|
§ 25143.2 HEALTH AND SAFETY CODE 266 267
<br /> amendment, agricultural mineral, or an auxiliary soil and plant the requirements of any exemption or exclusion pursuant to this are deri
<br /> substance. section are ret. produce
<br /> purposes of determining that the conditions producec
<br /> (2) Materials that are a non RCRA hazardous waste, as (3) For fot facilities
<br /> defined in Section 25117.9, and used in a manner constituting exclusion from classification as a waste pursuant to this sin-t6 de artme
<br /> disposal or used to produce products that are applied to the land are met, any person, .facility, site, or vehicle engaged ri�_ P
<br /> as a fertilizer, soil amendment, agricultural mineral, or an management of a material under a claim that the material i (1) Tht
<br /> auxiliary soil and plant substance. The department may adopt excluded from classification as a waste pursuant to this section Section 6
<br /> regulations to exclude materials from regulation pursuant to this subject to Section 25185. Section 6(
<br /> paragraph.
<br /> (g) For purposes of Chapter 6.8 (commencing with Sectiq tions.
<br /> (3) Materials burned for energy recovery, used to produce a 25300), recyclable materials excluded from classification as a (2) The
<br /> exempted under waste pursuant to this section are not excluded from tk ,virtmercia
<br /> fuel, or contained in fuels, except materials
<br /> ubparagraph definition of hazardous substances in subdivision (g)of Sectba (3) The
<br /> paragraph(1)of subdivision(c)or excluded under s
<br /> (B),(C),or(D)of paragraph(2)of subdivision(d). 25316. ous constitt
<br /> (4) Materials accumulated speculatively. (h) Used oil that fails to qualify for exclusion pursuant j, (4) The
<br /> subdivision(d)solely because the used oil is a RCRA hazatdit pollution ct
<br /> (5) Materials determined to be inherently wastelike pursuant waste may be managed pursuant to subdivision(d)if the used w added by Si
<br /> to regulations adopted by the department. is also managed in accordance with the applicable require=ft
<br /> (6) Used or spent etchants, stripping solutions, and plating of Part 279 (commencing with Section 279.1) of Title 40 of lk 115143.5.
<br /> solutions that are transported to an offsite facility operated by a Code of Federal Regulations. (Added by Stats.1985, c. 1*4 classific
<br /> person other than the generator and either of the following § 6 Amended by Stats.1988, c. 1631, § 14; Stats.1989, c.12A operator
<br /> applies: § 1; Stats.1989, c. 1436, § 13, eff. Oct. 2, 1989; Stats.198g t (a) Except
<br /> (A) The etchants or solutions are no longer fit for their 1436, § 14, eff. Oct. 2, 1989, operative Jan. 1, 1990; Stats.1994 t irpartment
<br /> originally purchased or manufactured purpose. 533 (A.B.2868), § 1, eff. Aug. 15, 1990; Stats.1990, c. jib Wtom ash
<br /> (B) If the etchants or solutions are reused,the generator and c. 1173 (A . 3; Sta§ 1.51, c. 1126 2, c.1 33), § 5; Stars.tIit. :°m a blOm£
<br /> the user cannot document that they are used for their originally c. 1173 (A.B.1899), § 1.5; Stats.1992, c. 1343 (c. 411 (S �Ir d.if the con
<br /> Stats.1992, c. 1344 (S.B.2057), § 4; Stats.1993, c. 411 (S.J��1 Patrolled so
<br /> purchased or manufactured purpose without prior treatment. § 2 eff. Sept. 21, 1993; Stats.1994, c. 1154 (A.B.35821 It
<br /> (7) Used oil, as defined in subdivision.(a) of Section 25250.1, Stats.1995, c. 632 (S.B.130), § 1; Stats.1995, c. 639 (S.B.lbl) -Cer in a m:
<br /> . aermiiies the
<br /> unless one of the following applies: § 9.5; Stats.1996, c. 433 (A.B.3474), § 1; Stats-1997, 4-T,
<br /> �resentative
<br /> (A) The used oil is excluded under subparagraph (B) or (C) (S.B.947), § 68; Stats.1998,c. 244(A.B.1739),§ 1; Stau Vgf.
<br /> of paragraph(2)of subdivision(d),paragraph(4)of subdivision 343 (S.B.2035), § 6.5; Stats.2001, c. 866 (A.B.1329), 1) ' 4Tfed by the
<br /> The fly
<br /> (d),subdivision(b)of Section 25250.1,or Section 25250.3,and is Code of Regulations References ztlaes that a,
<br /> managed in accordance with the applicable requirements of Part
<br /> 279 (commencing with Section 279.1)of Title 40 of the Code of Contaminated containers,see 22 Cal.Code of Regs.§ 66261.7. :euempt fron
<br /> Federal Regulations. § 25143.3. Spent sulfuric acid; regulations `)An opera
<br /> (B) The used oil is used or reused on the site where it was b energy for
<br /> The Environmental Protection Agency regulations« ,,fie�hazar�
<br /> generated or is excluded under paragraph(3)of subdivision(d), sent sulfuric acid as set forth in Section 261.4(a)(7)of x7dl +Seen a si n''
<br /> is managed in accordance with the applicable requirements of P
<br /> Part 279 (commencing with Section 279.1) of Title 40 of the of the Code of Federal Regulations (50 Fed.Reg. 665) 1 YrProcess,the
<br /> regulations of the department and shall remain in effect itW of the as]
<br /> Code of Federal Regulations, and is not any of the following: department adopts regulations regarding this subject. h bunt of a
<br /> (i) Used in a manner constituting disposal or used to produce intent of the Legislature that the regulations adopted b)p / fid tcbio
<br /> W
<br /> a product that is applied to land. department be at least equivalent to,and in substantial c4TIs
<br /> u Burned for energy recovery or used to produce a fuel ance with that Section 261.4(a)(7). Further, it is the aslnnif
<br /> unless the used oil is excluded under subparagraph(B)or(C)of the Legislature that the department may define in the `4Xocess o in
<br /> paragraph(2)of subdivision(d). tions the term "spent sulfuric acid" as it deems need �pot
<br /> (iii) Accumulated speculatively.
<br /> avoid sham recycling,as described on page 638 of VolalM Purpos,
<br /> ry Determined to be inherently wastelike pursuant to regula the Federal Register by the Environmental ProtectiaA motion.cont
<br /> (' ) (Added by Stats.1985,c.1594,§ 7.) t, solid w.
<br /> tions adopted by the department. t classifi
<br /> (f)(1) Any person who manages a recyclable material under a § 25143.4. Pulping liquors; regulations for reuse; hA ltnuar/ 1,
<br /> claim that the material qualifies for exclusion or exemption ing mills; use of derivative organic materil ,of claoce
<br /> pursuant to this section shall provide, upon request, to the (a) The department shall adopt regulations pUMAOj �e Pre
<br /> department,the California Environmental Protection Agency,or section, which authorize the reuse of pulping liglurl
<br /> any local agency or official authorized to bring an action as reclaimed in a pulping liquor recovery furnace, aQd thstand
<br /> provided in Section 25180, all of the following information: equivalent to the regulations in Section 261.4(a)(6) a to fly a.,
<br /> (A) The name, street and mailing address, and telephone the Code of Federal Regulations. h are n
<br /> number of the owner or operator of any facility that manages the Until the department adopts these regulations,the tandir
<br /> material. adopted by the Environmental Protection A8O°�
<br /> �the re
<br /> (B) Any other information related to the management by that pulping liquors that are reclaimed in a p rl�ess. t waste e-
<br /> person of the material requested by the department, the furnace and then reused in the pulping p .esamplt
<br /> Section 261.4 ( of the
<br /> California Environmental Protection Agency, or the authorized Regulations, shall be deemed 0 d t be the re a PH
<br /> local agency or official. al to,
<br /> (2) Any person claiming an exclusion or an exemption pursu- department. �)of Sec
<br /> ant to this section shall maintain adequate records to demon- (b)
<br /> To the extent consistent with the federal ad lations,
<br /> strate to the satisfaction of the requesting agency or official that standing any other provision of law,orgainc to as
<br /> there is a known market or disposition for the material,and that but not limited to, crude sulfate turpentine R manaf
<br /> i
<br />
|