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Law section Page 4 of S
<br /> (viii) Viscosity adjustment.
<br /> (7) The material is a chlorofluorocarbon or hydrochlorofluorocarbon compound or a combination of
<br /> chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being reused or recycled, and is used in heat transfer
<br /> equipment, including, but not limited to, mobile air-conditioning systems, mobile refrigeration, and commercial and
<br /> industrial air-conditioning and refrigeration systems, used in fire extinguishing products, or contained within foam
<br /> products.
<br /> (e) Notwithstanding subdivisions (b), (c), and (d), all of the following recyclable materials are hazardous wastes
<br /> and subject to full regulation under this chapter, even if the recycling involves use, reuse, or return to the original
<br /> process as described in subdivision (b), and even if the recycling involves activities or materials described in
<br /> subdivisions (c)and (d);
<br /> (1) Materials that are a RCRA hazardous waste, as defined in Section 25120.2, used in a manner constituting
<br /> disposal, or used to produce products that are applied to the land, including, but not limited to, materials used to
<br /> produce a fertilizer, soil amendment, agricultural mineral, or an auxiliary soil and plant substance.
<br /> (2) Materials that are a non-RCRA hazardous waste, as defined in Section 25117.9, and used in a manner
<br /> constituting disposal or used to produce products that are applied to the land as a fertilizer, soil amendment,
<br /> agricultural mineral, or an auxiliary soil and plant substance.The department may adopt regulations to exclude
<br /> materials from regulation pursuant to this paragraph.
<br /> (3) Materials burned for energy recovery, used to produce a fuel, or contained in fuels, except materials exempted
<br /> under paragraph (1) of subdivision (c) or excluded under subparagraph (B), (C), or(D) of paragraph (2) of
<br /> subdivision (d).
<br /> (4) Materials accumulated speculatively.
<br /> (5) Materials determined to be inherently wastelike pursuant to regulations adopted by the department.
<br /> (f) Used or spent etchants, stripping solutions, and plating solutions that are transported to an offsite facility
<br /> operated by a person other than the generator and either of the following applies:
<br /> (A) The etchants or solutions are no longer fit for their originally purchased or manufactured purpose.
<br /> (B) If the etchants or solutions are reused,the generator and the user cannot document that they are used for their
<br /> originally purchased or manufactured purpose without prior treatment.
<br /> (7) Used oil, as defined in subdivision (a) of Section 25250.1, unless one of the following applies:
<br /> (A) The used oil is excluded under subparagraph (B) or(C) of paragraph (2) of subdivision (d), paragraph (4) of
<br /> subdivision (d),subdivision (b) of Section 25250.1, or Section 25250.3, and is managed in accordance with the
<br /> applicable requirements of Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations.
<br /> (B) The used oil is used or reused on the site where it was generated or is excluded under paragraph (3) of
<br /> subdivision (d), is managed in accordance with the applicable requirements of Part 279 (commencing with section
<br /> 279.1) of Title 40 of the Code of Federal Regulations, and is not any of the following:
<br /> (i) Used in a manner constituting disposal or used to produce a product that is applied to land.
<br /> (ii) Burned for energy recovery or used to produce a fuel unless the used oil is excluded under subparagraph (B) or
<br /> (C) of paragraph (2) of subdivision (d).
<br /> (iii) Accumulated speculatively.
<br /> (iv) Determined to be inherently wastelike pursuant to regulations adopted by the department.
<br /> (f) (1) Any person who manages a recyclable material under a claim that the material qualifies for exclusion or
<br /> exemption pursuant to this section shall provide, upon request, to the department, the California Environmental
<br /> Protection Agency, or any local agency or official authorized to bring an action as provided in Section 25180, all of
<br /> the following information:
<br /> (A) The name, street and mailing address, and telephone number of the owner or operator of any facility that
<br /> manages the material.
<br /> (B) Any other information related to the management by that person of the material requested by the department,
<br /> the California Environmental Protection Agency, or the authorized local agency or official.
<br /> (2) Any person claiming an exclusion or an exemption pursuant to this section shall maintain adequate records to
<br /> demonstrate to the satisfaction of the requesting agency or official that there is a known market or disposition for
<br /> the material, and that the requirements of any exemption or exclusion pursuant to this section are met.
<br /> (3) For purposes of determining that the conditions for exclusion from classification as a waste pursuant to this
<br /> section are met, any person, facility, site, or vehicle engaged in the management of a material under a claim that
<br /> the material is excluded from classification as a waste pursuant to this section is subject to Section 25185.
<br /> http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ion... 07/19/17
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