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<br />358 359 NUSCELLANEOUS PROVISIONS—HAZA90US NIATERIALS § 25201.4
<br />receiving hazardous
<br />aments for unloading
<br />« obtains a hazardous
<br />is wastes from offsite
<br />.ontainerized hazard-
<br />.nce with the require-
<br />nt that the facility is
<br />permit concerning the
<br />from offsite locations.
<br />s a hazardous waste
<br />;ed, or containerized
<br />accordance with the
<br />.xtent that the facility
<br />he permit concerning
<br />hazardous wastes to
<br />tbject to subdivisions
<br />ante with all of the
<br />ecified in the hazard -
<br />operation conducted
<br />acility, the hazardous
<br />days outside of an
<br />rdous waste shall be
<br />tit and the transport
<br />ne off the transport
<br />pt for that incidental
<br />I effectively move the
<br />horized unit or from
<br />s shall be conducted
<br />facility.
<br />- in an authorized unit
<br />zardous waste being
<br />section. Hazardous
<br />rt vehicle which, if
<br />:ity of the originating
<br />ility, unless the waste
<br />i authorized transfer
<br />ilk hazardous waste
<br />-us waste facility with
<br />ble of collecting and
<br />bly be anticipated to
<br />.ions until the leaked
<br />.,wise approved by the
<br />it.
<br />'ic secondary contain-
<br />s to effectuate the
<br />)n to; or in lieu of,
<br />-cify secondary con -
<br />areas in individual
<br />rmit conditions shall
<br />•ks and railcars. The
<br />containment devices
<br />ollowing definitions
<br />ited with removing
<br />from an authorized
<br />frdm an authorized
<br />ed hazardous waste
<br />thin the facility, and
<br />shipping the waste offsite to another location in accordance with
<br />this chapter.
<br />('_) "Transport vehicle" means a device, including a trailer, to
<br />propel. move or draw hazardous wastes by air, rail, highway, or
<br />water that is operated pursuant to the requirements of this
<br />chapter.
<br />(3) -Unloading" means activities associated with the receipt
<br />of bulk, packaged, or containerized hazardous waste at a
<br />permitted hazardous waste facility from an offsite location, by
<br />means of a transport vehicle, and placing that packaged or
<br />containerized hazardous waste into an authorized unit or placing
<br />that bulk hazardous waste into an authorized container, tank, or
<br />unit within the facility in accordance with this chapter.
<br />(e) The requirements of this section do not apply to hazard-
<br />ous waste being held or transferred pursuant to subparagraph
<br />(B) of paragraph (6) of subdivision (b) of Section 25123.3.
<br />(Added by Stars.1998, c. 880 (A.B.2067), § 6. Amended by
<br />Stars. 2003, c. 362 (A.B.1348), § 3.)
<br />§ 25201. rmit, permit -by -rule, or grant of conditional au-
<br />:'0
<br />or conditional exemption; requirements; ex-
<br />emptions
<br />Except as provided in subdivisions (c) and (d) , no owner
<br />-Ur—operator of a storage facility, treatment facility, transfer
<br />facility. resource recovery facility, or disposal site shall accept,
<br />treat. store, or dispose of a hazardous waste at the facility, area,
<br />or site. unless the owner or operator holds a hazardous waste
<br />facilities permit or other grant of authorization from the
<br />department to use and operate the facility, area, or site, or the
<br />owner or operator is operating under a permit -by -rule pursuant
<br />to the department's regulations, or a grant of conditional
<br />authorization or conditional exemption pursuant to this chapter.
<br />(b i Except as necessary to comply with Section 25159.18, any
<br />peison planning to construct a new hazardous waste facility or a
<br />new hazardous waste management unit, which would manage
<br />RCRA hazardous waste, shall obtain a hazardous waste facilities
<br />perm:: or a permit amendment from the department prior to
<br />comm; acing construction.
<br />(c) A hazardous waste facilities permit is not required for a
<br />rec %cle-only household hazardous waste collection facility oper-
<br />ated in accordance with subdivision (b) of Section 25218.8.
<br />(d) A hazardous waste facilities permit is not required for a
<br />facilir, that meets the requirements of Section 13263.2 of the
<br />Water Code. (Added by Stats.1977, c. 1039, p. 3150, § 33.
<br />Amended by Stats. 1978, c. 1397, p. 4623, § 14; Stats. 1980, c. 878,
<br />p. 27:9. § 12; Stats.1982, c. 1121, § 7; Stats.1985, c. 1245, § 4,
<br />Stats.1958. c. 1376, § 9, eff. Sept. 26, 1988; Stats.1988, c. 1632,
<br />§ 19; Stats.1989, c. 1436, § 28, eff. Oct. 2, 1989; Stats.1990, c.
<br />1265 (A.B.2597), § 1; Stats.1992, c. 1344 (S.B.2057), § 10,
<br />Stats.1992, c. 1345 (A.B.1772), § 14, Stats.1992, c. 1346 (S.B.
<br />1143). § 3.7; Stats.1993, c. 913 (S.B.1091), § 7; Stats.1993, c.
<br />1203 (S.B.796), § 2; Stats.1994, c. 1225 (A.B.2955), § 4, Stats.
<br />1994, c. 1291 (SB.657), § 3; Stats.1995, c. 640 (S.B.1291), § 11.)
<br />Cross References
<br />Reusable soiled textile material and laundry facility exemptions, see
<br />Health and Safety Code § 25144.6.
<br />§ 25201.1. Aerosol can processing, hazardous waste permit
<br />exemption; conditions
<br />(a) A solid waste facility, as defined in Section 40194 of the
<br />Public Resources Code, or any recycling facility, that accepts and
<br />processes empty aerosol cans and de minimus quantities of
<br />nonempty aerosol cans collected as an incidental part of the
<br />collection of empty cans for recycling, is exempt from the
<br />requirement to obtain a hazardous waste facilities permit or
<br />other authorization from the department for purposes of con-
<br />ducting that activity if both of the following conditions are met:
<br />(1) The nonempty aerosol cans are from products that are
<br />normally intended for household use and were generated by
<br />households.
<br />(2) The city, county, or regional agency in the area that the
<br />facility serves provides educational information to the public on
<br />the safe collection and recycling or disposal of empty and
<br />nonempty aerosol cans that encourages, to the maximum extent
<br />feasible, the separation and recycling of empty aerosol cans
<br />through such programs as curbside, dropoff, and buy-back
<br />recycling programs, and the diversion of nonempty aerosol cans
<br />into household hazardous waste collection programs. Issues of
<br />compliance with this subdivision shall be determined by the
<br />California Integrated Waste Management Board or bv_ the
<br />appropriate local enforcement agency.
<br />(b) This section is not intended to alter the obiization to
<br />manage as a hazardous waste any nonempty aerosol cans that
<br />meet the requirements of Section 25117, and that are not subject
<br />to the exemption provided in this section.
<br />(c) Nothing in this section exempts a solid waste facility th_t
<br />engages in an activity that requires a hazardous wast: faciiiy
<br />permit, other than the acceptance and processing of empty
<br />aerosol cans and de minimus quantities of nonempt} aerosol
<br />cans as an incidental part of the collection of empty cans for
<br />recycling, from the requirement of obtaining a hazardous waste
<br />facilities permit. (Added by Stats.1995, c. 424 (S.B.352,. § 2.
<br />Amended by Stats. 1996, c. 124 (A.B.3470). § 69.)
<br />§ 25201.3. Local agency prohibited from deeming certain gen-
<br />erators as hazardous waste treatment facilities; definition
<br />(a) A local agency shall not deem any of the following
<br />generators performing any of the following treatment activities
<br />to be a hazardous waste treatment facility for purposes . of,
<br />making a land use decision, and the department shall not require
<br />any of the following generators or facilities performing ary of the
<br />following treatment activities to publish a notice regarding those
<br />activities:
<br />(1) A facility operating pursuant to a permit -by -rule.
<br />(2) A generator granted conditional authorization pursuant to
<br />this chapter for specified treatment activities.
<br />(3) A generator performing conditionally exempt treatment
<br />pursuant to this chapter.
<br />(b) For purposes of this section, "land use decision" means a
<br />discretionary decision of a local agency concerning a hazardous
<br />waste facility project, as defined in subdivision (b) of Section
<br />25199.1, including the issuance of a land use permit or condition-
<br />al use permit, the granting of a variance, the subdivision of
<br />property, and the modification of existing property lines pursu-
<br />ant to Title 7 (commencing with Section 65000) of the Govern-
<br />ment Code, and any local agency decision concerning a hazard-
<br />ous waste facility which is in existence and'the enforcement of
<br />those decisions. This section does not limit or restrict the
<br />existing authority of a local agency to impose conditions on, or
<br />otherwise regulate, facilities, transportable treatment units or
<br />generators operating pursuant to a permit -by -rule, or a condi-
<br />tional authorization or conditional exemption pursuant to this
<br />chapter. (Added by Stats. 1991, c. 1125 (A.B.646), § 2. Amended
<br />by Stats.1992, c. 1345 (A.B.1772), § 15; Stats.1993, c. 411
<br />(S.B.28), § 8, eff. Sept. 21, 1993; Stats.1995, c. 639 (S.B.1191),
<br />§ 40.)
<br />§ 25201.4. Inspection programs; development and implemen-
<br />tation; standards
<br />(a)(1) The unified program agency shall develop and imple-
<br />ment a program to inspect persons operating pursuant to a
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