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where the empty container has been shipped. The above information shall be retained onsite <br />for a period of three years. <br />(h) Uncontaminated containers, where an inner liner has prevented contact of the hazardous <br />material with the inner surface of the container, are not hazardous waste subject to regulation <br />under this division and Chapter 6.5 of Division 20 of the Health and Safety Code. <br />(i) Containers or inner liners which previously held a hazardous material which are sent back to <br />the supplier for the purpose of being refilled are exempt from regulation under this division and <br />Chapter 6.5 of Division 20 of the Health and Safety Code if all of the following requirements are <br />met: <br />(1) The container or inner liner was last used to hold a hazardous material acquired from a <br />supplier of hazardous materials; <br />(2) The container or inner liner is empty pursuant to the standards set forth in Section 261.7 of <br />Title 40 of the Code of Federal Regulations; <br />(3) The container or inner liner is returned to a supplier of hazardous materials for the purpose <br />of being refilled, provided that the supplier's reuse of the container or inner liner is in <br />compliance with the requirements of Section 173.28 of Title 49 of the Code of Federal <br />Regulations; <br />(4) The container or inner liner is not treated prior to being returned to the supplier of <br />hazardous materials, except as authorized by this section; <br />(5) The container is not treated (except as authorized by this section) by the supplier of <br />hazardous materials without obtaining specific authorization from the Department; and <br />(6) The container or inner liner is refilled by the supplier with hazardous material which is <br />compatible with the hazardous material which the container or inner liner previously held unless <br />the container has been adequately decontaminated. <br />(j) If the supplier, upon receiving a container or an inner liner pursuant to subsection (i) of this <br />section, is unable to refill the container or inner liner, the supplier shall empty the container or <br />inner liner pursuant to subsections (b) or (d) of this section and manage the container or inner <br />liner pursuant to subsection (e) of this section. <br />(k) Emptied household hazardous material and pesticide container, or inner liners removed from <br />containers, of five gallon or less in capacity, are exempt from regulation under this division and <br />Chapter 6.5 of Division 20 of the Health and Safety Code if the container or inner liner is <br />emptied by removing all of the contents that can be removed using practices commonly <br />employed to remove materials from that type of container. <br />( 1) A compressed gas cylinder is exempt from regulation under this division and Chapter 6.5 of <br />Division 20 of the Health and Safety Code when the pressure in the container approaches <br />atmospheric pressure. <br />(m)(1) Provided that they are not a RCRA regulated hazardous waste, as defined in Section <br />66260.10 of this division, aerosol containers are exempt from regulation under this division and <br />Chapter 6.5 of Division 20 of the Health and Safety Code if the aerosol container was emptied <br />of the contents and propellant to the maximum extent practical under normal use (i.e., the <br />spray mechanism was not defective and thus allowed discharge of the contents and propellant). <br />(2) Unless otherwise exempt under other provisions of law, aerosol containers which held a <br />material listed as an acute hazardous waste in Sections 261.31, 261.32, or a material identified <br />as an acute hazardous waste in Section 261.33(e), Title 40 of the Code of Federal Regulations, <br />or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, <br />66261.113, and Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X <br />are not exempt under this section and shall be managed as hazardous waste in accordance with <br />Page 28 of 39 <br />