F
<br /> Tide 22 Environmental Health S dards— o ante §66266.130
<br /> (e)As used in this chapter,"use in agriculture"means that a recyclable NOTE Authority cited:Sections 25150,25159,25159.5,58004 and 58012.Health
<br /> material(either in its existing state or in processed products)is applied and Safety Code.Reference:Sections 14551 and 15051,Food and Agricultural
<br /> to the land as a fertilizer,soil amendment,agricultural mineral,or an aux- Code;Sections 25159.5,25170 and 25201,Health and Safety Code.
<br /> HiY
<br /> iliary soil and plant substance,or is used to produce a food for domestic 1.New section filed 5-24-91;operativeR 1-91(Register 91,No.22).
<br /> livestock or wildlife. 2. Renumbering of former section 66266.112 to new section 66266.117 and
<br /> NoTE:Authority cited:Sections 25150,25159,25159.5,25170,58004 and 58012, amendment of subsections(b)(3)(A)-(B) and(c)(l)-(2) and NOTE filed
<br /> Health and Safety Code.Reference:Sections 25143.2(x),25154,25155,25159.5 7-1-96;operative 7-31-96(Register 96,No.27).
<br /> and 25170,Health and Safety Code. 3.Amendment of subsection(b)(1),repealer of subsection(b)(2)and subsection
<br /> HtsToRy renumbering, and amendment of subsection (c) riled 9-20-96; operative
<br /> 1.New section filed 5-24-91;operative 7-1-91(Register 91,No.22). 10-20-96(Register 96,No.38).
<br /> 2.Renumbering of former article 8 to new article 8.5,renumbering of former sec-
<br /> tion 66266.110 to new section 66266.115,and amendment of subsection Article 9. Requirements for Management Of
<br /> (c)(2)(B)and NoTE filed 7-1-96;operative 7-31-96(Register 96,No.27). q g
<br /> 3.Amendment of subsections(a)(1)and(b)and NOTE filed 9-20-96;operative Waste Elemental Mercury
<br /> 10-20-96(Register 96,No.38).
<br /> §66266.120. Requirements.
<br /> §66266.116. Transporter Requirements. (a)A person who handles waste elemental mercury which is a non-
<br /> (a)A person who transports a recyclable material to a facility where RCRA hazardous waste shall comply with the following provisions with
<br /> the material is to be used in its existing state or processed for use,in agri- respect to that mercury.
<br /> culture,shall comply with all of the requirements of this division applica- (1)A person who stores in a container ten pounds or less of waste ele-
<br /> ble to a transporter of a hazardous waste with respect to the management mental mercury at the site of generation shall be exempt from the permit
<br /> of such a material. requirements of this division.
<br /> NOTE:Authoritycited:Sections 25150,25159,25159.5,58004 and 58012,Health (2)A person who transports in a container ten pounds or less of waste
<br /> and Safety Code.Reference:Sections 25159.5,25160,25163 and 25170,Health elemental mercury to a resource recovery facility where mercury will be
<br /> and Safety Code. recovered from that waste shall be exempt from the requirements forreg-
<br /> HmmRY istration with the Department as a hazardous waste hauler and for the use
<br /> 1.New section filed 5-24-91;operative 7-1-91(Register 91,No.22). of a manifest even if the transporter is not the generator of the waste.
<br /> 2. Renumbering of former section 66266.111 to new section 66266.116 and (3)The operator of a facility which receives waste elemental mercury
<br /> amendment of NOTE filed 7-1-96;operative 7-31-96(Register 96,No.27). forthe purpose of recovering mercury from that waste shall comply with
<br /> all requirements of this chapter applicable to the operator of a hazardous
<br /> §66266.117. Operator Requirements. waste facility except that the operator may accept ten pounds or less of
<br /> (a)A person who operates a facility which meets either of the criteria mercury from a hauler who is not registered with the Department as a Kaz-
<br /> in subsection(a)(1)or(a)(2)of this section shall comply with the require- ardous waste hauler and that the operator does not have to complete a
<br /> mems in subsection(b)of this section. manifest upon receipt of such quantity of mercury.
<br /> (1)At the facility,a recyclable material is to be used in its existing state NOTE Authority cited:Sections ,2 and 25150,Health and Safety Code.Refer-
<br /> ence:Sections 25117.9,25159.5,25160,25163,25170 and 25201,Health and
<br /> in agriculture. Safety Code.
<br /> (2)At the facility,a product processed from a recyclable material at HISMRY
<br /> a facility which is not licensed by the California Department of Food and 1.New section filed 5-24-91;operative 7-1-91(Register 91,No.22).
<br /> Agriculture is to be used in agriculture and the processed product is haz-
<br /> ardous under chapter 11 of this division. Article 10. Requirements for Management
<br /> (b)A person who operates a facility described in subsection(a)of this
<br /> section shall comply with the following: of Certain Oily Wastes
<br /> (1)all of the requirements of this division applicable to an operator of
<br /> a hazardous waste facility with respect to the management of such a mate- §66266.130. Management of Used Oil Filters.
<br /> rial; (a)Used oil filters are to be managed as hazardous waste unless the
<br /> (2)the additional requirements listed below. conditions of one of the following paragraphs are met:
<br /> (A)An operator shall use arecyclable material in agriculture only after (1)The filters are characterized as being nonhazardous using proce-
<br /> receipt of the documents required under section 66266.115(a)(3). dures identified in this division and applicable waste characterization
<br /> (B)An operator shall use a recyclable material in agriculture only in procedures found in federal regulations or,
<br /> compliance with the information in the documents provided pursuant to (2)The conditions of subsection(b)of this section are met and the fil-
<br /> section 66266.115(a)(3). ters are managed in compliance with the requirements of subsection(c)
<br /> (c)A person who operates a facility where a recyclable material used of this section or,
<br /> in agriculture is to be processed for such use,shall comply with all of the (3)The filters are generated by persons maintaining their own place
<br /> requirements of this division applicable to the operator of a hazardous of residence(i.e.,household waste)and such filters are taken to a collec-
<br /> waste facility with respect to the handling and management of such a ma- tion location(such as a service station,parts retailer,household waste
<br /> terial and shall comply with the additional requirements listed below. collection location,etc.)or picked-up by a curbside collection system
<br /> (1)If the facility is not licensed by the California Department of Food and transferred for purposes of recycling.The filters must be contained
<br /> and Agriculture and the product processed from the recyclable material after their initial acceptance or collection so as to capture used oil that
<br /> is hazardous under chapter 11 of this division,the operator shall comply may separate from them.Upon reaching a location where proper drain-
<br /> with the requirements of this division as if the operator were the generator age is practical,the filters shall be managed in accordance with subsec-
<br /> of a hazardous waste under section 66266.115(a)(1). tion(c)of this section.
<br /> (2)If the facility is licensed by the California Department of Food and (b)For the purposes of subsection(c)of this section,"used oil filters"
<br /> Agriculture and the product processed from the recyclable material is are defined as filters which contain a residue of used oil(as defined in
<br /> hazardous under chapter 11 of this division,the operator shall be exempt Health and Safety Code Section 25250.1(a))and which are exempt from
<br /> from the requirements of this division as they pertain to a generator of a regulation as a hazardous waste under the scrap metal provision found in
<br /> hazardous waste under section 66266.115(x)(1). federal law(40 CFR Section 261.6(a)(3)(iv)).
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