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' §22-66261.4 BARS CALIFORNIA CODE OF REGULATIO Title 26
<br /> 3,division 9(commencing with section 19200)of the Food and Agricul- (A)the controlled substance is a discarded material(as defined in sec-
<br /> tural Code; tion 66261.2(b))which is not excluded from the definition of a`waste"
<br /> (2)materials which are exempted or excluded from classification as (as defined in section 66261.2(a)),except pursuant to the provisions of _
<br /> solid waste or hazardous waste pursuant to 40 CER section 261.4 if they this subsection;
<br /> do not exhibit a characteristic of a hazardous waste as set forth in article (B)the controlled substance is solely a non-RCRA hazardous waste,
<br /> 3 of this chapter, or the controlled substance or its management is exempt or conditionally
<br /> (c)hazardous wastes which are exempted from certain regulations.A exempt from,or is not otherwise regulated pursuant to,RCRA;
<br /> hazardous waste which is generated in a product or raw material storage (C)the controlled substance was seized by a peace officer,as defined
<br /> tank,a product or raw material transport vehicle or vessel,a product or in section 830 of the Penal Code,or a person exercising the powers of a
<br /> raw material pipeline,or in a manufacturing process unit or an associated peace officer pursuant to section 830.8 of the Penal Code or otherwise au-
<br /> non-waste-treatment-manufacturing unit, is not subject to regulation thorized to exercise the powers of a peace officer pursuant to applicable
<br /> under this division or to the notification requirements of Health and Safe- federal laws;and
<br /> ty Code section 25153.6 until it exits the unit in which it was generated, (D)the controlled substance was seized from a site other than a clan-
<br /> unless the unit is a surface impoundment,or unless the hazardous waste destine laboratory,or the controlled substance was seized from such a
<br /> remains in the unit more than 90 days after the unit ceases to be operated laboratory for use as evidence or as a sample for purposes of testing.
<br /> for manufacturing,or for storage or transportation of product orraw ma- (3)A conditionally exempt controlled substance shall be managed in
<br /> terials; accordance with the following requirements:
<br /> (d)samples; (A)conditionally exempt controlled substances shall be held in con-
<br /> (1)except as provided in subsection(d)(2)of this section,a sample of tainers which are managed in accordance with the requirements of sec-
<br /> waste or a sample of water,soil,or air,which is collected for the sole pur- tions 66265.171,66265.172,66265.173 and 66265.177;
<br /> pose of testing to determine its characteristics or composition,is not sub- (B)conditionally exempt controlled substances shall be stored in an
<br /> ject to any requirements of this division or to the notification require- area:
<br /> ments of Health and Safety Code section 25153.6 when: 1.with ventilation approved by the local fire department,
<br /> (A)the sample is being transported to a laboratory for the purpose of 2.separate from controlled substances which are not conditionally ex-
<br /> testing;or empt pursuant to this subsection and other chemicals seized from clan-
<br /> (B)the sample is being transported back to the sample collector after destine laboratories,and
<br /> testing;or 3.under the control of employees of a federal,state or local law en-
<br /> (C)the sample is being stored for less than 90 days by the sample col- forcement agency,
<br /> lector before transport to a laboratory for testing:or (C)transportation of conditionally exempt controlled substances shall
<br /> (D)the sample is being stored in a laboratory before testing;or be in accordance with the following requirements:
<br /> (E)the sample is being stored in a laboratory after testing but before 1.conditionally exempt controlled substances shall be transported by
<br /> it is returned to the sample collector,or employees of a federal,state or local law enforcement agency,
<br /> (F)the sample is being stored temporarily in the laboratory after test- 2. during transportation, the conditionally exempt controlled sub- 1
<br /> ing for a specific purpose(for example,until conclusion of a court case stances shall be accompanied by a shipping paper which,at a min;mnm
<br /> or enforcement action where further testing of the sample may be neves- shall provide the following information:
<br /> sary). . a.a list of the substances being transported;
<br /> (2)In order to qualify for the exemption in subsections(d)(1)(A)and b.the type andnumber of containers being used to transport each type
<br /> (d)(lXB)of this section,a sample collector shipping samples to a labora- of substance;
<br /> gory and a laboratory returning samples to a sample collector shall: c.the quantity,by weight or volume,of each type of substance being
<br /> (A)comply with California Highway Patrol(CHP),U.S.Department transported(if known);
<br /> of Transportation(DOT),U.S.Postal Service(USPS),or any other appli- d. the state(s)(e.g.,solid, powder, liquid, semi-liquid, gas,etc.)of
<br /> cable shipping requirements;or each type of substance being transported;
<br /> (B)complywith the followingrequirementsif the sample collectorde- e. the final destination and interim destinations, if any,of the sub-
<br /> termines that CHP,DOT,USPS,or other shipping requirements do not stances;
<br /> apply to the shipment of the sample: f.the name and telephone number of an emergency response contact,
<br /> 1.assure that the following information accompanies the sample: for use in the event of a spill or other release;
<br /> a.the sample collector's name,mailing address,and telephone num- g.the name, address and telephone number of the law enforcement
<br /> ber; agency from which the shipment originates,the printed name and sign-
<br /> b.the laboratory's name,mailing address,and telephone number, ture of the peace officer authorizing the shipment,and the date the ship-
<br /> c.the quantity of the sample; ment originates;
<br /> d.the date of shipment;and h.the name,address,telephone number and signature of the law en-
<br /> e.a description of the sample. forcement agency employee(s)responsible for the custody and security
<br /> 2.package the sample so that it does not leak,spill,or vaporize from of the substances during transportation;and
<br /> its packaging. i.the name,address and telephone number of the facility which is the
<br /> (3)This exemption does not apply if the laboratory determines that the final destination of the substances;and
<br /> waste is hazardous but the laboratory is no longermeeting any of the con- 3.in the event of a spill or release of a conditionally exempt controlled
<br /> ditions stated in subsection(d)(1)of this section_ substance during transportation,the law enforcement agency employee
<br /> (e)controlled substances; responsible for the substance during transportation shall take appropriate
<br /> (1)A conditionally exempt controlled substance,as defined in para- immediate action to protect human health and the environment(e.g.,
<br /> graph(2)of this subsection,which is managed in accordance with the re- notify local law enforcement agencies and/or other local emergency re-
<br /> quirements of paragraph(3)of this subsection,isnot a waste for purposes sponse agencies,dike the spill area,etc.).The law enforcement agency
<br /> of this division or Health and Safety Code,division 20,chapter 6.5. employee responsible for the released substance during transportation ;
<br /> (2)For the purposes of this division,a conditionally exempt controlled shall cleanup or provide for the clean up of the spilled or released sub-
<br /> substance is a"controlled substance",as defined in section 11007 of the stance,ortake such other actionas maybe required orapprovedbyFeder-
<br /> Health and Safety Code,which meets all of the following conditions:
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