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<br />(3) the waste is not listed in article 4.1.
<br />r]
<br />(e) Notwithstanding subsections (a) through (d) of this section and provided the debris as defined in
<br />section 66260.10 of chapter 10 of this division does not exhibit a characteristic identified in article 3 of
<br />chapter 11, the following materials are not subject to regulation under chapters 10, 11 to 16, 18 or 20
<br />of this division;
<br />(1) Hazardous debris as defined in section 66260.10 of chapter 10 of this division that has been
<br />treated using one of the required extraction or destruction technologies specified in Table 1 of section
<br />66268.45; persons claiming this exclusion in an enforcement action will have the burden of proving by
<br />clear and convincing evidence that the material meets all of the exclusion requirements; or
<br />(2) Debris as defined in 66260.10 of chapter 10 of this division that the Department considering the
<br />extent of contamination, has determined is no longer contaminated with hazardous waste.
<br />Note: Authority cited: Sections 25141, 25150, 25159, 25159.5, 25179.6, 58004 and 58012, Health
<br />and Safety Code. Reference: Sections 25117, 25141, 25143.1, 25159, 25159.5 and 58012, Health
<br />and Safety Code; and 40 CFR Section 261.3.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />2. Amendment of subsection (a)(2)(D), new subsections (c)(3)(A)-(B), amendment of subsection
<br />(d)(1), new subsections (e) -(e)(2) and amendment of Note filed 10-24-94 as an emergency;
<br />operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by
<br />2-20-95 or emergency language will be repealed by operation of law on the following day.
<br />3. Amendment of subsection (a)(2)(D), new subsections (c)(3)(A)-(B), amendment of subsection
<br />(d)(1), new subsections (e) -(e)(2) and amendment of Note refiled 2-21-95 as an emergency; ,
<br />operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-
<br />21-95 or emergency language will be repealed by operation of law on the following day.
<br />4. Amendment of subsection (a)(2)(D), new subsections (c)(3)(A)-(B), amendment of subsection
<br />(d)(1), new subsections (e) -(e)(2) and amendment of Note refiled 6-19-95 as an emergency;
<br />operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by
<br />10-17-95 or emergency language will be repealed by operation of law on the following day.
<br />5. Amendment of subsection (a)(2)(D), new subsections (c)(3)(A)-(B), amendment of subsection
<br />(d)(1), new subsections (e) -(e)(2) and amendment of Note refiled 10-16-95 as an emergency;
<br />operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by
<br />2-13-96 or emergency language will be repealed by operation of law on the following day.
<br />6. Certificate of Compliance as to 10-24-94 order including amendment of subsections (c)(1)-(c)(3)(B)
<br />and (d)(1) -(e)(1) and amendment of Note transmitted to OAL 12-15-95 and filed 1-31-96 (Register
<br />96, No. 5).
<br />7. Change without regulatory effect amending subsections (c)(3)(A), (c)(3)(B), (d) and (e) filed 8-15-
<br />97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
<br />8. Amendment of subsections (a)(2)(A) and (a)(2)(E)5., new subsections (a)(2)(E)6., (a)(2)(E)7. and
<br />(c)(4), and amendment of Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
<br />9. Amendment filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).
<br />10. Change without regulatory effect amending subsection (a)(2)(A) filed 7-23-2010 pursuant to
<br />section 100, title 1, California Code of Regulations (Register 2010, No. 30).
<br />22 CCR § 66261.3, 22 CA ADC § 66261.3 1
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