department may establish a technical and research assistance program to assist businesses in identifying and applying methods of pollution prevention. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources for obtaining information, assessing pollution prevention methods, and developing and applying pollution prevention techniques. The program be carried out by the department pursuant to this section may include, but is not limited to, each of the following: (a) Programs by private or public consultants, including onsite consultation at sites or locations where hazardous waste is generated, to aid those generators requiring assistance in developing and implementing the review and plan, the plan summary, the report, and the report summary required by this article. (b) Seminars, workshops, training programs, and other similar activities to assist businesses to evaluate pollution prevention alternatives and to identify opportunities for pollution prevention. (c) Assembling, cataloging, and disseminating information about pollution prevention methods, available consultant services, and regulatory requirements. (d) The identification of a range of generic and specified technical pollution prevention solutions that can be applied by particular types of businesses. (Amended by Stats. 2012, Ch. 39, Sec. 49. (SB 1018) Effective June 27, 2012.)
  53. 25244.17.1.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    The department may create and run a technical assistance and outreach program for priority business categories to support pollution prevention measures.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.17.1. The department may establish a technical assistance and outreach program to promote implementation of model pollution prevention measures in priority business categories. (a) In the work plan described in Section 25244.22, the department may, in consultation with the advisory committee, identify priority categories of businesses by SIC or NAICS Code. At least one selected category of businesses shall be a category that consists primarily of small businesses. At least one selected category of businesses shall be a category that consists primarily of businesses affected by an action taken by the department pursuant to Article 14 (commencing with Section 25251). (b) For each selected priority business category, the department may implement a cooperative pollution prevention technical assistance and outreach program that includes the following elements: (1) Effective pollution prevention measures for each business category. (2) The most effective technical assistance and outreach methods to promote implementation of the pollution prevention measures identified in paragraph (1). (3) Appropriate measures for evaluating the effectiveness of the technical assistance and outreach measures, including quantitative measures when feasible. (Amended by Stats. 2012, Ch. 39, Sec. 50. (SB 1018) Effective June 27, 2012.)
  54. 25244.17.2.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

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    The department may provide pollution-prevention training and resources, and may develop a California Green Business Program to support local programs and voluntary small-business 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.17.2. (a) (1) The department may provide pollution prevention training and resources to CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs so that they can provide technical assistance to businesses in identifying and applying methods of pollution prevention. (2) The activities conducted pursuant to paragraph (1) shall emphasize activities necessary to implement Sections 25244.17 and 25244.17.1. (b) As part of implementing the program authorized by this section, the department may develop a California Green Business Program that provides support and assistance to programs operated by local governments to meet the requirement of subdivision (c) and that would voluntarily certify small businesses that adopt environmentally preferable business practices, including, but not limited to, increased energy efficiency, reduced greenhouse gas emissions, promotion of water conservation, and reduced waste generation. The department’s California Green Business Program may do any or all of the following: (1) Assist the network of statewide local government programs in implementing guidelines and structures that establish and promote a level of consistency among green business programs across the state. (2) Support, through staffing and contracts, the development and maintenance of a statewide database to register small businesses granted green business certification, or its equivalent, pursuant to a local government program, and track measurable pollution reductions and cost savings. (3) Solicit participation of additional local programs and facilitate the startup of new local programs. (4) Develop technical guidance on pollution prevention measures, conduct industry studies and pilot projects, and provide policy coordination for the participating local programs. (5) Collaborate with relevant state agencies that operate small business efficiency and economic development programs, including, but not limited to, the Department of Resources Recycling and Recovery, the Public Utilities Commission, the State Energy Resources Conservation and Development Commission, the State Air Resources Board, and the Department of Water Resources. (c) The department may provide support and assistance to a local government program to enable the program to meet all of the following requirements: (1) The program will be operated by a local government or its designee. (2) The program will adopt industry-specific standards for green business certification, or its equivalent, in consultation with the other participants in the California Green Business Program. (3) The program will grant a small business that voluntarily applies to the program a green business certification or its equivalent, only upon a determination by the program operator or designee that the business is a small business, as determined by the program, and complies with the industry-specific standards for green business certification adopted pursuant to paragraph (2). (4) The program will grant a green business certification, or its equivalent, to small businesses, as determined by the program, in accordance with all of the following requirements: (A) Before the program grants green business certification or its equivalent, the program conducts an evaluation to verify compliance with the appropriate green business certification standards adopted pursuant to paragraph (2). (B) A green business certification or its equivalent is granted only to an individual location of a small business. (C) A green business certification or its equivalent is granted to an individual small business only for a limited time period, and, after the elapse of that time period, the small business is required to reapply for that certification. (D) Compliance with applicable federal, state, and local environmental laws and regulations is required as a condition of receiving a green business certification or its equivalent. (d) The department may determine, in consultation with the advisory committee, the most effective methods to promote implementation of pollution prevention education programs by CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs. Program elements may include, but are not limited to, all of the following: (1) Sponsoring workshops, conferences, technology fairs, and other training events. (2) Sponsoring regional training groups, such as the regional hazardous waste reduction committees. (3) Developing and distributing educational materials, such as short descriptions of successful pollution prevention projects and materials explaining how pollution prevention has been used by businesses to achieve compliance with environmental laws enforced by local governments. (4) Developing site review checklists, training manuals, and technical resource manuals and using those resources to train CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs. (5) Preparing and distributing resource lists such as lists of vendors, consultants, or providers of financial assistance for pollution prevention projects. (6) Serving as an information clearinghouse to support telephone and onsite consultants with local governments. (Amended by Stats. 2012, Ch. 39, Sec. 51. (SB 1018) Effective June 27, 2012.)
  55. 25244.18.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    On request, a generator must provide its review and plan or report within 30 days. The agency must issue noncompliance notice if needed, and the generator must file a revised version within 60 days, subject to a possible extension. The department may not disclose trade secret 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.18. (a) The department or the unified program agency may request from any generator, and the generator shall provide within 30 days from the date of the request, a copy of the generator’s review and plan or report conducted and completed pursuant to Section 25244.19 or 25244.20. The department or the unified program agency may evaluate any of those documents submitted to the department or the unified program agency to determine whether it satisfies the requirements of this article. (b) (1) If the department or the unified program agency determines that a generator has not completed the review and plan in the manner required by Section 25244.19, or the report in the manner required by Section 25244.20, the department or the unified program agency shall provide the generator with a notice of noncompliance, specifying the deficiencies in the review and plan or report identified by the department. If the department or the unified program agency finds that the review and plan does not comply with Section 25244.19, the department or the unified program agency shall consider the review and plan to be incomplete. A generator shall file a revised review and plan or report correcting the deficiencies identified by the department or the unified program agency within 60 days from the date of the receipt of the notice. The department or the unified program agency may grant, in response to a written request from the generator, an extension of the 60-day deadline, for cause, except that the department or the unified program agency shall not grant that extension for more than an additional 60 days. (2) If a generator fails to submit a revised review and plan or report complying with the requirements of this article within the required period, or if the department or unified program agency determines that a generator has failed to implement the measures included in the generator’s review and plan for reducing the generator’s hazardous waste, in accordance with Section 25244.19, the department or the unified program agency may impose civil penalties pursuant to Section 25187, in an amount not to exceed one thousand dollars ($1,000) for each day the violation of this article continues, notwithstanding Section 25189.2, seek an order directing compliance pursuant to Section 25181, or enter into a consent agreement or a compliance schedule with the generator. (c) If a generator fails to implement a measure specified in the review and plan pursuant to paragraph (5) of subdivision (b) of Section 25244.19, the generator shall not be deemed to be in violation of Section 25244.19 for not implementing the selected measure if the generator does both of the following: (1) The generator finds that, upon further analysis or as a result of unexpected consequences, the selected measure is not technically feasible or economically practicable, or if the selected approach has resulted in any of the following: (A) An increase in the generation of hazardous waste. (B) An increase in the release of hazardous chemical contaminants to other media. (C) Adverse impacts on product quality. (D) A significant increase in the risk of an adverse impact to human health or the environment. (2) The generator revises the review and plan to comply with the requirements of Section 25244.19. (d) When taking enforcement action pursuant to this article, the department or the unified program agency shall not judge the appropriateness of any decisions or proposed measures contained in a review and plan or report, but shall only determine whether the review and plan or report is complete, prepared, and implemented in accordance with this article. (e) In addition to the unified program agency, an appropriate local agency that has jurisdiction over a generator’s site may request from the generator, and the generator shall provide within 30 days from the date of that request, a copy of the generator’s current review and plan and report. (f) In carrying out this article, the department shall not disseminate information determined to be a trade secret pursuant to Section 25244.23. (Amended by Stats. 2012, Ch. 39, Sec. 52. (SB 1018) Effective June 27, 2012.)
  56. 25244.19.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    Generators must complete a source reduction evaluation review and plan on the schedule set out here, include specific required content, and certify implementation or explain any decision not to implement selected measures.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.19. (a) On or before September 1, 1991, and every four years thereafter, each generator shall conduct a source reduction evaluation review and plan pursuant to subdivision (b). (b) Except as provided in subdivision (c), the source reduction evaluation review and plan required by subdivision (a) shall be conducted and completed for each site pursuant to the format adopted pursuant to subdivision (a) of Section 25244.16 and shall include, at a minimum, all of the following: (1) The name and location of the site. (2) The SIC Code of the site. (3) Identification of all routinely generated hazardous waste streams that annually weigh 600 kilograms or more and that result from ongoing processes or operations and exceed 5 percent of the total yearly weight of hazardous waste generated at the site, or, for extremely hazardous waste, that annually weigh 0.6 kilograms or more and exceed 5 percent of the total yearly weight of extremely hazardous waste generated at the site. For purposes of this paragraph, a hazardous waste stream identified pursuant to this paragraph shall also meet one of the following criteria: (A) It is a hazardous waste stream processed in a wastewater treatment unit that discharges to a publicly owned treatment works or under a national pollutant discharge elimination system (NPDES) permit, as specified in the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1251 and following). (B) It is a hazardous waste stream that is not processed in a wastewater treatment unit and its weight exceeds 5 percent of the weight of the total yearly volume at the site, less the weight of any hazardous waste stream identified in subparagraph (A). (4) For each hazardous waste stream identified in paragraph (3), the review and plan shall include all of the following information: (A) An estimate of the quantity of hazardous waste generated. (B) An evaluation of source reduction approaches available to the generator that are potentially viable. The evaluation shall consider at least all of the following source reduction approaches: (i) Input change. (ii) Operational improvement. (iii) Production process change. (iv) Product reformulation. (5) A specification of, and a rationale for, the technically feasible and economically practicable source reduction measures that will be taken by the generator with respect to each hazardous waste stream identified in paragraph (3). The review and plan shall fully document any statement explaining the generator’s rationale for rejecting any available source reduction approach identified in paragraph (4). (6) An evaluation, and, to the extent practicable, a quantification, of the effects of the chosen source reduction method on emissions and discharges to air, water, or land. (7) A timetable for making reasonable and measurable progress towards implementation of the selected source reduction measures specified in paragraph (5). (8) Certification pursuant to subdivision (d). (9) A generator subject to this article shall include in its source reduction evaluation review and plan four-year numerical goals for reducing the generation of hazardous waste streams through the approaches provided for in subparagraph (B) of paragraph (4), based upon its best estimate of what is achievable in that four-year period. (10) A summary progress report that briefly summarizes and, to the extent practicable, quantifies, in a manner that is understandable to the general public, the results of implementing the source reduction methods identified in the generator’s review and plan for each waste stream addressed by the previous plan over the previous four years. The report shall also include an estimate of the amount of reduction that the generator anticipates will be achieved by the implementation of source reduction methods during the period between the preparation of the review and plan and the preparation of the generator’s next review and plan. (c) If a generator owns or operates multiple sites with similar processes, operations, and waste streams, the generator may prepare a single multisite review and plan addressing all of these sites. (d) Every review and plan conducted pursuant to this section shall be submitted by the generator for review and certification by an engineer who is registered as a professional engineer pursuant to Section 6762 of the Business and Professions Code and who has demonstrated expertise in hazardous waste management, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor who has demonstrated expertise in hazardous waste management. The engineer, individual, or environmental assessor shall certify the review and plan only if the review and plan meet all of the following requirements: (1) The review and plan addresses each hazardous waste stream identified pursuant to paragraph (3) of subdivision (b). (2) The review and plan addresses the source reduction approaches specified in subparagraph (B) of paragraph (4) of subdivision (b). (3) The review and plan clearly sets forth the measures to be taken with respect to each hazardous waste stream for which source reduction has been found to be technically feasible and economically practicable, with timetables for making reasonable and measurable progress, and properly documents the rationale for rejecting available source reduction measures. (4) The review and plan does not merely shift hazardous waste from one environmental medium to another environmental medium by increasing emissions or discharges to air, water, or land. (e) At the time a review and plan is submitted to the department or the unified program agency, the generator shall certify that the generator has implemented, is implementing, or will be implementing, the source reduction measures identified in the review and plan in accordance with the implementation schedule contained in the review and plan. A generator may determine not to implement a measure selected in paragraph (5) of subdivision (b) only if the generator determines, upon conducting further analysis or due to unexpected circumstances, that the selected measure is not technically feasible or economically practicable, or if attempts to implement that measure reveal that the measure would result in, or has resulted in, any of the following: (1) An increase in the generation of hazardous waste. (2) An increase in the release of hazardous chemicals to other environmental media. (3) Adverse impacts on product quality. (4) A significant increase in the risk of an adverse impact to human health or the environment. (f) If the generator elects not to implement the review and plan, including, but not limited to, a selected measure pursuant to subdivision (e), the generator shall amend its review and plan to reflect that election and include in the review and plan proper documentation identifying the rationale for that election. (Amended by Stats. 2012, Ch. 39, Sec. 53. (SB 1018) Effective June 27, 2012.)
  57. 25244.2.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    This section defines “hazardous waste reduction, recycling, and treatment technologies” and excludes certain land-based treatment methods.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.2. For purposes of this article, “hazardous waste reduction, recycling, and treatment technologies” mean technologies and techniques which have, as their primary purpose, the reduced generation of hazardous waste, the recycling of hazardous waste, or the conversion of hazardous waste into a less hazardous form. “Hazardous waste reduction, recycling, and treatment technologies” do not include solidification or treatment occurring directly in, or on, the land, such as techniques using evaporation, surface impoundments, or land farming. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  58. 25244.20.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    Each generator must prepare a hazardous waste management performance report on the stated schedule.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.20. (a) On or before September 1, 1991, and every four years thereafter, each generator shall prepare a hazardous waste management performance report documenting hazardous waste management approaches implemented by the generator. (b) Except as provided in subdivision (d), the hazardous waste management performance report required by subdivision (a) shall be prepared for each site in accordance with the format adopted pursuant to subdivision (a) of Section 25244.16 and shall include all of the following: (1) The name and location of the site. (2) The SIC Code for the site. (3) All of the following information for each waste stream identified pursuant to paragraph (3) of subdivision (b) of Section 25244.19: (A) An estimate of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both onsite and offsite, during the current reporting year and the baseline year, as specified in subdivision (c). (B) An abstract for each source reduction, recycling, or treatment technology implemented from the baseline year through the current reporting year, if the reporting year is different from the baseline year. (C) A description of factors during the current reporting year that have affected hazardous waste generation and onsite and offsite hazardous waste management since the baseline year, including, but not limited to, any of the following: (i) Changes in business activity. (ii) Changes in waste classification. (iii) Natural phenomena. (iv) Other factors that have affected either the quantity of hazardous waste generated or onsite and offsite hazardous waste management requirements. (4) The certification of the report pursuant to subdivision (e). (c) For purposes of subdivision (b), the following definitions apply: (1) The current reporting year is the calendar year immediately preceding the year in which the report is to be prepared. (2) The baseline year is either of the following, whichever is applicable: (A) For the initial report, the baseline year is the calendar year selected by the generator for which substantial hazardous waste generation, or onsite or offsite management, data is available prior to 1991. (B) For all subsequent reports, the baseline year is the current reporting year of the immediately preceding report. (d) If a generator owns or operates multiple sites with similar processes, operations, and waste streams, the generator may prepare a single multisite report addressing all of these sites. (e) Every report completed pursuant to this section shall be submitted by the generator for review and certification by an engineer who is registered as a professional engineer pursuant to Section 6762 of the Business and Professions Code and who has demonstrated expertise in hazardous waste management, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor who has demonstrated expertise in hazardous waste management. The engineer, individual, or environmental assessor shall certify the report only if the report identifies factors that affect the generation and onsite and offsite management of hazardous wastes and summarizes the effect of those factors on the generation and onsite and offsite management of hazardous wastes. (Amended by Stats. 2012, Ch. 39, Sec. 54. (SB 1018) Effective June 27, 2012.)
  59. 25244.21.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    Generators must keep the current review and plan and report, keep copies at each site or a central location, and provide them on request; failure can lead to daily civil 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.21. (a) Every generator shall retain the original of the current review and plan and report, shall maintain a copy of the current review and plan and report at each site, or, for a multisite review and plan or report, at a central location, and upon request, shall make it available to any authorized representative of the department or the unified program agency conducting an inspection pursuant to Section 25185. If a generator fails, within five days, to make available to the inspector the review and plan or report, the department, the unified program agency, or any authorized representative of the department, or of the unified program agency, conducting an inspection pursuant to Section 25185, shall, if appropriate, impose a civil penalty pursuant to Section 25187, in an amount not to exceed one thousand dollars ($1,000) for each day the violation of this article continues, notwithstanding Section 25189.2. (b) If a generator fails to respond to a request for a copy of its review and plan or report made by the department or a unified program agency pursuant to subdivision (a) of Section 25244.18, or by a local agency pursuant to subdivision (e) of Section 25244.18, within 30 days from the date of the request, the department or unified program agency shall, if appropriate, assess a civil penalty pursuant to Section 25187, in an amount not to exceed one thousand dollars ($1,000) for each day the violation of this article continues, notwithstanding Section 25189.2. (c) (1) A person may request the department to certify that a generator is in compliance with this article by having the department certify that the generator has properly completed the review and plan and report required pursuant to Sections 25244.19 and 25244.20. The department shall respond within 60 days to a request for certification. Upon receiving a request for certification, the department shall request from the generator, who is the subject of the request, a copy of the generator’s review and plan and report, pursuant to subdivision (a) of Section 25244.18, if the department does not have these documents. The department shall forward a copy of the review and plan and report to the person requesting certification, within 10 days from the date that the department receives the request for certification or receives the review and plan and report, whichever is later. The department shall protect trade secrets in accordance with Section 25244.23 in a review and plan or report, requested to be released pursuant to this subdivision. (2) This subdivision does not prohibit any person from directly requesting from a generator a copy of the review and plan or report. Solely for the purposes of responding to a request pursuant to this subdivision, the department shall deem the review and plan or report to be a public record subject to Section 25152.5, and shall act in compliance with that section. (Amended by Stats. 2012, Ch. 39, Sec. 55. (SB 1018) Effective June 27, 2012.)
  60. 25244.22.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    The department may publish draft work plans and data summaries, and it must consult, meet publicly, and use specified data and criteria when preparing 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.22. (a) The department may, on a periodic basis, prepare and make available for public review a draft work plan for the department’s operations and activities in carrying out this article. The department shall prepare the work plan in consultation with the advisory committee and with other interested parties, including local government, industry, labor, health, and environmental organizations. The department shall hold a public meeting of the advisory committee to discuss the draft work plan before finalizing the work plan. This work plan shall include an outline of the department’s proposed operations and activities under this article. The department shall use the data summary analysis prepared pursuant to subdivision (b) to develop criteria for the selection of targets for pollution prevention efforts. When identifying activities for inclusion in the work plan, the department shall consider potential benefits to human health and the environment, available resources, feasibility of applying pollution prevention techniques, and availability of related resources from other entities, such as other states, the federal government, local governments, and other organizations. (b) The department may periodically prepare, and make available to the public on its Internet Web site, a summary analysis of readily available data on the state’s hazardous waste generation and management patterns. The analysis may include information from various data sources including hazardous waste manifests, biennial generator reports, and United States Environmental Protection Agency Toxics Release Inventory reports. The department shall estimate the quantities of hazardous waste generated in the state, by hazardous waste stream, the amounts of hazardous waste generated in the state by industry SIC or NAICS Code, and the amounts of hazardous waste state generators sent offsite for management, by management method. (Amended by Stats. 2012, Ch. 39, Sec. 56. (SB 1018) Effective June 27, 2012.)
  61. 25244.23.

    ## 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. )

    Verify source ↗

    The department must adopt regulations to protect designated trade secrets from improper disclosure, and certain agencies must keep those trade secrets 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 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act [25244.12 - 25244.23] ( Heading of Article 11.9 amended by Stats. 2012, Ch. 39, Sec. 41. ) ## 25244.23. (a) (1) The department shall adopt regulations to ensure that trade secrets designated by a generator in all or a portion of the review and plan or the report required by this article are utilized by the director, the department, the unified program agency, or the appropriate local agency only in connection with the responsibilities of the department pursuant to this article, and that those trade secrets are not otherwise disseminated by the director, the department, the unified program agency, or any authorized representative of the department, or the appropriate local agency, without the consent of the generator. (2) Any information subject to this section shall be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. (3) As provided by Section 25159.5, the regulations adopted pursuant to this subdivision shall conform with the corresponding trade secret regulations adopted by the Environmental Protection Agency pursuant to the federal act, except that the regulations adopted by the department may be more stringent or more extensive than the federal trade secret regulations. (4) “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is not patented, that is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and that gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (b) The department, the unified program agency, and the appropriate local agency shall protect from disclosure any trade secret designated by the generator pursuant to this section. The department shall make available information concerning pollution prevention approaches that have proved successful, and that do not constitute a trade secret, when carrying out subdivision (c) of Section 25244.17. (c) This section does not permit a generator to refuse to disclose the information required pursuant to this article to the department, the unified program agency, or the appropriate local agency, an officer or employee of the department, the unified program agency, or the appropriate local agency, in connection with the official duties of that officer or employee under this article. (d) Any officer or employee of the department, the unified program agency, or the appropriate local agency, or any other person, who, because of his or her employment or official position, has possession of, or has access to, confidential information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment. (Amended by Stats. 2012, Ch. 39, Sec. 57. (SB 1018) Effective June 27, 2012.)
  62. 25244.4.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    Generators of hazardous waste must submit a report to the department at least every two 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.4. Every generator of hazardous waste shall submit a report to the department, at least once every two years, reporting the changes in volume and toxicity of waste achieved through waste reduction during the period for which the report is issued. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  63. 25244.5.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    The department must create a hazardous waste technology program and use it to award and manage certain research, demonstration, and local-government grants.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.5. (a) The department shall establish a Hazardous Waste Technology, Research, Development, and Demonstration Program, which shall consist of all of the following elements: (1) Contracting with, and providing grants to, universities, governmental agencies, and private organizations for the research and development of hazardous waste reduction, recycling, or treatment technologies pursuant to Section 25244.10. (2) Providing grants, under specified conditions, to cities, counties, and private organizations for the commercial demonstration of hazardous waste reduction, recycling, or treatment technologies pursuant to Section 25244.6. (3) Providing grants to local governments for the development of local hazardous waste reduction programs which provide technical assistance, including hazardous waste audits, to generators pursuant to Section 25244.1101. (b) (1) For purposes of this subdivision, “commercially successful technology” means a hazardous waste reduction, recycling, or treatment technology which is proven to be profitable, as determined by the department. (2) The department shall require any university, governmental agency, or private organization which receives a grant pursuant to paragraph (1) or (2) of subdivision (a) to agree to repay the department for the amount of the grant, if the grant results in the development of a commercially successful technology, and to additionally pay the department a percentage of any royalties derived from that technology, as negotiated between the department and the grant recipient. (3) The department shall deposit any repayments or royalties received by the department pursuant to this subdivision in the Hazardous Waste Control Account, and those funds may be expended by the department, upon appropriation by the Legislature, to carry out this article. (Amended by Stats. 1993, Ch. 412, Sec. 4. Effective January 1, 1994.)
  64. 25244.6.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    The department must run a hazardous-waste technology program, set grant-selection criteria by January 1, 1987, and use those criteria to pick grant projects.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.6. The department, in consultation with the State Water Resources Control Board, the State Air Resources Board, and the California Waste Management Board, shall do all of the following: (a) Implement a program to research, develop, and demonstrate hazardous waste reduction, recycling, and treatment technologies at appropriate locations throughout the state. (b) On or before January 1, 1987, and, in consultation with industry and interested parties, adopt criteria for selecting projects which would receive grants to pay for the construction of equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The criteria shall include provisions which require that, in assessing each project, the department consider the feasibility of the project’s particular technology, the research and technical spinoffs likely to be generated by the project, the degree to which the findings of the projects can be disseminated and evaluated for replication elsewhere, and the consistency of, and contributions of, the project to the state’s hazardous waste management program. (c) Using the criteria adopted pursuant to subdivision (b), select projects to receive grants to construct equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. A grant issued by the department pursuant to this section is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code, or Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. The department shall select projects which also meet at least one of the following requirements: (1) The project has onsite, as well as offsite potential, for the reduction, recycling, or treatment of hazardous waste. (2) The project has the potential to benefit, or be utilized by, small businesses. (3) The project is applicable to a range of industries. (Amended by Stats. 1987, Ch. 914, Sec. 3.)
  65. 25244.7.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

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    The department may contract for services to help carry out 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.7. Consistent with Article VII of the California Constitution, the department may contract for services to be performed to carry out this article, including, but not limited to, environmental control assessment, feasibility analysis, the review of project design, field management responsibilities, and project scheduling and control. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  66. 25244.8.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    This section sets out four-step grant funding for hazardous waste reduction, recycling, and treatment projects, with required applicant tasks and cost-sharing limits at each step.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.8. Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to projects selected pursuant to Section 25244.6 in four consecutive steps: (a) Step I grants shall be made to study the feasibility of a proposed project. Ninety percent of the costs of the feasibility study shall be eligible for grant funding up to a maximum of twenty-five thousand dollars ($25,000) per grant. In activities funded by a step I grant, the applicant shall develop information needed to select the waste reduction, recycling, or treatment alternative, which would be most cost-effective. (b) Step II grants shall be made for project design. Seventy percent of the costs of the design of the project shall be eligible for grant funding, except that a small business may be eligible for 90 percent of those costs, up to a maximum of fifty thousand dollars ($50,000) per grant. In activities funded by a step II grant, the applicant shall prepare detailed plans and specifications for the selected facilities, establish schedules for implementation, and obtain necessary permits. (c) Step III grants shall be made for the construction of the facilities. Fifty percent of the costs of constructing the project shall be eligible for grant funding, except that a small business may be eligible for 80 percent of those costs, up to a maximum of four hundred thousand dollars ($400,000) per grant. As a condition of receiving a step III grant, the grantee shall allow the results of the project to be evaluated and the information disseminated to other parties. In activities funded by a step III grant, the applicant shall construct the facilities as designed under a step II grant, procure needed equipment, and obtain necessary permits to operate the facility. (d) Step IV grants shall be made to evaluate the effectiveness of grant-funded facilities, develop information on compliance with regulatory permits, and assess applicability of the selected approach to other generators of similar hazardous wastes. Ninety percent of the costs of those activities shall be eligible for grant funding, except that a small business may be eligible for 100 percent of those costs, up to a maximum of one hundred thousand dollars ($100,000) per grant. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  67. 25244.9.

    ## 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 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. )

    Verify source ↗

    The department must compile certain project evaluation results, make them available to interested parties as soon as practicable, and notify interested parties when the evaluations are available.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 11.8. Hazardous Waste Reduction, Recycling, and Treatment [25244 - 25244.10] ( Article 11.8 added by Stats. 1985, Ch. 1030, Sec. 2. ) ## 25244.9. The department shall compile the results of all evaluations of projects funded by step IV grants, as specified in subdivision (d) of Section 25244.8, or the evaluations of any other project which are available to the department, and shall make them available to interested parties as expeditiously as possible. The department shall notify any interested party of the availability of project evaluations. (Added by Stats. 1985, Ch. 1030, Sec. 2.)
  68. 25245.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

    Verify source ↗

    The department must adopt and revise regulations for hazardous waste facilities, including financial assurance rules and a 30-year closure-and-maintenance requirement.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25245. (a) The department shall adopt, and revise when appropriate, standards and regulations which shall do both of the following: (1) Specify the financial assurances to be provided by the owner or operator of a hazardous waste facility that are necessary to respond adequately to damage claims arising out of the operation of that type of facility and to provide for the cost of closure and subsequent maintenance of the facility, including, but not limited to, the monitoring of groundwater and other aspects of the environment after closure. If the facility is required to obtain a permit under the federal act, the financial assurance shall be a trust fund, surety bond, letter of credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted pursuant to the federal act. If the facility is not required to obtain a permit under the federal act, the financial assurance may include any other equivalent financial arrangement acceptable to the department. (2) Provide that every hazardous waste facility can be closed and maintained for at least 30 years subsequent to its closure in a manner that protects human health and the environment and minimizes or eliminates the escape of hazardous waste constituents, leachate, contaminated rainfall, and waste decomposition products to ground and surface waters and to the atmosphere. (b) In adopting regulations pursuant to subdivision (a), to carry out the purposes of this chapter, the department may specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing evidence of financial responsibility. (1) If an owner or operator is in bankruptcy pursuant to Title 11 of the United States Code, or where, with reasonable diligence, jurisdiction in any state or federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which this section requires evidence of financial responsibility may be asserted directly against the guarantor who provided the evidence of financial responsibility. (2) The total liability of any guarantor is limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this chapter. (3) This subdivision does not limit any other state or federal statutory, contractual, or common law liability of a guarantor to the owner or operator, including, but not limited to, the liability of the guarantor for bad faith in either negotiating or in failing to negotiate the settlement of any claim. (4) This subdivision does not diminish the liability of any person under Section 107 or 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Secs. 9607 and 9611). (5) For purposes of this subdivision, “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this section. (Amended by Stats. 2009, Ch. 500, Sec. 52. (AB 1059) Effective January 1, 2010.)
  69. 25245.4.

    ## 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

    Verify source ↗

    This section generally requires certain hazardous-waste facilities and generators to provide financial assurances for closure and some related costs, but it exempts several categories and sets an older date-based transition rule.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25245.4. (a) (1) (A) On and before September 30, 1996, a facility or transportable treatment unit operating pursuant to a permit-by-rule is exempt from any standard or regulation requiring the provision of financial assurances for the costs of closing a treatment unit of the facility authorized under a permit-by-rule or closing the transportable treatment unit that is adopted by the department pursuant to paragraph (1) of subdivision (a) of Section 25245. (B) On and after October 1, 1996, a facility or transportable treatment unit operating pursuant to a permit-by-rule under the regulations adopted by the department regarding transportable treatment units and fixed treatment units, which are contained in Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title 22 of the California Code of Regulations, shall provide financial assurances for the costs of closing a treatment unit of the facility authorized under a permit-by-rule under those regulations, or closing the transportable treatment unit, as specified in the standards and regulations adopted by the department pursuant to paragraph (1) of subdivision (a) of Section 25245 and subdivision (d), unless the facility or transportable treatment unit is exempt from those financial assurance requirements pursuant to this chapter. A facility operating pursuant to a permit-by-rule which operates not more than 30 days in any calendar year is not required to provide financial assurances for the costs of closure of such a treatment unit pursuant to paragraph (1) of subdivision (a) of Section 25245. (2) A facility or transportable treatment unit operating pursuant to a permit-by-rule is exempt from any standard or regulation requiring the provision of financial assurances for third-party liability that is adopted by the department pursuant to paragraph (1) of subdivision (a) of Section 25245. (3) A facility or transportable treatment unit operating pursuant to a permit-by-rule is not required to provide financial assurances for postclosure maintenance pursuant to paragraph (2) of subdivision (a) of Section 25245, unless the department determines, pursuant to the regulations adopted by the department, that the facility is required to obtain a postclosure permit. (b) (1) (A) On and before September 30, 1996, a conditionally authorized generator who treats waste pursuant to Section 25200.3 is exempt from any standard or regulation requiring the provision of financial assurance for the costs of closing the conditionally authorized units that is adopted by the department pursuant to paragraph (1) of subdivision (a) of Section 25245. (B) On and after October 1, 1996, a conditionally authorized generator who treats waste pursuant to Section 25200.3 shall provide financial assurances for the costs of closing the conditionally authorized units, as specified in the standards and regulations adopted by the department pursuant to paragraph (1) of subdivision (a) of Section 25245 and subdivision (d). (2) A generator operating under a grant of conditional authorization pursuant to Section 25200.3 shall not be required to provide financial assurances for third-party liability damages pursuant to paragraph (1) of subdivision (a) of Section 25245. (3) A generator operating under a grant of conditional authorization pursuant to Section 25200.3, shall not be required to provide financial assurances for postclosure maintenance pursuant to paragraph (2) of subdivision (a) of Section 25245, unless the department determines, pursuant to the regulations adopted by the department that the generator is required to obtain a postclosure permit. (c) Notwithstanding any other provision of law, a person who treats waste pursuant to a grant of conditional exemption under this chapter is exempt, for those activities, from any standards or regulations adopted by the department pursuant to paragraph (1) of subdivision (a) of Section 25245 and is not required to provide financial assurances for the costs of closing the treatment units or for damage claims arising out of the operations of the unit pursuant to paragraph (1) of subdivision (a) of Section 25245, or to provide financial assurances for postclosure maintenance pursuant to paragraph (2) of subdivision (a) of Section 25245, unless the department determines, pursuant to the regulations adopted by the department, that the person is required to obtain a postclosure permit. (d) (1) On or before February 1, 1996, the department shall adopt regulations to implement subparagraph (B) of paragraph (1) of subdivision (a) and subparagraph (B) of paragraph (1) of subdivision (b). (2) The regulations adopted pursuant to this subdivision may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (3) The adoption of regulations pursuant to this subdivision is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Amended by Stats. 1996, Ch. 999, Sec. 9. Effective January 1, 1997.)
  70. 25246.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

    Verify source ↗

    Owners or operators of hazardous waste facilities must submit closure and postclosure plans to the department and the regional water board, and the plans must include cost estimates and comply with department regulations and state water-quality 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25246. (a) Each owner or operator of a hazardous waste facility shall submit hazardous waste facility closure and postclosure plans to the department and to the California regional water quality control board for the region in which the facility is located. The plans shall contain the owner’s or operator’s estimate of the cost of closure and subsequent maintenance, shall conform to the regulations adopted by the department and shall comply with applicable state laws relating to water quality protection and monitoring. (b) The plans specified in subdivision (a) shall be submitted to the department with the application for a hazardous waste facilities permit or when otherwise requested by the department. The plans shall be submitted to the California regional water quality control board with a report of waste discharge submitted in accordance with Section 13260 of the Water Code. An owner or operator who has submitted a request for, or received a hazardous waste facilities permit prior to, the adoption of the standards and regulations pursuant to Section 25245 shall submit the plans within 180 days after the department issues a written request for the plans. Prior to actual closure of the facility, the plans shall be updated if requested by the department. However, no owner or operator shall be required to revise or amend a closure plan after the department notifies the owner or operator in writing that the closure of the facility has been completed in accordance with the approved closure plan. (c) An owner or operator who has not submitted facility closure and postclosure plans shall submit the plans at least 180 days prior to closure of the hazardous waste facility. (d) This section does not apply to any person operating under a permit-by-rule, a conditional authorization, or a conditional exemption, pursuant to this chapter or the regulations adopted by the department. (Amended by Stats. 1995, Ch. 640, Sec. 22. Effective January 1, 1996.)
  71. 25246.1.

    ## 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

    Verify source ↗

    The department may require a written cost estimate for corrective action, and affected owners or operators must submit one when 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25246.1. (a) (1) The department shall request, and an owner or operator of a facility shall submit to the department for review and approval, a written cost estimate for corrective action if all of the following are met: (A) The department has identified a release or releases of a hazardous waste or hazardous waste constituent into the environment from the facility. (B) The source of the release or releases of a hazardous waste or hazardous waste constituent is a hazardous waste facility, hazardous waste management unit, or an activity regulated by the department under this chapter. (C) The department determines that corrective action is necessary at the facility, either during the active life of the facility or pursuant to an order or agreement for corrective action. (2) The written cost estimate for corrective action required by paragraph (1) shall be based on available data, the history of releases, and facility activities. (b) (1) Other than for an obligation for corrective action described in subdivision (a), the department shall request, and an owner or operator of a facility or a respondent or proponent required to conduct corrective action at a facility from which releases that necessitate corrective action have occurred shall submit to the department for review and approval, a written cost estimate to cover activities associated with necessary corrective action if the department determines that corrective action is necessary at any site undergoing a response action, as defined in Part 2 (commencing with Section 78000) of Division 45, overseen by the department pursuant to its authority in any of the following circumstances: (A) The department has issued an order, entered into an agreement, or otherwise initiated action with respect to a release at the site, as defined in Part 2 (commencing with Section 78000) of Division 45, pursuant to Article 1 (commencing with Section 78650) of Chapter 4 of, or Article 10 (commencing with Section 79130) of Chapter 5 of, Part 2 of Division 45 or Section 78870, 79005, 79055, 79060, or 79065. (B) The source of the release or releases, as defined in Part 2 (commencing with Section 78000) of Division 45, is a hazardous waste facility, hazardous waste management unit, or an activity regulated by the department under this chapter. (C) The department is conducting, or has conducted, oversight of the site investigation and response action at the site at the request of the responsible party, as defined in Part 2 (commencing with Section 78000) of Division 45. (2) The written cost estimate required pursuant to paragraph (1) shall be based on available data, the history of releases, and activities at the site, as defined in Part 2 (commencing with Section 78000) of Division 45. (c) An owner or operator may satisfy the requirements of this section by demonstrating to the department that it has provided financial assurance for corrective action to the State Water Resources Control Board or a California regional water quality control board for the same release identified by the department. (d) For facilities for which sole jurisdiction has been granted pursuant to subdivision (b) of Section 25204.6, the department shall not require additional financial assurances unless it is the lead agency or is directed by the lead agency that has sole jurisdiction pursuant to subdivision (b) of Section 25204.6. This section does not alter the State Water Resources Control Board’s rules and regulations regarding financial assurances. (Amended by Stats. 2022, Ch. 258, Sec. 66. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  72. 25246.2.

    ## 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

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    This section sets deadlines and standards for submitting, reviewing, revising, and funding corrective action cost estimates for certain hazardous waste facilities under department oversight.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25246.2. (a) All of the following requirements apply if a written cost estimate for corrective action is required pursuant to Section 25246.1: (1) A corrective action cost estimate shall be based on, and be no less stringent than, the ASTM International Standard E2150. (2) (A) An owner or operator of a facility requiring corrective action under department oversight shall submit the corrective action cost estimate to the department within 60 days of the department’s request. (B) If the department determines that the corrective action cost estimate is substantially incomplete or includes substantially unsatisfactory information, the department shall provide a written notice of deficiency to the owner or operator of the hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility within 60 days of receipt of the corrective action cost estimate. (C) The owner or operator of the hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility shall submit a revised corrective action cost estimate based on the information provided in the written notice of deficiency within 30 days. (D) The department shall approve or deny the revised corrective action cost estimate within 30 days of receipt of the revised corrective action cost estimate. (E) If the corrective action cost estimate does not address the information provided in the written notice of deficiency, as determined by the department, the department shall deny the revised corrective action cost estimate and shall, within 60 days of denial of the corrective action cost estimate, develop its own corrective action cost estimate that will be the approved corrective action cost estimate for the facility. (3) Within 90 days of approval by the department of a corrective action cost estimate, the owner or operator of a hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility shall fund the approved corrective action cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action. (4) If the owner or operator of a hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility is required to submit a financial assurance mechanism for corrective action, the financial assurances shall be in the form of a trust fund, surety bond, letter or credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted by the department for financial assurance mechanisms. (5) The financial assurances for an owner or operator of a hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility that is required to submit a financial assurance mechanism for corrective action shall be governed by Article 11 (commencing with Section 79180) of Chapter 5 of Part 2 of Division 45. (b) The department may adopt, and revise, when appropriate, standards and regulations to implement this section. Additionally, the department may adopt 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, to implement this section. The adoption of these regulations shall be declared an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. (Amended by Stats. 2022, Ch. 258, Sec. 67. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  73. 25247.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

    Verify source ↗

    The department must review submitted plans and can approve them only when they comply with applicable regulations and certain timing 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25247. (a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. (b) The department shall not approve the plan until at least one of the following occurs: (1) The plan has been approved pursuant to Section 13227 of the Water Code. (2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. (3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. (c) Any action taken by the department pursuant to this section is subject to Section 25204.5. (d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. (A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. (C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. (2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. (3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. (4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: (A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. (B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. (C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. (e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). (f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). (g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. (h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. (Amended by Stats. 2016, Ch. 676, Sec. 1.5. (SB 1325) Effective January 1, 2017.)
  74. 25248.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

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    An owner or operator of a facility with approved closure and postclosure plans must carry out those plans during the closure and postclosure period required by 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25248. The owner or operator of a facility for which closure and postclosure plans have been approved shall carry out the plans during the closure and postclosure period required by law. (Amended by Stats. 1988, Ch. 1631, Sec. 42.)
  75. 25249.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. )

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    On the article’s effective date, operators covered by former Division 7.5 of the Water Code become subject to 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 12. Financial Responsibility and Closure and Maintenance of Facilities [25245 - 25249] ( Article 12 added by Stats. 1982, Ch. 90, Sec. 3. ) ## 25249. On the effective date of this article, any operator subject to former Division 7.5 (commencing with Section 14000) of the Water Code shall be subject to this article. (Added by Stats. 1982, Ch. 90, Sec. 3. Effective March 2, 1982.)
  76. 25249.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    Section 25249.6 warning requirements do not apply to certain exposures, including federally preempted warnings, exposures within 12 months after a chemical is listed, and exposures shown to pose no significant risk or no observable effect at the stated levels.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.10. Exemptions from Warning Requirement. Section 25249.6 shall not apply to any of the following: (a) An exposure for which federal law governs warning in a manner that preempts state authority. (b) An exposure that takes place less than twelve months subsequent to the listing of the chemical in question on the list required to be published under subdivision (a) of Section 25249.8. (c) An exposure for which the person responsible can show that the exposure poses no significant risk assuming lifetime exposure at the level in question for substances known to the state to cause cancer, and that the exposure will have no observable effect assuming exposure at one thousand (1000) times the level in question for substances known to the state to cause reproductive toxicity, based on evidence and standards of comparable scientific validity to the evidence and standards which form the scientific basis for the listing of such chemical pursuant to subdivision (a) of Section 25249.8. In any action brought to enforce Section 25249.6, the burden of showing that an exposure meets the criteria of this subdivision shall be on the defendant. (Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.)
  77. 25249.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    This section defines key terms for the chapter and says warnings under Section 25249.6 may be given by clear, reasonable general methods rather than to each person individually.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.11. Definitions. For purposes of this chapter: (a) “Person” means an individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, and association. (b) “Person in the course of doing business” does not include any person employing fewer than 10 employees in his or her business; any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; or any entity in its operation of a public water system as defined in Section 116275. (c) “Significant amount” means any detectable amount except an amount which would meet the exemption test in subdivision (c) of Section 25249.10 if an individual were exposed to such an amount in drinking water. (d) “Source of drinking water” means either a present source of drinking water or water which is identified or designated in a water quality control plan adopted by a regional board as being suitable for domestic or municipal uses. (e) “Threaten to violate” means to create a condition in which there is a substantial probability that a violation will occur. (f) “Warning” within the meaning of Section 25249.6 need not be provided separately to each exposed individual and may be provided by general methods such as labels on consumer products, inclusion of notices in mailings to water customers, posting of notices, placing notices in public news media, and the like, provided that the warning accomplished is clear and reasonable. In order to minimize the burden on retail sellers of consumer products including foods, regulations implementing Section 25249.6 shall to the extent practicable place the obligation to provide any warning materials such as labels on the producer or packager rather than on the retail seller, except where the retail seller itself is responsible for introducing a chemical known to the state to cause cancer or reproductive toxicity into the consumer product in question. (Amended by Stats. 1996, Ch. 1023, Sec. 238. Effective September 29, 1996. Note: This section was added on Nov. 4, 1986, by initiative Prop. 65.)
  78. 25249.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    The Governor must designate a lead agency, designated agencies may adopt implementing regulations, and specified penalty money must be split between the fund and the enforcing office or person.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.12. (a) The Governor shall designate a lead agency and other agencies that may be required to implement this chapter, including this section. Each agency so designated may adopt and modify regulations, standards, and permits as necessary to conform with and implement this chapter and to further its purposes. (b) The Safe Drinking Water and Toxic Enforcement Fund is hereby established in the State Treasury. The director of the lead agency designated by the Governor to implement this chapter may expend the funds in the Safe Drinking Water and Toxic Enforcement Fund, upon appropriation by the Legislature, to implement and administer this chapter. (c) In addition to any other money that may be deposited in the Safe Drinking Water and Toxic Enforcement Fund, all of the following amounts shall be deposited in the fund: (1) Seventy-five percent of all civil and criminal penalties collected pursuant to this chapter. (2) Any interest earned upon the money deposited into the Safe Drinking Water and Toxic Enforcement Fund. (d) Twenty-five percent of all civil and criminal penalties collected pursuant to this chapter shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action, or in the case of an action brought by a person under subdivision (d) of Section 25249.7, to that person. (Amended by Stats. 2003, Ch. 228, Sec. 22. Effective August 11, 2003. Note: This section was added on Nov. 4, 1986, by initiative Prop. 65.)
  79. 25249.13.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    This section preserves existing legal obligations and prevents the chapter from creating or expanding defenses to enforce them.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.13. Preservation Of Existing Rights, Obligations, and Penalties. Nothing in this chapter shall alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and nothing in this chapter shall create or enlarge any defense in any action to enforce such legal obligation. Penalties and sanctions imposed under this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law. (Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987. Note: Sections 25250 to 25259 are in Articles 13 to 17 of Chapter 6.5, following Section 25249.2.)
  80. 25249.14.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    The Governor’s Office of Business and Economic Development must post a Proposition 65 disclaimer on its website and include it in certain business materials.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.14. The Governor’s Office of Business and Economic Development shall post in a conspicuous location on its Internet Web site, and include with any informational materials provided to businesses relating to a business’s obligations under state law, a disclaimer that states the following: Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to chemicals that are known to the state to cause cancer or birth defects or other reproductive harm. It is important to know that a product that receives certification from the United States Food and Drug Administration, or another federal agency or state agency, is not necessarily exempt from California requirements for chemical exposure warnings. Businesses should be aware of the levels of harmful chemicals in their products and of applicable Proposition 65 requirements. For more information on Proposition 65 and how to comply with its requirements, please visit https://oehha.ca.gov. (Added by Stats. 2017, Ch. 510, Sec. 2. (AB 1583) Effective January 1, 2018.)
  81. 25249.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    A business may not knowingly discharge or release a state-known carcinogenic or reproductively toxic chemical into water or land that could reach drinking water, except as provided in Section 25249.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.5. Prohibition On Contaminating Drinking Water With Chemicals Known to Cause Cancer or Reproductive Toxicity. No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water, notwithstanding any other provision or authorization of law except as provided in Section 25249.9. (Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.)
  82. 25249.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    Businesses may not knowingly and intentionally expose a person to certain chemicals without first giving clear and reasonable warning.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.6. Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10. (Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.)
  83. 25249.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    This section lets enforcement actions seek injunctions and civil penalties for violations or threatened violations of Sections 25249.5 or 25249.6, and it sets rules for who may sue, notice, reporting, settlement approval, and appellate notice to the Attorney General.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.7. (a) A person who violates or threatens to violate Section 25249.5 or 25249.6 may be enjoined in any court of competent jurisdiction. (b) (1) A person who has violated Section 25249.5 or 25249.6 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of a civil penalty for a violation of this chapter, the court 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 chapter 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) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the State of California, by a district attorney, by a city attorney of a city having a population in excess of 750,000, or, with the consent of the district attorney, by a city prosecutor in a city or city and county having a full-time city prosecutor, or as provided in subdivision (d). (d) Actions pursuant to this section may be brought by a person in the public interest if both of the following requirements are met: (1) The private action is commenced more than 60 days from the date that the person has given notice of an alleged violation of Section 25249.5 or 25249.6 that is the subject of the private action to the Attorney General and the district attorney, city attorney, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the notice alleges a violation of Section 25249.6, the notice of the alleged violation shall include a certificate of merit executed by the attorney for the noticing party, or by the noticing party, if the noticing party is not represented by an attorney. The certificate of merit shall state that the person executing the certificate has consulted with one or more persons with relevant and appropriate experience or expertise who has reviewed facts, studies, or other data regarding the exposure to the listed chemical that is the subject of the action, and that, based on that information, the person executing the certificate believes there is a reasonable and meritorious case for the private action. Factual information sufficient to establish the basis of the certificate of merit, including the information identified in paragraph (2) of subdivision (h), shall be attached to the certificate of merit that is served on the Attorney General. (2) Neither the Attorney General, a district attorney, a city attorney, nor a prosecutor has commenced and is diligently prosecuting an action against the violation. (e) (1) (A) If, after reviewing the factual information sufficient to establish the basis for the certificate of merit and meeting and conferring with the noticing party regarding the basis for the certificate of merit, the Attorney General believes there is no merit to the action, the Attorney General shall serve a letter to the noticing party and the alleged violator stating the Attorney General believes there is no merit to the action. (B) If the Attorney General does not serve a letter pursuant to subparagraph (A), this shall not be construed as an endorsement by the Attorney General of the merit of the action. (2) A person bringing an action in the public interest pursuant to subdivision (d) and a person filing an action in which a violation of this chapter is alleged shall notify the Attorney General that the action has been filed. Neither this subdivision nor the procedures provided in subdivisions (f) to (k), inclusive, affect the requirements imposed by statute or a court decision in existence on January 1, 2002, concerning whether a person filing an action in which a violation of this chapter is alleged is required to comply with the requirements of subdivision (d). (f) (1) A person filing an action in the public interest pursuant to subdivision (d), a private person filing an action in which a violation of this chapter is alleged, or a private person settling a violation of this chapter alleged in a notice given pursuant to paragraph (1) of subdivision (d), shall, after the action or violation is subject either to a settlement or to a judgment, submit to the Attorney General a reporting form that includes the results of that settlement or judgment and the final disposition of the case, even if dismissed. At the time of the filing of a judgment pursuant to an action brought in the public interest pursuant to subdivision (d), or an action brought by a private person in which a violation of this chapter is alleged, the plaintiff shall file an affidavit verifying that the report required by this subdivision has been accurately completed and submitted to the Attorney General. (2) A person bringing an action in the public interest pursuant to subdivision (d), or a private person bringing an action in which a violation of this chapter is alleged, shall, after the action is either subject to a settlement, with or without court approval, or to a judgment, submit to the Attorney General a report that includes information on any corrective action being taken as a part of the settlement or resolution of the action. (3) The Attorney General shall develop a reporting form that specifies the information that shall be reported, including, but not limited to, for purposes of paragraph (2) of subdivision (e), the date the action was filed, the nature of the relief sought, and for purposes of this subdivision, the amount of the settlement or civil penalty assessed, other financial terms of the settlement, and any other information the Attorney General deems appropriate. (4) If there is a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) The warning that is required by the settlement complies with this chapter. (B) The award of attorney’s fees is reasonable under California law. (C) The penalty amount is reasonable based on the criteria set forth in paragraph (2) of subdivision (b). (5) The plaintiff subject to paragraph (4) has the burden of producing evidence sufficient to sustain each required finding. The plaintiff shall serve the motion and all supporting papers on the Attorney General, who may appear and participate in a proceeding without intervening in the case. (6) Neither this subdivision nor the procedures provided in paragraph (2) of subdivision (e) and subdivisions (g) to (k), inclusive, affect the requirements imposed by statute or a court decision in existence on January 1, 2002, concerning whether claims raised by a person or public prosecutor not a party to the action are precluded by a settlement approved by the court. (g) The Attorney General shall maintain a record of the information submitted pursuant to subdivisions (e) and (f) and shall make this information available to the public. (h) (1) The basis for the certificate of merit required by subdivision (d) is discoverable only to the extent that the information is relevant to the subject matter of the action and not subject to the attorney-client privilege, the attorney work product privilege, or any other legal privilege. (2) Upon the conclusion of an action brought pursuant to subdivision (d) with respect to a defendant, if the trial court determines that there was no actual or threatened exposure to a listed chemical, the court may, upon the motion of that alleged violator or upon the court’s own motion, review the basis for the belief of the person executing the certificate of merit, expressed in the certificate of merit, that an exposure to a listed chemical had occurred or was threatened. The information in the certificate of merit, including the identity of the persons consulted with and relied on by the certifier, and the facts, studies, or other data reviewed by those persons, shall be disclosed to the court in an in-camera proceeding at which the moving party shall not be present. If the court finds that there was no credible factual basis for the certifier’s belief that an exposure to a listed chemical had occurred or was threatened, then the action shall be deemed frivolous within the meaning of Section 128.5 of the Code of Civil Procedure. The court shall not find a factual basis credible on the basis of a legal theory of liability that is frivolous within the meaning of Section 128.5 of the Code of Civil Procedure. (i) The Attorney General may provide the factual information submitted to establish the basis of the certificate of merit on request to a district attorney, city attorney, or prosecutor within whose jurisdiction the violation is alleged to have occurred, or to any other state or federal government agency, but in all other respects the Attorney General shall maintain, and ensure that all recipients maintain, the submitted information as confidential official information to the full extent authorized in Section 1040 of the Evidence Code. (j) In an action brought by the Attorney General, a district attorney, a city attorney, or a prosecutor pursuant to this chapter, the Attorney General, district attorney, city attorney, or prosecutor may seek and recover costs and attorney’s fees on behalf of a party who provides a notice pursuant to subdivision (d) and who renders assistance in that action. (k) Any person who serves a notice of alleged violation pursuant to paragraph (1) of subdivision (d) for an exposure identified in subparagraph (A), (B), (C), or (D) of paragraph (1) shall complete, as appropriate, and provide to the alleged violator at the time the notice of alleged violation is served, a notice of special compliance procedure and proof of compliance form pursuant to subdivision (l) and shall not file an action for that exposure against the alleged violator, or recover from the alleged violator in a settlement any payment in lieu of penalties or any reimbursement for costs and attorney’s fees, if all of the following conditions have been met: (1) The notice given pursuant to paragraph (1) of subdivision (d) was served on or after the effective date of the act amending this section during the 2013–14 Regular Session and alleges that the alleged violator failed to provide clear and reasonable warning as required under Section 25249.6 regarding one or more of the following: (A) An exposure to alcoholic beverages that are consumed on the alleged violator’s premises to the extent onsite consumption is permitted by law. (B) An exposure to a chemical known to the state to cause cancer or reproductive toxicity in a food or beverage prepared and sold on the alleged violator’s premises primarily intended for immediate consumption on or off premises, to the extent of both of the following: (i) The chemical was not intentionally added. (ii) The chemical was formed by cooking or similar preparation of food or beverage components necessary to render the food or beverage palatable or to avoid microbiological contamination. (C) An exposure to environmental tobacco smoke caused by entry of persons (other than employees) on premises owned or operated by the alleged violator where smoking is permitted at any location on the premises. (D) An exposure to chemicals known to the state to cause cancer or reproductive toxicity in engine exhaust, to the extent the exposure occurs inside a facility owned or operated by the alleged violator and primarily intended for parking noncommercial vehicles. (2) Within 14 days after service of the notice, the alleged violator has done all of the following: (A) Corrected the alleged violation. (B) (i) Agreed to pay a civil penalty for the alleged violation of Section 25249.6 in the amount of five hundred dollars ($500), to be adjusted quinquennially pursuant to clause (ii), per facility or premises where the alleged violation occurred, of which 75 percent shall be deposited in the Safe Drinking Water and Toxic Enforcement Fund, and 25 percent shall be paid to the person that served the notice as provided in Section 25249.12. (ii) On April 1, 2019, and at each five-year interval thereafter, the dollar amount of the civil penalty provided pursuant to this subparagraph shall be adjusted by the Judicial Council based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations, Division of Labor Statistics and Research, for the most recent five-year period ending on December 31 of the year preceding the year in which the adjustment is made, rounded to the nearest five dollars ($5). The Judicial Council shall quinquennially publish the dollar amount of the adjusted civil penalty provided pursuant to this subparagraph, together with the date of the next scheduled adjustment. (C) Notified, in writing, the person that served the notice of the alleged violation, that the violation has been corrected. The written notice shall include the notice of special compliance procedure and proof of compliance form specified in subdivision (l), which was provided by the person serving notice of the alleged violation and which shall be completed by the alleged violator as directed in the notice. (3) The alleged violator shall deliver the civil penalty to the person that served the notice of the alleged violation within 30 days of service of that notice, and the person that served the notice of violation shall remit the portion of the penalty due to the Safe Drinking Water and Toxic Enforcement Fund within 30 days of receipt of the funds from the alleged violator. (l) The notice required to be provided to an alleged violator pursuant to subdivision (k) shall be presented as follows: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Proof of Compliance form appears in the published bill. See Sec. 1, Chapter 187 (pp. 7–8), Statutes of 2019. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (m) An alleged violator may satisfy the conditions set forth in subdivision (k) only one time for a violation arising from the same exposure in the same facility or on the same premises. (n) Nothing in subdivision (k) shall prevent the Attorney General, a district attorney, a city attorney, or a prosecutor in whose jurisdiction the violation is alleged to have occurred from filing an action pursuant to subdivision (c) against an alleged violator. In any such action, the amount of any civil penalty for a violation shall be reduced to reflect any payment made by the alleged violator for the same alleged violation pursuant to subparagraph (B) of paragraph (2) of subdivision (k). (o) If a violation of this chapter is alleged or the application or construction of provisions of this chapter is at issue in a proceeding in the Supreme Court, court of appeal, or the appellate division of the superior court, each party shall serve a copy of the party’s brief or petition and brief, on the Attorney General. Service on the Attorney General shall be accomplished by serving the brief, or petition and brief, on the Proposition 65 coordinator at the service address designated on the Attorney General’s internet website for Proposition 65 enforcement reporting. A brief shall not be accepted or filed unless the proof of service shows service on the Attorney General. A party failing to comply with this subdivision shall be given a reasonable opportunity to cure the failure before the court imposes sanction, and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter. (Amended by Stats. 2019, Ch. 187, Sec. 1. (AB 1123) Effective January 1, 2020. Note: See published chaptered bill for complete section text. The Proof of Compliance form appears on pages 7 to 8 of Stats. 2019, Ch. 187. Note: This section was added on Nov. 4, 1986, by initiative Prop. 65.)
  84. 25249.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    The Governor must publish and update lists of chemicals linked to cancer or reproductive toxicity, and consult state qualified experts as needed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.8. List Of Chemicals Known to Cause Cancer Or Reproductive Toxicity. (a) On or before March 1, 1987, the Governor shall cause to be published a list of those chemicals known to the state to cause cancer or reproductive toxicity within the meaning of this chapter, and he shall cause such list to be revised and republished in light of additional knowledge at least once per year thereafter. Such list shall include at a minimum those substances identified by reference in Labor Code Section 6382(b)(1) and those substances identified additionally by reference in Labor Code Section 6382(d). (b) A chemical is known to the state to cause cancer or reproductive toxicity within the meaning of this chapter if in the opinion of the state’s qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity, or if a body considered to be authoritative by such experts has formally identified it as causing cancer or reproductive toxicity, or if an agency of the state or federal government has formally required it to be labeled or identified as causing cancer or reproductive toxicity. (c) On or before January 1, 1989, and at least once per year thereafter, the Governor shall cause to be published a separate list of those chemicals that at the time of publication are required by state or federal law to have been tested for potential to cause cancer or reproductive toxicity but that the state’s qualified experts have not found to have been adequately tested as required. (d) The Governor shall identify and consult with the state’s qualified experts as necessary to carry out his duties under this section. (e) In carrying out the duties of the Governor under this section, the Governor and his designates shall not be considered to be adopting or amending a regulation within the meaning of the Administrative Procedure Act as defined in Government Code Section 11370. (Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.)
  85. 25249.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. )

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    Section 25249.5 does not apply to certain discharges or releases that meet listed exemption conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14] ( Chapter 6.6 added November 4, 1986, by initiative Proposition 65, Sec. 2. ) ## 25249.9. Exemptions from Discharge Prohibition. (a) Section 25249.5 shall not apply to any discharge or release that takes place less than twenty months subsequent to the listing of the chemical in question on the list required to be published under subdivision (a) of Section 25249.8. (b) Section 25249.5 shall not apply to any discharge or release that meets both of the following criteria: (1) The discharge or release will not cause any significant amount of the discharged or released chemical to enter any source of drinking water. (2) The discharge or release is in conformity with all other laws and with every applicable regulation, permit, requirement, and order. In any action brought to enforce Section 25249.5, the burden of showing that a discharge or release meets the criteria of this subdivision shall be on the defendant. (Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.)
  86. 25250.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    The Legislature states that used oil should be collected and recycled as much as possible using methods that are economically feasible and environmentally sound.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250. (a) The Legislature finds that almost 100 million gallons of used oil is generated each year in the state; that this oil is a valuable petroleum resource which can be recycled; and that, in spite of this potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means which pollute the water, land, and air, and endanger the public health, safety, and welfare. (b) The Legislature also finds that readily available technologies exist to recycle used oil into useful products and that used oil should be collected and recycled, to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, to protect the environment, and to protect public health, safety, and welfare. (Added by Stats. 1986, Ch. 871, Sec. 1.)
  87. 25250.1.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    This section defines “used oil” and “recycled oil,” sets purity and exclusion rules, and requires certain recyclers and generators to keep records and notify the department before claiming 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.1. (a) As used in this article, the following terms have the following meanings: (1) (A) “Used oil” means all of the following: (i) Oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. (ii) Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (B) Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings. (C) “Used oil” does not include any of the following: (i) Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel. (ii) (I) Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of Title 33 of the United States Code, including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil. (II) For purposes of this clause, “de minimis quantities of used oil” are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations. (III) This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters. (iii) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. (iv) Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 parts per million (ppm) or greater. (v) (I) Oil containing more than 1,000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (II) A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III). (III) The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1,000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from very small quantity generators, as defined in Section 263.13 of Title 40 of the Code of Federal Regulations. This subclause does not authorize any person to violate the prohibition specified in Section 25250.7. (2) “Board” means the California Integrated Waste Management Board. (3) (A) “Recycled oil” means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive: (i) Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7. (ii) The recycled oil meets one of the following requirements: (I) The recycled oil is produced by a generator lawfully recycling its oil. (II) The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B). (III) The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state. (iii) Has been prepared for reuse and meets all of the following standards: (I) The oil meets the standards of purity set forth in subparagraph (B). (II) If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B). (III) The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (IV) The oil is not subject to regulation as a hazardous waste under the federal act. (V) If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B). (B) The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards: (i) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit. (ii) Total lead: 50 milligrams per kilogram (mg/kg) or less. (iii) Total arsenic: 5 mg/kg or less. (iv) Total chromium: 10 mg/kg or less. (v) Total cadmium: 2 mg/kg or less. (vi) Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1,000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg. (C) Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology used to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision. (D) This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal. (4) “Used oil recycling facility” means a facility that reprocesses or re-refines used oil. (5) “Used oil storage facility” means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil. (6) “Used oil transfer facility” means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3. (7) (A) For purposes of this section and Section 25250.7 only, “contaminated petroleum product” means a product that meets all of the following conditions: (i) It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent. (ii) It has not been used for its original intended purpose. (iii) It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (iv) It has not been mixed with a hazardous waste other than another contaminated petroleum product. (B) This section or Section 25250.7 shall not be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter. (b) Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department: (1) The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions: (A) The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a). (B) The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a). (C) The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (D) The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. (E) The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19. (F) The used oil is not disposed of or used in a manner constituting disposal. (2) The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19. (c) Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 before its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria. (d) Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2024, Ch. 80, Sec. 85. (SB 1525) Effective January 1, 2025.)
  88. 25250.10.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Registered hazardous waste haulers who transport used oil must report specified information to the department each year by March 1 on a department-provided form.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.10. Every registered hazardous waste hauler who transports used oil shall report to the department, on or before March 1 of each year, the following information on a form provided by the department: (a) The shipping descriptions of used oil transported during the preceding calendar year. (b) The volume of each type of used oil transported, identified by shipping description. (c) The facilities to which the used oil was transported, identified by name, address, telephone number, and Environmental Protection Agency identification number. (Amended by Stats. 1988, Ch. 545, Sec. 3.)
  89. 25250.11.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    This section exempts certain used-oil handlers from some hazardous-waste permit and manifest requirements if specific volume, container, source, and contact 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.11. (a) Any person who receives used oil from consumers or other used oil generators, is exempt from hazardous waste facilities permit requirements imposed pursuant to Article 9 (commencing with Section 25200) with respect to any location at which used oil is received if all of the following conditions are met: (1) Each shipment of used oil received does not exceed 55 gallons, and the capacity of any single container does not exceed 55 gallons. (2) No other hazardous wastes are received at the location, unless authorized by other provisions of law. (3) The used oil is transported by the generator of the used oil. (b) Any person who transports used oil is exempt from the requirements of subdivision (a) of Section 25163 and from the requirements of Section 25160 concerning the possession of a manifest while transporting used oil to a location described in subdivision (a) if all of the following conditions are met: (1) The capacity of any single container does not exceed 55 gallons. (2) Each shipment of used oil does not exceed 55 gallons. (3) The person transporting the used oil had generated the used oil. (4) The person transporting the used oil does not transport greater than 20 gallons of used oil, and does not transport any used oil in any container exceeding 5 gallons in capacity, without first contacting the destination location described in subdivision (a) and verifying that the location will accept the used oil. (c) This section does not prevent any person that receives used oil pursuant to subdivision (a) from placing volume limits or container size limits on the shipments of used oil accepted by that person that are smaller than the limits specified in this section. (Amended by Stats. 2001, Ch. 605, Sec. 15. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.)
  90. 25250.12.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil from maintenance operations may be moved to the maintenance person’s place of business for consolidation, but only if specific transport, quantity, recycling, and handling 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.12. Used oil generated during maintenance operations may be transferred from its point of generation to the maintenance person’s place of business, other than a residence, for the purpose of consolidation in a tank or container, without meeting the requirements of Sections 25160, 25163, and 25201, if the material is to be recycled at an authorized offsite hazardous waste facility and if all the following conditions are met: (a) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator. (b) Not more than 55 gallons are transferred in the vehicle at any one time. (c) The used oil is managed in accordance with all laws concerning storage and handling of hazardous wastes upon consolidation at the maintenance person’s place of business. (d) The used oil is deemed to be generated at the point of consolidation upon consolidation. (Amended by Stats. 1994, Ch. 1154, Sec. 6. Effective January 1, 1995.)
  91. 25250.13.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    A transfer facility that accepts used oil and keeps it for more than 24 hours, and is not otherwise a storage facility, must follow the federal used oil transfer facility requirements in 40 CFR Part 279, Subpart E.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.13. Notwithstanding any provision of this chapter, a transfer facility, as defined in paragraph (3) of subdivision (a) of Section 25123.3, that accepts used oil and holds the oil for more than 24 hours, but is not otherwise a storage facility, as defined in subdivision (b) of Section 25123.3, shall comply with the requirements for used oil transfer facilities that are specified in Subpart E (commencing with Section 279.40) of Part 279 of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2004, Ch. 779, Sec. 6. Effective January 1, 2005.)
  92. 25250.15.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Certain used-oil collection activities are exempt from specified HSC, Vehicle Code, permit, and generator-fee requirements if the stated 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.15. (a) Any person operating a refuse removal vehicle or a curbside collection vehicle used to collect or transport used oil which has been generated as a household waste or as part of a curbside recycling program, as defined by the board, is exempt from the requirements of Section 25160, and subdivision (a) of Section 25163 of this code and Chapter 2.5 (commencing with Section 2500) of Division 2 of, Division 14.1 (commencing with Section 32000) of, and subdivision (g) of Section 34500 of, the Vehicle Code. (b) Refuse removal and other curbside collection operations exempted under subdivision (a) are also exempt from permit requirements pursuant to Article 9 (commencing with Section 25200), if the storage location meets all applicable hazardous waste generator, container, and tank requirements, except for the generator fee requirement specified in subdivision (d). (c) Used oil collected pursuant to this section shall be deemed to be generated by the storage location upon receipt. (d) Used oil collected pursuant to this section is exempt from the generator fee imposed pursuant to Section 25205.5. (Amended by Stats. 2016, Ch. 86, Sec. 186. (SB 1171) Effective January 1, 2017.)
  93. 25250.16.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil may not be recycled unless the recycler has department authorization or an exemption, and authorized recyclers must ensure removed halogens are not burned except at an authorized 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.16. (a) No person may recycle used oil without obtaining authorization from the department pursuant to Section 25200 or 25200.5, or unless exempted pursuant to Section 25143.2. (b) Any person who is authorized to recycle used oil pursuant to Section 25200 or 25200.5 shall assure, to the satisfaction of the department, that halogens removed from used oil in the recycling process are not burned, except at a facility authorized to do so pursuant to Section 25200 or 25200.5. (Amended by Stats. 1995, Ch. 423, Sec. 4. Effective January 1, 1996.)
  94. 25250.17.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil recycling, storage, and transfer facilities must file a report with the department by March 1 of each even-numbered year unless they meet Section 25250.11 requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.17. (a) Unless the facility meets the requirements of Section 25250.11, each used oil recycling, storage, or transfer facility shall submit a report, on or before March 1 of each even-numbered year, to the department, on a form provided by the department, containing all of the following information: (1) The total volume of used oil possessed at the beginning and end of the preceding calendar year. (2) The total volume of used oil received during the preceding calendar year. (3) The total volume of used oil recycled during the preceding calendar year, itemized as follows: (A) Prepared for reuse as a petroleum product. (B) Consumed in the process of preparing for reuse, including wastes generated. (C) Prepared for reuse other than as a petroleum product, specifying each type of other use. (D) Not recycled but transported offsite. (E) The manner in which the used oil is processed or re-refined, including the specific processes used, if applicable. (4) Any other information which the department may require. (b) The department may utilize reports collected by other governmental agencies to obtain the information required by this section. (Amended by Stats. 1994, Ch. 1154, Sec. 8. Effective January 1, 1995.)
  95. 25250.18.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    People who transport certain recycled or exempt oil must keep a department certification form with each shipment, and keep those forms for 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.18. (a) Any person who transports recycled oil or oil exempted pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall maintain with each shipment a certification form, provided by the department, which contains all of the following information: (1) The name and address of the used oil recycling facility or generator claiming the oil meets the requirements of Section 25250.1. (2) The name and address of the facility receiving the shipment. (3) The quantity of oil delivered. (4) The date of shipment or delivery. (5) A cross-reference to the records and documentation required under Section 25250.1. (b) Certification forms required in subdivision (a) shall be maintained for three years and are subject to an audit and verification by the department or the board. (Amended by Stats. 2000, Ch. 732, Sec. 3. Effective January 1, 2001.)
  96. 25250.19.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil recyclers and certain generators must test, certify, keep records, and retain shipment logs for used oil; the department may audit, charge a reasonable fee, and require additional testing in some cases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.19. (a) (1) A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to applicable methods in the Environmental Protection Agency Document No. Solid Waste 846 or an equivalent alternative method approved or required by the department, and shall ensure and certify the oil as being in compliance with the standards specified in paragraph (3) of subdivision (a) of Section 25250.1. (2) The used oil recycler shall test the recycled oil for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1, and for any other hazardous characteristics or constituents for which testing is required in the permit issued by the department for the used oil recycling facility. The permit shall require testing for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1. The permit may also require testing for other hazardous characteristics and constituents only if the department finds, based upon evidence in the record, both of the following: (A) There is a reasonable expectation that the recycled oil may exhibit the hazardous characteristic or contain the hazardous constituent at a level that would cause it to be hazardous waste if the recycled oil were a waste, taking into consideration at least all of the following factors: (i) The conditions included in the facility’s permit limiting the wastes that may be accepted at the facility and the conditions requiring testing of the wastes accepted at the facility. (ii) The types of wastes that historically have been accepted by the facility or similar facilities and the types of wastes that the facility can reasonably be expected to accept in the future, including any new products or constituents. (iii) Previous test results of recycled oil produced by the facility indicating the presence, or lack of the presence, of the constituent or characteristic at a level that would cause it to be hazardous waste if the recycled oil were a waste. (iv) The treatment technologies and methods authorized in the facility’s permit for production of the recycled oil and the extent to which those treatment technologies and methods remove or reduce the constituents or characteristics from the wastes accepted by the facility. (B) The hazardous characteristic or constituent cannot reasonably be expected to be present in products produced from crude oil similar to the recycled oil products produced by the facility at levels that would cause the product produced from crude oil to be a hazardous waste if it were a waste. (3) Records of tests performed pursuant to this subdivision and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department or the Department of Resources Recycling and Recovery. The department shall perform an audit and verification on a periodic basis. The department may charge a reasonable fee for this activity. (b) (1) A generator claiming that used oil is exempted from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall ensure that all used oil for which the exemption is claimed has been tested and certified as being in compliance with the standards specified in paragraph (1) of subdivision (b) of Section 25250.1, prior to transportation from the generator location. A generator lawfully recycling its own oil shall ensure that all recycled oil has been tested and certified as being in compliance with the requirements specified in paragraph (2) of subdivision (b) of Section 25250.1. Records of tests performed and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery. (2) Testing to determine if the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 is met shall not be required for dielectric fluid, derived from highly refined petroleum mineral oil, from oil-filled electrical equipment if the generator of the dielectric fluid has certified based on prior test results that the dielectric fluid from similar equipment subject to similar operating conditions did not exhibit the characteristic of toxicity as set forth in Section 66261.24 of Title 22 of the California Code of Regulations. A certification statement shall accompany each shipment of used oil that the generator claims is exempted. Records of prior tests on which the certification is based shall be maintained with the certification by the generator and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery. (3) (A) Used oil from a generator of highly controlled used oil is required to be tested only once per year for the purpose of determining whether the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1. A generator may use the results of that test and any prior tests of the same kind to certify that the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 and does not exhibit any other characteristic of a hazardous waste pursuant to Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations. A generator shall include a signed certification statement with each shipment of used oil that the generator claims is exempt from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1. The generator shall maintain with the certification statement records of the tests on which the certification is based, which shall be subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery. (B) For purposes of this paragraph, “generator of highly controlled used oil” or “generator” means a generator of used oil for whom all of the following apply: (i) The generator services, repairs, and maintains equipment owned and operated only by the generator. (ii) The generator does not derive revenue from the activities described in clause (i). (iii) The used oil is generated from the generator’s equipment and that equipment is of similar types that are used under similar operating conditions. (iv) The generator does not use or store halogenated solvents, or any products containing halogenated solvents, in the same location at the site at which the used oil is generated or stored. (v) The generator provides a signed certification statement at the time that the generator notifies the department pursuant to subdivision (c) of Section 25250.1 stating that the statements in clauses (i) to (iv), inclusive, are true and that the generator employs management practices that prevent halogenated solvents and polychlorinated biphenyls from coming into contact with, or commingling with, the used oil for which an exemption is claimed pursuant to paragraph (1) of subdivision (b) of Section 25250.1. (c) Used oil recyclers identified in subdivision (a) and generators identified in subdivision (b) shall record in an operating log and retain for three years the information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25250.18 on each shipment of recycled or exempted oil. (d) Operating logs required in subdivision (c) are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery. (e) (1) If oil produced at a used oil recycling facility in this state meets the standards of purity set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1 and is not hazardous due to the presence of a characteristic or constituent for which the department has made a finding required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a), but the oil is hazardous due to the presence of another constituent or characteristic, the facility operator shall not be subject to a penalty pursuant to this chapter for failing to manage the oil as a hazardous waste, unless both of the following apply: (A) While the oil was onsite at the facility, the operator of the facility knew, or reasonably should have known, that the oil failed to meet those criteria. (B) The facility operator failed to take action to manage the oil as a hazardous waste when the oil was determined to be hazardous. (2) The department may exercise its authority, including, but not limited to, the issuance of an order, to a used oil recycling facility pursuant to Section 25187, to ensure that oil subject to this subdivision is managed as a hazardous waste pursuant to this chapter. (Amended by Stats. 2018, Ch. 440, Sec. 1. (AB 2928) Effective January 1, 2019.)
  97. 25250.20.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    A person whose permit or registration was revoked may not apply for a new or renewed permit or registration for one year after revocation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.20. Any person whose permit or registration has been revoked may not apply for a new or renewed permit or registration for a period of one year after the revocation of the permit or registration. (Added by Stats. 1986, Ch. 871, Sec. 1.)
  98. 25250.21.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    A person whose permit or registration has been revoked may not work for a hazardous waste hauler or used oil recycler while the revocation lasts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.21. Any person whose permit or registration has been revoked may not serve in the employ of a hazardous waste hauler or used oil recycler during the period of revocation of the permit or registration. (Added by Stats. 1986, Ch. 871, Sec. 1.)
  99. 25250.22.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Filters with gasoline or diesel residue may be handled under the department’s used-oil-filter rules, unless the department adopts specific standards for those filters.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.22. (a) Notwithstanding any other provision of state law, and to the extent consistent with the federal act, a filter that contains a residue of gasoline or diesel fuel, may be managed in accordance with the requirements in the department’s regulations governing the management of used oil filters, unless the department adopts regulations establishing management standards specific to filters that contain those residues. (b) Management of filters that contain residue of gasoline, and commingled filters that include filters that contain residue of gasoline, shall also meet all of the following requirements: (1) The filters shall be stored in containers that are designed to prevent ignition of the gasoline and that are labeled “used oil and gasoline filters.” (2) For purposes of transportation, the filters shall be packaged, and the package shall be marked and labeled in accordance with the applicable requirements of Parts 172 (commencing with Section 172.1), 173 (commencing with Section 173.1), 178 (commencing with Section 178.1), and 179 (commencing with Section 179.1) of Title 49 of the Code of Federal Regulations. (3) The filters shall be stored and otherwise managed in accordance with applicable state and local fire code regulations. (4) Any gasoline, or used oil commingled with gasoline, that accumulates in containers or other equipment used for filter storage or recycling, and nonmetal filter material removed from filter housing, shall be evaluated pursuant to Section 66262.11 of Title 22 of the California Code of Regulations, to determine its regulatory status under the federal act, and it shall be managed accordingly. (Added by Stats. 2004, Ch. 240, Sec. 1. Effective January 1, 2005.)
  100. 25250.23.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    People who transport used oil must register as hazardous waste haulers and must follow this chapter, unless an exemption applies or the oil is not regulated by 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.23. Any person who transports used oil shall register as a hazardous waste hauler and, unless specifically exempted or unless the used oil is not regulated by the department pursuant to subdivision (b) of Section 25250.1, shall comply with all provisions of this chapter. (Amended by Stats. 2000, Ch. 732, Sec. 5. Effective January 1, 2001.)
  101. 25250.24.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    People who handle used oil must comply with all provisions of the chapter unless an exemption applies or the department does not regulate the used oil under Section 25250.1(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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.24. (a) A person who generates, receives, stores, transfers, transports, treats, or recycles used oil, unless specifically exempted or unless the used oil is not regulated by the department pursuant to subdivision (b) of Section 25250.1, shall comply with all provisions of this chapter. (b) This section shall become operative on January 1, 2022, and used oil subject to the provisions of this chapter shall be included in the calculation of the amount of hazardous waste generated for purposes of the generation and handling fee imposed pursuant to Section 25205.5 for the fees due for the 2022 reporting period and thereafter, including the prepayments due following the reporting period and the fee due and payable following the reporting period. (Repealed (in Sec. 77) and added by Stats. 2021, Ch. 73, Sec. 78. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
  102. 25250.25.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Manufacturers of certain used-oil containers sold to consumers in California must not sell or transfer them unless they meet spill/leak and absorption requirements, and they must print a required warning statement on the container.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.25. (a) Any person who manufactures containers which are produced specifically for the noncommercial storage or transportation of used oil and which are sold in this state to consumers, shall not sell or transfer any of those containers in this state to any person, unless the container meets all of the following requirements: (1) The used oil cannot leak or unintentionally be spilled from the container with normal handling. (2) No part of the container that comes in contact with the used oil can absorb any of the used oil being collected and transported. (3) The following statement shall be printed on a readily visible part of the container in at least 12-point typeface by the manufacturers of the container: “Used oil is classified as a hazardous waste under California law. Used oil must be recycled properly. Placing used oil into household garbage or commercial dumpsters or pouring it into sewers or onto the ground is prohibited by law.” (b) Any person who manufactures containers which are produced specifically for the noncommercial drainage of used oil and which are sold in this state to consumers, shall not sell or transfer any of those containers in this state to any person unless the container meets the requirements of paragraphs (2) and (3) of subdivision (a). (Added by Stats. 1988, Ch. 776, Sec. 1.)
  103. 25250.26.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Generators of used oil who send it to a recycling facility must give the transporter a certification that the oil meets the used-oil definition and has PCB levels below 5 ppm.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.26. (a) Every generator of used oil, other than the owner or operator of a used oil collection center, as defined in Section 48622 of the Public Resources Code, or a household hazardous waste collection facility, as defined in Section 25218.1, that transfers used oil to a recycling facility, shall submit a certification to the transporter that the used oil transferred meets the definition of used oil pursuant to subdivision (a) of Section 25250.1. The certification shall specifically state that the used oil does not contain polychlorinated biphenyls (PCBs) at a concentration of 5 ppm, or greater, in accordance with clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 25250.1. This subdivision shall not be construed to affect the methods that a generator is authorized to use to determine whether its waste constitutes used oil or hazardous waste pursuant to Section 66262.11 of Title 22 of the California Code of Regulations or under any other regulation or provision of law. (b) (1) Any generator that falsely certifies pursuant to subdivision (a) that the used oil transferred to a used oil recycling facility does not contain PCBs at a concentration of 5 ppm or greater shall be liable for damages equal to three times the amount of any costs incurred by any transporter, facility owner or operator, or any other person adversely affected by the false certification, in a civil action that may be brought by the adversely affected party. (2) In an action pursuant to this subdivision against a generator whose used oil was commingled with used oil generated by other generators prior to being delivered to the facility, the plaintiff shall demonstrate, by clear and convincing evidence, that the generator generated used oil containing PCBs at a concentration of 5ppm or greater. (c) For the purposes of this section, the calculation of damages shall include any consequential damages caused by mixing the incorrectly certified PCB-contaminated used oil with other used oil. (d) Nothing in this section shall affect the right of the department or any other enforcement agency to institute an administrative, civil, or criminal action against a generator that has made a false certification. (e) Any plaintiff seeking damages pursuant to this section shall give written notice to the director upon filing an action pursuant to this section. (Added by Stats. 1999, Ch. 745, Sec. 5. Effective January 1, 2000.)
  104. 25250.27.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    A generator is not prohibited from managing and transporting used oil if it complies with federal law and the cited sections and meets those sections’ requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.27. (a) Nothing in this article prohibits a generator from managing and transporting used oil, to the extent consistent with federal law, in accordance with Sections 25110.10, 25121.3, and 25163.3, if the generator meets the requirements specified in Sections 25110.10, 25121.3, and 25163.3. (b) This section does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 2000, Ch. 343, Sec. 16. Effective January 1, 2001.)
  105. 25250.28.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Oil managed by an automated onboard oil management system can be exempt from this article’s requirements and waste classification if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.28. (a) For purposes of this section, “automated onboard oil management system” means a system designed to extend the intervals between necessary oil changes and diminish the use of crankcase oil by electronically sensing changes in the physical properties of the oil in the crankcase and, based on the properties detected, periodically transferring oil directly from the engine crankcase into the fuel tank to be burned as fuel. (b) Notwithstanding any other provision of law, oil that is managed by an automated onboard oil management system is exempt from the requirements of this article and is excluded from classification as a waste under this chapter if all of the following conditions are satisfied: (1) The system is applied to a mining vehicle with a gross vehicle weight capacity in excess of 200,000 pounds or a locomotive, and all of the following conditions are satisfied: (A) Data concerning the air emissions associated with the operation of the system in those classes of equipment is submitted to the State Air Resources Board on or before January 1, 2002, and the data demonstrates that the operation of the system will not significantly impair the state’s air quality. Mitigation measures may be provided to assist in satisfying this condition. (B) The system is designed, maintained, and operated in a manner that does all of the following: (i) The leakage of oil from any of the component parts of the system is prevented. (ii) The quantity of used oil in the fuel tank at any given time is not more than 3 percent of the nominal capacity of the fuel tank. (iii) The system meets the air emission criteria demonstrated by the applicant in the air emissions data submitted to the State Air Resources Board pursuant to subparagraph (A). (C) Any mitigation provided to satisfy the air quality requirement in subparagraph (A) is maintained throughout the period of operation of the system or alternative satisfactory mitigation is provided. (2) The system and the use of the system is approved by the State Air Resources Board, after consultation with the department, and all of the following requirements are satisfied: (A) The State Air Resources Board determines that operation of the system will not significantly impair the state’s air quality. Mitigation measures may be provided to assist in satisfying this requirement. (B) A description of the manner in which the system will be operated to ensure compliance with the federal act and the Clean Air Act, as amended (42 U.S.C. Sec. 7401 et seq.) is submitted with the application for approval of the system pursuant to this paragraph and the system is operated in accordance with that description. (C) The system is designed, maintained, and operated in a manner that prevents the leakage of oil from any of the component parts of the system. (D) The system is designed, maintained, and operated in compliance with any conditions that the State Air Resources Board, after consultation with the department, determines to be necessary to ensure compliance with the requirements of this section. (E) Any mitigation provided to satisfy the air quality requirement in subparagraph (A) is maintained throughout the period of operation of the system or alternative satisfactory mitigation is provided. (c) This section does not exempt any of the following: (1) Oil removed from an engine, other than through the operation of an automated onboard oil management system, from this article or from classification as a waste under this chapter. (2) Emissions or other releases into the environment resulting from the operation of an automated onboard oil management system, from otherwise applicable air emissions standards, or any other applicable law. (3) Oil managed by an automated onboard oil management system on vehicles authorized to be driven on the public highways pursuant to the Vehicle Code. (Added by Stats. 2001, Ch. 605, Sec. 16. Effective October 9, 2001.)
  106. 25250.29.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil must be tested before shipment, with some exceptions, and transporters must keep records and file annual reports for out-of-state shipments.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.29. (a) Except as provided in subdivisions (b) and (g), before a load of used oil is shipped to a transfer facility, recycling facility, or facility located out of the state, the used oil shall be tested and analyzed by a laboratory accredited by the State Department of Public Health pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101, to ensure that the used oil meets all of the following characteristics: (1) A flashpoint above 100 degrees Fahrenheit. (2) A polychlorinated biphenyls (PCB) concentration of less than 5 ppm. (3) A concentration of total halogens of 1000 ppm or less, unless the presumption in subclause (I) of clause (v) of subparagraph (C) of paragraph (1) of subdivision (a) of Section 25250.1 has been rebutted pursuant to subclause (II) of clause (v) of subparagraph (C) of paragraph (1) of subdivision (a) of Section 25250.1. (b) The testing and analysis required pursuant to subdivision (a) shall be accomplished by a registered hazardous waste transporter prior to acceptance at a transfer facility or recycling facility, or shipment out of the state, except the transporter is not required to perform the testing and analysis if the transporter can do any of the following: (1) (A) Demonstrate that testing and analysis has been performed by the generator of the used oil prior to shipment. (B) Subparagraph (A) does not require the generator of the used oil to perform the testing and analysis required by this section. (2) Provide documentation that the testing will be performed by a transfer facility or a recycling facility issued a permit by the department pursuant to this chapter. (3) If shipped to an out-of-state facility, provide documentation certifying that the out-of-state facility receiving the used oil has entered into an agreement with the department that meets the requirements of Section 25250.30. (c) (1) A transporter shall not require a used oil collection center to test tanks or containers that contain only used lubricating oil or oil filters accepted from the public as a condition of accepting the oil for shipment. (2) A transporter shall not require a generator to test used oil as a condition of accepting that used oil for shipment. (3) This subdivision does not alter a generator’s responsibility to comply with regulations adopted by the department that govern the operation of a generator, and a transporter shall not be required to transport untested used oil. (d) This section does not affect or limit a testing requirement that the department may impose on a used oil transfer facility or used oil recycling facility as a condition of a permit issued by the department, including, but not limited to, a test required pursuant to a facility’s waste analysis plan. (e) The person performing a test required by subdivision (a) shall maintain records of tests performed for used oil for at least three years and is subject to audit and verification by the department. (f) The registered hazardous waste transporter who is listed as the transporter on the manifest used to ship used oil out of state shall submit a report, on or before March 1 of each year, to the department, containing all of the following information for the preceding year: (1) Total volume of used oil shipped out of state. (2) Information pertaining to the out-of-state facility to which the used oil was shipped, including the facility name, facility address, and facility EPA ID number. (3) Any other information that the department may require to ensure that the same data gathered for used oil managed within the state is gathered for used oil shipped out of state. (g) (1) This section does not apply to a load for shipment that consists exclusively of used lubricating oil accepted by a used oil collection center from the public, including, but not limited to, used lubricating oil accepted by a publicly funded certified or uncertified used oil collection center located in a small rural county. (2) This section does not require a generator to test used oil for dielectric oil derived from highly refined mineral oil used in oil filled electrical equipment. Nothing in this section exempts that oil from any testing requirement required by any other law. (3) This section does not prohibit the transportation of used oil to a facility located outside the state, or impose liability other than compliance with the requirements of this section upon, or in another way affect the liability of, a generator whose used oil is transported to a facility located outside the state. (Amended by Stats. 2019, Ch. 133, Sec. 11. (AB 1597) Effective January 1, 2020.)
  107. 25250.3.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Certain contaminated oil products are exempt from this article if they meet the 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.3. Any virgin oil product or partially refined product, which has not been previously used, which has become contaminated with nonhazardous impurities such as dirt or water, and which has been returned to bulk storage by the product’s manufacturer, transporter, or wholesaler for gravity separation of contaminants, is exempt from this article. Any petroleum product which becomes contaminated with any other petroleum product during refining, transportation by pipeline, or storage and which remains usable as a refinery feed stock or as a refinery fuel is exempt from this article. (Added by Stats. 1986, Ch. 871, Sec. 1.)
  108. 25250.30.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    An out-of-state used oil recycling facility may enter a testing and reporting agreement with the department, and the agreement must include equivalent testing/reporting requirements and reimbursement of the department’s reasonable 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.30. A used oil recycling facility located out of state that is registered or certified in accordance with Section 48662 of the Public Resources Code may enter into a testing and reporting agreement with the department. The agreement shall include a requirement on the out-of-state used oil recycling facility that is equivalent to the current testing and testing-related reporting requirements of a used oil recycling facility permit. As part of the agreement, the out-of-state used oil recycling facility shall agree to reimburse the department’s full reasonable costs associated with the agreement, including any inspections the department deems necessary to ensure compliance with this provision. (Added by Stats. 2009, Ch. 353, Sec. 2. (SB 546) Effective January 1, 2010.)
  109. 25250.4.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil must be managed as hazardous waste unless a stated exclusion or recycling 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.4. (a) Used oil shall be managed as a hazardous waste in accordance with the requirements of this chapter, unless one of the following applies: (1) The used oil is excluded from regulation as hazardous waste pursuant to Section 25143.2, and is not subject to regulation as hazardous waste under the federal act. (2) The used oil has been shown by the generator to meet the requirements of paragraph (1) of subdivision (b) of Section 25250.1 or the used oil is recycled oil and meets the requirements of paragraph (2) of subdivision (b) of Section 25250.1. (b) This section does not apply to dielectric fluid removed from oil-filled electrical equipment that is filtered and replaced, onsite, at a restricted access electrical equipment area, or that is removed and filtered at a maintenance facility for reuse in electrical equipment and is managed in accordance with the applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. (c) For the purposes of this section: (1) “Oil-filled electrical equipment” includes, but is not limited to, transformers, circuit breakers, and capacitators. (2) “Restricted access electrical equipment area” means a fenced-off or walled-off restricted access area that is covered by a spill prevention control and countermeasure plan prepared in accordance with Part 112 of Title 40 of the Code of Federal Regulations and that is used in the transmission or distribution of electrical power, or both. (d) For the purposes of subdivision (b), “filtered” means the use of filters assisted by the application of heat and suction to remove impurities, including, but not limited to, water, particulates, and trace amounts of dissolved gases, by equipment mounted upon or above an impervious surface. (e) Nothing in this section affects the authority of the department or a certified unified program agency in the event of a spill. (Amended by Stats. 2000, Ch. 732, Sec. 2.5. Effective January 1, 2001.)
  110. 25250.5.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil disposal by discharge, burning, land deposit, or certain environmental releases is prohibited 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.5. (a) The disposal of used oil by discharge to sewers, drainage systems, surface water or groundwater, watercourses, or marine waters; by incineration or burning as fuel; or by deposit on land, is prohibited, unless authorized under other provisions of law. (b) The use of used oil or recycled oil as a dust suppressant or insect or weed control agent is prohibited unless allowed under another applicable law, but only to the extent that use as a dust suppressant or insect or weed control agent is consistent with the federal act. (Amended by Stats. 1994, Ch. 1154, Sec. 4. Effective January 1, 1995.)
  111. 25250.50.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    This section defines terms used in the article and requires people being considered for advisory committee appointment to disclose certain financial interests before appointment or nomination.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.50. For purposes of this article, the following definitions shall apply: (a) (1) “Advisory committee” means a committee of nine members appointed by the secretary on or before January 1, 2019, to consider and recommend approval or denial of an application for an extension of the requirements imposed pursuant to Section 25250.53. (2) A person considered for appointment to the advisory committee shall disclose any financial interests the person may have in any aspect of the vehicle or vehicle parts manufacturing industry prior to appointment by the secretary or, in the case of subparagraph (C) of paragraph (3), prior to nomination. (3) The advisory committee shall be composed of the following members: (A) (i) One-third of the members shall be representatives of the manufacturers of brake friction materials and motor vehicles, to be appointed by the secretary in consultation with the chair of the board and the director of the department. (ii) If the application for an extension of the requirements imposed pursuant to Section 25250.53 pertains solely to brake friction materials to be used on heavy-duty motor vehicles, the members appointed pursuant to this subparagraph shall represent the manufacturers of heavy-duty brake friction materials and heavy-duty motor vehicles. (B) One-third of the members shall be representatives of municipal storm water quality agencies and nongovernmental environmental organizations, to be appointed by the secretary in consultation with the chair of the board and the director of the department. (C) One-third of the members shall be experts in vehicle and braking safety, economics, and other relevant technical areas, to be appointed by the secretary, upon nomination by a majority of the members specified in subparagraph (A) concurrently with a majority of the members specified in subparagraph (B). (4) For purposes of this subdivision, a “financial interest” shall have the same meaning as a financial interest described in Section 87103 of the Government Code, except only with regard to business entities, real property, or sources of income that are related to the vehicle or vehicle parts manufacturing industry. (b) “Board” means the State Water Resources Control Board. (c) “Department” means the Department of Toxic Substances Control. (d) “Heavy-duty motor vehicle” means a motor vehicle of over 26,000 pounds gross weight. (e) (1) “Manufacturer,” except where otherwise specified, means both of the following: (A) A manufacturer or assembler of motor vehicles or motor vehicle equipment. (B) An importer of motor vehicles or motor vehicle equipment for resale. (2) A manufacturer includes a vehicle brake friction materials manufacturer. (f) “Motor vehicle” and “vehicle” have the same meaning as the definition of “vehicle” in Section 670 of the Vehicle Code. (g) “Testing certification agency” means a third-party testing certification agency that is utilized by a vehicle brake friction materials manufacturer and that has an accredited laboratory program that provides testing in accordance with the certification agency requirements that are approved by the department. (Amended by Stats. 2011, Ch. 296, Sec. 156. (AB 1023) Effective January 1, 2012.)
  112. 25250.51.

    ## 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 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    Motor vehicle brake friction materials above listed metal/fiber limits may not be sold in this state, with limited sales allowances for inventory depletion and certain dealer-held installed parts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.51. (a) On and after January 1, 2014, any motor vehicle brake friction materials containing any of the following constituents in an amount that exceeds the following concentrations shall not be sold in this state: (1) Cadmium and its compounds: 0.01 percent by weight. (2) Chromium (VI)-salts: 0.1 percent by weight. (3) Lead and its compounds: 0.1 percent by weight. (4) Mercury and its compounds: 0.1 percent by weight. (5) Asbestiform fibers: 0.1 percent by weight. (b) Motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials may continue to sell or offer for sale brake friction materials not certified as compliant with subdivision (a) solely for the purpose of depletion of inventories until December 31, 2023. (c) Notwithstanding subdivision (b), motor vehicle dealers may continue to sell or offer for sale brake friction material not certified as compliant with subdivision (a) if the brake friction material was installed on a vehicle before the vehicle was acquired by the dealer. (Amended by Stats. 2013, Ch. 392, Sec. 1. (AB 501) Effective January 1, 2014.)
  113. 25250.52.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    Motor vehicle brake friction materials with more than 5% copper by weight may not be sold in this state, starting January 1, 2021, unless another part of the article allows it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.52. On and after January 1, 2021, any motor vehicle brake friction materials exceeding 5 percent copper by weight shall not be sold in this state, except as otherwise provided in this article. (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011.)
  114. 25250.53.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    From January 1, 2025, brake friction materials with more than 0.5% copper by weight may not be sold in this state, unless another part of the article allows it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.53. On and after January 1, 2025, any motor vehicle brake friction materials exceeding 0.5 percent copper by weight shall not be sold in this state, except as otherwise provided in this article. (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011.)
  115. 25250.54.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    Manufacturers may seek limited extensions of the January 1, 2025 deadline, and the department, advisory committee, and secretary must follow a set review process with deadlines, public notice, comment, and decision steps.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.54. (a) (1) On and after January 1, 2019, a manufacturer may apply to the department for a one-year, two-year, or three-year extension of the January 1, 2025, deadline established in Section 25250.53, except as provided in subdivision (h). (2) An extension application submitted pursuant to this section shall be submitted based on vehicle model, class, platform, or other vehicle-based category, and not on the basis of the brake friction material formulation. (3) The application shall be accompanied by documentation that will allow the advisory committee to make a recommendation pursuant to subdivisions (e) and (f). (4) The documentation shall include a scientifically sound quantitative estimate of the quantity of copper that would be emitted if the extension is granted, including a description of the assumptions used in arriving at that estimate. (b) No more than 30 days after receipt of an application for an extension pursuant to subdivision (a), the department shall do all of the following: (1) Post a notice of receipt on the department’s internet website that includes the vehicle model, class, platform, or other vehicle-based category, whether the brake friction material is intended for use in original equipment or replacement parts, and the quantity of copper that would be emitted if the extension is granted. (2) Consult with the board and the State Air Resources Board. (3) Solicit comment from the public and from scientific and vehicle engineering experts on the availability of generally affordable compliant brake friction materials, their safety and performance characteristics, and the feasibility of brake pad copper emissions reduction through means other than friction material reformulation. (c) (1) In consultation with the board, the department shall determine if sufficient documentation has been presented upon which to base a decision. If the department determines that further documentation is needed, it shall deliver a detailed request for further documentation to the applicant. (2) Not later than 30 days after receipt of the application for an extension pursuant to subdivision (a), the department shall forward the application to the advisory committee for the purpose of the advisory committee making a recommendation pursuant to subdivisions (e) and (f). (d) (1) In considering any application for an extension, the advisory committee shall consider all of the documentation supplied by the applicant pursuant to subdivision (a). (2) The advisory committee may request, no later than 75 days after receipt of the application from the department pursuant to subdivision (c), further documentation from the applicant. (3) The advisory committee shall hold at least one public hearing at which it shall accept and consider comments from the public on each category of application. The advisory committee meetings shall be open to the public and are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (e) (1) The advisory committee shall recommend to the secretary that the extension be approved if the advisory committee determines that there are no brake friction materials that are safe and available for individual or multiple vehicle models, classes, platforms, or other vehicle-based categories identified in the application. (2) The advisory committee shall recommend to the secretary that the extension not be approved if the advisory committee determines that alternative brake friction materials are safe and available for individual or multiple vehicle models, classes, platforms, or other vehicle-based categories identified in the application. (3) For purposes of this section, “safe and available” shall mean all of the following: (A) The brake system for which the alternative brake friction material is manufactured meets applicable federal safety standards, or if no federal standard exists, a widely accepted safety standard. (B) Acceptable alternative brake friction materials are commercially available for the individual or multiple vehicles, classes, platforms, or vehicle-based categories identified in the application. (C) Adequate industry testing and production capacity exists to supply the alternative brake friction materials for use on the individual or multiple vehicles, classes, platforms, or vehicle-based categories identified in the application. (D) The alternative brake friction material is technically feasible for use on the individual or multiple vehicles, classes, platforms, or vehicle-based categories identified in the application. (E) The alternative brake friction materials meet customer performance expectations, including noise, wear, vibration, and durability for the individual or multiple vehicles, classes, platforms, or vehicle-based categories identified in the application. (F) The alternative acceptable brake friction material is economically feasible with respect to the industry and the cost to the consumer for the individual or multiple vehicles, classes, platforms, or vehicle-based categories identified in the application. (4) The advisory committee shall provide relevant data to the department and the board concerning the potential impacts of the extension on California watersheds for purposes of the report required pursuant to Section 25250.65. (f) (1) No sooner than 60 days and no later than 120 days after the department solicits comments pursuant to paragraph (3) of subdivision (b), the advisory committee shall make a recommendation to the secretary in accordance with subdivisions (d) and (e) as to whether the application for extension should be approved or not approved. (2) The recommendation of the advisory committee that the secretary approve or not approve the application for extension shall be accompanied by documentation of the basis for the recommendation. (g) (1) The secretary shall make available the recommendation of the advisory committee and the accompanying documentation for public review and comment for 60 days following receipt of the recommendation from the advisory committee. (2) The secretary shall consider public comments on the advisory committee’s recommendation and issue a final decision on the application for extension no later than 45 days after the conclusion of the 60-day comment period. (3) In making the determination whether to approve or disapprove the extension, the secretary shall rely upon the recommendations made by the advisory committee pursuant to subdivision (f). (4) If the secretary does not follow the recommendation of the advisory committee made pursuant to subdivision (f), the secretary shall explain in writing the basis of the secretary’s decision. (h) (1) On or before December 31, 2029, a manufacturer with an approved extension of the January 1, 2025, deadline established in Section 25250.53, may reapply to the department for additional two-year extensions from the deadline in accordance with a schedule that may be established by the department. (2) Except as provided in subdivision (i), a manufacturer may not apply on or after January 1, 2030, for an extension of the January 1, 2025, deadline established in Section 25250.53. (3) The department shall comply with all of the requirements of this section when granting an additional extension of the January 1, 2025, deadline pursuant to this subdivision. (i) (1) On and after January 1, 2030, a manufacturer of vehicle brake friction materials to be used on heavy-duty vehicles with an approved extension of the January 1, 2025, deadline established in Section 25250.53, may reapply to the department for additional two-year extensions from the deadline established in Section 25250.53, that results in an extension of that deadline to a date on and after January 1, 2032. (2) The department shall comply with all of the requirements of this section when granting an additional extension of the January 1, 2025, deadline pursuant to this subdivision. (j) The department shall assess a fee for each application for an extension sufficient to cover actual costs incurred in implementing this section. The department may expend the fees collected pursuant to this subdivision, upon appropriation by the Legislature, for reimbursement for the costs incurred in implementing this section. (k) When granting an extension pursuant to this section, the department, board, advisory committee, and secretary shall comply with the requirements of Article 5 (commencing with Section 78480) of Chapter 3 of Part 2 of Division 45, to ensure the protection of trade secrets, as defined in Section 78480. (Amended by Stats. 2022, Ch. 258, Sec. 68. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  116. 25250.55.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    This section exempts several types of vehicles and brake systems from the article’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.55. Brake friction materials for the following motor vehicle classes are exempt from this article: (a) Military tactical support vehicles. (b) Vehicles employing internal closed oil immersed brakes, or a similar brake system that is fully contained and emits no copper, other debris, or fluids under normal operating conditions. (c) Brakes designed for the primary purpose of holding the vehicle stationary and not designed to be used while the vehicle is in motion. (d) Motorcycles. (e) Motor vehicles subject to voluntary or mandatory recalls of brake friction materials or systems due to safety concerns. This exemption shall expire upon the lifting of the recall and provision of new brake friction materials that comply with this article. (f) Motor vehicles manufactured by small volume manufacturers, as defined in Section 1900 of Title 13 of the California Code of Regulations. (g) Vehicles manufactured prior to January 1, 2021, and brake friction materials for use on vehicles manufactured prior to January 1, 2021, from the requirements of Section 25250.52. (h) Vehicles manufactured prior to January 1, 2025, and brake friction materials for use on vehicles manufactured prior to January 1, 2025, from the requirements of Section 25250.53. (i) Vehicles for which an extension from the requirements of Section 25250.53 was approved pursuant to Section 25250.54. (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011.)
  117. 25250.56.

    ## 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 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    Manufacturers of vehicle brake friction materials must screen copper alternatives, consider life-cycle environmental impacts, use the screening or an open source assessment to choose lower-hazard alternatives, and provide a summary 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 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.56. (a) In developing new formulations to comply with Sections 25250.52 and 25250.53, a manufacturer of vehicle brake friction materials shall screen potential alternatives to the use of copper by using the Toxics Information Clearinghouse developed by the department and the Office of Environmental Health Hazard Assessment pursuant to Section 25256, for the purpose of identifying potential impacts of these potential alternatives on public health and the environment. (b) In conducting the screening analysis required by subdivision (a), a manufacturer of vehicle brake friction materials shall, using information available to the manufacturer at the time of the analysis, including information from the department and other sources, consider the environmental fate of brake friction materials and their emissions through all phases of the brake friction material life cycle. (c) A manufacturer of vehicle brake friction materials shall use the screening analysis required by subdivision (a) or an open source alternatives assessment to select alternatives to copper that pose less of a potential hazard to public health and the environment. (d) Upon request by the department, a manufacturer of vehicle brake friction materials or importer of record shall provide a summary demonstrating how the screening analysis conducted pursuant to this section or an open source alternatives assessment is used to inform the selection of alternatives to copper that pose less of a potential hazard to public health and the environment, as required by subdivision (c). (Amended by Stats. 2011, Ch. 296, Sec. 158. (AB 1023) Effective January 1, 2012.)
  118. 25250.60.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    This section requires brake friction materials for new motor vehicles sold in the state to meet specified compliance sections, requires manufacturers to certify and mark proof of certification, and requires filing certifications with a testing certification agency before sale.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.60. (a) The department shall consult with the brake friction materials manufacturing industry in the development of all criteria for testing and marking brake friction materials and adopting certification procedures for brake friction materials, as required pursuant to this article. The mark of proof of certification on brake friction materials shall identify the brake friction material manufacturer, be easily applied, be easily legible, and not impose unreasonable additional costs on manufacturers due to the use of additional equipment or other factors. (b) On and after January 1, 2014, any new motor vehicle offered for sale in the state shall be equipped with brake friction materials that comply with of Section 25250.51. (c) (1) On and after January 1, 2014, a manufacturer of vehicle brake friction materials used in brakes on new motor vehicles or as replacement parts that are sold in the state shall certify compliance declaring that its formulation for brake friction materials complies with Section 25250.51. (2) A vehicle brake friction material manufacturer shall mark proof of certification pursuant to this subdivision on all brake friction materials. (d) On and after January 1, 2021, any new motor vehicle offered for sale in the state shall be equipped with brake friction materials that comply with Section 25250.52. (e) (1) On and after January 1, 2021, a manufacturer of vehicle brake friction materials used in brakes on new motor vehicles or as replacement parts for those vehicles that are sold in the state shall certify compliance declaring that its formulation for brake friction materials complies with Section 25250.52. (2) A vehicle brake friction material manufacturer shall mark proof of certification with this subdivision on all brake friction materials. (f) On and after January 1, 2025, any new motor vehicle offered for sale in the state shall be equipped with brake friction materials that comply with Section 25250.53. (g) (1) On and after January 1, 2025, a manufacturer of vehicle brake friction materials used in brakes on new motor vehicles or as replacement parts for those vehicles that are sold in the state shall certify compliance declaring that its formulation for brake friction materials complies with Section 25250.53. (2) A vehicle brake friction material manufacturer shall mark proof of certification with this subdivision on all brake friction materials. (h) Prior to offering brake friction materials for sale in this state, a manufacturer of vehicle brake friction materials shall file a copy of the certification for each of its brake friction materials formulations with a testing certification agency. Each certification shall be made available within a reasonable period of time on the testing certification agency’s Internet Web site at no cost to the department and to the public, and shall serve as official registration of certification for compliance with this section. (i) A manufacturer of vehicle brake friction materials may obtain from a testing certification agency a certification of compliance with the requirements of Section 25250.51, 25250.52, or 25250.53 at any time prior to the dates specified in those sections. (j) The certification and mark of proof required pursuant to this section shall show a consistent date format, designation, and labeling to facilitate acceptance in all 50 states and United States territories for purposes of demonstrating compliance with all applicable requirements. (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011.)
  119. 25250.62.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    The department enforces this article, can remove noncompliant brake friction materials from sale, and may fine violators up to $10,000 per 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 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.62. (a) A violation of this article by a vehicle manufacturer, a vehicle brake friction materials manufacturer, a distributor, or a retailer, shall be subject to a civil fine of up to ten thousand dollars ($10,000) per violation. (b) The department shall enforce this article. The department shall remove from sale in this state any replacement brake friction materials determined to be not in compliance with this article. (c) If the department determines that a distributor, wholesaler, or retailer of replacement brake friction materials has been offering noncompliant brake friction materials for sale in the state, it shall allow the distributor, wholesaler, or retailer of replacement brake friction materials to establish that it obtained the noncompliant brake friction materials in good faith and after exercising due diligence in verifying that the material complied with this article prior to assessing fines and penalties pursuant to subdivision (a). (d) In determining the amount of the civil fine to be assessed for a violation of this article, the department shall consider the particular circumstances of the violation, including, but not limited to, the amount of noncompliant brake friction material offered for sale in California and whether previous violations have occurred. (e) The department may waive the imposition of a fine and issue a letter of warning if it determines, based on criteria, including, but not limited to, the amount of brake friction material offered for sale, the presence or absence of prior violations, and whether due diligence was exercised in determining that the brake friction materials offered for sale complied with this article, and that the violation of this article does not merit the imposition of a fine. (f) A distributor, wholesaler, or retailer found by the department to have offered for sale noncompliant replacement brake materials shall cooperate with the department in the removal of the noncompliant brake friction materials from sale, inform the department of measures being implemented to avoid repeat violations, and provide the department with information that will assist in the identification and location of the source or sources of the noncompliant brake friction materials. (g) In enforcing this article, the department shall not recall automobiles fitted with brake friction materials that do not comply with this article. (h) A motor vehicle manufacturer that violates this article shall notify the registered owner of the vehicle within six months of knowledge of the violation and shall replace, at no cost to the owner, the noncompliant brake friction material with brake friction material that complies with this article. A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles within six months of knowledge of the violation is subject to fines and penalties authorized pursuant to subdivision (a). (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011.)
  120. 25250.64.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    A special fund is created, and the department must put collected fines and penalties into it; the money can be spent only after legislative appropriation 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 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.64. (a) The Brake Friction Materials Water Pollution Fund is hereby established in the State Treasury. Notwithstanding Section 25192, all fines and penalties collected by the department pursuant to this article shall be deposited in the fund. (b) The moneys in the fund shall be expended, upon appropriation by the Legislature in the annual Budget Act, solely for the full implementation of this article by the department. (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011.)
  121. 25250.65.

    ## 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 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. )

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    The department and the board must submit a report to the Governor and the Legislature by January 1, 2023 about vehicle brake copper reduction efforts and progress toward copper TMDL allocations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13.5. Motor Vehicle Brake Friction Materials [25250.50 - 25250.65] ( Article 13.5 added by Stats. 2010, Ch. 307, Sec. 2. ) ## 25250.65. (a) On or before January 1, 2023, the department and the board shall submit to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, a report on the implementation of vehicle brake copper reduction efforts and the progress of this article toward meeting the copper total maximum daily load (TMDL) allocations in the state. The report shall make recommendations on actions necessary to address any deficiencies in meeting these copper TMDL allocations, including, but not limited to: (1) Imposing additional restrictions on the extensions granted to manufacturers pursuant to Section 25250.54. (2) Imposing additional restrictions on the exemptions from this article provided by Section 25250.55. (3) Allowances for permitting a manufacturer to sell existing inventory, if the additional restrictions described in paragraphs (1) and (2) are implemented. (b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027. (Added by Stats. 2010, Ch. 307, Sec. 2. (SB 346) Effective January 1, 2011. Repealed as of January 1, 2027, by its own provisions.)
  122. 25250.7.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil generally must not be intentionally contaminated with other hazardous waste, except for minimal vehicle fuel and the specific mixing allowances in subdivisions (b) and (c).

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.7. (a) Except as provided in subdivision (b) or (c), no person who generates, stores, or transfers used oil shall intentionally contaminate used oil with other hazardous waste other than minimal amounts of vehicle fuel. (b) A used oil transfer or recycling facility authorized by the department pursuant to Section 25200, 25200.5, or 25201.6 may mix used oil with a contaminated petroleum product or with an oily waste other than wastes listed as hazardous under the federal act, if all of the following conditions are met: (1) If the resultant mixture is subject to regulation as a hazardous waste under paragraph (2) of subsection (b) of Section 279.10 of Title 40 of the Code of Federal Regulations, it is managed as a hazardous waste in accordance with all applicable hazardous waste regulations. (2) The resultant mixture is used to produce recycled oil, as defined in paragraph (3) of subdivision (a) of Section 25250.1, at a used oil recycling facility solely by means of a process that has been specifically authorized by the department to treat these mixtures. (3) The mixing of the used oil with a contaminated petroleum product or an oily waste is specifically authorized in the facility’s permit. (c) A generator or transporter may mix used oil with one or more contaminated petroleum products if the mixture is managed in accordance with Section 25143.2 or if all of the following conditions apply: (1) If the resultant mixture is subject to regulation as a hazardous waste under paragraph (2) of subsection (b) of Section 279.10 of Title 40 of the Code of Federal Regulations, it is managed as a hazardous waste in accordance with all applicable hazardous waste regulations. (2) (A) Except as provided in subparagraph (B), the resultant mixture is transported to a used oil recycling facility that issues a statement, in writing, to the generator or transporter that the mixture will be used to produce recycled oil, as defined in paragraph (3) of subdivision (a) of Section 25250.1, at a facility authorized to operate pursuant to Section 25200 or 25200.5 solely by means of a process that has been specifically authorized by the department to treat these mixtures. (B) If the resultant mixture is transported to a used oil recycling facility located in another state, that facility is authorized by the agency authorized to implement the federal act in that state. (3) The mixing is not conducted in a manner that violates subparagraph (C) of paragraph (3) of subdivision (a) of Section 25250.1. (4) The transporter tests the halogen content of the used oil to demonstrate compliance with clause (vi) of subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1 before mixing the used oil with the contaminated petroleum product. (Amended by Stats. 2003, Ch. 362, Sec. 5. Effective January 1, 2004.)
  123. 25250.9.

    ## 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 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )

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    Used oil transporters must give generators a written notice, usually at least once a year, and keep compliance records.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 13. Management of Used Oil [25250 - 25250.30] ( Article 13 added by Stats. 1986, Ch. 871, Sec. 1. ) ## 25250.9. (a) (1) Except as provided in subdivision (b), a hazardous waste transporter who transports used oil shall provide a written notification in the form below to each generator from whom the transporter receives used oil: IMPORTANT NOTICE REGARDING THE DISPOSITION OF YOUR USED OIL PLEASE SIGN AFTER READING _________________ (used oil transporter) hereby advises ___________ (used oil generator) that ____________ (generator’s) shipment of used oil may be transported to a facility that is required to comply with federal regulations applicable to management of used oil, but that is not required to comply with the more stringent requirements applicable to hazardous waste management facilities. California facilities that handle or process used oil are required to meet those more stringent requirements, and some out-of-state facilities that process used oil also meet those requirements. These include more stringent leak detection and prevention requirements, engineering certifications of tank integrity, and financial assurances for closure and accidental releases. It is lawful to send used oil to out-of-state facilities that comply only with federal used oil management standards and not these more stringent requirements. This notification is for information purposes only. ________________________ (signed, Transporter) Date: ______ ________________________ (signed, Generator) Date: ______ (2) A hazardous waste transporter shall provide the notice required pursuant to paragraph (1) at least once each year, except if the notice is provided pursuant to subdivision (g). (b) A transporter is not required to provide a generator with the notification specified in subdivision (a) if either of the following apply: (1) The generator from whom the transporter receives used oil specifically designates in writing that the used oil is to be transported to a specified facility and that facility either is authorized by the department to produce used oil into recycled oil or it is operating in accordance with a hazardous waste facilities permit or interim status document issued pursuant to the federal act. (2) The transporter annually certifies to the generator, in writing, that any used oil that the transporter receives from the generator will be transported only to a facility that is authorized by the department to produce used oil into recycled oil or to a facility that is lawfully operating in accordance with a hazardous waste facilities permit or interim status document issued pursuant to the federal act. (c) A transporter may make the certification specified in subdivision (a) even if the used oil the transporter receives from the generator is first transported to a transfer facility, as defined in paragraph (3) of subdivision (a) of Section 25123.3, or a storage facility authorized by the department to store used oil, before the used oil is sent to a facility that is authorized by the department to produce used oil into recycled oil or to a facility that is lawfully operating in accordance with a hazardous waste facilities permit or interim status document issued pursuant to the federal act. (d) Any person who makes a material misrepresentation in the course of implementing the requirements of this section is in violation of this chapter. A transporter that relies in reasonable good faith upon a statement made by a facility to comply with this section is not in violation of this chapter. (e) Each transporter subject to this section shall retain the documents necessary to demonstrate compliance with this section, including, but not limited to, each signed notification form, for as long as the transporter is required to retain the manifest for the used oil to which the documents apply. (f) This section shall not be construed to prohibit the transportation of used oil to any facility located outside the state, or to impose liability upon, or in any way affect the liability of a generator whose used oil is transported to a facility located outside the state in accordance with the requirements of this section. (g) A transporter may place the notification and signature and date block specified in subdivision (a) on the back of the service order the transporter provides to the generator, if the notification language and associated signature and date block specified in subdivision (a) is the only wording appearing on that side of the service order and the transporter and generator sign the signature and date block each time the generator receives a service order. (Amended by Stats. 2003, Ch. 362, Sec. 6. Effective January 1, 2004.)
  124. 25251.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    This section defines several terms used in the article, including chemical manufacturer, consumer product, council, office, panel, and product manufacturer.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25251. For purposes of this article, the following definitions apply: (a) “Chemical manufacturer” means a person who manufactures a chemical or chemical ingredient that is used in a consumer product. (b) “Consumer product” means a product or part of the product that is used, brought, or leased for use by a person for any purposes. “Consumer product” does not include any of the following: (1) A dangerous drug or dangerous device as defined in Section 4022 of the Business of Professions Code. (2) Dental restorative materials as defined in subdivision (b) of Section 1648.20 of the Business and Professions Code. (3) A device as defined in Section 4023 of the Business of Professions Code. (4) A food as defined in subdivision (a) of Section 109935. (5) The packaging associated with any of the items specified in paragraph (1), (2), or (3). (6) A pesticide as defined in Section 12753 of the Food and Agricultural Code or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (c) “Council” means the California Environmental Policy Council established pursuant to subdivision (b) of Section 71017 of the Public Resources Code. (d) “Office” means the Office of Environmental Health Hazard Assessment. (e) “Panel” means the Green Ribbon Science Panel established pursuant to Section 25254. (f) “Product manufacturer” means a person who manufactures a consumer product or a person who controls the manufacturing process for, or specifies the use of a chemical to be included in, a consumer product. (Amended by Stats. 2022, Ch. 701, Sec. 1. (SB 502) Effective January 1, 2023.)
  125. 25252.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must adopt regulations to create a process for identifying and prioritizing chemicals of concern in consumer products.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25252. (a) On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies 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. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations: (1) The volume of the chemical in commerce in this state. (2) The potential for exposure to the chemical in a consumer product. (3) Potential effects on sensitive subpopulations, including infants and children. (b) (1) In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256. (2) In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the state’s economy. (3) Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2). (Amended by Stats. 2022, Ch. 701, Sec. 2. (SB 502) Effective January 1, 2023.)
  126. 25252.5.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must prepare and submit a multimedia life cycle evaluation when adopting certain regulations, unless the council conclusively finds no significant adverse impact.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25252.5. (a) Except as provided in subdivision (f), the department, in adopting the regulations pursuant to Sections 25252 and 25253, shall prepare a multimedia life cycle evaluation conducted by affected agencies and coordinated by the department, and shall submit the regulations and the multimedia life cycle evaluation to the council for review. (b) The multimedia evaluation shall be based on the best available scientific data, written comments submitted by interested persons, and information collected by the department in preparation for adopting the regulations, and shall address, but is not limited to, the impacts associated with all the following: (1) Emissions of air pollutants, including ozone forming compounds, particulate matter, toxic air contaminants, and greenhouse gases. (2) Contamination of surface water, groundwater, and soil. (3) Disposal or use of the byproducts and waste materials. (4) Worker safety and impacts to public health. (5) Other anticipated impacts to the environment. (c) The council shall complete its review of the multimedia evaluation within 90 calendar days following notice from the department that it intends to adopt regulations. If the council determines that the proposed regulations will cause a significant adverse impact on the public health or the environment, or that alternatives exist that would be less adverse, the council shall recommend alternative measures that the department or other state agencies may take to reduce the adverse impact on public health or the environment. The council shall make all information relating to its review available to the public. (d) Within 60 days of receiving notification from the council of a determination of significant adverse impact, the department shall adopt revisions to the proposed regulation to avoid or reduce the adverse impact, or the affected agencies shall take appropriate action that will, to the extent feasible, mitigate the adverse impact so that, on balance, there is no significant adverse impact on public health or the environment. (e) In coordinating a multimedia evaluation pursuant to subdivision (a), the department shall consult with other boards and departments within the California Environmental Protection Agency, the State Department of Public Health, the State and Consumer Services Agency, the Department of Homeland Security, the Department of Industrial Relations, and other state agencies with responsibility for, or expertise regarding, impacts that could result from the production, use, or disposal of consumer products and the ingredients they may contain. (f) Notwithstanding subdivision (a), the department may adopt regulations pursuant to Sections 25252 and 25253 without subjecting the proposed regulation to a multimedia evaluation if the council, following an initial evaluation of the proposed regulation, conclusively determines that the regulation will not have any significant adverse impact on public health or the environment. (g) For the purposes of this section, “multimedia life cycle evaluation” means the identification and evaluation of a significant adverse impact on public health or the environment, including air, water, or soil, that may result from the production, use, or disposal of a consumer product or consumer product ingredient. (Added by Stats. 2008, Ch. 559, Sec. 2. Effective January 1, 2009.)
  127. 25253.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must adopt regulations for evaluating chemicals of concern in consumer products and their alternatives, using public workshops, consultation, and public comment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25253. (a) (1) On or before January 1, 2011, the department shall adopt regulations pursuant to this section that establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with all appropriate state agencies 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 a process that includes an evaluation of the availability of potential alternatives and potential hazards posed by those alternatives, as well as an evaluation of critical exposure pathways. This process shall include life cycle assessment tools that take into consideration, but shall not be limited to, all of the following: (A) Product function or performance. (B) Useful life. (C) Materials and resource consumption. (D) Water conservation. (E) Water quality impacts. (F) Air emissions. (G) Production, in-use, and transportation energy inputs. (H) Energy efficiency. (I) Greenhouse gas emissions. (J) Waste and end-of-life disposal. (K) Public health impacts, including potential impacts to sensitive subpopulations, including infants and children. (L) Environmental impacts. (M) Economic impacts. (b) The regulations adopted pursuant to this section shall specify the range of regulatory responses that the department may take following the completion of the alternatives analysis, including, but not limited to, any of the following actions: (1) Not requiring any action. (2) Imposing requirements to provide additional information needed to assess a chemical of concern and its potential alternatives. (3) Imposing requirements on the labeling or other type of consumer product information. (4) Imposing a restriction on the use of the chemical of concern in the consumer product. (5) Prohibiting the use of the chemical of concern in the consumer product. (6) Imposing requirements that control access to or limit exposure to the chemical of concern in the consumer product. (7) Imposing requirements for the manufacturer to manage the product at the end of its useful life, including recycling or responsible disposal of the consumer product. (8) Imposing a requirement to fund green chemistry challenge grants where no feasible safer alternative exists. (9) Any other outcome the department determines accomplishes the requirements of this article. (c) The department, in developing the processes and regulations pursuant to this section, shall ensure that the tools available are in a form that allows for ease of use and transparency of application. The department shall also make every feasible effort to devise simplified and accessible tools that consumer product manufacturers, consumer product distributors, product retailers, and consumers can use to make consumer product manufacturing, sales, and purchase decisions. (d) (1) In lieu of requiring an analysis of alternatives, as specified in subdivisions (a) and (b), the department may instead rely on all or part of one or more applicable publicly available studies or evaluations of alternatives to the chemical of concern under consideration in a consumer product, in existence at the time of consideration, and may proceed directly to a regulatory response. (2) Any study or evaluation that the department proposes to rely on pursuant to this subdivision shall satisfy one of the reliability criteria in paragraphs (1) to (3), inclusive, of subparagraph (A) of paragraph (57) of subdivision (a) of, and also meet the requirements of subparagraph (B) of paragraph (57) of subdivision (a) of, Section 69501.1 of Title 22 of the California Code of Regulations. (3) The department shall provide public notice and an opportunity for comment from the public, including responsible entities, on the proposal to rely on the studies or evaluations. The proposal may be combined with the proposal to list a chemical-product combination as a priority product. (4) The proposal shall address any relevant factors listed in subdivision (c) of Section 69506 of Title 22 of the California Code of Regulations, as that section may be amended, that product manufacturers would be required to address as part of the regulatory response. If the department determines that a study or evaluation upon which it is relying pursuant to this subdivision does not address one or more relevant factors, the department may augment the study or evaluation with additional information that addresses the relevant factors as part of the proposal to rely on the studies or evaluations. (5) Following public notice and comment, the department shall make a formal determination of whether the studies or evaluations are applicable and meet the reliability criteria and requirements specified in paragraph (2), and whether all relevant factors have been addressed. The department shall publish a summary of its determination, including whether the department plans to proceed to regulatory responses. If regulatory responses are planned, the summary shall not be judicially reviewable until regulatory responses are finalized. (6) Following a formal determination pursuant to paragraph (5), the department may issue regulatory responses based on the studies or evaluations, after providing public notice and an opportunity for comment from the public, including responsible entities, on the regulatory responses. The department shall respond to all comments it receives. (e) (1) The department shall amend Sections 69504 and 69504.1 of Title 22 of the California Code of Regulations to allow a person to petition the department for a regulatory response pursuant to subdivision (d). (2) The revision of regulations pursuant to paragraph (1) shall be deemed to be a change without regulatory effect. (f) If the department provides public notice of a proposed regulation pursuant to this article and an opportunity to comment prior to the adoption of the regulation, the dispute resolution procedures specified in Sections 69507.1 and 69507.2 of Title 22 of the California Code of Regulations, as those sections read on January 1, 2021, shall not be available to a person who seeks to dispute the regulation and the requirement to exhaust administrative remedies in subdivision (b) of Section 69507 of Title 22 of the California Code of Regulations does not apply. (Amended by Stats. 2022, Ch. 701, Sec. 3. (SB 502) Effective January 1, 2023.)
  128. 25253.5.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must revise its 2015–17 Priority Product Work Plan to add lead acid batteries for consideration and evaluation as a potential priority product.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25253.5. The department shall revise its 2015–17 Priority Product Work Plan to include lead acid batteries for consideration and evaluation as a potential priority product. (Added by Stats. 2016, Ch. 340, Sec. 23. (SB 839) Effective September 13, 2016.)
  129. 25253.6.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The state’s policy goal is to protect the safety of consumer products sold in California by taking timely administrative and legislative action on consumer products and chemicals of concern.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25253.6. The Legislature hereby declares that it is the policy goal of the state to ensure the safety of consumer products sold in California through timely administrative and legislative action on consumer products and chemicals of concern in those products, particularly those products that may have disproportionate impacts on sensitive populations. (Added by Stats. 2022, Ch. 701, Sec. 4. (SB 502) Effective January 1, 2023.)
  130. 25253.7.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department may request product information, and product manufacturers must provide requested ingredient and use data within the specified response time.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25253.7. (a) (1) The department may issue a formal request for information from product manufacturers. The request shall be accompanied by a brief statement on why the department is requesting the information. A product manufacturer shall provide to the department data and information on the ingredients and use of a consumer product upon the department’s request within the time specified in paragraph (4). The department’s request may include, but is not limited to, all of the following: (A) Information on ingredient chemical identity, concentration, and functional use. (B) Existing information, if any, related to the use of the products by children, pregnant women, or other sensitive populations. (C) Data on state product sales, or national product sales in the absence of state product sales data. (2) (A) If the product manufacturer certifies in writing that it does not have access to information requested pursuant to paragraph (1), in whole or in part, and that it has attempted to, but cannot, obtain that information from one or more suppliers or chemical manufacturers, the product manufacturer shall provide the identity and contact information of those suppliers or chemical manufacturers to the department. (B) To the extent that the product manufacturer satisfies the requirements of subparagraph (A), the product manufacturer shall be considered to be in compliance with the requirement to provide the data and information specified in paragraph (1), with respect to the information that the product manufacturer has attempted to obtain from the supplier or chemical manufacturer, and shall be absolved of liability for violating this section as it pertains to the provision of that information. (C) The department may issue an independent information request to a supplier or chemical manufacturer identified by the product manufacturer pursuant to subparagraph (A) for the unknown information that the product manufacturer certifies it does not have access to, as well as for the identity and contact information of other suppliers or chemical manufacturers, as necessary to access the information requested pursuant to paragraph (1). Upon the department’s request, a supplier or chemical manufacturer shall provide the information requested pursuant to this subparagraph to the department. The supplier or chemical manufacturer shall be considered to be in violation of this section, and is liable for civil penalties pursuant to subdivision (b), to the extent that it fails to comply with an information request, pursuant to subparagraph (A) or (B), in its entirety. (3) The department may seek data and information pursuant to paragraphs (1) and (2) for any product category or subcategory published in a previous Priority Product Work Plan or being considered for inclusion in an upcoming Priority Product Work Plan. (4) The department shall provide 30 days for a response to a request for data or information, unless the department concludes additional time is necessary for the entity to obtain the necessary information. If the department determines that a longer time is required, it shall identify the deadline for response, which shall not exceed 120 days. If the entity is in communication with the department and is working in good faith to fulfill the department’s request, the department may exceed 120 days by granting additional time in an amount not to exceed 60 days. (5) In providing data or information in response to a request from the department, a product manufacturer, chemical manufacturer, or supplier may raise trade secret claims in accordance with Section 25257. (b) (1) A person who violates this section shall be liable for a civil penalty not to exceed fifty thousand dollars ($50,000) for each separate violation or, for continuing violations, for each day that violation continues. Liability under this section may be imposed in a civil action or may be imposed administratively. (2) A penalty collected pursuant to this subdivision shall be deposited in the Toxic Substances Control Account in the General Fund. (3) In imposing an administrative penalty pursuant to this subdivision, the department shall take into consideration the nature, circumstances, extent, and gravity of the violation, the history of previous violations, the violator’s ability to pay the penalty, and the deterrent effect of the penalty. (4) Nothing in this section shall be construed to impose liability for a civil penalty pursuant to paragraph (1) for a violation of this section resulting from another party’s failure to comply with an independent information request issued by the department pursuant to subparagraph (C) of paragraph (2) of subdivision (a). (Added by Stats. 2022, Ch. 701, Sec. 5. (SB 502) Effective January 1, 2023.)
  131. 25253.9.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must include specified information and timelines in each Priority Product Work Plan, starting with the 2024–26 plan, if the Legislature appropriates money for this section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25253.9. Subject to an appropriation by the Legislature for purposes of this section, the department shall include in each Priority Product Work Plan, commencing with the 2024–26 Priority Product Work Plan, in addition to any other information that the department is required to include pursuant to Section 69503.4 of Title 22 of the California Code of Regulations, or any successor regulation, a brief description of all of the following information: (a) Information that the department has at the time the work plan is issued on the chemicals or chemical ingredients that may be chemicals of concern that are contained in consumer products within each product category or subcategory. (b) Any additional ingredient information that is needed for the department to evaluate the safety of those consumer products, including, but not limited to, the information specified in Section 25253.7. (c) Information specifying how the department plans to collect the additional information, if any, described in subdivision (b). (d) (1) Timelines for completion of all of the following with regard to at least five product categories or subcategories in each work plan: (A) The collection of information described in subdivision (b). (B) All actions required pursuant to this article for a consumer product that contains a chemical of concern, including, but not limited to, the listing of that product as a priority product, the completion of an alternatives analysis for the product, and the finalization of regulatory response determinations. (2) The length of a timeline pursuant to paragraph (1) shall not exceed seven years from the date of issuance of the work plan. (3) In determining the data needed and actions required pursuant to paragraph (1), the department shall take into account all chemicals that are known to serve or can potentially serve the same function in the product categories or subcategories, such as surfactants, preservatives, or plasticizers, in order to avoid the substitution of one chemical with another chemical on the candidate chemical list. (4) An action to enforce the timelines shall be brought pursuant to Section 1085 of the Code of Civil Procedure. (Added by Stats. 2022, Ch. 701, Sec. 6. (SB 502) Effective January 1, 2023.)
  132. 25254.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must create a Green Ribbon Science Panel, appoint its members by July 1, 2009, give it staff support, and may reappoint members. The panel must meet at least twice a year and is open to the public.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25254. (a) In implementing this article, the department shall establish a Green Ribbon Science Panel. The panel shall be composed of members whose expertise shall encompass all of the following disciplines: (1) Chemistry. (2) Chemical engineering. (3) Environmental law. (4) Toxicology. (5) Public policy. (6) Pollution prevention. (7) Cleaner production methods. (8) Environmental health. (9) Public health. (10) Risk analysis. (11) Materials science. (12) Nanotechnology. (13) Chemical synthesis. (14) Research. (15) Maternal and child health. (b) The department shall appoint all members to the panel on or before July 1, 2009. The department shall appoint the members for staggered three-year terms, and may reappoint a member for additional terms, without limitation. (c) The panel shall meet as often as the department deems necessary, with consideration of available resources, but not less than twice each year. The department shall provide for staff and administrative support to the panel. (d) The panel meetings shall be open to the public and are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2008, Ch. 559, Sec. 4. Effective January 1, 2009.)
  133. 25255.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The panel may advise and assist the department and council on green chemistry matters, make recommendations, and help with regulations and implementation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25255. The panel may take any of the following actions: (a) Advise the department and the council on scientific and technical matters in support of the goals of this article of significantly reducing adverse health and environmental impacts of chemicals used in commerce, as well as the overall costs of those impacts to the state’s society, by encouraging the redesign of consumer products, manufacturing processes, and approaches. (b) Assist the department in developing green chemistry and chemicals policy recommendations and implementation strategies and details, and ensure these recommendations are based on a strong scientific foundation. (c) Advise the department and make recommendations for chemicals the panel views as priorities for which hazard traits and toxicological end-point data should be collected. (d) Advise the department in the adoption of regulations required by this article. (e) Advise the department on any other pertinent matter in implementing this article, as determined by the department. (Added by Stats. 2008, Ch. 559, Sec. 5. Effective January 1, 2009.)
  134. 25256.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must establish and run the Toxics Information Clearinghouse and make it publicly accessible through a single web portal.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25256. The department shall establish the Toxics Information Clearinghouse, which shall provide a decentralized, Web-based system for the collection, maintenance, and distribution of specific chemical hazard trait and environmental and toxicological end-point data. The department shall make the clearinghouse accessible to the public through a single Internet Web portal, and, shall, to the maximum extent possible, operate the clearinghouse at the least possible cost to the state. (Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.)
  135. 25256.1.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The office must evaluate and specify certain hazard and environmental/toxicological data for the clearinghouse by January 1, 2011, and may seek information from other states, the federal government, and other nations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25256.1. On or before January 1, 2011, the office shall evaluate and specify the hazard traits and environmental and toxicological end-points and any other relevant data that are to be included in the clearinghouse. The office shall conduct this evaluation in consultation with the department and all appropriate state agencies, after one or more public workshops, and an opportunity for all interested parties to comment. The office may seek information from other states, the federal government, and other nations in implementing this section. (Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.)
  136. 25256.2.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must develop clearinghouse design, data quality, and test-method requirements, may phase in access to eligible information as it becomes available, and must keep the clearinghouse able to display updated 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25256.2. (a) The department shall develop requirements and standards related to the design of the clearinghouse and data quality and test methods that govern the data that is eligible to be available through the clearinghouse. (b) The department may phase in the access to eligible information and data in the clearinghouse as that information and data become available. (c) The department shall ensure the clearinghouse is capable of displaying updated information as new data becomes available. (Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.)
  137. 25256.3.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must consult with other states, the federal government, and other nations to identify relevant hazard-data and support data-sharing arrangements for the clearinghouse.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25256.3. The department shall consult with other states, the federal government, and other nations to identify available data related to hazard traits and environmental and toxicological end-points, and to facilitate the development of regional, national, and international data sharing arrangements to be included in the clearinghouse. (Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.)
  138. 25257.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    This section lets a submitter mark part of an article-related filing as a trade secret and requires support if the department asks. Trade secrets generally must not be released publicly, while the department must notify the submitter and follow set timing rules if release is requested.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25257. (a) A person providing information pursuant to this article may, at the time of submission, identify a portion of the information submitted to the department as a trade secret and, upon the written request of the department, shall provide support for the claim that the information is a trade secret. Except as provided in subdivision (d), a state agency shall not release to the public, subject information supplied pursuant to this article that is a trade secret, and that is so identified at the time of submission, in accordance with Sections 7924.510 and 7924.700 of the Government Code and Section 1060 of the Evidence Code. (b) This section does not prohibit the exchange of a properly designated trade secret between public agencies, if the trade secret is relevant and necessary to the exercise of the agency’s jurisdiction and the public agency exchanging the trade secrets complies with this section. An employee of the department that has access to a properly designated trade secret shall maintain the confidentiality of that trade secret by complying with this section. (c) Information not identified as a trade secret pursuant to subdivision (a) shall be available to the public unless exempted from disclosure by other provisions of law. The fact that information is claimed to be a trade secret is public information. (d) (1) Upon receipt of a request for the release of information that has been claimed to be a trade secret, the department shall immediately notify the person who submitted the information. Based on the request, the department shall determine whether or not the information claimed to be a trade secret is to be released to the public. (2) The department shall make the determination specified in paragraph (1), no later than 60 days after the date the department receives the request for disclosure, but not before 30 days following the notification of the person who submitted the information. (3) If the department decides that the information requested pursuant to this subdivision should be made public, the department shall provide the person who submitted the information 30 days’ notice prior to public disclosure of the information, unless, prior to the expiration of the 30-day period, the person who submitted the information obtains an action in an appropriate court for a declaratory judgment that the information is subject to protection under this section or for a preliminary injunction prohibiting disclosure of the information to the public and promptly notifies the department of that action. (e) This section does not authorize a person to refuse to disclose to the department information required to be submitted to the department pursuant to this article. (f) This section does not apply to hazardous trait submissions for chemicals and chemical ingredients pursuant to this article. (Amended by Stats. 2021, Ch. 615, Sec. 251. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  139. 25257.1.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department may not issue conflicting regulations for product categories already regulated or pending regulation under this article’s 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25257.1. (a) This article does not limit and shall not be construed to limit the department’s or any other department’s or agency’s existing authority over hazardous materials. (b) This article does not authorize the department to supersede the regulatory authority of any other department or agency. (c) The department shall not duplicate or adopt conflicting regulations for product categories already regulated or subject to pending regulation consistent with the purposes of this article. (Added by Stats. 2008, Ch. 560, Sec. 1. Effective January 1, 2009.)
  140. 25257.2.

    ## 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 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. )

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    The department must publish HNSR guidelines by January 1, 2018, and those guidelines may include safer-practice and certification-related criteria for local nail salon recognition programs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 14. Green Chemistry [25251 - 25257.2] ( Article 14 added by Stats. 2008, Ch. 560, Sec. 1. ) ## 25257.2. (a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties. (b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following: (1) A list of specific chemical ingredients that should not be used by a nail salon seeking recognition. In determining whether to include a chemical on the list, the department shall consider: (A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252. (B) Whether an existing healthy nail salon program has restricted the use of the chemical. (C) The potential for exposure of nail salon workers and customers to the chemical. (D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California. (2) Specific best practices for minimizing exposure to hazardous chemicals, including: (A) A list of specific personal protective equipment that should be used by personnel in a salon seeking recognition and guidance on when and how to use it. (B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment. (C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene. (D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene. (E) Prohibiting nail polish removers that contain ethyl or butyl acetate. (3) A list of specific training topics for salon owners and staff, whether on payroll or contract, on safer practices delineated in the HNSR program guidelines. (4) Criteria for the use of outside products brought in by clients. (5) Verification that a salon seeking recognition is in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology. (6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program. (c) The guidelines adopted pursuant to subdivision (a) shall include criteria for cities and counties that adopt an HNSR program. These criteria may cover, but are not limited to: (1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance. (2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures. (3) Issuance of an approved seal or certificate to salons that have met certification requirements. (4) The process by which a salon can enroll in an HNSR program and be verified by the local entity. (5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements. (d) In developing guidelines pursuant to subdivision (a), the department shall consult with the Division of Occupational Safety and Health, the State Department of Public Health, and the State Board of Barbering and Cosmetology. (e) In collaboration with existing healthy nail salon programs, the department shall promote the HNSR guidelines developed pursuant to subdivision (a) by doing all of the following: (1) Developing and implementing a consumer education program. (2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate. (3) Developing and either distributing or posting on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment. (4) Developing an Internet Web site or a section on the department’s Internet Web site that links to county HNSR Internet Web sites. (f) The department may prioritize its outreach to those counties that have the greatest number of nail salons. (g) The State Board of Barbering and Cosmetology may notify the city, county, or city and county if a recognized salon is found in violation of Article 12 (commencing with Section 977) of Division 9 of Title 16 of the California Code of Regulations. A violation shall result in the removal of healthy nail salon recognition from that salon. (h) This section does not prevent the adoption or enforcement of any local rules or ordinances. (Amended by Stats. 2017, Ch. 561, Sec. 115. (AB 1516) Effective January 1, 2018.)
  141. 25258.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    This section defines key terms used in the menstrual products article, including “Department,” “menstrual product,” “PFAS,” and “regulated PFAS.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258. For the purposes of this article, the following definitions apply: (a) “Department” means the Department of Toxic Substances Control. (b) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable. (c) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (d) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means the following: (1) Commencing January 1, 2025, PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product. (2) Commencing January 1, 2027, the presence of PFAS in a product or product component at or above a limit determined by the department, as measured in total organic fluorine. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  142. 25258.1.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    The department must adopt regulations on or before January 1, 2029, to implement, interpret, enforce, or make specific 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.1. On or before January 1, 2029, the department shall adopt regulations to implement, interpret, enforce, or make specific this article. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  143. 25258.2.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    The department must publish a website list of accepted PFAS testing methods for menstrual products and lab accreditations by January 1, 2027, and may update that list as 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.2. On or before January 1, 2027, the department shall publish on its internet website a list of accepted testing methods for testing for the presence of regulated PFAS in menstrual products and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods as necessary. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  144. 25258.3.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    A person may not manufacture, distribute, sell, or offer for sale in the state any menstrual product that contains regulated PFAS.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.3. A person shall not manufacture, distribute, sell, or offer for sale in the state a menstrual product that contains regulated PFAS. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  145. 25258.4.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    Manufacturers of menstrual products must register with the department by July 1, 2029 and provide listed registration 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.4. (a) On or before July 1, 2029, a manufacturer of a menstrual product, as defined in this article, shall register with the department and provide to the department all of the following in the manner prescribed by the department pursuant to the regulations adopted pursuant to this article: (1) The name and a description of each menstrual product. (2) The applicable registration fee. (3) (A) A statement of compliance certifying that each menstrual product is in compliance with this article. (B) The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance with this article. The certification and analytical tests shall comply with those published on the department’s internet website pursuant to Section 25258.2. (b) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the department’s reasonable costs of implementing this article. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  146. 25258.5.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    The department must issue a notice of violation when specified PFAS-related or other article-violation conditions are met, and it may impose penalties or require compliance, including stopping manufacture, sale, or distribution.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.5. (a) The department shall issue a notice of violation to a person or entity in violation of this article if any of the following occurs: (1) The department’s testing or test results submitted as a part of the registration process pursuant to Section 25258.4 indicates that a menstrual product contains regulated PFAS. (2) The department determines that a menstrual product contains regulated PFAS after finding PFAS as an ingredient identified on the product’s label. (3) The department finds a violation of this article or any rule, regulation, standard, or requirement issued or adopted pursuant to this article. (b) A notice of violation shall indicate the nature of the violation and may do any of the following: (1) Assess an administrative or civil penalty against a person or entity in violation of this article. (2) Require compliance with this article, including requiring the person or entity to cease the manufacture, sale, or distribution of a menstrual product in this state. (c) The department may receive reports of alleged violations, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  147. 25258.6.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    Violations of this article can lead to civil and administrative penalties, with a minimum penalty of $10,000 for the first and any later 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.6. (a) A violation of this article is punishable by a civil and administrative penalty. (b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this article. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (c) In assessing the amount of a civil penalty for a violation of this article, the court may consider all of the following: (1) The nature and extent of the violation. (2) The number and severity of the violations. (3) The economic effect of the penalty on the violator. (4) Whether the violator took good faith measures to comply with this article and when the measures were taken. (5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (6) Whether there were contributing environmental factors about which a reasonable person knew or should have known. (d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this article. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department. (f) A prevailing plaintiff bringing an action pursuant to this article shall be awarded attorney’s fees and costs by the court. (g) (1) Moneys from penalties collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury. (2) The department’s duties to initiate, implement, or enforce any requirement of this article are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this article. (3) Upon appropriation by the Legislature and subject to the determination in paragraph (2), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the department’s activities pursuant to this article, funds may be used as a loan by the department for the department to carry out this article until the T.A.M.P.O.N. Act Fund generates revenues sufficient to fund the department’s reasonable costs of implementing this article and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the department’s activities pursuant to this article. (Added by Stats. 2024, Ch. 1008, Sec. 2. (AB 2515) Effective January 1, 2025.)
  148. 25258.7.

    ## 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. )

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    A manufacturer of disposable tampons or pad products must keep concentration information for specified chemicals starting December 31, 2026, and must provide technical documentation and pay testing costs when requested by 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 15. Menstrual Products [25258 - 25258.7] ( Article 15 added by Stats. 2024, Ch. 1008, Sec. 2. ) ## 25258.7. (a) On and after December 31, 2026, a manufacturer of disposable tampons or pad products shall maintain information regarding the concentrations of all of the following concerning chemicals in their disposable tampon or pad products: (1) Lead (CAS no. 7439-92-1). (2) Arsenic (CAS no. 7440-38-2). (3) Cadmium (CAS no. 7440-43-9). (4) Zinc (CAS no. 7440-66-6). (b) (1) The department may determine additional concerning chemicals from its list of candidate chemicals in disposable tampons or pad products and publish on its internet website a list of those chemicals. The department may make its determination pursuant to a finding that both of the following criteria have been met: (A) The concerning chemical has been present or detected in disposable tampon or pad products. (B) The concerning chemical has been found to have adverse public health impacts. (2) The determination described in paragraph (1) shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) The department may require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional concerning chemicals determined pursuant to subdivision (b). (d) (1) The department may publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for the presence of concerning chemicals. (2) The department may update the list of accepted testing methods as it deems necessary. (e) (1) Upon request from the department, a manufacturer shall provide any technical documentation, including test methods and analytical test results, to assess the concentrations of chemicals referred to in subdivisions (a) and (c) in its disposable tampon or pad products. The department may also conduct its own tests to confirm the manufacturer’s results, or contract with third-party laboratories for that testing. The manufacturer shall pay for the costs of testing the manufacturer’s products before the testing is conducted. (2) Any charges collected by the department pursuant to this subdivision shall be deposited into the T.A.M.P.O.N. Act Fund, as described in Section 25258.6, and shall be made available, upon appropriation by the Legislature, to the department for purposes of implementing this section, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers’ compliance with, this section. (f) The department may publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The department may also provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the department’s internet website. (Added by Stats. 2025, Ch. 604, Sec. 1. (SB 754) Effective January 1, 2026.)
  149. 25259.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hazardous Waste Control [25100 - 25259] ( Chapter 6.5 added by Stats. 1972, Ch. 1236. ) ## ARTICLE 17. Photovoltaic Modules [25259- 25259.] ( Article 17 added by Stats. 2015, Ch. 419, Sec. 2. )

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    The department may regulate end-of-life photovoltaic modules that are identified as hazardous waste by designating them as universal waste and applying universal waste management 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 17. Photovoltaic Modules [25259- 25259.] ( Article 17 added by Stats. 2015, Ch. 419, Sec. 2. ) ## 25259. The department may, by regulation, designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those modules to universal waste management. The department may revise these regulations as necessary. (Added by Stats. 2015, Ch. 419, Sec. 2. (SB 489) Effective January 1, 2016.)
  150. 25260.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    This section defines key terms used in Chapter 6.65, including hazardous material, hazardous materials release site, responsible party, and related agency terms.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25260. The definitions set forth in this section shall govern the interpretation of this chapter. Unless the context requires otherwise and except as provided in this chapter, the definitions contained in Article 3 (commencing with Section 78035) of Chapter 1 of Part 2 of Division 45 shall apply to the terms used in this chapter. (a) “Administering agency” means the agency designated by the committee pursuant to Section 25262. (b) “Advisory team” means the team convened by the committee pursuant to Section 25263. (c) “Agency” means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site. (d) “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. “Hazardous material” includes, but is not limited to, all of the following: (1) A hazardous substance, as defined in Section 25281 or subdivision (a) of Section 78075. (2) A hazardous waste, as defined in Section 25117. (3) A waste, as defined in Section 470 or as defined in Section 13050 of the Water Code. (e) “Hazardous materials release site” or “site” means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. “Hazardous materials release site” does not include a site subject to a response and cleanup operation under Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code or a corrective action under Part 6 (commencing with Section 46000) of Division 30 of the Public Resources Code. (f) “Committee” means the Site Designation Committee created by Section 25261. (g) “Remedial action” means actions required by state or local laws, ordinances, or regulations that are necessary to prevent, minimize, or mitigate damage that may otherwise result from a release or threatened release of a hazardous material, and that are consistent with a permanent remedy for a hazardous materials release. “Remedial action” includes, but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed. (h) “Responsible party” means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons: (1) The person is liable under a state or local law, ordinance, or regulation for the site investigation or remedial action. (2) The site investigation or remedial action is required by a state or local law, ordinance, or regulation because of a hazardous materials release. (i) “Site investigation” means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action. (Amended by Stats. 2022, Ch. 258, Sec. 69. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  151. 25261.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    A Site Designation Committee is created within the California Environmental Protection Agency, and it must carry out specified functions and meet as needed; its decisions require concurrence of four members.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25261. (a) There is within the California Environmental Protection Agency a Site Designation Committee. The membership of the committee consists of the following six persons: (1) Secretary for Environmental Protection. (2) Director of Toxic Substances Control. (3) Chairperson of the State Water Resources Control Board. (4) Director of Fish and Game. (5) Director of the Office of Environmental Health Hazard Assessment. (6) Chairperson of the State Air Resources Board. (b) The committee shall carry out the functions described in Sections 25262, 25263, and 25265 and shall meet as necessary to ensure that those functions are carried out in a timely manner. The decisions of the committee shall be subject to the concurrence of four members. The committee shall choose a chairperson from among its members. A committee member may designate an employee of the member’s agency to participate in committee meetings in the member’s place. (Amended by Stats. 1994, Ch. 435, Sec. 1. Effective January 1, 1995.)
  152. 25262.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    A responsible party may ask the committee to name an administering agency for a hazardous materials release site, and the committee must decide within 45 days unless one of the listed denial grounds applies.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25262. (a) A responsible party for a hazardous materials release site may request the committee at any time to designate an administering agency to oversee a site investigation and remedial action at the site. The committee shall designate an administering agency as responsible for the site within 45 days of the date the request is received. A request to designate an administering agency may be denied only if the committee makes one of the following findings: (1) No single agency in state or local government has the expertise needed to adequately oversee a site investigation and remedial action at the site. (2) Designating an administering agency will have the effect of reversing a regulatory or enforcement action initiated by an agency that has jurisdiction over the site, a facility on the site, or an activity at the site. (3) Designating an administering agency will prevent a regulatory or enforcement action required by federal law or regulations. (4) The administering agency and the responsible party are local agencies formed, in whole or in part, by the same political subdivision. (b) A responsible party who requests the designation of an administering agency for a hazardous materials release site shall provide the committee with a brief description of the site, an analysis of the known or suspected nature of the release or threatened release that is the subject of required site investigation or remedial action, a description of the type of facility from which the release occurred or the type of activity that caused the release, a specification of the regulatory or enforcement actions that have been taken, or are pending, with respect to the release, and a statement of which agency the responsible party believes should be designated as administering agency for the site. (c) (1) The committee shall take all of the following factors into account in determining which agency to designate as administering agency for a site: (A) The type of release that is the subject of site investigation and remedial action. (B) The nature of the threat that the release poses to human health and safety or to the environment. (C) The source of the release, the type of facility or activity from which the release occurred, the regulatory programs that govern the facility or activity involved, and the agency or agencies that administer those regulatory programs. (D) The regulatory history of the site, the types of regulatory actions or enforcement actions that have been taken with respect to the site or the facility or activity from which the release occurred, and the experience and involvement that various agencies have had with the site. (E) The capabilities and expertise of the agencies that are candidates for designation as the administering agency for the site and the degree to which those capabilities and that expertise are applicable to the type of release at the site, the nature of the threat that the release poses to health and safety or the environment and the probable remedial measures that will be required. (2) After weighing the factors described in paragraph (1) as they apply to the site, the committee shall use the criteria specified in subparagraphs (A), (B), (C), and (D) as guidelines for designating the administering agency. If more than one of the criteria apply to the site, the committee shall use its best judgment, taking into account the known facts concerning the hazardous materials release at the site and its regulatory history, in determining which agency may best serve as the administering agency. The criteria are as follows: (A) The administering agency shall be the Department of Toxic Substances Control if one of the following applies: (i) The department has issued an order, or otherwise initiated action, with respect to the release at the site pursuant to Article 1 (commencing with Section 78650) of Chapter 4 of, or Article 10 (commencing with Section 79130) of Chapter 5 of, Part 2 of Division 45 or Section 78870, 79055, 79060, or 79065. (ii) The department has issued an order for corrective action at the site pursuant to Section 25187. (iii) The source of the release is a facility or hazardous waste management unit or an activity that is, or was, regulated by the department pursuant to Chapter 6.5 (commencing with Section 25100). (iv) The department is conducting, or has conducted, oversight of the site investigation and remedial action at the site at the request of the responsible party. (B) The administering agency shall be the California regional water quality control board for the region in which the site is located, if one of the following applies: (i) The California regional water quality control board has issued a cease and desist order pursuant to Section 13301, or a cleanup and abatement order pursuant to Section 13304 of the Water Code in connection with the release at the site. (ii) The source of the release is a facility or an activity that is subject to waste discharge requirements issued by the California regional water quality control board pursuant to Section 13263 of the Water Code or that is regulated by the California regional water quality control board pursuant to Article 5.6 (commencing with Section 25159.10) of, or Article 9.5 (commencing with Section 25208) of, Chapter 6.5, or pursuant to Chapter 6.67 (commencing with Section 25270). (iii) The California regional water quality control board has jurisdiction over the site pursuant to Chapter 5.6 (commencing with Section 13390) of Division 7 of the Water Code. (C) The administering agency shall be the Department of Fish and Wildlife if the release has polluted or contaminated the waters of the state and the department has taken action against the responsible party pursuant to Section 2014 or 12015 of, or Article 1 (commencing with Section 5650) of Chapter 2 of Part 1 of Division 6 of, the Fish and Game Code, subsection (f) of Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, (42 U.S.C. Sec. 9607 (f)), or Section 311 of the Federal Water Pollution Act, as amended (33 U.S.C. Sec. 1321). (D) The administering agency shall be a local agency if any one of the following circumstances is applicable: (i) The source of the release at the site is an underground storage tank, as defined in subdivision (y) of Section 25281, the local agency is the agency described in subdivision (i) of Section 25281, and there is no evidence of any extensive groundwater contamination at the site. (ii) The local agency has accepted responsibility for overseeing the site investigation or remedial action at the site and a state agency is not involved. (iii) The local agency has agreed to oversee the site investigation or remedial action at the site and is certified, or has been approved, by a state agency to conduct that oversight. (d) A responsible party for a hazardous materials release site may request the designation of an administering agency for the site pursuant to this section only once. The action of the committee on the request is a final action and is not subject to further administrative or judicial review. (Amended by Stats. 2022, Ch. 258, Sec. 70. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  153. 25263.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    Agencies may ask the committee to convene an advisory team for a hazardous materials release site, and the committee must form it 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 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25263. (a) Any agency, including the administering agency, may request the committee at any time to convene an advisory team for the purpose of providing the administering agency with guidance in overseeing the site investigation and remedial action at a hazardous materials release site. If the request is made by an agency other than the administering agency, the request shall be in writing, and shall specify any issue that is of concern to the requesting agency, the requirements of the laws, ordinances, regulations, or standards that are related to the issue, and the manner in which the administration or implementation of those requirements by the administering agency has raised the issue concerning the site investigation or remedial action at the hazardous materials release site. The committee shall create such an advisory team within 30 calendar days of the date of receipt of the request and shall designate the members of the advisory team after consulting with interested agencies. The advisory team shall be chaired by the representative of the agency that requested the advisory team to be convened and shall meet within five working days of the date that any agency requests a meeting. A representative of the administering agency shall attend all advisory team meetings. (b) The advisory team may only take action to ensure that the administering agency has adequate information concerning the requirements of applicable laws, ordinances, regulations, or standards to address, in an appropriate and correct manner, any issue that led to the request for, and the convening of, the advisory team. To carry out this function, the advisory team shall do all of the following: (1) Define, in a specific manner, any issue related to the site investigation and remedial action that led to the request to convene the advisory team. (2) Determine the application of the laws, ordinances, regulations, and standards related to that issue that are applicable to, and govern, the site investigation and remedial action. (3) Make recommendations to the administering agency concerning the manner in which the applicable laws, ordinances, regulations, and standards should be administratively applied to appropriately and correctly resolve the issue. (c) An agency, other than the administering agency, that is a member of the advisory team shall be eligible for reimbursement of oversight costs related to its participation on the advisory team from the responsible party for the hazardous materials release site only if all of the following apply: (1) The issue that led to the request to convene the advisory team, or the issue that is considered by the advisory committee following its formation, is directly and materially related to the administration of a law, ordinance, regulation, or standard for which the agency has actual statutory or administrative responsibility. (2) The administering agency certifies that the agency is not able to address the issue without a significant expenditure of personnel time or other resources, or certifies that the issue is related to potential risks to human health or safety or the environment of sufficient significance to warrant reimbursement of the agency’s oversight expenditures. (3) Either of the following applies: (A) The responsible party agrees to reimburse the agency’s oversight expenditures. (B) The committee directs the responsible party or responsible parties to reimburse the agency’s oversight expenditures. (d) Subdivision (c) does not affect the authority of the administering agency to recover oversight costs in accordance with applicable law. (Amended by Stats. 2000, Ch. 912, Sec. 2. Effective September 29, 2000.)
  154. 25264.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    The administering agency must oversee hazardous materials site investigations and cleanup, control related permits and authorizations, and issue a certificate of completion when cleanup is satisfactorily finished.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25264. (a) The administering agency for a hazardous materials release site shall supervise all aspects of a site investigation and remedial action conducted by the responsible party and, for that purpose, the administering agency shall, notwithstanding any other provision of law, including, but not limited to, this division and Division 7 (commencing with Section 13000) of the Water Code, have sole jurisdiction over all activities that may be required to carry out a site investigation and remedial action necessary to respond to the hazardous materials release at the site. For purposes of this chapter, the administering agency shall do all of the following: (1) Administer all state and local laws, ordinances, regulations, and standards that are applicable to, and govern, the activities involved with the site investigation and remedial action at the site. (2) Determine the adequacy of site investigation and remedial action activities at the site and the extent to which the activities comply, or fail to comply, with applicable state and local laws, ordinances, regulations, and standards. In making these determinations, the administering agency shall consult with the advisory team if one has been convened pursuant to Section 25263. (3) Issue permits or other forms of authorization that may be required by state and local laws, ordinances, and regulations and that are necessary to undertake activities related to the site investigation and remedial action at the site. Before issuing a permit or other authorization pursuant to this paragraph, the administering agency shall consult with the appropriate agency and ensure that required procedures are followed and adequate permit requirements and conditions are imposed. (b) Upon determining that a site investigation and remedial action at a hazardous materials release site has been satisfactorily completed and that a permanent remedy to the release has been accomplished, the administering agency shall issue the responsible party a certificate of completion. The certificate shall describe the release of hazardous materials that was the subject of the remedial action and the remedial action that was taken and shall certify that applicable remedial action standards and objectives were achieved. (c) Except as otherwise provided in Section 25265 and this subdivision, the issuance of a certificate of completion by the administering agency shall constitute a determination that the responsible party has complied with the requirements of all state and local laws, ordinances, regulations, and standards that are applicable to the site investigation and remedial action for which the certificate is issued. Except as provided in Section 25265, no agency, other than the administering agency, that has jurisdiction over hazardous materials releases pursuant to those state and local laws, ordinances, or regulations may take action against the responsible party with respect to the hazardous materials release that was the subject of the site investigation and remedial action for which a certificate of completion is issued and the administering agency may take action against the responsible party with respect to the hazardous materials release that was the subject of the site investigation and remedial action for which a certificate of completion is issued only if the administering agency determines that one or more of the following applies: (1) Monitoring, testing, or analysis of the hazardous materials release site subsequent to the issuance of the certificate of completion indicates that the remedial action standards and objectives were not achieved or are not being maintained. (2) One or more of the conditions, restrictions, or limitations imposed on the site as part of the remedial action or certificate of completion are violated. (3) Site monitoring or operation and maintenance activities that are required as part of the remedial action or certificate of completion for the site are not adequately funded or are not properly carried out. (4) A hazardous materials release is discovered at the site that was not the subject of the site investigation and remedial action for which the certificate of completion was issued. (5) A material change in the facts known to the administering agency at the time the certificate of completion was issued, or new facts, causes the administering agency to find that further site investigation and remedial action are required in order to prevent a significant risk to human health and safety or to the environment. (6) The responsible party induced the administering agency to issue the certificate of completion by fraud, negligent or intentional nondisclosure of information, or misrepresentation. (d) (1) Except as provided in Section 25265, the administering agency shall be the sole agency responsible for determining if any of the conditions described in paragraphs (1) to (6), inclusive, of subdivision (c) are applicable to a hazardous materials release site for which a certificate of completion has been issued pursuant to subdivision (b), and for taking any action that is deemed necessary if that determination is made. Any agency, other than the administering agency, that has information that any of those conditions applies to the hazardous materials site shall provide the administering agency with that information and the administering agency shall, within 45 calendar days of receipt of the request, do all of the following: (A) Determine whether the condition is applicable. (B) If it is applicable, determine if further action at the site is warranted. (C) If further action is warranted, take further action at the site as may be necessary. (2) If the administering agency fails, or refuses, to act properly or in a timely manner, as required by this subdivision, the agency that provided the information to the administering agency may petition the committee for review in accordance with Section 25265. The decision of the committee shall be final, and shall not be subject to judicial review. (Amended by Stats. 2001, Ch. 548, Sec. 1. Effective October 7, 2001.)
  155. 25265.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    Any agency may ask the committee to review certain hazardous-site actions, and the committee must decide on the petition within 30 calendar days.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25265. (a) Any agency may petition the chairperson of the committee at any time to review any of the following: (1) The manner in which the administering agency is implementing state and local laws, ordinances, regulations, and standards applicable to the site investigation and remedial action that is being carried out by the responsible party at a hazardous materials release site. (2) The decision to issue a certificate of completion for the site. (3) The failure, or refusal, of the administering agency to act properly or in a timely manner pursuant to subdivision (d) of Section 25264. (b) The petition specified in subdivision (a) shall state the reasons why the review is warranted, the basis for believing that applicable state and local laws, ordinances, regulations, and standards are not being implemented properly, or the grounds for objecting to the issuance of a certificate of completion. (c) (1) The committee shall review the petition submitted pursuant to subdivision (a), consult with the petitioning and administering agencies, and make a decision regarding the validity of the petition within 30 calendar days of the date the petition is received. (2) If the committee finds that the petition is not valid, it shall deny the petition. If it finds that the administering agency is not properly implementing a state or local law, ordinance, regulation, or standard, the administering agency shall be divested of exclusive jurisdiction over the implementation of that law, ordinance, regulation, or standard and the jurisdiction shall revert to the appropriate agency. (3) If the committee finds that there are valid grounds for objecting to the issuance of a certificate of completion, the committee shall specify the actions that the responsible party and the administering agency shall be required to take before the certificate may be issued. (4) If the committee determines that the administering agency has not acted properly or in a timely manner pursuant to subdivision (d) of Section 25264, the committee shall determine whether one or more of the conditions described in paragraphs (1) through (6), inclusive, of subdivision (c) of Section 25264 applies to the hazardous materials release site for which a certificate of completion has been issued pursuant to subdivision (b) of Section 25264. If the committee makes a determination pursuant to this paragraph, the committee shall require the administering agency to take any further action at the site that is necessary to address the condition or designate another administering agency to take the necessary action. (d) Nothing in this section shall be construed to affect or limit the jurisdiction of the administering agency in connection with the administration of any state or local law, ordinance, regulation, or standard that has not been challenged under this section. (Amended by Stats. 2000, Ch. 912, Sec. 4. Effective September 29, 2000.)
  156. 25266.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

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    A responsible party may end this chapter’s application to a hazardous materials release site with the administering agency’s approval.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25266. The responsible party for a hazardous materials release site may, with the approval of the administering agency, terminate the application of this chapter to the site. The administering agency shall notify the committee, the advisory team, and any agency that may have jurisdiction over site investigation or remedial action at the site that the application of this chapter has been terminated. If the application of this chapter is terminated, the responsible party may not request the designation of another administering agency pursuant to Section 25262. (Added by Stats. 1993, Ch. 1184, Sec. 1. Effective January 1, 1994.)
  157. 25267.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

    Verify source ↗

    If new information suggests the wrong administering agency was designated, the administering agency may ask the committee to review that designation, and the committee may change it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25267. If, at any time after site investigation or remedial action at a hazardous materials release site has begun, the administering agency determines that the information concerning the site that was available at the time the administering agency was designated was not accurate or was incomplete and that new information would likely have resulted in the designation of a different administering agency, the administering agency may request the committee to review the original designation. If, after reviewing the new information and considering the factors and guidelines specified in subdivision (c) of Section 25262, the committee concludes that the original designation was not in the public interest, it may rescind the original designation and designate a different administering agency. (Added by Stats. 1993, Ch. 1184, Sec. 1. Effective January 1, 1994.)
  158. 25268.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. )

    Verify source ↗

    The chapter must not be read to limit any agency’s right to get needed information from the administering agency for 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 6.65. Unified Agency Review of Hazardous Materials Release Sites [25260 - 25268] ( Chapter 6.65 added by Stats. 1993, Ch. 1184, Sec. 1. ) ## 25268. Nothing in this chapter shall be construed as infringing on the right of any agency to obtain from the administering agency for a site the information that may be necessary for the agency to carry out its responsibilities under this chapter, including, but not limited to, its responsibilities under Section 25263, subdivisions (a), (c) and (d) of Section 25264, and Section 25265. (Amended by Stats. 2000, Ch. 912, Sec. 5. Effective September 29, 2000.)
  159. 25269.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The Legislature states that oversight of cleanup efforts should be run efficiently, responsibly, and accountably, and says clearer definitions of direct and indirect oversight costs would reduce disputes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269. The Legislature hereby finds and declares all of the following: (a) To enhance cooperation between the department and the regulated community, and to reduce the state’s costs associated with the oversight of cleanup efforts, the costs of the associated cost recovery program and the corresponding costs to the responsible parties involved, the oversight program should be administered in an efficient, responsible, and accountable manner. (b) According to information provided to the Legislature, the department has collected more than seventy-one million dollars ($71,000,000) since the cost recovery effort was begun in the early 1980s and there is approximately seventy million dollars ($70,000,000) to eighty million dollars ($80,000,000) in outstanding receivables for disputed site cleanup oversight costs. The information provided to the Legislature indicates that potentially responsible parties have complained that the department’s oversight costs have been unpredictable, unsubstantiated, and exceedingly high. (c) Disputes with potentially responsible parties over the reasonableness of oversight costs have been a major factor in the difficulty that the department has experienced in conducting cost recovery. Disputes of that kind substantially increase the cost of state operations and the cost of doing business for the private sector, leading to extended negotiations and litigation. The redirection of resources by both parties in attempting to resolve those differences most likely inhibit cleanup efforts and affect the ability of the parties to work together cooperatively, thereby exacerbating the costs associated with the cleanups. Disputes would be reduced by clarifying current law by providing definitions of direct and indirect oversight costs. Further, these high costs affect the competitiveness of California businesses in national and global business environments. (Added by Stats. 1996, Ch. 576, Sec. 3. Effective January 1, 1997.)
  160. 25269.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    This section defines terms used in the chapter on oversight costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.1. For purposes of this chapter, the following terms have the following meaning: (a) “Department” means the Department of Toxic Substances Control. (b) “Direct oversight costs” means the costs to the department of overseeing a cleanup action, pursuant to the authority specified in subdivision (a) of Section 25269.2, that can be specifically attributed to a particular cost objective, including, but not limited to, sites, facilities, and activities. (c) “Indirect oversight 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 case objective. (d) “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. (Amended by Stats. 2014, Ch. 71, Sec. 91. (SB 1304) Effective January 1, 2015.)
  161. 25269.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The department must follow this chapter when recovering certain oversight costs and must prepare and send a concise policy and billing statement to all responsible parties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.2. (a) The department shall comply with this chapter when recovering oversight costs for corrective action pursuant to Chapter 6.5 (commencing with Section 25100), for removal or remedial action pursuant to Part 2 (commencing with Section 78000) of Division 45, and for response actions pursuant to Chapter 6.86 (commencing with Section 25396). (b) The department shall develop a concise statement of its cost recovery policies and billing procedures, including dispute resolution procedures and availability of program guidance and policies, and distribute the statement to all responsible parties. (Amended (as amended by Stats. 2022, Ch. 258, Sec. 71) by Stats. 2023, Ch. 131, Sec. 114. (AB 1754) Effective January 1, 2024.)
  162. 25269.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The department must track indirect oversight costs by allocating pro rata costs properly, including operating expenses in those costs, and excluding certain administrative and inquiry costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.3. The department shall take the following actions with regard to the tracking of indirect oversight costs: (a) Ensure that pro rata costs are allocated appropriately to all departmental activities, so that the department’s program will only bear these pro rata costs in proportion to the benefits received by potentially responsible parties. (b) Routinely include operating expenses in the indirect oversight costs and allocate those expenses using processes that ensure that the department’s program only bears indirect oversight costs in proportion to the benefits received by potentially responsible parties. (c) Exclude, from indirect oversight costs, the costs of grant development and administration, fee administration, contract development and administration, and public and governmental inquiries. (Added by Stats. 1996, Ch. 576, Sec. 3. Effective January 1, 1997.)
  163. 25269.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The department must set program-specific indirect oversight cost rates, update them at least every six months, apply them prospectively, and review cost recovery policies at least every two years.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.4. (a) The department shall establish rates for indirect oversight 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 oversight cost rates prospectively and shall not make retroactive adjustments in those rates. (b) The department shall review the department’s cost recovery policies at least once every two years. (Added by Stats. 1996, Ch. 576, Sec. 3. Effective January 1, 1997.)
  164. 25269.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The department must adopt procedures and prepare cost-recovery and billing guidance for remediation cases, review related guidance documents, and create a status-briefing process when project managers change.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.5. The department shall take the following actions with regard to the department’s relationship with the parties who are performing the investigation and cleanup of the hazardous substance release site or taking a hazardous waste corrective action or response action: (a) Adopt procedures to improve communication, facilitate the exchange of ideas, eliminate surprises, and allow better financial planning by the department and potentially responsible parties, including a meet and confer process which includes, but is not limited to, all of the following: (1) An estimate of the cost of site remediation by the department for the next phase of the site remediation activity, including a list of estimated personnel labor rates. (2) An estimate of the total hours that the department expects the department staff to incur in the next phase of the site mitigation process, to the extent that the department can project its time and costs in advance. That estimate shall include the projected hours of the project manager, and the costs of public participation, legal counsel, and technical consultations. (3) A discussion of the schedule for the remediation action, including a thorough review of the services that the department expects to provide, deliverables, timeframes, expectations of both parties, a process for status reporting by both parties, systematic billing at least once every three months by the department, and an agreement on how the work plan will be modified, and how the costs will be estimated. (b) Develop a concise statement of its cost recovery policies and billing procedures, including dispute resolution procedures and the availability of program guidance and policies, which shall be distributed to all potentially responsible parties before any site remediation commences, as part of the meet and confer process. (c) Review all informal guidance documents for the cost recovery program, including fee bulletins, management memos, policies, and procedures, and review and update those documents, as appropriate. (d) Establish a procedure, when there is a change of project manager for a remediation action, to provide for a detailed status briefing to identify the highlights of past work and identify the current areas of agreement and disagreement among the parties. (Added by Stats. 1996, Ch. 576, Sec. 3. Effective January 1, 1997.)
  165. 25269.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The department must adopt a billing system for oversight costs and use it to issue, mail, detail, supplement, and review invoices, and to set up a process for timely review and settlement of outstanding accounts.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.6. The department shall adopt a billing system for oversight costs which meets all of the following criteria: (a) Invoices shall be issued within 60 days to the extent practicable, with appropriate incentives for prompt payment. In no event shall invoices be issued less frequently than on a quarterly basis. (b) Invoices shall be mailed to the correct person for the potentially responsible party. (c) Sufficient detail shall be included with each invoice, so that the potentially responsible party can relate the items on the invoice to the benefits received, and additional details, including daily timesheet personnel data, shall be made readily available. (d) Invoices shall be supplemented with statements of any changes in rates and a detailed justification for any such changes. (e) Invoices shall be reviewed for accuracy and appropriateness by a member of the department staff who has direct knowledge of the remediation action. (f) Invoices shall be reasonably consistent with expectations regarding costs, benefits, and outcomes developed during the meet and confer process specified in subdivision (a) of Section 25269.5, if the department’s knowledge of site conditions or other factors which may substantially impact the department’s costs associated with the site, have not changed significantly since the last conference. (g) A process for the timely review and settlement of any outstanding accounts shall be developed and implemented. (Added by Stats. 1996, Ch. 576, Sec. 3. Effective January 1, 1997.)
  166. 25269.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. )

    Verify source ↗

    The department must review and report on uncollectible accounts and receivables, and may write off or write down receivables if warranted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.66. Oversight Costs [25269 - 25269.8] ( Chapter 6.66 added by Stats. 1996, Ch. 576, Sec. 3. ) ## 25269.8. The department shall take all of the following actions with regard to uncollectible accounts: (a) Review all current outstanding receivables and make an appropriate adjustment for estimated uncollectible amounts, consistent with current accounting practices and recognizing the present value of future collection. The department may, if warranted, write off or write down those receivable amounts. (b) Maintain and report an analysis of outstanding receivables and other control analyses. (c) Consider whether to enter into a contract with a private collection agency to collect substantially past-due accounts and, for longer term receivables, consider whether credit arrangements should be made with banks or other institutions willing to assist in financing a potentially responsible party’s obligation for remediation. (Added by Stats. 1996, Ch. 576, Sec. 3. Effective January 1, 1997.)
  167. 25270.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    This section names the chapter the Aboveground Petroleum Storage Act.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270. This chapter shall be known and may be cited as the Aboveground Petroleum Storage Act. (Repealed and added by Stats. 2007, Ch. 626, Sec. 2. Effective January 1, 2008.)
  168. 25270.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    An owner or operator of a tank facility must comply with spill-prevention, filing, fee, spill-reporting, and other chapter requirements, or face daily civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.12. (a) An owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter, is subject to a civil penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, a civil penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed. (b) (1) The civil penalties provided by this section may be assessed and recovered in a civil action brought by the city attorney, county counsel, or district attorney on behalf of the UPA. (2) Fifty percent of all penalties assessed and recovered in a civil action brought on behalf of a UPA pursuant to this subdivision shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program and 50 percent shall be paid to the office of the city attorney, county counsel, or district attorney, whoever brought that action. (c) (1) The civil penalties provided in this section may be assessed and recovered in a civil action brought by the Attorney General on behalf of the office, the board, or a regional board, or on behalf of the people of the State of California. (2) All penalties assessed and recovered in a civil action brought pursuant to this subdivision shall be deposited in the Waste Discharge Permit Fund created pursuant to Section 13260 of the Water Code. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the same purposes for which the State Water Pollution Cleanup and Abatement Account may be expended pursuant to Section 13443 of the Water Code. (d) The city attorney, county counsel, district attorney, or the Attorney General may seek to enjoin, in any court of competent jurisdiction, any person believed to be in violation of this chapter. (e) If a county counsel or the district attorney brings an action pursuant to this section, the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the violation occurs or occurred. (f) The penalties specified in this section are in addition to any other penalties provided by law. (Amended by Stats. 2023, Ch. 154, Sec. 6. (SB 642) Effective January 1, 2024.)
  169. 25270.12.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    Tank facility owners or operators can be fined by the UPA for certain compliance failures, with higher daily penalties for repeat violations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.12.1. (a) Any owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter is liable to the UPA for an administrative penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, an administrative penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed. (b) The administrative penalties assessed by a UPA shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program. (c) When a UPA issues an enforcement order or assesses an administrative penalty, or both, for a violation of this chapter, the administering agency shall utilize the administrative enforcement procedures specified in Sections 25404.1.1 and 25404.1.2. (d) The administrative penalties specified in this section are in addition to any other penalties provided by law, except for a violation for which a civil penalty under Section 25270.12 has already been imposed for the same violation. (Amended by Stats. 2023, Ch. 207, Sec. 6. (AB 1716) Effective January 1, 2024.)
  170. 25270.12.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    A person who knowingly violates certain petroleum storage sections after reasonable notice can be convicted of a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.12.5. (a) A person who knowingly violates Section 25270.4.5, 25270.6, or 25270.8 after reasonable notice of the violation is, upon conviction, guilty of a misdemeanor. (b) This section does not preempt any other applicable criminal or civil penalties. (Added by Stats. 2012, Ch. 532, Sec. 6. (AB 1566) Effective January 1, 2013.)
  171. 25270.13.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    This chapter does not override certain local storage tank ordinances or the authority of the board and regional boards under the Porter-Cologne Water Quality Control Act.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.13. (a) This chapter does not preempt local storage tank ordinances, in effect as of August 16, 1989, that meet or exceed the standards prescribed by this chapter. (b) This chapter does not preempt the authority granted to the board and the regional boards under the Porter Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). (Amended by Stats. 2007, Ch. 626, Sec. 20. Effective January 1, 2008.)
  172. 25270.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    This section defines key terms for the chapter on aboveground petroleum storage tanks.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.2. For purposes of this chapter, the following definitions apply: (a) “Aboveground storage tank” or “storage tank” means a tank or container that has the capacity to store 55 gallons or more of petroleum that is substantially or totally above the surface of the ground, except that, for purposes of this chapter, “aboveground storage tank” or “storage tank” includes a tank in an underground area. “Aboveground storage tank” does not include any of the following: (1) A pressure vessel or boiler that is subject to Part 6 (commencing with Section 7620) of Division 5 of the Labor Code. (2) A tank containing hazardous waste or extremely hazardous waste, as respectively defined in Sections 25117 and 25115, if the owner or operator of the storage tank has a hazardous waste facilities permit from the Department of Toxic Substances Control or a permit by rule authorization from the unified program agency for the storage tank. (3) An aboveground oil production tank that is subject to Section 3106 of the Public Resources Code. (4) Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the oil-filled electrical equipment meets either of the following conditions: (A) The equipment contains less than 10,000 gallons of dielectric fluid. (B) The equipment contains 10,000 gallons or more of dielectric fluid with PCB levels less than 50 parts per million, appropriate containment or diversionary structures or equipment are employed to prevent discharged oil from reaching a navigable water course, and the electrical equipment is visually inspected in accordance with the usual routine maintenance procedures of the owner or operator. (5) A tank regulated as an underground storage tank under Chapter 6.7 (commencing with Section 25280) of this division and Chapter 16 (commencing with Section 2610) of Division 3 of Title 23 of the California Code of Regulations and that does not meet the definition of a tank in an underground area. (6) A transportation-related tank facility, subject to the authority and control of the United States Department of Transportation, as defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the United States Environmental Protection Agency, as set forth in Appendix A to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. (7) A tank or tank facility located on and operated by a farm that is exempt from the federal spill prevention, control, and countermeasure rule requirements pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. (8) A tank in an underground area that has the capacity to store less than 55 gallons of petroleum, has secondary containment, and is inspected monthly, if the owner or operator maintains a log of inspection records for review by the unified program agency upon request. (b) “Board” means the State Water Resources Control Board. (c) (1) “Certified unified program agency” or “CUPA” means the agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction. (2) “Participating agency” or “PA” means an agency that has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2. (3) (A) “Unified program agency” or “UPA” means the CUPA, or its participating agencies to the extent that each PA has been designated by the CUPA, pursuant to a written agreement, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404. The UPAs have the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 to 25404.2, inclusive, to implement and enforce the requirements of this chapter. (B) After a CUPA has been certified by the secretary, the unified program agency shall be the only agency authorized to enforce the requirements of this chapter. (C) This paragraph does not limit the authority or responsibility granted to the office, the board, and the regional boards by this chapter. (d) “Office” means the Office of the State Fire Marshal. (e) “Operator” means the person responsible for the overall operation of a tank facility. (f) “Owner” means the person who owns the tank facility or part of the tank facility. (g) “Person” means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, district, the University of California, the California State University, the state, any department or agency thereof, and the United States, to the extent authorized by federal law. (h) “Petroleum” means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure. (i) “Regional board” means a California regional water quality control board. (j) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, or disposing into the environment. (k) “Secretary” means the Secretary for Environmental Protection. (l) “Storage” or “store” means the containment, handling, or treatment of petroleum, for a period of time, including on a temporary basis. (m) “Storage capacity” means the aggregate capacity of all aboveground storage tanks at a tank facility. (n) “Tank facility” means one or more aboveground storage tanks, including any piping that is integral to the tanks, that contain petroleum and that are used by an owner or operator at a single location or site. For purposes of this chapter, a pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following: (1) The pipe is within the dike or containment area. (2) The pipe is between the containment area and the first flange or valve outside the containment area. (3) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area. (4) The pipe is connected to a tank in an underground area. (o) (1) “Tank in an underground area” means a stationary storage tank to which all of the following apply: (A) The storage tank is located in a structure that is at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault. (B) The structure in which the storage tank is located, at a minimum, provides for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs. A shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank. (C) The storage tank meets one or more of the following conditions: (i) The storage tank contains petroleum to be used or previously used as a lubricant or coolant in a motor engine or transmission, oil-filled operational equipment, or oil-filled manufacturing equipment, is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor. (ii) The storage tank only contains petroleum that is determined to be a hazardous waste, complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations as it may be amended, and the tank facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste. (iii) The storage tank contains petroleum and is used solely in connection with a fire pump or an emergency system, legally required standby system, or optional standby system as defined in the most recent version of the California Electrical Code (Section 700.2 of Article 700, Section 701.2 of Article 701, and Section 702.2 of Article 702, of Chapter 7 of Part 3 of Title 24 of the California Code of Regulations), is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor. (iv) The storage tank does not meet the conditions in clause (i), (ii), or (iii), but meets all of the following conditions: (I) It contains petroleum. (II) It is situated on or above the surface of the floor. (III) The structure in which the storage tank is located provides enough space for direct viewing of the exterior of the tank, except for the part of the tank in contact with the surface of the floor. (IV) Except for an emergency vent that is solely designed to relieve excessive internal pressure, all piping connected to the tank, including any portion of a vent line, vapor recovery line, or fill pipe that is beneath the surface of the ground, and all ancillary equipment that is designed and constructed to contain petroleum, can either be visually inspected by direct viewing or has both secondary containment and leak detection that meet the requirements of the regulations adopted by the office pursuant to Section 25270.4.1. (2) Direct viewing of the exterior of the tank is not required under paragraph (1) if inspections of the interstitial space or containment structure are performed or if the storage tank has a mechanical or electronic device that will detect leaks in the interstitial space or containment structure and alert the tank operator. (3) (A) A storage tank in an underground area is not subject to Chapter 6.7 (commencing with Section 25280) if the storage tank meets the definition of a tank in an underground area, as provided in paragraph (1) and, except as specified in subparagraph (B), the regulations that apply to all new and existing tanks in underground areas and buried piping connected to tanks in underground areas have been adopted by the office pursuant to Section 25270.4.1. (B) A storage tank meeting the description of clause (i) of subparagraph (C) of paragraph (1) shall continue to be subject to this chapter, and excluded from the definition of an underground storage tank in Chapter 6.7 (commencing with Section 25280), before and after the date the regulations specific to tanks in underground areas have been adopted by the office. (p) “Viewing” means visual inspection, and “direct viewing” means, in regard to a storage tank, direct visual inspection of the exterior of the tank, except for the part of the tank in contact with the surface of the floor, and, where applicable, the entire length of all piping and ancillary equipment, including all exterior surfaces, by a person or through the use of visual aids, including, but not limited to, mirrors, cameras, or video equipment. (Amended by Stats. 2018, Ch. 721, Sec. 1. (AB 2902) Effective January 1, 2019.)
  173. 25270.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    This section says when a tank facility is covered by the chapter on aboveground storage of petroleum, and it lists some underground-tank exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.3. A tank facility is subject to this chapter if any of the following apply: (a) The tank facility is subject to the oil pollution prevention regulations specified in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. (b) The tank facility has a storage capacity of 1,320 gallons or more of petroleum. (c) (1) Except as provided in paragraph (3), the tank facility has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2. (2) If a tank facility is subject to this chapter only pursuant to this subdivision, only those tanks that meet the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2 shall be included as storage tanks and subject to this chapter. (3) A tank in an underground area that would otherwise be subject to this chapter only pursuant to this subdivision is not subject to this chapter if any of the following apply: (A) The tank holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices. (B) The tank is a heating oil tank. (C) The tank is a sump, separator, clarifier, catch basin, or storm drain. (Amended by Stats. 2018, Ch. 721, Sec. 2. (AB 2902) Effective January 1, 2019.)
  174. 25270.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    The unified program agency must implement this chapter in line with regulations adopted by the office under Section 25270.4.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.4. This chapter shall be implemented by the unified program agency, in accordance with the regulations adopted by the office pursuant to Section 25270.4.1. (Amended by Stats. 2018, Ch. 721, Sec. 3. (AB 2902) Effective January 1, 2019.)
  175. 25270.4.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    The office must adopt and implement regulations for this chapter, interpret it for UPAs, oversee UPA implementation, establish an advisory committee, and train and support UPAs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.4.1. (a) The office shall adopt regulations implementing this chapter. The office shall also provide interpretation of this chapter to the UPAs, and oversee the implementation of this chapter by the UPAs. (b) The office shall establish an advisory committee that includes representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including UPAs, and other interested parties. The advisory committee shall act in an advisory capacity to the office in conducting its responsibilities. (c) The office shall, in addition to any other requirements imposed pursuant to this chapter, train UPAs, ensure consistency with state law, to the maximum extent feasible, ensure consistency with federal enforcement guidance issued by federal agencies pursuant to subdivision (d), and support the UPAs in providing outreach to regulated persons regarding compliance with current local, state, and federal regulations relevant to the office’s obligations under this chapter. (d) Any regulation adopted by the office pursuant to this section shall ensure consistency with the requirements for spill prevention, control, and countermeasure plans under Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, and shall include any more stringent requirements necessary to implement this chapter. (Amended by Stats. 2015, Ch. 452, Sec. 4. (SB 612) Effective January 1, 2016.)
  176. 25270.4.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    Most tank owners or operators must prepare and follow a spill prevention plan, inspect tanks, and comply with federal Part 112 rules; some farm, nursery, logging, or construction sites are exempt if storage limits are low, but then they have daily inspection and access/containment duties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.4.5. (a) Except as provided in subdivision (b), the owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. An owner or operator specified in this subdivision shall conduct periodic inspections of the storage tank to ensure compliance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, an owner or operator specified in this subdivision shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. (b) A tank facility located on and operated by a farm, nursery, logging site, or construction site is not subject to subdivision (a) if no storage tank at the location exceeds 20,000 gallons of petroleum and the cumulative petroleum storage capacity of the tank facility does not exceed 100,000 gallons. Unless excluded from the definition of an “aboveground storage tank” in Section 25270.2, the owner or operator of a tank facility exempt pursuant to this subdivision shall take the following actions: (1) Conduct a daily visual inspection of any storage tank storing petroleum. For purposes of this section, “daily” means every day that contents are added to or withdrawn from the tank, but no less than five days per week. The number of days may be reduced by the number of state or federal holidays that occur during the week if there is no addition to, or withdrawal from, the tank on the holiday. The UPA may reduce the frequency of inspections to not less than once every three days at a tank facility that is exempt pursuant to this section if the tank facility is not staffed on a regular basis, provided that the inspection is performed every day the facility is staffed. (2) Allow the UPA to conduct a periodic inspection of the tank facility. (3) If the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks where the secondary containment will, at a minimum, contain the entire contents of the largest tank protected by the secondary containment plus precipitation. (c) The owner or operator of a tank in an underground area that is subject to this chapter pursuant to subdivision (c) of Section 25270.3 may use the format adopted by the office to prepare a spill prevention control and countermeasure plan as specified in subdivision (a). (Amended by Stats. 2023, Ch. 207, Sec. 4. (AB 1716) Effective January 1, 2024.)
  177. 25270.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    The UPA must inspect qualifying petroleum storage tank facilities at least every three years, and inspectors must complete the initial training program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.5. (a) Except as provided in subdivision (b), at least once every three years, the UPA shall inspect each storage tank or a representative sampling of the storage tanks at each tank facility that has a storage capacity of 10,000 gallons or more of petroleum. The purpose of the inspection shall be to determine whether the owner or operator is in compliance with the spill prevention control and countermeasure plan requirements of this chapter. (b) The UPA may develop an alternative inspection and compliance plan, subject to approval by the secretary and the office. (c) An inspection conducted pursuant to this section does not require the oversight of a professional engineer. The person conducting the inspection shall complete and pass the initial aboveground storage tank inspector training program. The curriculum of the aboveground storage tank inspector training program shall focus on the spill prevention control and countermeasure plan provisions and safety requirements for aboveground storage tank inspections. (Amended by Stats. 2015, Ch. 452, Sec. 6. (SB 612) Effective January 1, 2016.)
  178. 25270.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

    Verify source ↗

    Owners or operators of tank facilities covered by this chapter must file an annual tank facility statement, and they must pay an annual fee to the UPA.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.6. (a) (1) On or before January 1, annually, each owner or operator of a tank facility subject to this chapter shall file with the statewide information management system, a tank facility statement that shall identify the name and address of the tank facility, a contact person for the tank facility, the total petroleum storage capacity of the tank facility, and the location and contents of each petroleum storage tank that exceeds 10,000 gallons in storage capacity. A copy of a statement submitted previously pursuant to this section may be submitted in lieu of a new tank facility statement if no new or used storage tanks have been added to the facility or if no significant modifications have been made. For purposes of this section, a significant modification includes, but is not limited to, altering existing storage tanks or changing spill prevention or containment methods. (2) Notwithstanding paragraph (1), an owner or operator of a tank facility that submits a business plan, as defined in subdivision (d) of Section 25501, to the statewide information management system and that complies with Sections 25503, 25505, 25505.1, 25507, 25507.2, 25508, 25508.1, and 25508.2, satisfies the requirement in paragraph (1) to file a tank facility statement. (b) Each owner or operator of a tank facility who is subject to the requirements of subdivision (a) shall annually pay a fee to the UPA, on or before a date specified by the UPA. The governing body of the UPA shall establish a fee, as part of the single fee system implemented pursuant to Section 25404.5, at a level sufficient to pay the necessary and reasonable costs incurred by the UPA in administering this chapter, including, but not limited to, inspections, enforcement, and administrative costs. The UPA shall also implement the fee accountability program established pursuant to subdivision (c) of Section 25404.5 and the regulations adopted to implement that program. (Amended by Stats. 2023, Ch. 207, Sec. 5. (AB 1716) Effective January 1, 2024.)
  179. 25270.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    Owners or operators of tank facilities must immediately notify the Office of Emergency Services and the UPA when they discover a reportable petroleum spill or release of one barrel (42 gallons) or more.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.8. Each owner or operator of a tank facility shall immediately, upon discovery, notify the Office of Emergency Services and the UPA using the appropriate 24-hour emergency number or the 911 number, as established by the UPA, or by the governing body of the UPA, of the occurrence of a spill or other release of one barrel (42 gallons) or more of petroleum that is required to be reported pursuant to subdivision (a) of Section 13272 of the Water Code. (Amended by Stats. 2013, Ch. 352, Sec. 350. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  180. 25270.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. )

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    The board and regional board may oversee or cause cleanup or abatement of a release from a storage tank at a tank facility, and the owner or operator can be charged for reasonable related expenses.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.67. Aboveground Storage of Petroleum [25270 - 25270.13] ( Chapter 6.67 added by Stats. 1989, Ch. 1383, Sec. 1. ) ## 25270.9. (a) The board and the regional board may oversee cleanup or abatement efforts, or cause cleanup or abatement efforts, of a release from a storage tank at a tank facility. (b) The reasonable expenses of the board and the regional board incurred in overseeing, or contracting for, cleanup or abatement efforts that result from a release at a tank facility is a charge against the owner or operator of the tank facility. Expenses reimbursable to a public agency under this section are a debt of the tank facility owner or operator, and shall be collected in the same manner as in the case of an obligation under a contract, express or implied. (c) Expenses recovered by the board or a regional board pursuant to this section shall be deposited into the Waste Discharge Permit Fund. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443 of the Water Code. (Amended by Stats. 2015, Ch. 452, Sec. 8. (SB 612) Effective January 1, 2016.)
  181. 25280.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    This section states legislative findings about the risks of underground storage of hazardous substances and expresses the intent to create a continuing program to prevent contamination and improper storage.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25280. (a) The Legislature finds and declares as follows: (1) Substances hazardous to the public health and safety and to the environment are stored prior to use or disposal in thousands of underground locations in the state. (2) Underground tanks used for the storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers, and may pose other dangers to public health and the environment. (3) In several known cases, underground storage of hazardous substances, including, but not limited to, industrial solvents, petroleum products, and other materials, has resulted in undetected and uncontrolled releases of hazardous substances into the ground. These releases have contaminated public drinking water supplies and created a potential threat to the public health and to the waters of the state. (4) The Legislature has previously enacted laws regulating the management of hazardous wastes, including statutes providing the means to clean up releases of hazardous substances into the environment when the public health, domestic livestock, wildlife, and the environment are endangered. Current laws do not specifically govern the construction, maintenance, testing, and use of underground tanks used for the storage of hazardous substances, or the short-term storage of hazardous wastes prior to disposal, for the purposes of protecting the public health and the environment. (5) The protection of the public from releases of hazardous substances is an issue of statewide concern. (b) The Legislature therefore declares that it is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage of, hazardous substances stored underground. It is the intent of the Legislature, in enacting this chapter, to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, tested, and upgraded so that the health, property, and resources of the people of the state will be protected. (Amended by Stats. 1992, Ch. 654, Sec. 1. Effective September 14, 1992.)
  182. 25280.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    The Legislature states that California may authorize state regulation of underground storage tanks instead of federal regulation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25280.5. The Legislature finds and declares all of the following: (a) Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code provides for regulation of underground storage tanks and allows underground storage tanks to be regulated pursuant to a state program, in lieu of a federal program, in states which are authorized to implement these provisions. (b) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this chapter, to authorize the state to implement the provisions of Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, including any acts amending or supplementing Subchapter IX and any federal regulations and guidelines adopted pursuant to Subchapter IX. (Added by Stats. 1989, Ch. 1397, Sec. 2.)
  183. 25280.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    Either the owner or operator of an underground storage tank may comply with the chapter’s requirements, and both are responsible for compliance.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25280.6. Either the owner or operator of an underground storage tank may comply with the requirements of this chapter that apply to the owner or operator of an underground storage tank. Both the owner and the operator of an underground storage tank are responsible for complying with this chapter and if an underground storage tank is not in compliance with this chapter, both the owner and the operator of that underground storage tank are in violation of that requirement. (Added by Stats. 2003, Ch. 42, Sec. 3. Effective July 7, 2003.)
  184. 25281.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    This section mainly defines terms used in the chapter about underground storage of hazardous substances, and states that the unified program agency has enforcement authority for certain chapter requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25281. For purposes of this chapter and unless otherwise expressly provided, the following definitions apply: (a) “Automatic line leak detector” means any method of leak detection, as determined in regulations adopted by the board, that alerts the owner or operator of an underground storage tank to the presence of a leak. “Automatic line leak detector” includes, but is not limited to, any device or mechanism that alerts the owner or operator of an underground storage tank to the presence of a leak by restricting or shutting off the flow of a hazardous substance through piping, or by triggering an audible or visual alarm, and that detects leaks of three gallons or more per hour at 10 pounds per square inch line pressure within one hour. (b) “Board” means the State Water Resources Control Board. “Regional board” means a California regional water quality control board. (c) “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the tank system. (d) (1) “Certified Unified Program Agency” or “CUPA” means the agency certified by the Secretary for Environmental Protection to implement the unified program specified in Chapter 6.11 (commencing with Section 25404) within a jurisdiction. (2) “Participating Agency” or “PA” means an agency that has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404.3, and is approved by the secretary to implement or enforce the unified program element specified in paragraph (3) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2. (3) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent each PA has been designated by the CUPA, pursuant to a written agreement, to implement or enforce the unified program element specified in paragraph (3) of subdivision (c) of Section 25404. For purposes of this chapter, a UPA has the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 to 25404.2, inclusive, to implement and enforce only those requirements of this chapter listed in paragraph (3) of subdivision (c) of Section 25404 and the regulations adopted to implement those requirements. Except as provided in Section 25296.09, after a CUPA has been certified by the secretary, the UPA shall be the only local agency authorized to enforce the requirements of this chapter listed in paragraph (3) of subdivision (c) of Section 25404 within the jurisdiction of the CUPA. This paragraph shall not be construed to limit the authority or responsibility granted to the board and the regional boards by this chapter to implement and enforce this chapter and the regulations adopted pursuant to this chapter. (e) “Department” means the Department of Toxic Substances Control. (f) “Facility” means any one, or combination of, underground storage tanks used by a single business entity at a single location or site. (g) “Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), or as it may subsequently be amended or supplemented. (h) “Hazardous substance” means either of the following: (1) All of the following liquid and solid substances, unless the department, in consultation with the board, determines that the substance could not adversely affect the quality of the waters of the state: (A) Substances on the list prepared by the Director of Industrial Relations pursuant to Section 6382 of the Labor Code. (B) Hazardous substances, as defined in subdivision (a) of Section 78075. (C) Any substance or material that is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid. (2) Any regulated substance, as defined in subsection (7) of Section 6991 of Title 42 of the United States Code, as that section read on January 1, 2012, or as it may subsequently be amended or supplemented. (i) “Local agency” means one of the following, as specified in subdivision (b) of Section 25283: (1) The unified program agency. (2) Before July 1, 2013, a city or county. (3) On and after July 1, 2013, a city or county certified by the board to implement the local oversight program pursuant to Section 25297.01. (j) “Operator” means any person in control of, or having daily responsibility for, the daily operation of an underground storage tank system. (k) “Owner” means the owner of an underground storage tank. (l) “Person” means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, district, the state, another state of the United States, any department or agency of this state or another state, or the United States to the extent authorized by federal law. (m) “Pipe” means any pipeline or system of pipelines that is used in connection with the storage of hazardous substances and that is not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel. (n) “Primary containment” means the first level of containment, such as the portion of a tank that comes into immediate contact on its inner surface with the hazardous substance being contained. (o) “Product tight” means impervious to the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment. (p) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into or on the waters of the state, the land, or the subsurface soils. (q) “Secondary containment” means the level of containment external to, and separate from, the primary containment. (r) “Single walled” means construction with walls made of only one thickness of material. For purposes of this chapter, laminated, coated, or clad materials are considered single walled. (s) “Special inspector” means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements of underground storage tanks. (t) (1) “Storage” or “store” means the containment, handling, or treatment of hazardous substances, either on a temporary basis or for a period of years. (2) “Storage” or “store” does not include the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the department pursuant to Section 25200 or 25201.6 or granted interim status under Section 25200.5. (3) “Storage” or “store” does not include the storage of hazardous wastes in an underground storage tank if all of the following apply: (A) The facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste in a tank. (B) The tank is located in an underground area, as defined in Section 280.12 of Title 40 of the Code of Federal Regulations. (C) The tank is subject to Chapter 6.67 (commencing with Section 25270). (D) The tank complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Title 22 of the California Code of Regulations. (4) “Storage” or “store” does not include the storage of hazardous wastes in an underground storage tank if all of the following apply: (A) The facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste in a tank. (B) The tank is located in a structure that is at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault. (C) The structure in which the tank is located, at a minimum, provides for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs. (D) The tank complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Title 22 of the California Code of Regulations. (u) “Tank” means a stationary device designed to contain an accumulation of hazardous substances that is constructed primarily of nonearthen materials, including, but not limited to, wood, concrete, steel, or plastic that provides structural support. (v) “Tank integrity test” means a test method capable of detecting an unauthorized release from an underground storage tank consistent with the minimum standards adopted by the board. (w) “Tank tester” means an individual who performs tank integrity tests on underground storage tanks. (x) “Unauthorized release” means any release of any hazardous substance that does not conform to this chapter, including an unauthorized release specified in Section 25295.5. (y) (1) “Underground storage tank” means any one or combination of tanks, including pipes connected thereto, that is used for the storage of hazardous substances and that is substantially or totally beneath the surface of the ground. “Underground storage tank” does not include any of the following: (A) A tank with a capacity of 1,100 gallons or less that is located on a farm and that stores motor vehicle fuel used primarily for agricultural purposes and not for resale. (B) A tank that is located on a farm or at the residence of a person, that has a capacity of 1,100 gallons or less, and that stores home heating oil for consumptive use on the premises where stored. (C) Structures, such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, and lined and unlined pits, sumps, and lagoons. A sump that is a part of a monitoring system required under Section 25290.1, 25290.2, 25291, or 25292 and sumps or other structures defined as underground storage tanks under the federal act are not exempted by this subparagraph. (D) A tank holding hydraulic fluid or dielectric fluid for a closed loop mechanical system that uses compressed air, hydraulic fluid, or dielectric fluid to operate lifts, to operate elevators, to act as an electric cooling or insulation system, and other similar devices. (E) A tank in an underground area, as defined in Section 25270.2, and associated piping, that is subject to Chapter 6.67 (commencing with Section 25270). (2) Structures identified in subparagraphs (C) and (D) of paragraph (1) may be regulated by the board and any regional board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) to ensure that they do not pose a threat to water quality. (z) “Underground tank system” or “tank system” means an underground storage tank, connected piping, ancillary equipment, and containment system, if any. (aa) (1) “Unified program facility” means all contiguous land and structures, other appurtenances, and improvements on the land that are subject to the requirements of paragraph (3) of subdivision (c) of Section 25404. (2) “Unified program facility permit” means a permit issued pursuant to Chapter 6.11 (commencing with Section 25404), and that encompasses the permitting requirements of Section 25284. (3) “Permit” means a permit issued pursuant to Section 25284 or a unified program facility permit as defined in paragraph (2). (Amended by Stats. 2025, Ch. 89, Sec. 4. (AB 1459) Effective January 1, 2026.)
  185. 25281.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    This section defines “pipe,” “underground storage tank,” and “emergency tank system,” and creates inspection-and-log conditions for certain marina and emergency-system piping exclusions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25281.5. (a) Notwithstanding subdivision (m) of Section 25281, for purposes of this chapter, “pipe” means all parts of a pipeline, or system of pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein, but does not include any of the following: (1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Subchapter D of Chapter I of Subtitle B of Title 49 of the Code of Federal Regulations. (2) An intrastate pipeline subject to the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code). (3) Unburied delivery hoses, vapor recovery hoses, and nozzles that are subject to unobstructed visual inspection for leakage. (4) Vent lines, vapor recovery lines, and fill pipes that are designed to prevent, and do not hold, standing fluid in the pipes or lines. (b) In addition to the exclusions specified in subdivision (y) of Section 25281, “underground storage tank” does not include any of the following: (1) Vent lines, vapor recovery lines, and fill pipes that are designed to prevent, and do not hold, standing fluid in the pipes or lines. (2) Unburied fuel delivery piping at marinas if the owner or operator conducts daily visual inspections of the piping and maintains a log of inspection results for review by the local agency. The exclusion provided by this paragraph does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied fuel delivery piping at marinas. (3) Unburied fuel piping connected to an emergency tank system, if the owner or operator conducts a visual inspection of the piping each time the tank system is operated, but no less than monthly, and maintains a log of inspection results for review by the local agency. The exclusion provided by this paragraph does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied fuel supply and return piping connected to emergency tank systems. (c) For purposes of this chapter, “emergency tank system” means an underground storage tank system that stores diesel fuel or kerosene solely for use by one or more of the following stationary emergency devices: (1) An emergency generator that provides power supply in the event of a commercial power failure or disruption, a legally required standby system, or an optional standby system, as defined in Articles 700, 701, and 702 of the National Electrical Code of the National Fire Protection Association (NFPA). (2) A fire suppression system used to extinguish, control, or prevent spreading of fires, as defined in the California Fire Code and in NFPA 17A: Standard for Wet Chemical Extinguishing Systems. (3) A steam generation pressure tank, as defined in NFPA 85: Boiler and Combustion Systems Hazards Code. (Amended by Stats. 2023, Ch. 207, Sec. 7. (AB 1716) Effective January 1, 2024.)
  186. 25281.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    Some below-grade tanks connected to an emergency tank system are exempt from this chapter 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 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25281.6. (a) A tank located in a below-grade structure and connected to an emergency tank system, as defined in subdivision (c) of Section 25281.5, is exempt from the requirements of this chapter if all of the following conditions are met: (1) The tank is situated above the surface of the floor in such a way that all of the surfaces of the tank can be visually inspected by either direct viewing, through the use of visual aids, including, but not limited to, mirrors, cameras, or video equipment, or monitored through the use of a continuous leak detection and alarm system capable of detecting unauthorized releases of hazardous substances. (2) For a single-walled tank, in addition to all the other requirements in this section, the structure, or a separate discrete secondary structure able to contain the entire contents of the liquid stored in the tank, is sealed with a material compatible with the stored product. (3) The owner or operator of the tank conducts a visual inspection of the tank each time the emergency tank system is operated, or at least once a month, and maintains a log of inspection dates for review by the local agency. (4) The tank or combination of tanks in the below-grade structure has a cumulative capacity of less than 1,320 gallons of diesel fuel. (b) Nothing in this section excludes an emergency tank system from other applicable laws, codes, and regulations. (c) The exclusion provided by this section does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of underground storage tanks contained in below-grade structures that are connected to emergency tank systems. (Amended by Stats. 2023, Ch. 207, Sec. 8. (AB 1716) Effective January 1, 2024.)
  187. 25282.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    The department must compile and publish a master list of hazardous substances, and local agencies plus underground storage tank owners or operators must use that list to decide which tanks need permits.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25282. (a) The department shall compile a comprehensive master list of hazardous substances. The master list shall be made available to the public and mailed to each local agency no later than June 30, 1984, notwithstanding any other provision of law, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Local agencies and owners or operators of underground storage tanks shall use the master list or, when adopted, the revised list adopted pursuant to subdivision (b), to determine which underground storage tanks require permits pursuant to this chapter. Hazardous substances included on the list may be denominated by scientific, common, trade, or brand names. (b) The department may revise, when appropriate, the master list of all the hazardous substances specified in subdivision (a). The revised list of hazardous substances shall be prepared and adopted, and may be further revised, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by renumbering Section 25281 by Stats. 1984, Ch. 1038, Sec. 3.)
  188. 25283.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    This section assigns implementation of the chapter to the board, regional board, and local agency, and defines “local agency” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25283. (a) This chapter shall be implemented by the board, by the regional board, and by the local agency, as defined in subdivision (b), pursuant to the regulations adopted by the board. (b) For purposes of this chapter, “local agency” means the following: (1) (A) A local agency means the unified program agency for purposes of implementing the unified program, as specified in paragraph (3) of subdivision (c) of Section 25404, including the requirements of this chapter and the requirements of any underground storage tank ordinance adopted by a city or county. (B) Consistent with paragraph (3) of subdivision (c) of Section 25404, for purposes of this chapter, a unified program agency does not implement those responsibilities assigned to the state board pursuant to Section 25297.1 or the corrective action requirements of Sections 25296.10 to 25296.40, inclusive. (2) Before July 1, 2013, a local agency means a city or county for purposes of implementing the corrective action requirements of all of the following: (A) Sections 25296.10 to 25296.40, inclusive. (B) Sections 25296.09, 25297, 25297.2, and 25298.5. (C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements. (D) Any other provision of this chapter that relates to implementing a corrective action. (3) On and after July 1, 2013, a local agency means a city or county that is certified by the board to implement the local oversight program pursuant to Section 25297.01 for purposes of implementing the corrective action requirements of all of the following: (A) Sections 25296.10 to 25296.40, inclusive. (B) Sections 25296.09, 25297, 25297.2, and 25298.5. (C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements. (D) Any other provision of this chapter that relates to implementing a corrective action. (Repealed and added by Stats. 2012, Ch. 536, Sec. 3. (AB 1701) Effective January 1, 2013.)
  189. 25283.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    A county is not prohibited from entering into a joint powers agreement with other counties to enforce this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25283.1. This chapter does not prohibit any county from entering into a joint powers agreement with other counties for the purposes of enforcing this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 385. Effective January 1, 2007.)
  190. 25283.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    An underground storage tank can be exempt from this chapter if it meets specified monitoring, containment, inspection, and local-agency determination conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25283.5. (a) An underground storage tank that meets all of the following criteria is exempt from the requirements of this chapter: (1) All exterior surfaces of the tank, including connected piping, and the floor directly beneath the tank, can be monitored by direct viewing. (2) The structure in which the tank is located is constructed in such a manner that the structure, at a minimum, provides for secondary containment of the contents of the tank, as determined by the local agency designated pursuant to Section 25283. (3) The owner or operator of the underground storage tank conducts weekly inspections of the tank and maintains a log of inspection results for review by the local agency designated pursuant to Section 25283, as requested by the local agency. (4) Except as provided in paragraph (5), the local agency designated pursuant to Section 25283 determines that the underground storage tank meets requirements that are equal to or more stringent than those imposed by this chapter. (5) If the underground storage tank is installed on or after July 1, 2003, notwithstanding Sections 25290.1 and 25290.2, the local agency determines the tank meets both of the following: (A) Requirements that are equal to, or more stringent than, the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) and subdivisions (b) to (i), inclusive, of Section 25291. (B) Notwithstanding Section 25281.5, any portion of a vent line, vapor recovery line, or fill pipe that is beneath the surface of the ground is subject to regulation as a “pipe,” as defined in subdivision (m) of Section 25281. (b) This section does not prohibit a local fire chief or an enforcement agency, as defined in Section 16006, from enforcing the applicable provisions of the local or state fire, building, or electrical codes. (Amended by Stats. 2010, Ch. 535, Sec. 4. (AB 1674) Effective January 1, 2011.)
  191. 25284.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    Underground storage tanks generally need a permit from the local agency to be owned or operated, with specific transfer and notice duties when the permit or ownership changes.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25284. (a) (1) Except as provided in subdivision (c), no person may own or operate an underground storage tank unless a permit for its operation has been issued by the local agency to the owner or operator of the tank, or a unified program facility permit has been issued by the local agency to the owner or operator of the unified program facility on which the tank is located. (2) If the operator is not the owner of the tank, or if the permit is issued to a person other than the owner or operator of the tank, the permittee shall ensure that both the owner and the operator of the tank are provided with a copy of the permit. (3) If the permit is issued to a person other than the operator of the tank, that person shall do all of the following: (A) Enter into a written agreement with the operator of the tank to monitor the tank system as set forth in the permit. (B) Provide the operator with a copy or summary of Section 25299 in the form that the board specifies by regulation. (C) Notify the local agency of any change of operator. (b) Each local agency shall prepare a form that provides for the acceptance of the obligations of a transferred permit by any person who is to assume the ownership of an underground storage tank from the previous owner and is to be transferred the permit to operate the tank. That person shall complete the form accepting the obligations of the permit and submit the completed form to the local agency within 30 days from the date that the ownership of the underground storage tank is to be transferred. A local agency may review and modify, or terminate, the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in subdivision (a) of Section 25295, upon receiving the completed form. (c) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have 30 days from the date of assumption of ownership to apply for an operating permit pursuant to Section 25286 or, if accepting a transferred permit, shall submit to the local agency the completed form accepting the obligations of the transferred permit, as specified in subdivision (b). During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section. (d) A permit issued pursuant to this section shall apply and require compliance with all applicable regulations adopted by the board pursuant to Section 25299.3. (Amended by Stats. 2002, Ch. 999, Sec. 13. Effective January 1, 2003.)
  192. 25284.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    The board must adopt and carry out rules for underground storage tanks, including research, testing, training standards, and enforcement procedures.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25284.1. (a) The board shall take all of the following actions with regard to the prevention of unauthorized releases from petroleum underground storage tanks: (1) On or before June 1, 2000, initiate a field-based research program to quantify the probability and environmental significance of releases from underground storage tank systems meeting the 1998 upgrade requirements specified in Section 25284, as that section read on January 1, 2002. The research program shall do all of the following: (A) Seek to identify the source and causes of releases and any deficiencies in leak detection systems. (B) Include single-walled, double-walled, and hybrid tank systems, and avoid bias towards known leaking underground storage tank systems by including a statistically valid sample of all operating underground storage tank systems. (C) Include peer review. (2) Complete the research program on or before June 1, 2002. (3) Use the results of the research program to develop appropriate changes in design, construction, monitoring, operation, and maintenance requirements for tank systems. (4) On or before January 1, 2001, adopt regulations to do all of the following: (A) (i) Require underground storage tank owners, operators, service technicians, installers, and inspectors to meet minimum industry established training standards and require tank facilities to be operated in a manner consistent with industry established best management practices. (ii) The board shall implement an outreach effort to educate small business owners or operators on the importance of the regulations adopted pursuant to this subparagraph. (B) (i) Except as provided in clauses (ii) and (iii), require testing of the secondary containment components, including under-dispenser and pump turbine containment components, upon initial installation of a secondary containment component and periodically thereafter, to ensure that the system is capable of containing a release from the primary containment until the release is detected and cleaned up. The board shall consult with the petroleum industry and local governments to assess the appropriate test or tests that would comply with this subparagraph. (ii) Secondary containment components that are part of an emergency tank system may be tested using enhanced leak detection, if the test is performed at the frequency specified by the board for testing of secondary containment pursuant to Section 2644.1 of Title 23 of the California Code of Regulations. If the results of the enhanced leak detection test indicate that any component of the emergency tank system is leaking liquid or vapor, the owner or operator shall take appropriate actions to correct the leakage, and the owner or operator shall retest the system using enhanced leak detection until the system is no longer leaking liquid or vapor. (iii) Any tank or piping that is part of an emergency tank system and located within a structure as described in paragraph (2) of subdivision (a) of Section 25283.5 is exempt from the secondary containment testing required by clause (i) if the owner or operator conducts a visual inspection of the tank or piping each time the tank system is operated, but no less than monthly, and maintains a log of inspection results for review by the local agency. This clause does not apply if the board adopts regulations pursuant to Section 25299.3 that address the design, construction, upgrade, and monitoring of unburied tanks that are part of an emergency tank system. (C) Require annual testing of release detection sensors and alarms, including under-dispenser and pump turbine containment sensors and alarms. The board shall consult with the petroleum industry and local governments to assess the appropriate test or tests that would comply with this subparagraph. (5) (A) Require an owner or operator of an underground storage tank installed after July 1, 1987, if a tank is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, to have the underground storage tank system fitted, on or before July 1, 2001, with under-dispenser containment or a spill containment or control system that is approved by the board as capable of containing any accidental release. (B) Require all underground storage tanks installed after January 1, 2000, to have the tank system fitted with under-dispenser containment or a spill containment or control system to meet the requirements of subparagraph (A). (C) Require an owner or operator of an underground storage tank that is not otherwise subject to subparagraph (A), and not subject to subparagraph (B), to have the underground storage tank system fitted to meet the requirements of subparagraph (A), on or before December 31, 2003. (D) On and after January 1, 2002, no person shall install, repair, maintain, or calibrate monitoring equipment for an underground storage tank unless that person satisfies both of the following requirements: (i) The person has fulfilled training standards identified by the board in regulations adopted pursuant to this section. (ii) The person possesses a tank testing license issued by the board pursuant to Section 25284.4, or a Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or C-61 (D-40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board. (E) Loans and grants for the installation of under-dispenser containment or a spill containment or control system shall be made available pursuant to Chapter 6.76 (commencing with Section 25299.100). (6) Convene a panel of local agency and regional board representatives to review existing enforcement authority and procedures and to advise the board of any changes that are needed to enable local agencies to take adequate enforcement action against owners and operators of noncompliant underground storage tank facilities. The panel shall make its recommendations to the board on or before September 30, 2001. Based on the recommendations of the panel, the board shall also establish effective enforcement procedures in cases involving fraud. (b) On or before July 1, 2001, the Contractors State License Board, in consultation with the board, the petroleum industry, air pollution control districts, air quality management districts, and local governments, shall review its requirements for petroleum underground storage tank system installation and removal contractors and make changes, where appropriate, to ensure these contractors are qualified. (Amended by Stats. 2023, Ch. 207, Sec. 9. (AB 1716) Effective January 1, 2024.)
  193. 25284.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    The owner or operator of an underground storage tank with this kind of spill containment structure must test it every year.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25284.2. The owner or operator of an underground storage tank with a spill containment structure designed to prevent a release in the event of a spill or overfill while a hazardous substance is being placed in the tank shall annually test the spill containment structure to demonstrate that it is capable of containing the substance until it is detected and cleaned up. (Added by Stats. 2002, Ch. 999, Sec. 15. Effective January 1, 2003.)
  194. 25284.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    Tank integrity testing must be done by or under the direct supervision of a currently licensed tank tester, and anyone testing for hire in the state must get a license from the board.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25284.4. (a) All tank integrity tests required by this chapter or pursuant to any local ordinance in compliance with Section 25299.1 shall be performed only by, or under the direct and personal supervision of, a tank tester with a currently valid tank testing license issued pursuant to this section. No person shall engage in the business of tank integrity testing, or act in the capacity of a tank tester, within this state without first obtaining a tank testing license from the board. Any person who violates this subdivision is guilty of a misdemeanor and may be subject to civil liability pursuant to subdivision (g). (b) Any person proposing to conduct tank integrity testing within the state shall apply to the board for a tank testing license, and shall pay the appropriate fee established by the board. A license issued pursuant to this section shall expire three years after the date of issuance and shall be subject to renewal, except as specified in this section. If the tank tester fails to renew the tank tester’s license within three years of the license’s expiration date, the license shall lapse and the person shall apply for a new tank testing license and shall meet the same requirements of this section for a new applicant. A tank tester shall pay a fee to the board at the time of licensing and at the time of renewal. The board shall adopt a fee schedule for the issuance and renewal of tank testing licenses to cover the necessary and reasonable costs of administering and enforcing this section. (c) (1) The board may establish any additional qualifications and standards for the licensing of tank testers. Each applicant for licensing as a tank tester shall pass an examination specified by the board and shall have completed a minimum of either of the following: (A) One year of qualifying field experience by personally testing a number of underground storage tanks specified by the board. (B) Completed six months of field experience by personally testing a number of underground storage tanks specified by the board and have successfully completed a course of study applicable to tank testing that is satisfactory to the board. (2) The examination required by paragraph (1) shall, at a minimum, test the applicant’s knowledge of all of the following: (A) General principles of tank and pipeline testing. (B) Basic understanding of the mathematics relating to tank testing. (C) Understanding of the specific test procedures, principles, and equipment for which the tank tester will be qualified to operate. (D) Knowledge of the regulations and laws governing the regulation of underground storage tanks. (E) Proper safety procedures. (d) The board shall maintain a current list of all persons licensed pursuant to this section, including a record of enforcement actions taken against these persons. This list shall be made available to local agencies and the public on request. (e) A tank tester may be liable civilly in accordance with subdivision (g) and, in addition, may be subject to administrative sanctions pursuant to subdivision (f) for performing or causing another to perform, any of the following actions: (1) Willfully or negligently violating, or causing, or allowing the violation of, this chapter or any regulations adopted pursuant to this chapter. (2) Willfully or negligently failing to exercise direct and personal control over an unlicensed employee, associate, assistant, or agent during any phase of tank integrity testing. (3) Without regard to intent or negligence, using or permitting a licensed or unlicensed employee, associate, assistant, or agent to use any method or equipment that is demonstrated to be unsafe or unreliable for tank integrity testing. (4) Submitting false or misleading information on an application for license. (5) Using fraud or deception in the course of doing business as a tank tester. (6) Failing to use reasonable care, or judgment, while performing tank integrity tests. (7) Failing to maintain competence in approved tank testing procedures. (8) Failing to use proper tests or testing equipment to conduct tank integrity tests. (9) Any other action that the board may, by regulation, prescribe. (f) (1) The board may suspend the license of a tank tester for a period of up to one year, and may revoke, or refuse to grant or renew, a license and may place on probation, or reprimand, the licensee upon any reasonable ground, including, but not limited to, those violations specified in subdivision (e). The board may investigate any licensed tank tester after receiving a written request from a local agency. (2) The board shall notify the tank tester of any alleged violations and of proposed sanctions, before taking any action pursuant to this subdivision. The tank tester may request a hearing, or submit a written response within 30 days of the date of notice. Any hearing conducted pursuant to this subdivision shall be conducted in accordance with the hearing procedure specified in subdivision (g). After the hearing, or at a time after the 30-day response period, the board may impose the appropriate administrative sanctions authorized by this subdivision if it finds that the tank tester has committed any of the alleged violations specified in the notice. (g) (1) The board may impose civil liability for a violation of subdivision (a) or (e) in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code, in an amount that shall not exceed five hundred dollars ($500) for each day in which the violation occurs, except that the chief of the division of water quality of the board or any other person designated by the board shall issue the complaint to the violator. The complaint shall be issued based on information developed by board staff or local agencies. Any hearing on the complaint shall be made before the board, or a panel thereof, consisting of one or more board members. The decision of the board shall be final upon issuance and may be reviewed pursuant to Article 3 (commencing with Section 13330) of Chapter 5 of Division 7 of the Water Code within 30 days following issuance of the order. (2) Civil liability for a violation of subdivision (a) or (e) may be imposed by a superior court at the request of the board in an amount which shall not exceed two thousand five hundred dollars ($2,500) for each day in which the violation occurs. (h) Any fees or civil liability collected pursuant to this section shall be deposited in the Underground Storage Tank Tester Account which is hereby created in the General Fund. The money in this account is available for expenditure by the board, upon appropriation by the Legislature, for purposes of implementing the tank tester licensing program established by this section and for repayment of the loan made by Section 13 of Chapter 1372 of the Statutes of 1987. (i) A tank tester who conducts or supervises a tank or piping integrity test shall prepare a report detailing the results of the tank test and shall maintain a record of the report for at least three years, or as otherwise required by the board. The tank tester shall type or print his or her name and include his or her license number on the report and shall endorse the report under penalty of perjury by original signature. (Amended by Stats. 2002, Ch. 999, Sec. 16. Effective January 1, 2003.)
  195. 25285.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    A local agency generally must not issue or renew an underground storage tank operating permit in specified situations, and a permit issued under Section 25284 is effective for five years 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 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25285. (a) Except as provided in Section 25285.1, a permit to operate issued by the local agency pursuant to Section 25284 shall be effective for five years. This subdivision does not apply to unified program facility permits. (b) A local agency shall not issue or renew a permit to operate an underground storage tank to either of the following: (1) A person operating an underground storage tank while a red tag is affixed pursuant to Section 25292.3. (2) (A) Except as provided in subparagraph (B), a facility while that facility is subject to an enforcement action seeking to impose administrative liability, civil liability, or criminal liability, pursuant to this chapter or any regulation implementing this chapter, unless the underlying violation or violations that are the subject of that enforcement action have been corrected or otherwise resolved to the satisfaction of the local agency. (B) A local agency may, but is not required to, issue a permit or renew a permit for a facility, after consultation with the board, while that facility is subject to an enforcement action, as described in subparagraph (A), if the facility is appealing, petitioning, or otherwise seeking reconsideration of the enforcement action. (c) Except as provided in Section 25404.5, a local agency shall not issue or renew a permit to operate an underground storage tank to any person who has not paid the fee and surcharge required by Section 25287. (Amended by Stats. 2018, Ch. 721, Sec. 6. (AB 2902) Effective January 1, 2019.)
  196. 25285.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    A local agency may revoke or modify a permit for cause, and must revoke the permit if the owner or operator remains out of compliance three months after first becoming subject to the referenced article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25285.1. (a) A local agency may revoke or modify a permit issued pursuant to Section 25284 for cause, including, but not limited to, any of the following: (1) Violation of any of the terms or conditions of the permit. (2) Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts. (3) A change in any condition that requires modification or termination of the operation of the underground storage tank. (b) The local agency shall revoke the permit of an underground storage tank issued pursuant to Section 25284 if the owner or operator is not in compliance with Article 3 (commencing with Section 25299.30) of Chapter 6.75 on the date three months after the date on which the owner or operator of the tank first becomes subject to Article 3 (commencing with Section 25299.30) of Chapter 6.75. (Added by Stats. 1989, Ch. 1442, Sec. 3. Effective October 2, 1989.)
  197. 25286.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    Permit applications for underground storage tanks must be filed by the owner or operator, include the required fee unless an exception applies, and later changes or new hazardous substances must be reported or amended promptly.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25286. (a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner or operator of the tank, or, if there is a CUPA, by the owner or operator of the unified program facility on which the tank is located, on a standardized form provided by the local agency. Except as provided in Section 25404.5, the permit shall be accompanied by the appropriate fee, as specified in Section 25287. As a condition of any permit to operate an underground storage tank, the permittee shall notify the local agency, within the period determined by the local agency, of any changes in the usage of the underground storage tank, including the storage of new hazardous substances, changes in monitoring procedures, and if there has been any unauthorized release from the underground storage tank, as specified in Section 25294 or 25295. (b) (1) The local agencies shall provide the designee of the board with copies of the completed permit applications, using forms, an industry standard computer readable magnetic tape, diskettes, or any other form in a format acceptable to the board. (2) The board may enter into a contract with any designee of the board for the purpose of administering the underground storage tank permit data base, and reimburse the designee of the board, upon appropriation by the Legislature, for any costs determined by the board to have been necessary and incurred pursuant to this section, including programming, training, maintenance, actual data processing expenditures, and any incidental costs of the operation of the data base related to the permitting of underground storage tanks. In selecting a contractor pursuant to this paragraph, the board shall consider the fiscal impact upon local agencies of converting to the data base systems and procedures employed by that contractor. The permit application information required in subdivision (c) shall be stored in the data base. The designee of the board shall submit to the board a quarterly report, including any information required by the board concerning permit application data. Each local agency shall provide the designee of the board with a copy of the completed permit application within 30 days after taking final action on the application. (c) The application form shall include, but not be limited to, requests for the following information: (1) A description of the age, size, type, location, uses, and construction of the underground storage tank or tanks. (2) A list of all the hazardous substances which are or will be stored in the underground storage tank or tanks, specifying the hazardous substances for each underground storage tank. (3) A description of the monitoring program for the underground tank system. (4) The name and address of the person, firm, or corporation which owns the underground tank system and, if different, the name and address of the person who operates the underground tank system. (5) The address of the facility at which the underground tank system is located. (6) The name of the person making the application. (7) The name and 24-hour phone number of the contact person in the event of an emergency involving the facility. (8) If the owner or operator of the underground storage tank or the owner or operator of the unified program facility on which the tank is located is a public agency, the application shall include the name of the supervisor of the division, section, or office which owns or operates the tank or owns or operates the unified program facility. (9) The State Board of Equalization registration number issued to the owner of the tank pursuant to Section 50108.1 of the Revenue and Taxation Code. (10) If applicable, the name and address of the owner and, if different, the operator of the unified program facility on which the tank is located. (d) If an underground storage tank is used to store a hazardous substance which is not listed in the application, as required by paragraph (2) of subdivision (c), the permittee shall apply for a new or amended permit within 30 days after commencing the storage of that hazardous substance. (Amended by Stats. 1995, Ch. 639, Sec. 56. Effective January 1, 1996.)
  198. 25287.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    People applying to operate, renew, or amend an underground storage tank permit must pay a fee to the local agency, with a surcharge included, unless a specific waiver 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 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25287. (a) Except as provided in subdivision (c), a fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The governing body of the county, or a city which assumes enforcement jurisdiction, shall establish the amount of the fees at a level sufficient to pay the necessary and reasonable costs incurred by the local agency in administering this chapter, including, but not limited to, permitting and inspection responsibilities. The governing body may provide for the waiver of fees when a state or local government agency makes an application for a permit to operate or an application to renew a permit. (b) This fee shall include a surcharge, the amount of which shall be determined by the Legislature annually to cover the costs of the board in carrying out its responsibilities under this chapter and the costs of the local agency in collecting the surcharges. The local agency may retain 6 percent of any surcharge collected for costs incurred in its collection. The 6 percent of the surcharge retained by the local agency is the local agency’s sole source of reimbursement for the cost of collecting the surcharge. The local agency shall transmit all remaining surcharge revenue collected by the local agency to the board within 45 days after receipt pursuant to subdivision (a). The surcharge shall be deposited in the Underground Storage Tank Fund hereby created in the General Fund. The money in this account is available, upon appropriation by the Legislature, to the board for the purposes of implementing this chapter. (c) A local agency may waive the fee required by subdivision (a) for an underground storage tank which has a capacity of 5,000 gallons or less, which is located on a farm, and which contains motor vehicle or heating fuel used primarily for agricultural purposes, if the local agency finds that the fee will impose undue economic hardship upon the person applying for the permit. However, the local agency shall not waive the surcharge required under subdivision (b). (d) A county of the fifth class, as defined in Section 28020 of the Government Code as a county with a population of 1,000,000 and under 1,070,000, and any city located within that county, is exempt from the requirements of collecting or transmitting to the board the surcharge required to be included in fees paid to a local agency pursuant to this section. (e) This section does not apply in any jurisdiction in which a single fee system, which replaces the fee required by this section, has been implemented pursuant to Section 25404.5. (Amended by Stats. 1995, Ch. 639, Sec. 57. Effective January 1, 1996.)
  199. 25288.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    The local agency must inspect underground tank systems yearly, report the inspection, and may require a special inspector instead. The permitholder must use the special inspector if required and must file a response plan or explanation within 60 days after receiving the report.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25288. (a) The local agency shall inspect every underground tank system within its jurisdiction at least once every year. The purpose of the inspection is to determine whether the tank system complies with the applicable requirements of this chapter and the regulations adopted by the board pursuant to Section 25299.3, including the design and construction standards of Section 25290.1, 25290.2, 25291, or 25292, whichever is applicable, whether the owner or operator has monitored and tested the tank system as required by the permit, and whether the tank system is in a safe operating condition. (b) After an inspection conducted pursuant to subdivision (a), the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permitholder and the owner or operator, if the owner or operator is not the permitholder. Any report prepared pursuant to this section shall be consolidated into any other inspection reports required pursuant to Chapter 6.11 (commencing with Section 25404), the requirements listed in subdivision (c) of Section 25404, and the regulations adopted to implement the requirements listed in subdivision (c) of Section 25404. (c) In lieu of the annual local agency inspections, the local agency may require the permitholder to employ a special inspector to conduct the annual inspection. The local agency shall supply the permitholder with a list of at least three special inspectors that are qualified to conduct the inspection. The permitholder shall employ a special inspector from the list provided by the local agency. The special inspector’s authority shall be the same as that of the local agency as set forth in subdivision (a). (d) Within 60 days after receiving a compliance report or special inspection report prepared in accordance with subdivision (b) or (c), respectively, the permitholder shall file with the local agency a plan to implement all recommendations contained in the compliance report or shall demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. Any corrective action conducted pursuant to the recommendations in the report shall be taken pursuant to Sections 25296.10 and 25299.36. (Amended by Stats. 2003, Ch. 42, Sec. 5. Effective July 7, 2003.)
  200. 25289.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. )

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    Authorized representatives may inspect, monitor, and test underground tank systems, and tank owners or operators can be required to provide information and report testing results.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.7. Underground Storage of Hazardous Substances [25280 - 25299.8] ( Chapter 6.7 added by Stats. 1983, Ch. 1046, Sec. 3. ) ## 25289. (a) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any duly authorized representative of the local agency, the regional board, or the board has the authority specified in Section 25185, with respect to any place where underground tank systems are located, or in which records relevant to operation of an underground tank system are kept, and in Section 25185.5, with respect to real property which is within 2,000 feet of any place where underground tank systems are located. The authority conferred by this subdivision includes the authority to conduct any monitoring or testing of an underground tank system. (b) To carry out the purposes of this chapter or Chapter 6.75 (commencing with Section 25299.10), any authorized representative of the local agency, the regional board, or the board may require the owner or operator of an underground storage tank to, upon request, submit any information relevant to the compliance with this chapter or the regulations, to conduct monitoring or testing, and to report the results of that monitoring or testing under penalty of perjury. The burden of the monitoring, testing, and reporting, including costs, shall bear a reasonable relationship to the need for the monitoring, testing, and reporting. (Amended by Stats. 1996, Ch. 611, Sec. 2. Effective January 1, 1997.)

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