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Title 22 Aronniental Health Standards—Hazardous ste § 66262.20
<br />(f) A person who generates a hazardous waste as defined by chapter
<br />11 of this division is subject to the compliance requirements and penalties
<br />prescribed in chapter 6.5 of division 20 of the Health and Safety Code
<br />(commencing with section 25 100) if the generator does not comply with
<br />the requirements of this chapter.
<br />(g) An owner or operator who initiates a shipment of hazardous waste
<br />from a treatment, storage, or disposal facility shall comply with the gen-
<br />erator standards established in this chapter. The provisions of section
<br />66262.34 shall be applicable to the on-site accumulation of hazardous
<br />waste by generators. Therefore, the provisions of section 66262.34 shall
<br />only apply to owners or operators who are shipping hazardous waste
<br />which they generated at that facility.
<br />(h) A generator who treats, stores, or disposes of hazardous waste on-
<br />site shall comply with the applicable standards and permit requirements
<br />set forth in chapters 14, 15, 16, 18 and 20 of this division.
<br />(i) This article does not apply to generators handling only hazardous
<br />waste produced incidental to owning and maintaining their own place of
<br />residence.
<br />NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012,
<br />Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012,
<br />Health and Safety Code; and 40 CFR Section 262.10.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91-, No. 22).
<br />2. Amendment of subsection (g) and NomE filed 10-24-94 as an emergency; op-
<br />erative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be
<br />transmitted to OAL by 2-20-95 or emergency language will be repealed by op-
<br />eration of law on the following day.
<br />3. Amendment of subsection (g) and NoTE refiled 2-21-95 as an emergency; op-
<br />erative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be
<br />transmitted to OAL by 6-21-95 or emergency language will be repealed by op-
<br />eration of law on the following day.
<br />4. Amendment of subsection (g) and NOTE refiled 6-19-95 as an emergency; op-
<br />erative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be
<br />transmitted to OAL by 10-17-95 or emergency language will be repealed by
<br />operation of law on the following day.
<br />5. Amendment of subsection (g) and NOTE refiled 10-16-95 as an emergency; op-
<br />erative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be
<br />transmitted to OAL by 2-13-96 or emergency language will be repealed by op-
<br />eration of law on the following day.
<br />6. Certificate of Compliance as to 10-24-94 order transmitted to OAL 12-15-95
<br />and filed 1-31-96 (Register 96, No. 5).
<br />7. Change without regulatory effect adding new subsection (d) and relettering sub-
<br />sections filed 8-20-97 pursuant to section 100, title 1, California Code of Regu-
<br />lations (Register 97, No. 34).
<br />§66262.11. Hazardous Waste Determination.
<br />A person who generates a waste, as defined in section 66261.2, shall
<br />determine if that waste is a hazardous waste using the following method:
<br />(a) the generator shall first determine if the waste is excluded from reg-
<br />ulation under section 66261.4 or section 25143.2 of the Health and Safety
<br />Code;
<br />(b) the generator shall then determine if the waste is listed as a hazard-
<br />ous waste in article 4 of chapter 11 or in Appendix X of chapter 11 of this
<br />division. If the waste is listed in Appendix X and is not listed in article
<br />4 of chapter 11, the generator may determine that the waste from his par-
<br />ticular facility or operation is not a hazardous waste by either:
<br />(1) testing the waste according to the methods set forth in article 3 of
<br />chapter 11 of this division, or according to an equivalent method ap-
<br />proved by the Department pursuant to section 66260.21; or
<br />(2) applying knowledge of the hazard characteristic of the waste in
<br />light of the materials or the processes used and the characteristics set
<br />forth in article 3 of chapter 11 of this division.
<br />(c) For purposes of compliance with chapter 18 of this division (com-
<br />mencing with section 66268. 1), or if the waste is not listed as a hazardous
<br />waste in article 4 (commencing with section 66261.30) or in Appendix
<br />X of chapter 11 of this division, the generator shall determine whether the
<br />waste exhibits any of the characteristics set forth in article 3 of chapter
<br />11 of this division by either:
<br />(1) testing the waste according to the methods set forth in article 3
<br />(commencing with section 66261.20) of chapter 11 of this division, or ac-
<br />cording to an equivalent method approved by the Department under sec-
<br />tion 66260.21; or
<br />(2) applying knowledge of the hazard characteristic of the waste in
<br />light of the materials or the processes used.
<br />(d) If the waste is determined to be hazardous, the generator shall refer
<br />to chapters 14, 15, and 18 of this division for possible exclusions or re-
<br />strictions pertaining to management of the specific waste.
<br />NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25115, 25117, 25159 and 25159.5, Health and Safety Code;
<br />40 CFR Section 262.11.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />§66262.12. Identification Numbers for the Generator.
<br />(a) Except as specified in (d), a generator shall not treat, store, dispose
<br />of, transport or offer for transportation, hazardous waste without having
<br />received an Identification Number.
<br />(b) A generator who has not received an Identification Number may
<br />obtain one by applying to the Administrator or to the Department using
<br />EPA form 8700-12 (Revised 1/90). Following receipt of the request, the
<br />generator will be assigned an identification number.
<br />(c) A generator shall not offer the hazardous waste to transporters or
<br />to transfer, treatment, storage or disposal facilities that have not received
<br />an Identification Number.
<br />(d) Generators who generate 100 kilograms or less of hazardous waste
<br />per month and are engaged solely in either or both of the following two
<br />activities are not required to obtain an Identification Number:
<br />(1) those milkrun activities in section 66263.42 involving solvents;
<br />(2) those used oil activities in Health and Safety Code section 25250.8
<br />involving the use of the modified manifest.
<br />NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section
<br />262.12.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />2. Change without regulatory effect amending subsection (a) and adding subsec-
<br />tions (d) -(d)(2) filed 1-5-98 pursuant to section 100, title 1, California Code of
<br />Regulations (Register 98, No. 2).
<br />Article 2. The Manifest
<br />§ 66262.20. General Requirements.
<br />(a) A generator who transports, or offers for transportation, hazardous
<br />waste for off-site transfer, treatment, storage, or disposal shall prepare
<br />a Manifest, DTSC Form 8022A (4/97), and if necessary, the EPA contin-
<br />uation Form 8700-22A, according to the instructions included in the Ap-
<br />pendix to chapter 12 of this division before the waste is transported off-
<br />site. All manifest requests should be submitted to the following agency:
<br />DEPARTMENT OF GENERAL SERVICES
<br />DOCUMENTS AND PUBLICATIONS
<br />P.O. BOX 1015
<br />NORTH HIGHLANDS, CA 95660
<br />For further information with regard to manifest ordering and asso-
<br />ciated fees, contact the Department of General Services' Customer Ser-
<br />vice Office at (916) 574-2200.
<br />(b) A generator shall designate on the manifest one facility which is
<br />permitted to handle the waste described on the manifest.
<br />(c) A generator may also designate on the manifest one alternate facil-
<br />ity which is permitted to handle the waste in the event an emergency pre-
<br />vents delivery of the waste to the primary designated facility.
<br />(d) If the transporter is unable to deliver the hazardous waste to the des-
<br />ignated facility or the alternate facility, the generator shall either desig-
<br />nate another facility or instruct the transporter to return the waste.
<br />NOTE: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety
<br />Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code;
<br />40 CFR Section 262.60.
<br />HISTORY
<br />New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />Page 693 Register 2000, No. 37; 9-15-2000
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