Cal. Code Regs. Tit. 22, § 66264.1 - Purpose, Scope and Applicability
(a)
The purpose of this chapter is to establish minimum standards which define the
acceptable management of hazardous waste.
(b) The standards in this chapter apply to
owners and operators of all facilities which transfer, treat, store, or dispose
of hazardous waste, except as specifically provided otherwise in this chapter
or chapters 11, 12 or 13 of this division.
(c) The requirements of this chapter apply to
a person disposing of hazardous waste by means of ocean disposal subject to a
permit issued under the Federal Marine Protection, Research, and Sanctuaries
Act (33 U.S.C. section
1401, et seq.) only to the extent they are
included in a permit by rule granted to such a person under chapter 20 of this
division. Such person shall comply with the requirements of chapter 14 of this
division when transferring, treating or storing hazardous waste before it is
loaded onto an ocean vessel for incineration or disposal at sea.
(d) The standards in this chapter apply to
owners and operators of all destination facilities, as defined in section
66273.9, that transfer, treat,
store, or dispose of universal waste listed in section
66261.9, except as specifically
provided otherwise in section
66273.60, subsections (b) and
(c).
(e) The requirements of this
chapter apply to the owner or operator of a POTW which transfers, treats,
stores, or disposes of hazardous waste only to the extent they are included in
a permit by rule granted to such a person under chapter 20 of this
division.
(f) (Reserved)
(g) The requirements of this chapter do not
apply to:
(1) (reserved);
(2) the owner or operator of a facility
managing recyclable materials described in section
66261.6(a)(2)(B)
of this division (except to the extent they are referred to in article 8 of
chapter 16 of this division);
(3) a
generator accumulating waste on-site in compliance with section
66262.34 of this
division;
(4) a farmer disposing of
waste pesticides from the farmer's own use in compliance with section
66262.70 of this
division;
(5) (reserved);
(6) (reserved);
(7) (reserved);
(8)
(A)
except as provided in subsection (g)(8)(B) of this section, a person engaged in
treatment or containment activities during immediate response to any of the
following situations:
1. a discharge of a
hazardous waste;
2. an imminent and
substantial threat of a discharge of hazardous waste;
3. a discharge of a material which, when
discharged, becomes a hazardous waste;
(B) an owner or operator of a facility
otherwise regulated by this chapter shall comply with all applicable
requirements of articles 3 and 4 of this chapter;
(C) any person who is covered by subsection
(g)(8)(A) of this section and who continues or initiates hazardous waste
treatment or containment activities after the immediate response is over is
subject to all applicable requirements of this chapter and chapter 21 of this
division for those activities;
(D)
In the case of emergencies involving military munitions, the responding
military emergency response specialist's organizational unit shall retain
records for three years identifying the dates of the response, the responsible
persons responding, the type and description of material addressed, and its
disposition. For the purposes of this subsection, the term "military munitions"
is as defined in 40 Code of Federal Regulations section
260.10. The requirements of this
subsection apply only to military munitions that are regulated under the
federal act, as defined in Health and Safety Code section
25115.1;
(9) a transporter storing manifested
shipments of hazardous waste in containers at a transfer facility, or a
transfer facility storing manifested shipments of hazardous waste in
containers, for six days or less, or 10 days or less for transfer facilities in
areas zoned industrial by the local planning authority, and meeting the
requirements of sections
66262.30 and
66263.18;
(10) the addition of absorbent material to
waste in a container (as defined in section
66260.10 of this division) or the
addition of waste to absorbent material in a container, provided that these
actions occur at the time waste is first placed in the container; and sections
66264.17(b),
66264.171, and
66264.172 are complied
with;
(11) persons managing
hazardous waste in a hazardous waste management unit not subject to 40 Code of
Federal Regulations Part 264 (incorporated by reference in section
66260.11 of this division)
pursuant to an exemption in 40 Code of Federal Regulations Section
264.1(g), if the
waste managed in that unit is identified as a hazardous waste solely because it
exhibits the characteristic of toxicity set forth in section
66261.24(a)(1) of
this division.
(12) universal waste
handlers and universal waste transporters, as defined in chapter 23 of this
division, who manage universal waste as listed in section
66261.9. These universal waste
handlers and universal waste transporters are subject to regulation under
chapter 23 when managing universal wastes listed in section
66261.9 of this
division.
(h) The
requirements of this chapter apply to owners or operators of all facilities
that transfer, treat, store, or dispose of hazardous wastes referred to in
chapter 18 of this division.
Notes
2. Change without regulatory effect amending subsections (b) and (g)(9) filed 4-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Change without regulatory effect adding new subsection (g)(2) filed 6-12-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 24).
4. New subsections (g)(12)-(g)(12)(C) and amendment of NOTE filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.
5. New subsections (g)(12)-(g)(12)(C) and amendment of NOTE refiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
6. New subsections (g)(12)-(g)(12)(C) and amendment of NOTE refiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
7. New subsections (g)(12)-(g)(12)(C) and amendment of NOTE refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.
8. New subsections (g)(12)-(g)(12)(C) and amendment of NOTE refiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.
9. New subsections (g)(12)-(g)(12)(C) and amendment of NOTE refiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-2-2001 order, including further amendment of NOTE, transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).
11. Amendment of subsection (g)(12), repealer of subsections (g)(12)(A)-(C) and amendment of subsection (h) filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).
12. Amendment of NOTE filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).
13. Change without regulatory effect adding subsection (g)(8)(D) and amending subsection (g)(11) and NOTE filed 4-13-2007 pursuant to Health and Safety Code section 25159.1 (Register 2007, No. 15).
14. New subsection (d) and amendment of subsection (g)(12) filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).
Note: Authority cited: Sections 25141, 25150, 25150.6, 25159, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25115.1, 25118, 25141, 25159, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 Code of Federal Regulations Sections 260.10 and 264.1.
2. Change without regulatory effect amending subsections (b) and (g)(9) filed 4-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Change without regulatory effect adding new subsection (g)(2) filed 6-12-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 24).
4. New subsections (g)(12)-(g)(12)(C) and amendment of Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.
5. New subsections (g)(12)-(g)(12)(C) and amendment of Note refiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
6. New subsections (g)(12)-(g)(12)(C) and amendment of Note refiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
7. New subsections (g)(12)-(g)(12)(C) and amendment of Note refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.
8. New subsections (g)(12)-(g)(12)(C) and amendment of Note refiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.
9. New subsections (g)(12)-(g)(12)(C) and amendment of Note refiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-2-2001 order, including further amendment of Note, transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).
11. Amendment of subsection (g)(12), repealer of subsections (g)(12)(A)-(C) and amendment of subsection (h) filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).
12. Amendment of Note filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).
13. Change without regulatory effect adding subsection (g)(8)(D) and amending subsection (g)(11) and Note filed 4-13-2007 pursuant to Health and Safety Code section 25159.1 (Register 2007, No. 15).
14. New subsection (d) and amendment of subsection (g)(12) filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).
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