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Ms. Donna Heran <br /> September 25, 2008 <br /> Page 2 <br /> The law also prohibits anyone from transporting, delivering, or selling discarded major <br /> appliances to a scrap recycling facility unless one of three conditions is met: <br /> 1. the appliances have not been crushed, baled, shredded, sawed, <br /> sheared, or otherwise processed and the receiving scrap recycling <br /> facility has been certified by DTSC; or <br /> 2. the appliances have been crushed, baled, shredded, sawed, sheared or <br /> process processed in a manner that could result in the release, or <br /> prevent the removal of MRSH, and the person provides written evidence <br /> that all MRSH were removed from the appliances by a Certified <br /> Appliance Recycler (CAR) prior to processing; or <br /> 3. The appliances were found to already have MRSH removed (orphaned <br /> waste) and the person transporting the orphaned waste provided the <br /> accepting scrap facility with a copy of a valid photo identification as well <br /> as written certification (DTSC Form 1459) that they did not process or <br /> knowingly have someone else process the appliance. The accepting <br /> facility must then provide monthly reports to the Department and local <br /> CUPA detailing who and what has been recovered through this specific <br /> provision. <br /> The management requirements for each MRSH have remained unaffected by the new <br /> certification requirements. They can be found in the California Health & Safety Code, <br /> chapter 6.5, section 25211 et seq. and in the Public Resources Code, chapter 3.5, <br /> section 42160 et seq. <br /> Health and Safety Code section 25211.4(d) requires the CUPA to inspect the CAR <br /> facility "as soon as practicable", to determine whether the recycler is capable of <br /> properly removing and managing all MRSH from major appliances. In making this <br /> determination, the statute requires CUPAs to consider the working condition of the <br /> equipment, the technical ability of the employees, and the facility's compliance with <br /> existing law. <br /> Enclosed you will find a copy of the DTSC Fact Sheet entitled "AB 1447 (2007) <br /> Changes to the Appliance Recycling Program." I also encourage you to visit the <br /> DTSC's Certified Appliance Recycler (CAR) webpage at <br /> http://www.dtsc.ca.gov/HazardousVVaste/Mercury/Certified Appliance Recycler.cfm <br />