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Title 22 Environmental Health §66822 soil amendment, agricultural mineral, or auxiliary soil and plant sub- specs to the handling and management of such a material and shall com- stance,as a food for domestic livestock or wildlife without obtaining a ply with the additional requirements listed below: letter of approval from the Department pursuant to subsection(e)of this (1)If the facility is not licensed by the California Department of Food section prior to such use ortransfer,unless the material isto be transferred and Agriculture and the product processed from the recyclable material to the operatorof a facility where it will be processed for such agricultural is hazardous under Article 1 1 of this chapter,the operator shall comply use pursuant to a valid license issued by the California Department of with the requirements of this chapter as if he were the generator of a haz- Food and Agriculture. ardous waste under Section 66HI6(a)(1)of this chapter. Non::Authority cited:Sections 208,24143,25150,25154,25155,25159.5 and (2)If the facility is licensed by the California Deparunent of Food and 25170.I lealth and Safety Code.Reference:Sections 25143,25159.5 and 25170, Agriculture and the product processed from the recyclable material is I ealth and Safety Code. hazardous under Article I 1 of this chapter,the operator shall be exempt Htei'ORY 1.New section filed 7-29-85;effective thirtieth day thereafter(Register 85,No. from the requirements of this chapter as they pertain to a generator of a 31) hazardous waste under Section 66816(a)(1)of this chapter. No-m Authority cited:Sections 208,25143,25150 and 25170,Health and Safety §66818. Agricultural Use of Recyclable Material: Cale.Reference:Section 25170,Health and Safety Cale. HisroKv Transporter Requirements. 1.New section filed 7-29-85;effective thirtieth day thereafter(Register 85,No. (a)A person who transports a recyclable material to a facility where 31), the material is to be used in its existing state,or processed for use,in agri- culture as a fertilizer,soil amendment,agricultural mineral,or auxiliary soil and plant substance or as a food for domestic livestock or wildlife, §66822' Management of Spent Lead-Acid Storage shall comply with all of the requirements of this chapter applicable to a Batteries. rt- (a)A person who handles or manages spent lead-acid storage batteries transporter of a hazardous waste with respect to the handling and ma or their components shall comply with all o agement of such a material, except as provided otherwise in Section f the requirements of this chapter pertaining to the handling or management of a hazardous waste, 66800 of this chapter. unless the person is specifically exempted in Sections 66798,66800,or Non_:Authority cited:Sections 208 and 25150.Health and Safety Code.Refer- once:Sections 25160,25163 and 25170,Health and Safety Code. 66802 of this chapter or in the following provisions of this section. HISTORY (1) Except as provided in subsection(a)(2)of this section,a person 1.New section filed 7-29-85;effective thirtieth day thereafter(Register 85,No. who handles or manages spent lead-acid storage batteries which are 31). equivalent in type and equivalent to,or smaller in size than,spent lead- acid storage batteries removed from motor vehicles as defined in See- §66820. Agricultural Use of Recyclable Material:Operator tions 415 and 670 of the Vehicle Code shall comply with the applicable Requirements. requirements of subsections(a)(3)through(d)of this section. (a)A person who operates a facility which meets one or both of the cri- (2)A person(e.g.,automobile owner,service station operator,retail teria in subsection(a)(1)and/or(a)(2)of this section shall comply with store operator)who generates in one year,stores at one time,or transports the requirements in subsection(b)of this section. at one time in one vehicle ten or fewer spent lead-acid storage batteries (1)At the facility,a recyclable material is to be used in its existing state which either have been removed from motor vehicles as defined in Sec- in agriculture as a fertilizer,soil amendment,agricultural mineral,or aux- Lions 415 and 670 of the Vehicle Code,or are equivalent in type and iliary soil and plant substance,or as a food fordontestic livestock or wild- equivalent to,or smaller in size than,such batteries,shall be exempt,from Iife the requirements of this chapter pertaining to the generation,storage,and (2)At the facility,a product processed from a recyclable material at transportation of a hazardous waste with respect to the handling and man- a facility which is not licensed by the California Department of Food and agement of such batteries,provided that the person intends to or does Agriculture is to be used in agriculture as a fertilizer,soil amendment, transfer the batteries to a person who stores the batteries or who recycles, agricultural mineral,or auxiliary soil and plant substance,or as a food for uses,reuses or reclaims the batteries. domestic livestock or wildlife,and the processed product is hazardous (3)A person who transfers spent lead-acid storage batteries to a person under Article 1 1 of this chapter. described in subsection(a)(4)of this section shall be exempt from the re- (b)A person who operates a facility described in subsection(a)of this quirements of this chapter pertaining to the generation, storage, and section shall comply with the following: transportation of a hazardous waste with respect to the handling and man- (1)All of the requirements of this chapter applicable to an operator of agement of such batteries. a hazardous waste facility with respect to the handling and management (4) Except as provided in subsection(a)(5)of this section,a person of such a material,except as provided otherwise in Section 66802 of this who accepts spent lead-acid storage batteries in exchange or partial ex- chapter. change for operable lead-acid storage batteries shall be exempt from the (2)The permit requirements of Section 66810 of this chapter in lieu requirements of this chapter pertaining to the generation and storage of of the permit requirements of Sections 66806 or 66808,or of Article 4 a hazardous waste with respect to the handling and management of such of this chapter. batteries,unless: (3)The additional requirements listed below: (A)The person stores more than one ton of such batteries at any one (A)An operator shall use a recyclable material in agriculture only after location for more than 180 days;or receipt of die documents required under Section 66818(a)(2)(A)of this (13)The person stores one ton or less of such batteries at any one loca- chapter. tion for more than one year,or (11)An operator shall use a recyclable material in agriculture only in (C)The person removes the electrolyte. compliance with the information in the documents provided pursuant to (5)Except as provided otherwise in subsection(a)(3)and(a)(4)of this Section 66818(a)(2)(A)of this chapter. section,a person who generates spent lead-acid storage batteries shall be (c)Except as provided otherwise in Section 66802 of this chapter,a exempt from the requirements of this chapter pertaining to the generation person who operates a facility where a recyclable material is to be pro- and storage of a hazardous waste with respect to the handling and man- cessed for use in agriculture as a fertilizer,soil amendment,agricultural agement of such batteries,except as follows: mineral,or auxiliary soil and plant substance,or as a food for domestic (A)The generator shall use either the Hazardous Waste Manifest or livestock or wildlife,shall comply with all of the requirements of this a bill of lading which fulfills the requirements of Section 1161,Title 13, chapter applicable to the operator of a hazardous waste facility with re- California Code of Regulations,torecord the shipment of spentlead-acid Page 689 (4-1-90)