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546
<br />lencethat he or she is a
<br />rtify, on a form prepared
<br />facility at the time of the
<br />ire special handling have
<br />want to subdivision (a) of
<br />im shall include, but not
<br />certificate number, the
<br />generator identification
<br />�pliances included in the
<br />he materials that require
<br />ved from the appliances
<br />iances.have been crushed,
<br />appliance recycler, the
<br />and types of appliances
<br />call not apply.
<br />d appliance recycler may
<br />,jet appliances to a scrap
<br />,cling facility is a certified
<br />.f the following conditions
<br />crushed, baled, shredded,
<br />irocessed in such a manner
<br />prevent the removal, of
<br />shed, baled, shredded, or
<br />rrocessedin such a manner
<br />prevent the removal, of
<br />and that person does one
<br />,cility with a written certifi
<br />ction, that identifies any
<br />lg that have .been removed
<br />all of these materials were
<br />der Section 25211.1. The
<br />ante recycler or appliance
<br />r, the appliance recycler or
<br />ous waste generator iderin
<br />Cis of appliances included in
<br />which the materials that
<br />:moved from the appliance!
<br />Cat issued identification and,
<br />re scrap recycling facility his
<br />,tuber, and written certifica
<br />lance in its current condition
<br />arrange to have it processed
<br />from any other person who
<br />irocessed. That person shall
<br />if the person from whom tk
<br />a the written certification the
<br />ilable.
<br />ap recycling facility by a lora
<br />:re generated as part of th'
<br />mt activities are exempt her
<br />taccepts appliances porn°'"
<br />(2) of subdivision (b) shill
<br />taliment and the local CUPd
<br />by the scrapfacility, the °amt
<br />sported, delivered, or sold ttl
<br />fifty.
<br />aces received pursuant to th
<br />aph (B) of paragraph (2)�
<br />?007, C. 709 (A.B.1447), §
<br />0
<br />547 MISCELLANEOUS
<br />Cross References
<br />0
<br />PROVISIONS—HAZARDOUS MATERIALS § 25211.4
<br />Department defined for purposes of this Chapter, see Health and Safety
<br />Code § 25111 -
<br />Boarding defined for purposes of this Chapter, see Health and Safety
<br />Code§ 25116.
<br />Hazardous waste defined for purposes of this Chapter, see Health and
<br />Safety Code § 25117.
<br />person defined for purposes of this Chapter, see Health and Safety Code
<br />§ 25118.
<br />Recycling defined for purposes of this Chapter, see Health and Safety
<br />Code § 25121.1.
<br />Waste defined for Purposes of this Chapter, see Health and Safety Code
<br />g 25124.
<br />§ 25211.3. Recordkeeping by certified appliance recyclers and
<br />others
<br />A'certiied appliance recycler, and any person who is not a
<br />Carted appliance recycler who is subject to subdivision (b) of
<br />section 25211.2, shall retain onsite records demonstrating com-
<br />pliance with applicable requirements of this article and Section
<br />42175 of the Public Resources Code. The records shall, be
<br />retained for three years and shall be made available; ,for
<br />inspection, upon the request of a representative of.the depart-
<br />ment or a CUPA. The records shall be retained, after that three-
<br />year period, during the course of an unresolved enforcement
<br />action or as requested by the department or CUPA. The records
<br />shall include, but not be limited to, all of the following
<br />information: -
<br />(a) The amount, by volume or weight or both of each material
<br />that required special handling.
<br />(h) The method used by the appliance recycler to recycle,
<br />dispose of, or otherwise manage each material that required
<br />special handling, including the name and address of the facility
<br />to which each material was sent.
<br />(c) The number and types of appliances from which materials
<br />that require special handling are removed each year.
<br />(d) The reports required pursuant to subdivision .(c) of
<br />Section 25211.2. (Added by.Stats.2004, c. 880 (A.B.2277), § 5.
<br />Amended by Stats. 2007, C. 709 (A.B. 1447), § 5.)
<br />Cross References
<br />Certified Unified program Agency or CUPA defined for purposes of this
<br />Chapter, see Health and Safety Code § 25123.7.
<br />Department defined for purposes of this Chapter, see Health and Safety
<br />Code § 25111.
<br />Handling defined for purposes of this Chapter, see Health and Safety
<br />Code§ 25116.
<br />Person defined for purposes of this Chapter, see Health and Safety Code
<br />§ 25118.
<br />§ 25211.4. Application to operate. as certified appliance recy-
<br />cler, contents and information to be .provided; certificate
<br />(a) On and after January 1, 2008, a person wishing to operate
<br />CS a certified appliance recycler, except a person having a
<br />certification issued before January 1, 2008, until that certification
<br />expires, shall submit an initial or a renewal application to the
<br />department and obtain or renew certification from the depart-
<br />ment pursuant to this section. The department shallmake
<br />available on its Internet Web site an application for certification
<br />as a certified appliance recycler that requires all of the following:
<br />(1) The business time under which the appliance recycler
<br />operates, the telephone number, the physical address and
<br />mailing address, if different, and the business owner's name,
<br />address, and telephone number. ,
<br />(2) A hazardous waste generator identification number issued
<br />by the department pursuant to this chapter.
<br />(3) A statement indicating that the applicant has either filed
<br />an application for stormwater permit or is not required to
<br />obtain a stormwater permit.
<br />(4) A statement indicating that the applicant has either filed a
<br />hazardous materials business plan or is not required to file the
<br />plan.
<br />(5) The tax identification number assigned by the Franchise
<br />Tax Board.
<br />(6) A copy of a business license and any conditional use
<br />permits issued by the appropriate city or county.
<br />(7) A description of the ability of the applicant to properly
<br />remove and manage all materials that require special handling,
<br />including, but not limited to, a technical description of how each
<br />material requiring special handling will be removed and a
<br />description of how each material requiring special handling will
<br />be managed by the applicant consistent with applicable laws.
<br />(8) Any other information that the department may deter-
<br />mine to be necessary to carry out this article.
<br />(b) A person wishing to operate as a certified appliance
<br />recycler shall submit to the department, under penalty of perjury,
<br />the information required pursuant to subdivision (a). The
<br />department shall review the application for completeness and,
<br />upon determining that the application is complete and meets the
<br />requirements of this section, shall issue a numbered certificate to
<br />the applicant. The department shall notify an applicant whose
<br />application fails to meet the requirements for certification of the
<br />reason why the department denied the certification. The
<br />department may revoke or suspend a certification issued pursu-
<br />ant to this section, in accordance with the procedures specified in
<br />Sections 25186.1 and 25186.2, for any of the grounds specified in
<br />Section 25186.
<br />(c) The certificate issued by the department shall include the
<br />issuance date and the expiration date, which shall be three years
<br />after the issuance date. A person whose certification has
<br />expired, and who has not applied for and obtained a new current
<br />certification,. is no longer a certified appliance recycler and may
<br />no longer operate as a certified appliance recycles
<br />(d) Upon issuance of a certificate, the department shall
<br />transmit the application and certification of the certified appli-
<br />ance recycler to the certified uniform program agency in whose
<br />jurisdiction the person is located, which shall, as soon as is
<br />practicable, inspect the certified appliance recycling facility to
<br />determine whether the recycler is capable of properly removing
<br />and managing materials that require special handling from major
<br />appliances. In making the determination, the certified uniform
<br />program agency shall consider various factors, including, but not
<br />limited to, the working condition of equipment used to remove
<br />the materials, the technical ability of employees of the business
<br />tooperatethe equipment proficiently, and the facility's compli-
<br />ance with existing applicable laws. (Added by Stats.2007, c. 709
<br />(A.B.1447), § 7.) -
<br />Cross References
<br />Applicant defined for purposes of this Chapter, s
<br />Code § defined
<br />Business defined for purposes of this Chapter, see F
<br />§ 25110.5.
<br />,
<br />Department defined for purposes of this Chapter,
<br />Code§ 25111.
<br />Handling defined for purposes of this Chapter,
<br />Code § 25116.
<br />J �1
<br />Hazardous waste defined for purposes of this Ch
<br />Safety Code§ 25117.
<br />License defined for purposes of this Chapter, see F
<br />§ 25117.10.
<br />Person defined for purposes of this Chapter, see F
<br />§ 25118.
<br />
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