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Title 22 %,,,snvironmental Health Standards—Haza!±l este §66266.130 <br /> (e)As used in this chapter,"use in agriculture"means that a recyclable HISTORY <br /> material(either in its existing state or in processed products)is applied 1.New section filed 5-24-91;operative 7-1-91(Register 91,No.22). <br /> to the land m a fertilizer,soil amendment,agricultural mineral,or an aux- 2. Renumbering of former section 66266.112 to new section 66266.117 and <br /> iliary soil and plant substance,or is used to produce a food for domestic amendment of subsections (b)(3)(A)-(B) and(c)(1)-(2) and Nora filed <br /> livestock or wildlife. 7-1-96;operative 7-31-96(Register 96,No.27). <br /> NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25170, 58004 and 3.Amendment of subsection(b)(1),repealer of subsection(b)(2)and subsection <br /> 58012,Health and Safety Code.Reference:Sections 25143.2(a),25154,25155, renumbering, and amendment of subsection (c) filed 9-20-96; operative <br /> 25159.5 and 25170,Health and Safety Code. 10-20-96(Register 96,No.38). <br /> HISTORY <br /> 1.New section filed 5-24-91;operative 7-1-91(Register 91,No.22). <br /> 2.Renumbering of former article 8 to new article 8.5,renumbering of former sec- Article 9. Requirements for Management of <br /> don 66266.110 to new section 66266.115, and amendment of subsection Waste Elemental Mercury <br /> (c)(2)(B)and Nora filed 7-1-96;operative 7-31-96(Register 96,No.27). <br /> 3.Amendment of subsections(a)(1)and(b)and NOTA filed 9-20-96;operative <br /> 10-20-96(Register 96,No.38). <br /> §66266.120. Requirements. <br /> §66266.116. Transporter Requirements. (a)A person who handles waste elemental mercury which is a non- <br /> (a)A person who transports a recyclable material to a facility where RCRA hazardous waste shall comply with the following provisions with <br /> the material is to be used in its existing state or processed for use,in agri- respect to that mercury. <br /> culture,shall comply with all of the requirements of this division applica- (1)A person who stores in a container ten pounds or less of.waste ele- <br /> ble to a transporter of a hazardous waste with respect to the management mental mercury at the site of generation shall be exempt from the permit <br /> of such a material. requirements of this division. <br /> NOTE:Authority cited:Sections 25150,25159,25159.5,58004 and 58012,Health (2)A person who transports in a container ten pounds Or less of waste <br /> and Safety Code.Reference:Sections 25159.5,25160,25163 and 25170,Health elemental mercury to a resource recovery facility where mercury will be <br /> and Safety Code. recovered from that waste shall be exempt from the requirements for reg- <br /> HISTORY istration with the Department as a hazardous waste hauler and for the use <br /> 1.New section filed 5-24-91;operative 7-1-91(Register 91,No.22). <br /> 2. Renumbering of former section 66266.111 to new section 66266.116 and of a manifest even if the transporter is not the generator of the waste. <br /> amendment of Nore filed 7-1-96;operative 7-31-96(Register 96,No.27). (3)The operator of a facility which receives waste elemental mercury <br /> for the purpose of recovering mercury from that waste shall comply with <br /> §66266.117. Operator Requirements. all requirements of this chapter applicable to the operator of a hazardous <br /> (a)A person who operates a facility which meets either of the criteria waste facility except that the operator may accept ten pounds or less of <br /> in subsection(a)(1)or(a)(2)of this section shall comply with the require- mercury from a hauler who is not registered with the Department as ahaz- <br /> ments in subsection(b)of this section. rations waste hauler and that the operator does not have to complete a <br /> (1)At the facility,a recyclable material is to be used in its existing state manifest upon receipt of such quantity of mercury. <br /> in agriculture. NOTE:Authority cited:Sections 208 and 25150,Health and Safety Code.Refer- <br /> (2)At the facility,a product processed from a recyclable material at once: Sections 25117.9,25159.5,25160,25163,25170 and 25201,Health and <br /> Safety Code. <br /> a facility which is not licensed by the California Department of Food and HISTORY <br /> Agriculture is to be used in agriculture and the processed product is haz- 1.New section fried 5-24-91;operative 7-1-91(Register 91,No.22). <br /> anions under chapter 11 of this division. <br /> (b)A person who operates a facility described in subsection(a)of this <br /> section shall comply with the following: Article 10. Requirements for Management <br /> (1)all of the requirements of this division applicable to an operator of of Certain Oily Wastes <br /> a hazardous waste facility with respect to the management of such a ma- <br /> terial; <br /> (2)the additional requirements listed below. <br /> (A)An operator shall use arecyclable material in agriculture only after §66266.130. Management of Used Oil Filters. <br /> receipt of the documents required under section 66266.115(a)(3). (a)Used oil filters are to be managed as hazardous waste unless the <br /> (B)An operator shall use ti recyclable material in agrconditions of one of the following paragraphs are met: <br /> iculture only ht (1)The filters are characterized as being nonhazardous using proce- <br /> compliance with the information in the documents provided pursuant to dures identified in this division and applicable waste characterization <br /> section person <br /> 11 who <br /> op). procedures found in federal regulations or; <br /> (c) c person who operates a facility where a recyclable material used (2)The conditions of subsection(b)of this section are met and the fil- <br /> inagriculture is to be processed for such use,shall comply with all of the <br /> requirements of this division applicable to the operator of a hazardous ters are managed in compliance with the requirements of subsection(c) <br /> waste facility with respect to the handling and management of such a ma- of this section or; <br /> terial and shall comply with the additional requirements listed below. (3)The filters are generated by persons maintaining their own place <br /> (1)If the facility is not licensed by the California Department of Food of residence(i.e.,household waste)and such filters are taken to a collec- <br /> and Agriculture and the product processed from the recyclable material tion location(such as a service station,parts retailer,household waste <br /> is hazardous under chapter 11 of this division,the operator shall comply collection location, etc.)or picked-up by a curbside collection system <br /> with the requirements of this division as if the operator were the generator and transferred for purposes of recycling.The filters must be contained <br /> of a hazardous waste under section 66266.115(a)(1). after their initial acceptance or collection so as to capture used oil that <br /> (2)If the facility is licensed by the California Department of Food and may separate from them.Upon reaching a location where proper drain- <br /> Agriculture and the product processed from the recyclable material is age is practical,the filters shall be managed in accordance with subsec- <br /> hazardous under chapter 11 of this division,the operator shall be exempt tion(c)of this section. <br /> from the requirements of this division as they pertain to a generator of a (b)For the purposes of subsection(c)of this section,"used oil filters" <br /> hazardous waste under section 66266.115(a)(1). are defined as filters which contain a residue of used oil (as defined in <br /> NOTE:Authority cited:Sections 25150,25159,25159.5,58004 and 58012,Health Health and Safety Code Section 25250.1(a))and which are exempt from <br /> and Safety Code.Reference:Sections 14551 and 15051,Food said Agricultural regulation as a hazardous waste under the strep metal provision found in <br /> Code;Sections 25159.5,25170 and 25201,Health and Safety Code. federal law(40 CFR Section 261.6(a)(3)(iv)). <br /> Page 758.112(z)(15) Re WW 99,Nu.to;3-5-99 <br />