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(5) the nature of the reported violations as compared with other violations alleged in the civil or criminal complaint; and
(6) the findings in the judgment.
(b) The Department or the county shall notify the applicant in writing of its decision to grant or deny a reward.
(c) Decisions by the Department or the county to grant or deny rewards shall be final.
(d) Approved reward claims shall be paid in accordance with subdivisions (a) and (b) of section 25191.7 of the Health and Safety Code. Successful reward applicants shall be paid by check within 30 days of collection and deposit of the penalties described in section 25191.7(a) or (b).
Note: Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code.
s 66272.31. Definitions.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.32. Application Procedure.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.33. Eligibility Requirements.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.34. Criteria for Selection.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.36. Delegation Agreement.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.38. Revocation of the Delegation Agreement.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.40. Representation in Appeals.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.42. Coordination with Local Prosecutors and the Department.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.44. Training and Experience Required.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.46. Reporting Requirements.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.48. Review Committee.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.50. No Duplication of Orders.
Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code.
s 66272.60. Applicability.
(a) This article only applies to the assessment of administrative penalties in administrative enforcement orders issued pursuant to Health and Safety Code Section 25187. This article does not apply to minor violations as defined in Health and Safety Code Section 25117.6 unless the minor violation is subject to a penalty in accordance with Health and Safety Code Section 25187.8(g). This article does not apply to penalties assessed pursuant to Health and Safety Code Sections 25244.18(d)(2), 25244.21(a) and 25244.21(b) regarding requirements for source reduction evaluation review, plans, and reports. This article does not apply to the settlement of any enforcement action.
(b) For purposes of this article, "Enforcement Agency" is defined as any department, unified program agency, local health officer, or local public officer having the authority to issue administrative orders pursuant to Health and Safety Code Section 25187.
(c) The Enforcement Agency shall, pursuant to Health and Safety Code Section 25180(d), determine whether the person being assessed a penalty is being treated equally and consistently with regard to the same types of violations previously assessed against other violators.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25117.6, 25180(d), 25187, 25187.8(g), 25189.2, 25244.18(d)(2), 25244.21(a) and 25244.21(b), Health and Safety Code; and Section 11425.50, Government Code.
s 66272.61. Penalty Calculation.
Administrative penalties assessed in administrative enforcement orders issued pursuant to Health and Safety Code Section 25187 shall be assessed following the procedures set forth in this article. The penalty assessed for any violation in accordance with this article shall not exceed the maximum penalty specified in statute.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.
s 66272.62. Determining the Initial Penalty for Each Violation.
(a) The Enforcement Agency shall determine an initial penalty for each violation, considering potential harm and the extent of deviation from hazardous waste management requirements. The Enforcement Agency shall use the matrix set forth in Subsection 66272.62(d) to determine the initial penalty for each violation.
(b) Potential Harm of the Violation
(1) The Enforcement Agency shall consider potential harm to public health and safety and the environment when using the matrix.
(2) The categories for degree of potential harm are defined as follows:
(A) Major - The characteristics and/or amount of the substance involved present a major threat to human health or safety or the environment and the circumstances of the violation indicate a high potential for harm or, in the case of a violation of financial requirements, coverage is lacking or substantially below the required amount or it is certain or probable that the coverage would be absent or inadequate;
(B) Moderate - The characteristics and/or amount of the substance involved do not present a major threat to human health or safety or the environment, and the circumstances of the violation do not indicate a high potential for harm or, in the case of a violation of financial requirements, coverage is significantly below the required amount or it is possible that the coverage would be absent or inadequate;
(C) Minimal - The threat presented by the characteristics and the amount of the substance or by the circumstances of the violation are low or, in the case of a violation of financial requirements, coverage is slightly below the required amount or it is unlikely that the coverage would be absent or inadequate.
(3) In determining the degree of potential harm, the Enforcement Agency shall consider the following factors:
(A) The characteristics of the substance involved,
(B) The amount of the substance involved,
(C) The extent to which human life or health is threatened,
(D) The extent to which animal life is threatened,
(E) The extent to which the environment is threatened, and
(F) The extent to which potable water supplies are threatened.
(4) Potential harm for violations or financial requirements shall be determined by considering the amount of closure, postclosure, or corrective action costs for which there is no financial assurance or the amount of required liability coverage that is absent, and the likelihood that injury or damages, if they occur, will not be compensated due to an inadequacy in the coverage.
(5) A violation must involve the actual management of hazardous waste including the absence of adequate financial assurance for closure, postclosure, corrective action or financial liability coverage, as distinguished from being a "record-keeping" violation, for the violation to have a major potential for harm. "Record-keeping," for purposes of this article, means a requirement to record information, to retain records, and to have documents available for inspection. "Record-keeping" does not include a substantive requirement such as the requirement to have a contingency plan, a waste analysis plan, or a closure plan. The following examples illustrate what is considered "record-keeping" and what is considered a violation that could have a major potential for harm.
(A) A failure to record inspections that were in fact completed is a record-keeping violation and would not have a major potential for harm. A failure to conduct inspections according to the schedule is not a record-keeping violation and could have a major potential for harm depending on the circumstances.
(B) A failure to retain a copy of a manifest is a record-keeping violation and would not have a major potential for harm. A failure to use a manifest for a shipment of hazardous waste is not a record-keeping violation and could have a major potential for harm depending on the circumstances.
(C) A failure to have available for inspection a waste analysis plan that does in fact exist is a record-keeping violation and would not have a major potential for harm. A failure to have a waste analysis plan, or a failure to have a waste analysis plan available to staff who are to implement the plan, is not a record-keeping violation and could have a major potential for harm depending on the circumstances.
(6) Financial violations that are strictly paperwork errors or omissions that do not affect actual functioning of adequate financial assurance for closure, postclosure, corrective action, or financial liability coverage are record-keeping violations. Violations involving the absence of adequate financial assurance for closure, postclosure, corrective action, or financial liability coverage are hazardous waste management violations, not record-keeping violations.
(7) Groundwater monitoring record-keeping is a fundamental part of the groundwater monitoring requirements. Groundwater monitoring record-keeping violations may have a major, moderate, or minimal potential for harm. The category selected for potential harm shall be based on the extent to which the violation may lead directly to environmental harm, have a potential for harm, or cause an inability to detect releases to groundwater.
(c) Extent of Deviation of the Violation
(1) The Enforcement Agency shall consider the extent of deviation from hazardous waste management requirements when using the matrix set forth in this section.
(2) The categories for extent of deviation from requirements are defined as follows:
(A) Major - The act deviates from the requirement to such an extent that the requirement is completely ignored and none of its provisions are complied with, or the function of the requirement is rendered ineffective because some of its provisions are not complied with.
(B) Moderate - The act deviates from the requirement, but it functions to some extent although not all of its important provisions are complied with.
(C) Minimal - The act deviates somewhat from the requirement. The requirement functions nearly as intended, but not as well as if all provisions had been met.
(3) For requirements with more than one part, the Enforcement Agency shall consider the extent of violation in terms of the most significant requirement.
(4) For a single requirement, the range of potential deviation from the requirement may vary. For example, if a facility has no contingency plan, the deviation would be major. If a facility has a contingency plan but significant elements are omitted, the deviation would be moderate. If a facility has a contingency plan with only one or two minor elements missing, the deviation would be minimal.
(d) The matrix set forth in this subsection shall be used to determine the initial penalty for a violation. The Enforcement Agency shall select a penalty amount from the range provided in the matrix cell that corresponds to the appropriate extent of deviation and the potential harm categories. The numbers in parenthesis in each cell of the following matrix are the midpoints of the range.
Determination of Initial Penalty Matrix (in dollars)
Extent of Deviation Potential Harm
Major Moderate Minimal
25,000 20,000 15,000
Major (22,500) (17,500) (10,500)
20,000 15,000 6,000
20,000 15,000 6,000
Moderate (17,500) (10,500) (4,000)
15,000 6,000 2,000
15,000 6,000 2,000
Minimal (10,500) (4,000) (1,000)
6,000 2,000 0
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.
s 66272.63. Initial Penalty Adjustment Factors.
(a) After determining the initial penalty, the Enforcement Agency shall adjust the initial penalty based on the violator's intent in committing the violation using the following guidelines:
Adjustment Factors for Violator's Intent
Adjustment Factor Circumstance
Downward Adjustment of 100 Violation was completely beyond the
percent control of the violator.
Downward Adjustment of 0 to 50 Violation occurred despite good
percent faith efforts to comply with
regulation(s).
No Adjustment Violation indicated neither good faith
efforts nor intentional failure to
comply.
Upward Adjustment of 50 percent to Violation was a result of
100 percent intentional failure to comply.
(b) Adjustment of the initial penalty in accordance with subsection (a) may result in an adjusted initial penalty that is higher or lower than the range presented in the originally selected matrix cell.
(c) The initial penalty shall be increased by the amount of any economic benefit gained or cost of compliance avoided by the violator as a result of noncompliance up to the statutory maximum for each violation. Economic benefit includes, but is not limited to, avoided costs, increased profits, having the use of capital from delayed or avoided costs, and avoided interest.
(d) The adjusted initial penalty for a violation shall not exceed the statutory maximum.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.
s 66272.64. Multiple Violations.
(a) At the discretion of the Enforcement Agency, a single initial penalty may be assessed for multiple violations. Multiple violations subject to this section are multiple instances of the same violation, where each instance is a violation in itself.
(b) The assessment of a single initial penalty may be appropriate for multiple violations in the following cases:
(1) The facility has violated the same requirement at one or more locations (e.g. units) within the facility;
(2) The violation occurs on separate occasions, unless the facility has been notified of the violation and has had sufficient time to correct the violation, and the violation is not a violation that continues uninterrupted for more than one day;
(3) When violations are not independent or are not substantially distinguishable. For such violations, the Enforcement Agency shall consider the extent of violation in terms of the most significant violation.
(c) Where it is necessary to deprive the violator of the economic benefit of multiple violations, the Enforcement Agency shall cite such violations separately and assess an initial penalty for each violation.
(d) The single initial penalty for multiple violations is to be determined as provided in Sections 66272.62 and 66272.63.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.
s 66272.65. Multiday Violations.
(a) Each day a violation continues is a separate and distinct violation. The penalty for a continuing violation shall be determined according to this section.
(1) The initial penalty for the first day of violation shall be determined as provided in Sections 66272.62 and 66272.63;
(2) For days following the first day of violation, the multiday component of the penalty shall be calculated by determining two percent of the adjusted initial penalty and multiplying that value by the number of days the violation occurred after the initial day.
(b) If the Enforcement Agency fails to respond in a timely manner to the violator's written response to an inspection report, the Enforcement Agency may not seek penalties for continuing violations in accordance with Health and Safety Code Section 25185(c)(3).
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25185, 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.
s 66272.66. Minor Violations Subject to a Penalty.
When a "minor violation," as defined by Health and Safety Code Section 25117.6, is subject to a penalty for any of the reasons specified in Health and Safety Code Section 25187.8(g), including that a penalty is warranted or required by federal law, the penalty for that violation shall be determined in accordance with this Article. Written findings that set forth the basis for the Enforcement Agency's determination to assess a penalty for a minor violation shall be made in accordance with Health and Safety Code Section 25187.8(g)(2).
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25117.6, 25187.8 and 25189 Health and Safety Code; and Section 11425.50, Government Code.
s 66272.67. Base Penalty.
(a) If a violation is a one day occurrence, the base penalty for that violation is the adjusted initial penalty as determined pursuant to Sections 66272.62 and 66272.63.
(b) The base penalty for multiple violations is the adjusted initial penalty determined pursuant to Section 66272.64.
(c) The base penalty for multiday violations is the adjusted initial penalty for the first day of violation determined pursuant to Sections 66272.62 and 66272.63 plus the penalty for the additional days of violation pursuant to Section 66272.65.
(d) The total base penalty for an enforcement action is the sum of the base penalties for all violations.
(e) The total base penalty shall not exceed the statutory maximum.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2 Health and Safety Code; and Section 11425.50, Government Code.
s 66272.68. Adjustments to the Total Base Penalty.
The Enforcement Agency shall adjust the total base penalty considering each of the following adjustment factors:
(a) Cooperation: The Enforcement Agency shall consider the violator's cooperation and efforts to return to compliance. Cooperation in achieving compliance is the standard and all necessary good faith efforts to comply with requirements must be made. Adjustments shall be based on the violator's efforts to return to compliance after being notified of the violations by the Enforcement Agency. The adjustment shall be made using the following guidelines:
Adjustment Factors for Cooperation
Degree of
Cooperation Adjustment
/Effort Factor Circumstance
Extraordinary Downward Violator exceeded the minimum
adjustment of requirements in returning to
up to 25 percent compliance or returned to compliance
faster than requested.
Good Faith No adjustment Violator demonstrated a cooperative
effort.
Recalcitrance Upward Violator failed to cooperate, delayed
adjustment of compliance, created unnecessary
up to 25 percent obstacles to achieving compliance, or
the compliance submittal failed to
meet requirements.
Refusal Upward adjustment Violator intentionally failed to return
of 50 to 100 percent to compliance or to allow clean-up
operations to take place. This does not
include refusal to allow inspections.
(b) Prophylactic Effect: The total base penalty may be adjusted upward or downward to ensure that the penalty is sufficient to provide a prophylactic effect on both the violator and the regulated community as a whole.
(c) Compliance History: The total base penalty may be decreased by five percent for each previous consecutive Enforcement Agency inspection report that has had no violations noted, up to a total reduction of ten percent. A separate, additional downward adjustment of 15 percent may be granted if the violator has a current International Organization for Standardization (ISO) 14001 Certificate. The total base penalty may be increased if the violator has demonstrated a history of noncompliance over the past five (5) years. The maximum adjustment factor for compliance history is an upward adjustment of 100 percent. When adjusting the penalty for compliance history, the Enforcement Agency shall consider the following criteria:
(1) Previous violations at the site in question receive more weight than previous violations at another site owned or operated by the same person;
(2) Recent violations receive more weight than older violations;
(3) The same or substantially similar previous violations receive more weight than previous unrelated violations.
(d) Ability to Pay: If the violator has provided the Enforcement Agency with the financial information necessary to assess the violator's ability to pay, the payment of the final penalty may be extended over a period of time if immediate, full payment would cause, in the judgment of the Enforcement Agency, extreme financial hardship. If extending the penalty payment over a period of time would cause, in the judgment of the Enforcement Agency, extreme financial hardship, the penalty may be reduced. No adjustment for ability to pay may be made if the penalty has been adjusted upward because of failure to cooperate, pursuant to subsection (a), or because of compliance history, pursuant to subsection (c).
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2 Health and Safety Code; and Section 11425.50, Government Code.
s 66272.69. Final Penalty.
The final penalty consists of the total base penalty, as defined in Section 66272.67, with any adjustments made pursuant to the adjustment factors set forth in Section 66272.68. The final penalty shall not exceed the statutory maximum.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2 Health and Safety Code; and Section 11425.50, Government Code.
s 66273.1. Scope.
(a) This chapter establishes requirements for managing the following:
(1) Batteries as described in section 66273.2;
(2) Thermostats as described in section 66273.4;
(3) Lamps as described in section 66273.5 (including, but not limited to, M003 Wastes);
(4) Cathode ray tube materials as described in section 66273.6;
(5) Universal waste electronic devices as described in section 66273.3;
(6) Aerosol cans as specified in Health and Safety Code section 25201.16;
(7) Mercury-containing motor vehicle switches [including, but not limited to, mercury-containing motor vehicle light switches as specified in Health and Safety Code section 25214.5 (M001 Wastes), and motor vehicles that contain such switches (M001 Wastes)], as described in section 66273.7.1;
(8) Non-automotive mercury switches and products that contain such switches (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(9) Dental amalgam wastes, as described in section 66273.7.3;
(10) Pressure or vacuum gauges, as described in section 66273.7.4;
(11) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(12) Mercury counterweights and dampers, as described in section 66273.7.6;
(13) Mercury thermometers, as described in section 66273.7.7
(14) Dilators and weighted tubing, as described in section 66273.7.8;
(15) Mercury-containing rubber flooring, as described in section 66273.7.9; and
(16) Mercury gas flow regulators, as described in section 66273.10.
(b) This chapter provides an alternative set of management standards in lieu of regulation as hazardous wastes under chapters 10 through 16, 18, and 20 through 22 of this division.
Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.1.
s 66273.2. Applicability -Batteries.
(a) Batteries covered under chapter 23. The requirements of this chapter apply to persons managing batteries, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Batteries not covered under this chapter. The requirements of this chapter do not apply to persons managing the following batteries:
(1) Automotive type spent lead-acid batteries. Automotive-type spent lead acid storage batteries are managed under article 7 of chapter 16. Small sealed lead-acid storage batteries are not automotive type lead-acid batteries.
(2) Batteries, as described in section 66273.9, that are not yet wastes under chapter 11, including those that do not meet the criteria for waste generation in subsection (c).
(3) Batteries, as described in Section 66273.9, that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(c) Generation of waste batteries.
(1) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).
(2) An unused battery becomes a waste on the date the handler decides to discard it.
Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.2.
s 66273.3. Applicability -Electronic Devices.
(a) Universal waste electronic devices covered under chapter 23.
(1) The requirements of this chapter apply to persons managing electronic devices, as described in section 66273.9, except those listed in subsection (b) of this section.
(2) Discarded electronic devices that are hazardous solely because the device exhibits the characteristic of toxicity specified in section 66261.24 may be managed as a universal waste.
(b) Electronic devices not covered under chapter 23.
The requirements of this chapter do not apply to persons managing the following electronic devices:
(1) Electronic devices that are not yet wastes under chapter 11. Subsection (c) of this section describes when electronic devices become wastes.
(2) Electronic devices that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 and that are not otherwise identified as hazardous waste under chapter 11.
(3) Electronic devices that exhibit any characteristic of a hazardous waste other than the characteristic of toxicity.
(4) Electronic devices that are destined for disposal or are disposed to a class I landfill, in which case the universal waste electronic device shall be managed as hazardous waste under chapters 10 through 22.
(5) Electronic devices that are managed as hazardous waste under chapters 10 through 22 of this division;
(6) Electronic devices that are exempted pursuant to subsection 66273.8(c);
(7) Electronic devices that were previously identified as waste under chapter 11, but are no longer identified as a waste (e.g., a discarded universal waste electronic device that is refurbished and is returned to service).
(c) Generation of waste electronic devices.
(1) A used electronic device becomes a waste on the date it is discarded (e.g., when sent for reclamation).
(2) An unused electronic device becomes a waste on the date the owner decides to discard it.
Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code.
s 66273.4. Applicability -Mercury Thermostats.
(a) Thermostats covered under chapter 23. The requirements of this chapter apply to persons managing thermostats, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Thermostats not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following thermostats:
(1) Thermostats that are not yet wastes under chapter 11. Subsection (c) of this section describes when thermostats become wastes.
(2) Thermostats that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(c) Generation of waste thermostats.
(1) A used thermostat becomes a waste on the date it is discarded (e.g., sent for reclamation).
(2) An unused thermostat becomes a waste on the date the handler decides to discard it.
Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code; 40 CFR Section 273.4.
s 66273.5. Applicability -Lamps.
(a) Lamps covered under this chapter. The requirements of this chapter apply to persons managing the following:
(1) lamps, as described in section 66273.9, that exhibit a characteristic of a hazardous waste, as set forth in article 3 of chapter 11;
(2) on or after February 9, 2004:
(A) mercury-added lamps, as described in section 66273.9, that meet listing description M003 in section 66261.50; and
(B) products that contain such lamps, except those listed in subsection (b) of this section.
(b) Lamps not covered under this chapter. The requirements of this chapter do not apply to persons managing the following:
(1) Lamps that are not yet wastes under chapter 11 as provided in subsection (c) of this section.
(2) Lamps that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 and do not contain mercury (i.e., lamps that do not meet the listing description for M003 wastes in section 66261.50).
(3) Lamps which are not destined for an authorized recycling facility; these lamps are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(4) Vehicles that contain mercury-added lamps, unless such vehicles exhibit a characteristic of a hazardous waste, as set forth in article 3 of chapter 11.
(5) Waste motor vehicles from which all mercury-added lamps have not been removed that are crushed, baled, sheared, or shredded; if they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, these motor vehicles are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste lamps.
(1) A used lamp becomes a waste on the date it is discarded.
(2) An unused lamp becomes a waste on the date the handler decides to discard it.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25179.4, Health and Safety Code; 40 CFR Section 273.5.
s 66273.6. Applicability -CRT Materials.
(a) CRT materials covered under chapter 23.
The requirements of this chapter apply to CRT materials, as described in section 66273.9, except those listed in subsection (b).
(b) CRT materials not covered under chapter 23.
The requirements of this chapter do not apply to the following CRT materials:
(1) CRT materials that are not yet wastes under chapter 11 as provided in subsection (c) of this section;
(2) CRT materials that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11;
(3) CRT materials that are destined for disposal or are disposed to a class I landfill, in which case the CRT materials shall be managed as hazardous waste under chapters 10 through 22;
(4) CRT materials that are managed as hazardous waste under chapters 10 through 22 of this division;
(5) CRT materials exempted pursuant to subsection 66273.8(c);
(6) CRT materials that were previously wastes under chapter 11, but are no longer wastes (e.g., a discarded CRT device that is refurbished and is returned to service).
(c) Generation of CRT materials.
(1) A CRT device or CRT becomes a waste on the date when the earlier of the following occur:
(A) The owner discards it; or
(B) The CRT or the CRT in the CRT device is physically cracked, broken, or shattered.
(2) CRT glass released or derived from a CRT or a CRT device becomes a waste on the date that the CRT glass is released or derived from the CRT or the CRT device.
Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code.
s 66273.7. [Reserved.]
s 66273.7.1. Applicability -Motor Vehicles That Contain Mercury Switches and Switches Removed from Motor Vehicles.
(a) Switches and vehicles covered under chapter 23. Except as provided in subsection (b), the requirements of this chapter apply to persons managing the following:
(1) Mercury-containing motor vehicle switches, as described in section 66273.9, that exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(2) On or after January 1, 2005:
(A) mercury-containing motor vehicle light switches, as described in section 66273.9, that meet listing description M001 in section 66261.50;
(B) motor vehicles that contain such switches; and
(C) portions of motor vehicles that contain such switches.
(b) Switches and vehicles not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following:
(1) Mercury-containing motor vehicle switches that are not wastes under chapter 11. Subsection (c) of this section describes when motor vehicle switches become wastes.
(2) Motor vehicle switches that do not contain mercury.
(3) Motor vehicles and portions of motor vehicles from which all mercury-containing light switches have been removed.
(4) Waste mercury-containing motor vehicle switches that are not destined for an authorized recycling facility; these switches are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(5) Waste motor vehicles and portions of motor vehicles from which all mercury light switches have not been removed (other than switches that cannot be removed due to accidental damage to the vehicle), and that are crushed, baled, sheared, or shredded. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, these motor vehicles or portions of motor vehicles are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)
(c) Generation of waste mercury-containing motor vehicle switches and waste motor vehicles with mercury light switches.
(1) A used mercury-containing motor vehicle switch becomes a universal waste on the date a handler removes it from a motor vehicle and decides to discard it.
(2) On or after January 1, 2005, a motor vehicle from which any mercury-containing light switches have not been removed becomes a universal waste on the date any person decides to crush, bale, shear, or shred it.
(3) An unused mercury-containing motor vehicle switch becomes a waste on the date the handler decides to discard it.
Note: Authority cited: Sections 25141, 25150, 25214.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25214.6, Health and Safety Code.
s 66273.7.2. Applicability -Products That Contain Mercury Switches and Switches Removed from Products.
(a) Switches and products covered under chapter 23. Except as provided in subsection (b), the requirements of this chapter apply to persons managing the following:
(1) Non-automotive mercury switches, and products that contain such switches, as described in section 66273.9, that exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(2) On or after February 9, 2006, non-automotive mercury switches, and products that contain such switches, as described in section 66273.9, that meet listing description M002 in section 66261.50.
(b) Switches and products not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following:
(1) Non-automotive mercury switches, and products that contain such switches that are not wastes under chapter 11. Subsection (c) of this section describes when non-automotive mercury switches, and products that contain such switches, become wastes.
(2) Non-automotive switches, and products that contain such switches that do not contain mercury.
(3) Until February 8, 2006, products that contain non-automotive mercury switches that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(4) Products from which all non-automotive mercury switches have been removed.
(5) Waste non-automotive mercury switches that are not destined for an authorized recycling facility; these switches are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(6) Waste appliances and portions of appliances from which all non-automotive mercury switches have not been removed and that are crushed, baled, sheared, or shredded. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, these appliances are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)
(c) Generation of waste non-automotive mercury switches and waste products with mercury switches.
(1) A used non-automotive mercury switch becomes a universal waste on the date a handler discards it or removes it from a product in order to discard it.
(2) A product that contains one or more non-automotive mercury switches becomes a universal waste on the date the owner discards the product.
(3) An unused non-automotive mercury switch becomes a waste on the date the handler decides to discard it.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25212, Health and Safety Code.
s 66273.7.3. Applicability -Dental Amalgam Wastes.
(a) Dental amalgam wastes covered under chapter 23. The requirements of this chapter apply to persons managing dental amalgam wastes, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Dental amalgam wastes not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following dental wastes:
(1) Dental amalgam that is not waste under chapter 11. Subsection (c) of this section describes when dental amalgam becomes waste.
(2) Empty used amalgam capsules.
(3) Waste dental restorative materials that do not contain mercury.
(4) Dental amalgam wastes that are not destined for an authorized recycling facility; these wastes are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of dental amalgam wastes.
(1) Teeth that contain dental amalgam restorations become universal wastes on the date they are discarded.
(2) Scrap dental amalgam, including excess mix, becomes universal waste on the date it is discarded.
(3) Amalgam particles contained in reusable chair side traps, reusable vacuum pump filters, and amalgam separators become universal wastes on the date they are removed from these traps, filters, and amalgam separators.
(4) Disposable chair side traps and vacuum pump filters that contain amalgam particles become universal wastes on the date they are discarded.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.
s 66273.7.4. Applicability -Mercury-Containing Pressure or Vacuum Gauges.
(a) Pressure or vacuum gauges covered under chapter 23. The requirements of this chapter apply to persons managing pressure or vacuum gauges, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Pressure or vacuum gauges not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following pressure or vacuum gauges:
(1) Pressure or vacuum gauges that are not wastes under chapter 11. Subsection (c) of this section describes when mercury-containing devices become waste.
(2) Waste pressure or vacuum gauges that do not contain mercury.
(3) Waste pressure or vacuum gauges that are not destined for an authorized recycling facility; these gauges are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste pressure or vacuum gauges.
(1) Used pressure or vacuum gauges become wastes on the date they are discarded.
(2) Unused pressure or vacuum gauges become wastes on the date the handler decides to discard them.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.
s 66273.7.5. Applicability -Mercury-Added Novelties.
(a) Mercury-added novelties covered under chapter 23. Except as provided in subsection (b), the requirements of this chapter apply to persons managing the following:
(1) Mercury-added novelties, as described in section 66273.9 that exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(2) On or after January 1, 2004, mercury-added novelties, as described in section 66273.9 that that meet listing description M004 in section 66261.50.
(b) Novelties not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following novelties:
(1) Mercury-added novelties that are not wastes under chapter 11. Subsection (c) of this section describes when mercury-containing devices become waste.
(2) Waste novelties that do not contain mercury.
(3) Waste mercury-added novelties that contain liquid mercury and are not destined for an authorized recycling facility; these novelties are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste mercury-added novelties.
(1) Used mercury-added novelties become wastes on the date they are discarded.
(2) Unused mercury-added novelties become wastes on the date the handler decides to discard them.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.
s 66273.7.6. Applicability -Mercury Counterweights and Dampers.
(a) Mercury counterweights and dampers covered under chapter 23. The requirements of this chapter apply to persons managing mercury counterweights and dampers, as described in section 66273.9, and products containing mercury counterweights and dampers, except those listed in subsection (b) of this section.
(b) Counterweights and dampers not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following counterweights and dampers and products containing counterweights and dampers:
(1) Mercury counterweights and dampers, and products containing mercury counterweights and dampers that are not wastes under chapter 11. Subsection (c) of this section describes when mercury counterweights and dampers become wastes.
(2) Waste counterweights and dampers that do not contain mercury and products with counterweights and dampers that do not contain mercury.
(3) Waste products from which mercury counterweights and dampers have been removed.
(4) Waste mercury counterweights and dampers that are not destined for an authorized recycling facility; these counterweights and dampers are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste mercury counterweights and dampers, and waste products containing mercury counterweights and dampers.
(1) A used mercury counterweight or damper, or a used product containing one or more mercury counterweights or dampers becomes a waste on the date a handler discards it.
(2) An unused mercury counterweight or damper, or an unused product containing one or more mercury counterweights or dampers becomes a waste on the date the handler decides to discard it.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.
s 66273.7.7. Applicability -Mercury Thermometers.
(a) Thermometers covered under chapter 23. The requirements of this chapter apply to persons managing thermometers, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Thermometers not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following thermometers:
(1) Mercury thermometers that are not wastes under chapter 11. Subsection (c) of this section describes when mercury thermometers become waste.
(2) Waste thermometers that do not use the expansion and contraction of a column of mercury to measure temperature.
(3) Waste mercury thermometers that are not destined for an authorized recycling facility; these thermometers are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste thermometers.
(1) Used thermometers become wastes on the date they are discarded.
(2) Unused thermometers become wastes on the date the handler decides to discard them.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.
s 66273.7.8. Applicability -Mercury Dilators and Weighted Tubing.
(a) Dilators and weighted tubing covered under chapter 23. The requirements of this chapter apply to persons managing dilators and weighted tubing, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Dilators and weighted tubing not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following dilators and weighted tubing:
(1) Mercury-containing dilators and weighted tubing that are not wastes under chapter 11. Subsection (c) of this section describes when mercury dilators and weighted tubing become waste.
(2) Waste dilators and weighted tubing that do not contain mercury.
(3) Waste mercury-containing dilators and weighted tubing that are not destined for an authorized recycling facility; these dilators and weighted tubing are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste dilators and weighted tubing.
(1) Used dilators and weighted tubing become wastes on the date they are discarded.
(2) Unused dilators and weighted tubing become wastes on the date the handler decides to discard them.
Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.
s 66273.7.9. Applicability -Mercury-Containing Rubber Flooring.
(a) Mercury-containing rubber flooring covered under chapter 23. The requirements of this chapter apply to persons managing mercury-containing rubber flooring, as described in section 66273.9, except that listed in subsection (b) of this section.
(b) Rubber flooring not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following rubber flooring:
(1) Mercury-containing rubber flooring that is not waste under chapter 11. Subsection (c) of this section describes when mercury-containing rubber flooring becomes waste.
(2) Rubber flooring that does not contain mercury.
(c) Generation of waste mercury-containing rubber flooring.
(1) Used mercury-containing rubber flooring becomes a waste on the date it is discarded.
(2) Unused mercury-containing rubber flooring becomes a waste on the date the handler decides to discard it. (continued)