COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

tsAKCLAVS CALIFORNIA CODE OFRF,GULATIONS Title 22 (b)No person shall create,manufacture,or produce from a hazardous lize the material himself forsuch agricultural use,the generator shall sub- waste,aproductwhichposes ahazard tohealth,safety orthe environment mit to the Department for approval the information required in subsec- under the circumstances of its intended use. tionsa 1 (A and a 1 B and/or(a)(1)(C)of this section at least 60 NmE:Authority cited:Sections 208 and 25150,Health and Safety Code.Refer- days beforehe intends to use the recyclable material. ence:Section 25170,Health and Safety Code. HisrORY (3)After receiving approval from the Department pursuant to subsec- 1.New section tiled 7-29-85;effective thirtieth day thereafter(Register 85,No. tion(c)of this section,the generator described in subsections(a)(1)(13)31)' ereaand/or(a)(1)(C)of this section shall transfer ownership of the recyclable 66616. Agricultural Use of Recyclable Materiel: material to another party only after he has received written confirmation Generator Requirements. that the recipient has received a copy of the information provided to the (a)Except as provided otherwise in subsection(c)(4)of this section, Department under subsection(0(1)of this section and a copy of the De- a person who generates a recyclable material which is to be used in its ex- partment's letter of approval obtained pursuant to subsection(c)of this isting state in agriculture as a fertilizer,soil amendment,agricultural min- section. eral,or auxiliary soil and plant substance,or as a food for domestic live- (b)Except as provided otherwise in Section 66798 of this chapter,a stock or wildlife,shall comply with the following: person who generates a recyclable material which is to be processed prior (1)If the recyclable material is to be transferred to another party for to use in agriculture as a fertilizer,soil amendment,agricultural mineral, oc such agicultural use,the generator shall comply with all of the require- or auxiliary soil and plant substance,as a food for domestic livestk or ments of this chapter applicable to a generator of a hazardous waste(ex- wildlife,shall comply with all of the requirements of this chapter(other cep(as provided otherwise in Section 66798 of this chapter)with respect than the requirements of subsection(a)of this section,unless the pro- to tfie handling and management of such a material,and shall comply cessed product is hazardous under Article 11 of this chapter and the pro- with the following additional requirements: cessor is not licensed by the California Department of Food and Agricul- (A)The generator shall submit to the Department for approval the fol- ture)applicable to a generator of a hazardous waste with respect to the lowing information at least 60 days before he intends to transfer owner- handling and management of such a material. ship of a recyclable material: (c) Upon receipt of the information required under subsection 1.A description of the sources,gencmi composition,and physical state (a)(1)(A)and either(a)(1)(B)and/or(a)(1)(C)of this section,the Depart- of the recyclable material; ment shall determine whether the application of the recyclable material 2.An assessment,consistent with the sources of the recyclable materi- or its processed product(if the product is hazardous under Article I 1 of al,of representative material from each of its sources showing the follow- this chapter and the processor is not licensed by the California Depart- mg: merit of Food and Agriculture)to land or its use as a food for animals a.Its hazardous characteristics pursuant to the criteria of Article 11 of would cause a potential hazard to health,safety,or the environment.The this chapter. Department shall act on the information submitted pursuant to subsection b.The concentrations of all substances listed in Sections 66696(a)(5) (a)(1)(A)and either(a)(1)(13)and/or(a)(1)(C)of this section as provided and66699ofthischapterandofallothcrsubstanceswhich,bythe criteria in Section 663 10(d)of this chapter. of Article 11 of this chapter are present at hazardous waste concentra- (1)If the Department determines that the application of the recyclable ?— tions; material to land or its use as a food foranimals would pose no such hazard, c.The total concentration of boron in boron-containing compounds, the Department shall send to the generatororprocessora letterof approv- and the total concentrations of nitrate,phosphate,and sulfate. al to use the material in agriculture. (B)If the recyclable material is to be applied to soil or other growing (2)The Department's approval shall be effective until the earliest of medium,the generator shall submit to the Department for approval,at the the following dates: same time as he submits the information required in subsection(a)(1)(A) (A)An expiration date specified in the Department's letter of approv- of this section,a letter from an agronomist certified by the American So- al' ciety of Agronomy stating for the recyclale material and each source (B)The date that any of the information submitted to the Department thereof: by)he generator or the processor pursuant to subsection(a)(1)of this sec- 1.That application of the recyclable material to soil or other growing tion or Section 66820(b)(1)of this chapter,respectively,changes signifi- medium will enhance the agricultural productivity of the soil orotherme- cantly. dium; (C)The date five years after the date of the Department's letter of ap- 2.That major and minorconstituents in the recyclable material will not proval;or prove to be detrimental to agricultural use of the soil or other medium; (D)The date that the Department suspends or revokes the letterof ap- 3.That conditions and/or restrictions,if any,should be placed on the proval for cause. use of the recyclable material with respect to rates and frequencies of (3)If the Department determines that the application of the recyclable application,concentrations and compatibilities when mixed with other material to land or its use as a food for animals would pose such a hazard, materials in formulated fertilizers or soil amendments or when applied the Department shall send to the generator or processor written denial of in conjunction with othe,-such materials,types and chemical composi- approval to use the material in agriculture and the reasons for that denial. tions of soils on which it is used,and kinds of crops for which it should (4)The Department shall deny the use of any of the following materials be used or not used. in agriculture without prior processing to eliminate the constituents or (C)If the recyclable material is to be used as food for domestic live- characteristics that qualify the material as one of the following: stock or wildlife,the generator shall submit to the Department for ap- (A)A material which is an extremely hazardous waste under Article proval at the same time as he submits the information required in subsec- 11 of this chapter. tion(a)(1)(A)of this section,a statement underpenalty of perjury that the (B)A material which is a restricted waste under Article 15 of this chap- recyclable material meets the requirements for commercial feeds con- ter' taining drugs,food additives,or harmful substances established by the (C)A material which meets a characteristic established by,and/or is California Department of Food and Agriculture in Articles 2 and 9 of listed by,the United States Environmental Protection Agency pursuant Group 2, Subchapter 2,Chapter 4,Title 3, California Administrative to Public Law 94-580,as amended(the Resource Conservation and Re- Code. covery Act of 1976,42 U.S.C.6901 et seq.). (2)If the ownership of the recyclable material is not to be transferred (d)No person shall use a recyclable material in agriculture or transfer to another party for such agricultural use,but the generator intends to uti- such a material to another party for use in agriculture,as a fertilizer,or Page 688 (4-1-90)