|
managed as hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and Safety Code
<br />(commencing with Section 25100).
<br />(3) For purposes of this section, “aerosol container” means a pressurized, sealed container which contains a product and liquified or
<br />compressed gases, and which can dispense that product by the activation of a pressure-sensitive valve.
<br />(n) Containers made of wood, paper, cardboard, fabric, or any other similarly absorptive material are not exempt from regulation
<br />under this division or Chapter 6.5 of Division 20 of the Health and Safety Code if the container was in direct contact with and has
<br />absorbed the hazardous waste or a hazardous material.
<br />(o) The following items are not containers for purposes of this section and should continue to be managed as specified below:
<br />(1) Used oil filters managed pursuant to Section 66266.130 of this division.
<br />(2) PCB or PCB contaminated electrical equipment, including but not limited to, transformers and capacitors managed pursuant
<br />to 40 CFR Section 761.60, or Section 66268.29(b) of this division, so that the Soluble Threshold Limit Concentration (STLC) and
<br />the Total Threshold Limit Concentration (TTLC) values set forth in Section 66261.24(a)(2) of this division are not exceeded.
<br />(3) Chemotherapy drug intravenous (IV) bags or tubing used for the delivery of chemotherapy agents managed pursuant to
<br />Chapter 6.1 of Division 20 of the Health and Safety Code.
<br />(p) The residue remaining in a bulk container (as defined in section 66260.10) that has held hazardous waste is not a hazardous
<br />waste, except as provided in subsections (p)(2) and (p)(3), and a facility that receives the bulk container for cleaning or reuse, by
<br />such receipt is not receiving offsite waste, if the bulk container is empty as defined in subsection (p)(1) below.
<br />(1) A bulk container that has held hazardous waste is empty if:
<br />(A) for a residue that contains a material described in subsection (d) of this section, the bulk container is empty pursuant to
<br />subsection (d); or
<br />(B) for a residue that does not contain a material described in subsection (d), the residue is no more than 0.3% by weight of the
<br />total capacity of the bulk container.
<br />(2) The residue in a bulk container that is empty pursuant to subsection (p)(1)(B) of this section is subject to regulation under this
<br />division as a hazardous waste when:
<br />(A) the bulk container ceases to be operated for hazardous waste or hazardous material transportation; or
<br />(B) the residue is from hazardous waste that was hazardous by the characteristic of toxicity (as defined in section 66261.24),
<br />and, without prior removal of the residue, the bulk container is subsequently used to hold a product or recyclable material which
<br />would be reduced in quality, value, or usefulness, rendered non-recyclable, or which would potentially have an adverse effect on
<br />human health and/or the environment by commingling with the residue, or
<br />(C) without prior removal of the residue, the bulk container is subsequently used to hold a material that is chemically
<br />incompatible with the residue, including, but not limited to, those incompatible materials listed in Appendix V of chapter 14 of this
<br />division.
<br />(3) An offsite facility that receives a bulk container that held a hazardous waste is an offsite facility subject to the facility
<br />standards of chapters 14, 15, and 20 of this division if:
<br />(A) the bulk container is not empty pursuant to subsection (p)(1); or
<br />(B) the bulk container is empty pursuant to subsection (p)(2), and, without removal of the residue, the bulk container is
<br />subsequently used to hold a material that is chemically incompatible with that residue, including, but not limited to, those
<br />incompatible materials listed in Appendix V of chapter 14 of this division.
<br />(q) Reserved.
<br />(r) Any container, or inner liner removed from a container, which previously held a hazardous material, including but not limited to
<br />hazardous waste, and which is not empty as defined in subsections (b) or (d) of this section, or otherwise exempt from regulation as
<br />a hazardous waste under this division or Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section
<br />25100), shall be managed as a hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and
<br />Safety Code (commencing with Section 25100).
<br />(s) The generator and transporter shall comply with the provisions of the Sanitary Food Transportation Act of 1990 (Title 49 of the
<br />United States Code Section 5701 et seq.) and the National Economic Crossroads Transportation Efficiency Act of 1997 (Title 12
<br />section 12002 et seq.) as applicable.
<br />Note: Authority cited: Sections 208, 25141, 25143.2, 25150 and 58012, Health and Safety Code. References: Sections 208, 25141,
<br />25143.2, 25150, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 261.7.
<br />HISTORY
<br />1. Renumbering and amendment of former section 66730 to section 66261.7(a)-(g) and new subsection (h) filed 5-24-91; operative
<br />7-1-91 (Register 91, No. 22). A Certificate of Compliance must be transmitted to OAL by 6-28-91 or emergency language,
|