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10/9/2017 Hazardous Waste Fee Health and Safety Code-Sec.25143.5 <br /> Laws, Regulations & Annotations <br /> BTLG Table of Contents(../../business-taxes-law-guide.html)>Hazardous Waste Fee Health BUSINESS TAXES LAW GUIDE— <br /> and Safety Code(hazardous-waste-fee.html)>Chapter 6.5(hwf-ch6-5.html)>Section 25143.5 REVISION 2017 <br /> Hazardous Waste Fee Health and Safety Code <br /> CHAPTER 6.5 HAZARDOUS WASTE CONTROL <br /> ARTICLE 4. LISTINGS <br /> SECTION 25143.5 <br /> 25143.5. Nonhazardous waste; emission control residues; classification; grounds; <br /> exemption from chapter; notice by operator of changes in waste in process. (a) Except as <br /> provided in subdivision (d), (e), and (f), the department shall classify as nonhazardous waste any fly <br /> ash, bottom ash, and flue gas emission control residues, generated from a biomass combustion <br /> process, as defined in subdivision (g), if the combustion process will be adequately monitored and <br /> controlled so as to prevent the handling or the disposal of any waste in a manner prohibited by law, <br /> unless the department determines that the ash or residue is hazardous, by testing a representative <br /> sample of the ash or residue pursuant to criteria adopted by the department. <br /> (b) The fly ash, bottom ash, and flue gas emission control residues which are classified as <br /> nonhazardous by the department are exempt from this chapter. <br /> (c)An operator of a biomass facility which converts biomass into energy for which the department <br /> has classified the ash or residue as hazardous shall notify the department whenever there has been a <br /> significant change in the waste entering the combustion process, the combustion process itself, or in <br /> the management of the ash or residues generated by the facility. An operator of a biomass facility <br /> which converts biomass into energy for which the department has classified the ash or residue as <br /> nonhazardous shall notify the department when there has been a significant change in the waste <br /> entering the combustion process or in the combustion process itself. <br /> (d) For the purpose of classifying fly ash, bottom ash, and flue gas emission control residues <br /> generated by the combustion of municipal solid waste in a facility for which the department classified <br /> as nonhazardous on or before January 1, 1985, the sampling of the ash or residue for purposes of <br /> classification by the department shall occur at the point in the process following onsite treatment of <br /> the ash or residue. <br /> (e) Notwithstanding any other provision of law, this section applies only to fly ash, bottom ash, and <br /> flue gas emission control residues which are not RCRA hazardous waste. <br /> (f) Notwithstanding any other provision of law, the test specified in the regulations adopted by the <br /> department with regard to a waste exhibiting the characteristic of corrosivity if representative samples <br /> of the waste are not aqueous and produce a solution with a pH that is less than, or equal to, two or <br /> greater than or equal to, 12.5, as specified in paragraph (3) of subdivision (a) of Section 66261.22 of <br /> Title 22 of the California Code of Regulations, as that section read on January 1, 1996, shall not apply <br /> to ash generated from a biomass combustion process that is managed in accordance with applicable <br /> regulations administered by the California regional water quality control board, is used beneficially in a <br /> http://www.boe.ca.gov/lawguides/business/current/btlg/vol4/hwf/hwf-25143-5.html 1/2 <br />