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0 0 <br />(K) The facility determines whether any unused treatability study sample or residues generated by the <br />treatability study are hazardous waste that are subject to Chapter 6.5 of Division 20 of the Health and <br />Safety Code, and division 4.5 of this title, and, if so, the facility handles the unused treatability study <br />sample or residues in accordance with Chapter 6.5 of Division 20 of the Health and Safety Code, and <br />division 4.5 of this title, unless the residues and unused treatability study samples are returned to the <br />treatability study sample originator, as specified in Health and Safety Code section 25158.2. <br />(L) The facility notifies the department by letter when the facility is no longer planning to conduct any <br />treatability studies at the site. <br />(M) All treatability studies shall be initiated within 60 days of the receipt of each treatability study <br />sample. <br />(2) The requirements of subdivision (e) of Health and Safety Code section 25162, and sections <br />66262.50, 66262.52, and 66262.53 of this title shall apply to a sample undergoing a treatability <br />study, including those activities of the laboratory or testing facility conducting the treatability study. <br />(g) controlled substances; <br />(1) A conditionally exempt controlled substance, as defined in paragraph (2) of this subsection, which <br />is managed in accordance with the requirements of paragraph (3) of this subsection, is not a waste for <br />purposes of this division or Health and Safety Code, division 20, chapter 6.5. <br />(2) For the purposes of this division, a conditionally exempt controlled substance is a "controlled <br />substance", as defined in section 11007 of the Health and Safety Code, which meets all of the <br />following conditions: <br />(A) the controlled substance is a discarded material (as defined in section 66261.2(b)) which is not <br />excluded from the definition of a "waste" (as defined in section 66261.2(a)), except pursuant to the <br />provisions of this subsection; <br />(B) the controlled substance is solely a non-RCRA hazardous waste, or the controlled substance or its <br />management is exempt or conditionally exempt from, or is not otherwise regulated pursuant to, <br />RCRA; <br />(C) the controlled substance was seized by a peace officer, as defined in section 830 of the Penal <br />Code, or a person exercising the powers of a peace officer pursuant to section 830.8 of the Penal Code <br />or otherwise authorized to exercise the powers of a peace officer pursuant to applicable federal laws; <br />and <br />(D) the controlled substance was seized from a site other than a clandestine laboratory, or the <br />controlled substance was seized from such a laboratory for use as evidence or as a sample for <br />purposes of testing. <br />(3) A conditionally exempt controlled substance shall be managed in accordance with the following <br />requirements: <br />(A) conditionally exempt controlled substances shall be held in containers which are managed in <br />accordance with the requirements of sections 66265.171, 66265.172, 66265.173 and 66265.177; <br />(B) conditionally exempt controlled substances shall be stored in an area: <br />1. with ventilation approved by the local fire department, <br />2. separate from controlled substances which are rot conditionally exempt pursuant to this subsection <br />and other chemicals seized from clandestine laboratories, and <br />3. under the control of employees of a federal, state or local law enforcement agency; <br />04 <br />*14 <br />