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Department of Toxic Substances Control is <br /> Maureen F. Gorsen, Director Arnold Schwarzenegger <br /> Linda S.Adams 8800 Cal Center Drive <br /> Secretary for Environmental Governor <br /> Protection Sacramento, California 95826-3200 <br /> June 30, 2008 <br /> Mr. Randy Sawyer, Chair <br /> California CUPA Forum <br /> 3700 Chaney Court <br /> Carmichael, California 95608 <br /> Dear Mr. Sawyer: <br /> On February 8, 2005, Ms. Peggy Harris of the Department of Toxic Substances Control <br /> sent Mr. Michael Dorsey of the California Certified Unified Program Agency (CUPA) <br /> Forum a letter clarifying the universal waste inspection jurisdictions of CUPAs and the <br /> Department of Toxic Substances Control (DTSC). Specifically, the letter identified <br /> DTSC as the agency responsible for inspecting handlers of universal waste who accept <br /> universal wastes from other businesses, and CUPAs as responsible for inspecting <br /> universal waste generators. However, some CUPAs have recently expressed confusion <br /> regarding who is responsible for certain handlers, particularly non-SB 20/50 a-waste <br /> recyclers (those that do not participate in the California Integrated Waste Management <br /> Board's Covered Electronic Waste Program) and complaints against SB 20/50 and non- <br /> SB 20/50 offsite handlers of universal waste. <br /> California Code of Regulations, title 22, section 66273.10 defines a "universal waste <br /> handler' as a generator of universal waste, or the owner or operator of a facility that <br /> receives universal waste from other universal waste handlers.. The dual application of <br /> the term "handler" has lead to misunderstanding of the regulation of universal wastes. <br /> The statutes establishing and modifying the CUPA program's hazardous waste authority <br /> limits that authority to generators of hazardous waste, generators treating hazardous <br /> waste under a permit by rule, grant of conditional authorization, or grant of conditional <br /> exemption, and businesses handling perchlorate materials. Therefore, offsite handlers <br /> of universal waste (including those who do not participate in the SB 20/50 program) are <br /> not part of the CUPA's statutorily delegated responsibilities. <br /> ® Printed on Recycled Paper <br />