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Chapter 34. Alternative Management Standards for Treated Wood Waste § 67386.1. Scope (a) This chapter provides an alternative set of management standards in lieu of the requirements for hazardous waste pursuant to articles 6, 6.5, and 9, chapter 6.5, division 20, Health and Safety Code, and chapters 12, 13, 14, 15, 16, 18, and 20 of this division for a person managing treated wood waste (TWW). All other chapters of this division, and section 66264.101, chapter 14, division 4.5, title 22, apply to persons managing TWW. (b) Nothing in this chapter is a limitation on the power of this or any other governmental agency to adopt or enforce additional requirements related to the management of TWW. Note: Authority cited: Sections 25150, 25150.7, and 58012, Health and Safety Code. Reference: Sections 25150.7 and 25150.8, Health and Safety Code. History 1. New chapter 34 (sections 67386.1-67386.4) and section filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency language will be repealed by operation of law on the following day. 2. Editorial correction of History 1 (Register 2007, No. 17). 3. New chapter 34 (sections 67386.1-67386.4) and section refiled 4-23-2007 as an emergency; operative 4-30-2007 (Register 2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2007 or emergency language will be repealed by operation of law on the following day. 4. Repealer and new section and amendment of Note filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No.25). § 67386.2. Applicability (a) The alternative management standards of this chapter apply only to wood waste that meets all of the following: (1) is a hazardous waste pursuant to chapter 11 of this division; (2) is a hazardous waste solely due to the presence of a preservative in or on the wood that is registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use as a wood preservative; and (3) is not subject to regulation as a hazardous waste under the federal Resource Conservation and Recovery Act (RCRA). (b) The alternative management standards of this chapter do not apply to wood waste exempted from hazardous waste management standards pursuant to Health and Safety Code section 25143.1.5. (c) The following wood wastes are not eligible for the alternative management standards of this chapter: (1) wood waste that is hazardous due to the presence of coatings, paint, or other treatments that are not registered in accordance with FIFRA for use as a wood preservative; or (2) wood waste when designated to be burned. Note: Authority cited: Sections 25150, 25150.7, and 58012, Health and Safety Code. Reference: Sections 25143.1.5, 25150.7 and 25150.8, Health and Safety Code. History 1. New section filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency language will be repealed by operation of law on the following day. 2. Editorial correction of History 1 (Register 2007, No. 17). 3. New section refiled 4-23-2007 as an emergency; operative 4-30-2007 (Register2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2007 or emergency language will be repealed by operation of law on the following day. 4. Amendment of section heading, repealer and new section and amendment of Note filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section11343.4 (Register 2007, No. 25). § 67386.3. Prohibited Activities (a) TWW managed in accordance with the alternative management standards of this chapter shall not be: (1) burned; (2) scavenged; (3) commingled with other waste prior to disposal, if previously segregated; (4) stored in contact with the ground; (5) recycled, with or without treatment, except as provided for in subsection (c) (6) treated except in compliance with section 67386.10; and (7) disposed to land except in compliance with section 67386.11. (b) Any label or mark that identifies the wood waste as TWW shall not be intentionally removed, obliterated, defaced, or destroyed prior to disposal in a landfill. Ch. 34--1 Unofficial Title 22 © 2005 State of California, all rights reserved. May not be commercially reproduced or sold.6/9/08