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Title 26 Departrnent of Health Services §22-.66261.4
<br /> (D)it is a mixture of ahazardous waste that is listed in article 4 of this (1)in the case of a waste listed in article 4 of this chapter,when the
<br /> chapter other than a hazardous waste listed with hazard code(T)or(H), waste first meets the listing description set forth in article 4 of this chap-
<br /> and another waste,unless the resultant mixture no longer exhibits any ter,
<br /> characteristic of hazardous waste identified in article 3 of this chapter, (2)in the case of a mixture of waste and cue or more hazardous wastes
<br /> (E)it is a mixture of a waste and one or more hazardous wastes listed listed in article 4of this chapter,when the hazardous waste listed in article
<br /> in article 4 of this chapter which has not been excluded by the USEPA 4 of this chapter is first added to the waste.
<br /> Administrator from 40 CFR Part 261 Subpartl)pursuant to 40 CFR sec- (3)In the case of any other waste(including a waste mixture),when
<br /> tions 260.20 and 260.22.However,the following mixtures of wastes and the waste exhibits any of the characteristics identified in article 3 of this
<br /> hazardous wastes listed in article 4 of this chapter are not hazardous chapter.
<br /> wastes(except by application of subsection(a)(2XA)or(a)(2)(B)of this (c)(1)Ahazardons waste will remain ahazardous waste unless andun-
<br /> section) if the generator can demonstrate that the mixture consists of til it meets the criteria of subsection(d)of this section.Except as other-
<br /> wastewater,the discharge of which is subject to regulation under either wise provided in subsection(c)(2)of this section,any waste generated
<br /> section 402 or section 307(b)of the Clean Water Act(including wastewa- from the treatment,storage,or disposal of a hazardous waste,including
<br /> ter at facilities which have eliminated the discharge of wastewater),and any sludge,spill residue,ash,emission control dust or leachate including
<br /> 1. one or more of the following spent solvents listed in section precipitation rum-off is a hazardous waste.(However,materials that are
<br /> 6626131—carbon tetrachloride,tetrachloroethylene,trichoroethylene reclaimed from wastes and that are used beneficially are not wastes and
<br /> —provided,that the maximum total weeklyusage of these solvents(oth- hence are nothazardous wastes under this provision unless the reclaimed
<br /> er than the amounts that can be demonstrated not to be discharged to material is burned for energy recovery or used in a manner constituting
<br /> wastewater)divided by the average weekly flow of wastewater into the disposal.)
<br /> headworks of the facility's wastewater treatment or pretreatment system (c)(2)Waste pickle liquor sludge generated by lime stabilization of
<br /> does not exceed 1 part per million;or spent pickle liquor from the iron and steel industry(SIC Codes 331 and
<br /> 2. one or more of the following spent solvents listed in section 332)is nothazardous even though it is generated from the treatment,stor-
<br /> 66261.31—methylene chloride,1,1,1-trichloroethane,chlorobenzene, age,or disposal of a hazardous waste,unless it exhibits one or more of
<br /> o-dichlorobenzene,cresols,cresylic acid,nitrobenzene,toluene,methyl the characteristics of hazardous waste.
<br /> ethyl ketone,carbon disulfide,isobutanol,pyridine,spent chlorofluoro- (d)Except as provided in subsection(e)of this section,any waste de-
<br /> carbon solvents—provided that the maximum total weekly usage of scribed insubsection(c)ofthis section isnot ahazardouswaste ifitmeets
<br /> these solvents(other than the amounts that can be demonstrated not to be both of the following criteria:
<br /> discharged to wastewater)divided by the average weekly flow of waste- (1)the waste does not exhibit any of the characteristics of hazardous
<br /> water into the headworks of the facility's wastewater treatment or pre- waste identified in article 3 of this chapter,and
<br /> treatment system does not exceed 25 parts per million;or (2)in the case of a waste which is a waste listed in article 4 of this chap-
<br /> 3.heat exchanger bundle cleaning sludge from the petroleum refining ter,contains a waste listedunder article 4of this chapteror is derived from
<br /> industry(EPA Hazardous Waste No.K050);or a waste listed in article 4 of this chapter(but not including precipitation
<br /> 4.a discarded commercial chemical product,or chemical intermediate rum ofd,the waste also has been excluded by the USEPA Administrator
<br /> listed in section 66261.33 arising from"de min imis"losses of these mate- from the lists of hazardous wastes in 40 CFR Part 261 Subpart D pursuant
<br /> rials from manufacturing operations in which these materials are used as to 40 CFR sections 260.20 and 260.22.
<br /> raw materials or are produced in the manufacuhringprocess.For purposes Nom Authority cited Sections 208,25141,25150 and 25159,Health and Safety
<br /> of this subsection,"de minimis"losses include those foomnormalmateri- Code.Reference:Sections 25117,25141,25159 and 251595,Health and Safety
<br /> al handling operations(e.g.,spills from the unloading or transfer of mate- Code and 40 CFR Section 261.3.
<br /> rials from bins or other containers,leaks from pipes,valves or other de- Hismity
<br /> vices used to transfer materials); minor leaks of process equipment, 1.New section filed 5-24-91;effective 7-1-91(Register 91,No.22).
<br /> storage tanks or containers;leaks from well--maintained pump packings
<br /> and seals; sample purgings;relief device discharges; discharges from §22-66261.4. Exclusions.
<br /> safety showers and rinsing and cleaning of personal safety equipment (a) Materials which are not wastes.The following materials are not
<br /> and rinsate from empty containers or from containers that are rendered wastes for the purpose of this chapter.
<br /> empty by that rinsing;or (1)industrial wastewater discharges that are point source discharges
<br /> 5. wastewater resulting from laboratory operations containing toxic subject to regulation under section 402 of the federal Clean Water Act,
<br /> M wastes listed in article 4 of this chapter,provided that the annualized as amended(33 U.S.C.section 1342).This exclusion applies only to the
<br /> average flow of laboratory wastewater doesnotexceed one percent of to- actual point source discharge.It does not exclude industrial wastewaters
<br /> tal wastewater flow into the headworks of the facility's wastewater treat- while they are being collected,stored or treated before discharge,nor
<br /> ment or pretreatment system,or provided the wastes,combined annual- does it exclude sludges that are generatedby industrial wastewater treat-
<br /> ized average concentration does not exceed one part per million in the ment;
<br /> headworks of facility's wastewater treatment or pretreatment facility. (2)source,special nuclear or by-product material as defined by the
<br /> Toxic M wastes used in laboratories that are demonstratednot to be dis- federal Atomic Energy Actof 1954,as amended,(42 U.S.C.section 2011
<br /> charged to wastewater are not to be included in this calculation; et seq.);
<br /> (F)it is not classified as ahazardous wasteby application of the criteria (3)spent sulfuric acid used to produce virgin sulfuric acid,unless it is
<br /> in subsections(a)(2)(A)through(a)(2)(E)of this section,but has been accumulated speculatively as defined in section 66260.10.
<br /> classified as a hazardous waste by the Department because it otherwise (b)Wastes which are nothazardous wastes.The following wastes are
<br /> conforms to the definition of hazardous waste set forth in Health and not hazardous wastes:
<br /> Safety Code section 25117. (1)infectious waste which consists solely of the carcasses of animals,
<br /> (b)A waste which isnotexcluded from classification as a waste orhaz- which is not otherwise hazardous,and which is handled,stored and dis-
<br /> ardous waste under the provisions of section 66261.4(b)or Health and posed of according to all applicable requirements established by the De-
<br /> Safety Code section 25143.2(b) or 25143.2(d)becomes a hazardous partment of Food and Agriculture pursuant to provisions of chapter 1,
<br /> waste when any of the following events occur. part 1,division 5(commencing with section 9101)and of chapter 5,part
<br /> Page 779 Regina 94,Na 2.1-14-94
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