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(continued)
(g) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
Note: Authority cited: Sections 25141, 25150, 25150.2, 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, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; Section 42476.5, Public Resources Code; and 40 CFR Section 273.40.
s 66273.41. Accumulation of Mercury-Containing Universal Wastes Received from Other Universal Waste Handlers.
(a) A large quantity handler of universal waste may accumulate the following universal wastes received from other handlers only at a location where accumulation of universal waste is consistent with local land use zoning or land use patterns:
(1) Mercury-containing motor vehicle switches (including, but not limited to M001 Wastes), and motor vehicles that contain such switches (M001 Wastes), as described in section 66273.7.1;
(2) Non-automotive mercury switches and products that contain such switches (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(3) Dental amalgam wastes, as described in section 66273.7.3;
(4) Pressure or vacuum gauges, as described in section 66273.7.4;
(5) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(6) Mercury counterweights and dampers, as described in section 66273.7.6;
(7) Mercury thermometers, as described in section 66273.7.7;
(8) Mercury dilators and weighted tubing, as described in section 66273.7.8;
(9) Mercury containing rubber flooring, as described in section 66273.7.9; and
(10) Mercury gas flow regulators, as described in section 66273.10.
(b) A large quantity handler of universal waste who accumulates any of the universal wastes listed in subsection (a) received from other handlers shall:
(1) Comply with all applicable requirements for handlers of hazardous materials;
(2) Disclose that mercury is being handled in all applicable business and use permitting applications;
(3) Comply with the location standards in section 66265.18;
(4) Comply with the seismic precipitation design standards in section 66265.25;
(5) Accumulate universal wastes listed in subsection (a) only in areas that are zoned for commercial or industrial uses; and
(6) Accumulate universal wastes listed in subsection (a) in a location that does not pose site specific land use hazards or contain sensitive habitat area, based on a review of state and local planning documents and constraints mapping.
Note: Authority cited: Sections 25141, 25150, 25214.6, 25219.1, 25219.2 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25212, 25214.6, 25219, 25219.1 and 25219.2, Health and Safety Code.
s 66273.50. Applicability.
This article applies to universal waste transporters (as defined in section 66273.9).
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 273.50.
s 66273.51. Prohibitions.
A universal waste transporter is:
(a) Prohibited from disposing of universal waste;
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in section 66273.54 and;
(c) Prohibited from transporting more than five CRTs and CRT devices at any one time unless the CRT materials are contained as described in subsection 66273.83(a)(1).
(d) Prohibited from transporting more than 100 kilograms or 220 pounds universal waste electronic devices at any one time unless the universal waste electronic devices are contained as described in subsection 66273.13(d)(1) or 66273.33(d)(1).
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, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.51.
s 66273.52. Waste Management.
(a) A universal waste transporter shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.
(b) Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under chapter 12 and are conditionally exempt from classification as a hazardous waste, they may not be described by the DOT proper shipping name "hazardous waste, ( l) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word "waste".
Note: Authority cited: Sections 25141, 25150, 25150.6, 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 273.52.
s 66273.53. Storage Time Limits.
(a) A universal waste transporter or a CRT material transporter may only store the universal waste or CRT materials at a universal waste transfer facility for ten days or less in an area zoned "industrial" and for six days or less in all other areas.
(b) If a universal waste transporter or a CRT material transporter stores universal waste or CRT material for more than ten days in an area zoned "industrial" or for more than six days in any other area, the transporter becomes a universal waste handler or a CRT material handler and shall comply with the applicable requirements of article 2 or 3 or 7 of this chapter while storing the universal waste.
Note: Authority cited: Sections 25141, 25150, 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, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.53.
s 66273.54. Response to Releases.
(a) A universal waste transporter shall immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of this division. If the waste is determined to be a hazardous waste, the transporter is subject to chapter 12.
(c) Waste consisting only of residues of leaking, broken, or otherwise damaged universal waste may be managed as universal waste provided that the leaking, broken, or otherwise damaged universal waste is repackaged according to the standards of section 66273.13 or 66273.33.
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 273.54.
s 66273.55. Off-Site Shipments.
(a) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.
(b) If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR section 171.8, the shipment shall be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR part 172.
Note: Authority cited: Sections 25141, 25150, 25150.6, 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 273.55.
s 66273.56. Exports.
A universal waste transporter transporting a shipment of universal waste to a foreign destination other than to those OECD countries specified in section 66262.58(a)(1) (in which case the transporter is subject to the requirements of article 8 of chapter 12) may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter shall ensure that:
(a) A copy of the EPA Acknowledgment of Consent accompanies the shipment; and
(b) The shipment is delivered to the facility designated by the person initiating the shipment.
(c) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
Note: Authority cited: Sections 25141, 25150, 25150.2, 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, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.56.
s 66273.60. Applicability.
(a) The owner or operator of a destination facility (as defined in section 66273.9) is subject to all applicable requirements of chapters 14, 15, 16, 18, 20, and 22 of this chapter, and the notification requirement under Health and Safety Code section 25153.6.
(b) The owner or operator of a destination facility that recycles universal waste shall comply with the applicable provisions of chapter 14 or 15 and the applicable provisions of chapter 20.
Note: Authority cited: Sections 25141, 25150, 25150.6, 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 273.60.
s 66273.61. Off-Site Shipments.
(a) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.
(b) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, he shall contact the shipper to notify him of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility shall:
(1) Send the shipment back to the original shipper, or
(2) If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.
(c) If the a owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility shall immediately notify the Department of the illegal shipment, and provide the name, address, and phone number of the shipper. The Department will provide instructions for managing the hazardous waste.
(d) If the owner or operator of a destination facility receives a shipment of non-hazardous, non-universal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal or state solid waste regulations.
Note: Authority cited: Sections 25141, 25150, 25150.6, 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 273.61.
s 66273.62. Tracking Universal Waste Shipments.
(a) The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received shall include the following information:
(1) The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent;
(2) The quantity of each type of universal waste received (e.g., batteries, thermostats, lamps);
(3) The date of receipt of the shipment of universal waste.
(b) The owner or operator of a destination facility shall retain the records described in subsection (a) of this section for at least three years from the date of receipt of a shipment of universal waste.
Note: Authority cited: Sections 25141, 25150, 25150.6, 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 273.62.
s 66273.70. Imports.
Persons managing universal waste that is imported from a foreign country into the United States are subject to the applicable requirements of this chapter, immediately after the waste enters the United States, as indicated in subsections (a) through (c) of this section:
(a) A universal waste transporter is subject to the universal waste transporter requirements of article 4.
(b) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of article 2 or 3, as applicable.
(c) An owner or operator of a destination facility is subject to the destination facility requirements of article 5.
(d) Persons managing universal waste that is imported from an OECD country as specified in section 66262.58(a)(1) are subject to subsections (a) through (c) of this section, in addition to the requirements of article 8 of chapter 12.
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 273.70.
s 66273.80. Applicability.
This article applies to CRT material handlers (as defined in section 66273.9) except for households and conditionally exempt small quantity universal waste generators, as provided in section 66273.8.
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.
s 66273.81. Prohibitions.
A CRT material handler is:
(a) Prohibited from disposing of the CRT material; and
(b) Prohibited from diluting or treating the CRT material, unless the handler is responding to a release as provided in section 66273.87 or the handler is managing specific wastes as provided in section 66273.83.
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.
s 66273.82. Notification and Reporting Requirements for CRT Material Handlers.
(a) Notification: A CRT material handler who intends to handle any CRT materials from any offsite source shall notify the Department at least 30 days prior to accepting any CRT materials. This notification shall include the information specified below.
(1) Name of CRT material handler;
(2) Telephone number of CRT material handler;
(3) Type of handler for purposes of Public Resources Code, division 30, part 3, chapter 8.5 (collector, recycler, dual entity);
(4) Mailing address of CRT material handler, and physical address if different;
(5) Name of the contact person
(6) Telephone number of the contact person;
(7) An e-mail address of the contact person or organization, if available.
(8) The types of CRT materials expected to be handled;
(9) The sources of CRT materials (i.e., residential collections, business asset recovery, other collectors, etc.);
(b) Annual Report
(1) A CRT material handler that accepts five or less CRTs, five or less CRT devices, or 100 kilograms or less of CRT glass per calendar year from offsite sources is not required to submit an annual report to the Department for those universal waste handling activities.
(2) A CRT material handler that accepts more than five CRTs or more than five CRT devices or more than 100 kilograms of CRT glass per calendar year from any offsite source shall, by February 1 of each calendar year, submit a written annual report containing the information specified in subparagraph (4) to the Department. The information submitted under this subsection shall cover CRT material handling activities during the previous calendar year.
(3) A CRT material handler that generates 5,000 kilograms (about 200 CRTs) or more of CRT material (CRTs, CRT devices and CRT glass calculated collectively) per calendar year shall, by February 1 of each calendar year, submit a written annual report containing the information specified in subparagraph (4) to the Department. The information submitted under this subsection shall cover CRT material handling activities during the previous calendar year.
(4) This annual report shall include:
(A) The CRT material handler's name and mailing address;
(B) The name and business telephone number of the person at the CRT material handler's site who should be contacted regarding universal waste management activities;
(C) The address or physical location including the county of the CRT material management activities;
(D) The total quantity of CRTs (count), the total quantity of CRT devices (count) and the total quantity of CRT glass (weight) handled during the previous year;
(E) A list including the names, addresses, and phone numbers of each location that the handler shipped CRTs to during the previous year and the total quantity of CRTs (count) shipped to each location;
(F) A list including the names, addresses, and phone numbers of each location that the handler shipped CRT devices to during the previous year and the total quantity of CRT devices (count) shipped to each location;
(G) A list including the names, addresses, and phone numbers of each location that the handler shipped CRT glass to during the previous year and the total quantity of CRT glass (weight) shipped to each location.
(c) Whenever necessary, handlers who use mass based inventory systems may convert mass data to count data through application of an appropriate conversion factor (e.g., 30 pounds per CRT) to fulfill this notification requirement. Handlers who perform data conversions shall indicate that the count data was derived from mass data and shall include the conversion factor(s) used in their notification.
(d) Written notifications and reports shall be submitted to the Department by certified mail, return receipt requested to: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: CRT Materials Handling Activities" prominently displayed on the front of the envelope.
(e) Electronic notifications submitted under this section shall be submitted to www.dtsc.ca.gov.
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 66273.83. Waste Management.
(a) Containment.
A CRT material handler shall manage CRT materials in a manner that prevents release of any CRT material or component of a CRT material to the environment, as follows:
(1) A CRT material handler shall contain any CRT materials in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the container (CRTs, CRT devices and CRT glass). Such containers and packages shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. A CRT material handler who manages whole CRT devices in a manner that prevents breakage of the CRT and release of CRT glass (e.g, shrink-wrapped on a pallet) shall be considered to comply with this requirement.
(2) A CRT material handler shall immediately clean up and place in a container any CRTs, CRT devices and CRT glass that is broken and shall place in a container any CRTs, CRT devices and CRT glass that shows evidence of breakage, leakage, or damage that could cause the release of lead or other hazardous constituents to the environment. Containers shall be structurally sound, and compatible with the contents of the container (CRTs, CRT devices and CRT glass) and shall lack evidence of leakage, spillage or damage that could cause the release of glass or other hazardous constituents to the environment under reasonably foreseeable conditions.
(b) CRT removal.
(1) A CRT material handler may remove CRTs from CRT devices provided the handler:
(A) Removes the CRTs in a manner designed to prevent breakage of the CRTs;
(B) Removes the CRTs only over or in a containment device (e.g., a tray, a box, or an enclosed machine) sufficient in size and construction to contain any CRT glass that may be released in the event of breakage;
(C) Ensures that persons removing CRTs are thoroughly familiar with the techniques and safety precautions required to safely remove CRTs (e.g., releasing the vacuum, discharging the tube);
(D) Packages the removed CRTs in a container with sufficient packing materials to prevent breakage during handling, storage and transportation.
(2) A CRT material handler who removes CRTs from CRT devices shall determine whether any of the remaining portion of the CRT device or any other waste generated during the removal process exhibits any characteristic of a hazardous waste identified in article 3 of chapter 11 and, if so, shall manage the hazardous waste in compliance with all applicable requirements of this division.
(c) Yoke removal.
A CRT material handler may treat or recycle CRTs (conduct yoke removal) provided the handler:
(1) Does not break the CRT glass.
(2)(A) Submits a notification to the Department pursuant to subparagraphs 1 and 2.
1. For a facility that treats or recycles CRT material by yoke removal, the CRT material handler at that facility shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 2 no later than 30 days prior to treating or recycling any CRT material.
2. This notification shall include:
a. The information specified in subsections 66273.82(b)(4)(A), (b)(4)(B), and (b)(4)(C);
b. The name, mailing address and telephone number of the owner of the facility;
c. A description of the type of CRT material treated (CRTs or CRT devices);
d. A description of the treatment processes used;
e. Documentation that the facility operator has notified the facility property owner (if different from the operator of the facility) that the operator is conducting CRT waste treatment or recycling operations at the facility;
(B) Completes, signs and dates the notification required by this paragraph in accordance with the requirements of section 66270.11 as those requirements apply to permit applications;
(3) Maintains on file the documents specified in subparagraphs (3)(A) and (3)(B) at the facility by no later than 30 days prior to recycling or treating any CRT material. The CRT material handler shall make these documents available upon demand at the facility to any representative of the Department, the U. S. EPA or a local governmental agency having jurisdiction over the facility. A copy of these documents shall be delivered in person or by certified mail, return receipt requested, to the Department when requested in writing. The written request from the Department shall specify the documents that are required, where and how to submit those documents and the date by which those documents shall be submitted.
(A) A copy of the most recent notification submitted as required by subsection (c).
(B) A copy of any local air district permit and other permits required for the facility.
(4) Prepares and submits annual report to the Department. The annual report shall be delivered by certified mail, return receipt requested, to the Department by February 1 of each calendar year. The report shall be dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for each CRT material handler who treated CRT materials during the previous calendar year:
(A) The name, address, physical location and a description of the facility;
(B) The mailing address of the business entity that owns and operates the facility;
(C) The name, title and telephone number of the person at the facility who should be contacted regarding universal waste management activities at the facility;
(D) The facility EPA Identification number, if required;
(E) The number of days each facility operated;
(F) The total quantity (count or weight) of CRTs treated or recycled by the handler during the previous year;
(G) A list including the names, addresses, and phone numbers of each location to which the handler shipped CRTs and yokes to during the previous year and the total quantity of CRTs and yokes (weight) shipped to each location;
(H) The treatment or recycling method used for each CRT material treated by the facility;
(5) Does not accept any CRTs or CRT devices that are managed, or are required to be managed, as hazardous waste under chapters 10 through 22 of this division;
(6) Conducts the treatment for the purpose of recycling the CRTs or the CRT devices and the CRTs or CRT devices are transported to an authorized destination facility;
(7) Ensures all treatment is conducted over or in a containment device (e.g., a tray, box, workbench, table or enclosed machine) sufficient in size and construction to contain any CRT glass that may accidentally be released during yoke removal;
(8) Utilizes only treatment methods that employ mechanical removal of the yoke;
(9) Ensures the treatment is conducted without the use or application of heat or chemicals, including water;
(10) Ensures that all persons that perform treatment or recycling are thoroughly familiar with the associated hazards and have access to the proper procedures and protective equipment necessary to safely conduct the treatment and to comply with the requirements of this section;
(11) Ensures that the facility is operated in compliance with all applicable local and state air pollution control laws and regulations;
(12) Ensures that the facility is operated in compliance with all applicable worker health and safety laws and regulations [i.e., California Code of Regulations, title 8];
(13) Ensures that all materials generated as a result of the treatment processes are properly classified and managed in accordance with the applicable requirements of this division;
(14) Ensures that the activities conducted at the facility are consistent with local zoning or land use requirements for that site;
(15) Maintains compliance with the requirements of sections 66265.18 and 66265.25 of chapter 15 as those requirements apply to facility location and design standards.
(d) CRT material treatment and recycling.
A CRT material handler may treat or recycle CRTs, CRT devices or CRT glass provided the handler:
(1)(A) Submits notifications to the Department pursuant to subparagraphs 1 and 3.
1. For a facility that treats or recycles CRT material, the CRT material handler at that facility shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 2 no later than 30 days prior to treating or recycling any CRT material.
2. This notification shall include:
a. The information specified in subsections 66273.82(b)(4)(A), (b)(4)(B), and (b)(4)(C);
b. The name, mailing address and telephone number of the owner of the facility;
c. A description of the type of CRT material treated;
d. A description of the treatment processes used;
e. Documentation that the facility operator has notified the facility property owner (if different from the operator of the facility) that the operator is conducting CRT waste treatment or recycling operations at the facility;
3. For a facility that treated or recycled CRT material pursuant to this subsection, the CRT material handler at that facility shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 4 no later than 30 days prior to ceasing treatment or recycling activities at the facility, and shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 5 no later than 30 days after ceasing treatment or recycling activities at the facility.
4. This notification shall include:
a. The date when the CRT material handler expects to complete CRT material treatment or recycling activities;
b. The date when the CRT material handler expects to complete CRT material handling activities at the facility, if applicable; and
c. The date when the CRT material handler expects to close or vacate the facility.
5. This notification shall include:
a. The date of the last day on which the CRT material handler conducted CRT material treatment or recycling activities;
b. The date of the last day on which the CRT material handler conducted CRT material handling activities at the facility, if applicable; and
c. The date the CRT material handler closed or vacated the facility.
(B) Completes, signs and dates each notification required by this paragraph in accordance with the requirements of section 66270.11 as those requirements apply to permit applications;
(2) Submits to the Department, by certified mail, with return receipt requested, a cost estimate for closure pursuant to section 66265.142 by no later than 30 days prior to recycling or treating any CRT material;
(3) Submits to the Department, by certified mail, with return receipt requested, documentation demonstrating financial assurance for closure pursuant to section 66265.143 no later than 30 days prior to recycling or treating any CRT material;
(4) Submits to the Department, by certified mail, with return receipt requested, documentation demonstrating financial responsibility for liability pursuant to section 66265.147 no later than 30 days prior to recycling or treating any CRT material;
(5) Maintains on file the documents specified in subparagraphs (5)(A) and(5)(B) at the facility by no later than 30 days prior to recycling or treating any CRT material. The CRT material handler shall make these documents available upon demand at the facility to any representative of the Department, the U. S. EPA or a local governmental agency having jurisdiction over the facility. A copy of these documents shall be delivered in person or by certified mail, return receipt requested, to the Department when requested in writing. The written request from the Department shall specify the documents that are required, where and how to submit those documents and the date by which those documents shall be submitted.
(A) A copy of the most recent notification submitted as required by subsection (d).
(B) A copy of any local air district permit and other permits required for the facility.
(6) Prepares and submits an annual report to the Department. The annual report shall be delivered by certified mail, return receipt requested, to the Department by February 1 of each calendar year. The report shall be dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for each CRT material handler who treated CRT materials during the previous calendar year:
(A) The name, address, physical location and a description of the facility;
(B) The mailing address of the business entity that owns and operates the facility;
(C) The name, title and telephone number of the person at the facility who should be contacted regarding universal waste management activities at the facility;
(D) The facility EPA Identification number, if required;
(E) The number of days each facility operated;
(F) The total quantity (count or weight) of CRT devices treated or recycled by the handler during the previous year;
(G) The total quantity (count or weight) of CRTs treated or recycled by the handler during the previous year;
(H) A list including the names, addresses, and phone numbers of each location to which the handler shipped CRT glass to during the previous year and the total quantity of CRT glass (weight) shipped to each location;
(I) The treatment or recycling method used for each CRT material treated by the facility;
(7) Does not accept any CRTs, CRT devices or CRT glass that are managed, or are required to be managed, as hazardous waste under chapters 10 through 22 of this division;
(8) Conducts the treatment for the purpose of recycling one or more types of CRT glass and the CRT glass is reclaimed at a CRT glass manufacturer or at a primary or secondary lead smelter;
(9) Ensures all treatment is conducted over or in a containment device (e.g., a tray, box or enclosed machine) sufficient in size and construction to contain any CRT glass that may be released;
(10) Utilizes only treatment methods that employ one or more of the following technologies:
(A) physical processes that change only the physical properties of the waste such as cutting, sawing, breaking, shredding, crushing, or compacting; and/or
(B) separation based on differences in physical properties such as size, color, or density; and/or
(C) screening to separate components based on size;
(11) Ensures the treatment is conducted without the use or application of:
(A) chemicals, including water, other than recirculated coolant used in CRT cutting machines; or
(B) external heat, other than the use of a pinpoint torch to thermally check (crack) the CRT glass for separation;
(12) Ensures that all persons that perform treatment or recycling are thoroughly familiar with the associated hazards and have access to the proper procedures and protective equipment necessary to safely conduct the treatment and to comply with the requirements of this section;
(13) Ensures that the facility is operated in compliance with all applicable local and state air pollution control laws and regulations.
(14) Ensures that the facility is operated in compliance with all applicable worker health and safety laws and regulations [i.e., California Code of Regulations, title 8, subchapter 7 (General Industry Safety Orders), group 16 (Control of Hazardous Substances), article 107 (Dusts, Fumes, Vapors and Mists) and article 109 (Hazardous Substances and Processes), and section 5198 (Lead)].
(15) Ensures that all materials generated as a result of the treatment processes are properly classified and managed in accordance with the applicable requirements of this division.
(16) Ensures that the activities conducted at the facility are consistent with local zoning or land use requirements for that site.
(17) Maintains compliance with the requirements of sections 66265.18 and 66265.25 of chapter 15 as those requirements apply to facility location and design standards.
(e) A handler that treats or recycles CRT materials pursuant to subsections (c) and (d) of this section shall not be deemed to be operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.
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 66273.84. Labeling/Marking.
Each container or pallet in or on which CRTs, CRT devices or CRT glass are contained, including pallets that also contain items that are not waste, shall be labeled or marked clearly with one of the following phrases:
(a) For CRTs, "Universal Waste -CRT(s)" or "UW -CRT(s);"
(b) For CRT Devices, "Universal Waste -CRT Device(s)" or "UW -CRT Device(s);"
(c) For CRT Glass, "Universal Waste -CRT Glass" or "UW -CRT Glass."
(d) In lieu of labeling individual CRTs or CRT devices, a CRT material handler may accumulate CRTs and CRT devices within a designated area demarcated by boundaries that are clearly labeled as described above provided no other materials are stored within that area.
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.
s 66273.85. Accumulation Time Limits.
(a) A CRT material handler may accumulate CRT material for no longer than one year from the date the universal waste is generated, or received from another handler.
(b) A CRT material handler who accumulates CRT material shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received. The handler may make this demonstration by:
(1) Placing the CRT material in a container and marking or labeling the container with the earliest date that any CRT material in the container became a waste or was received;
(2) Marking or labeling each individual item of CRT material (e.g., each CRT or CRT device) with the date it became a waste or was received;
(3) Maintaining an inventory system on-site that identifies the date each CRT material became a waste or was received;
(4) Maintaining an inventory system on-site that identifies the earliest date that any CRT material in a group of CRT material items or a group of containers of CRT material became a waste or was received;
(5) Placing the CRT material in a specific accumulation area and identifying the earliest date that CRT material in the area became a waste or was received; or
(6) Any other method that clearly demonstrates the length of time that the CRT material has been accumulated from the date it became a waste or was received.
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.
s 66273.86. Employee Training.
(a) A CRT material handler shall inform all employees who handle or have responsibility for managing CRT material of the proper handling and emergency procedures appropriate for the waste handled at the facility.
(b) Employees who manage or handle waste CRT materials shall receive initial training on:
(1) the hazards associated with handling CRT materials (i.e., leaded glass);
(2) the requirements contained in this chapter; and
(3) the proper procedures for responding to and managing releases of CRT glass.
(c) Employees shall take part in an annual review of the initial training required in subsection (b) of this section.
(d) The CRT material handler shall maintain records of employee training received under subsection (b) of this section for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
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.
s 66273.87. Response to Releases.
(a) A CRT material handler shall immediately contain all releases of CRT material and residues from CRT material.
(b) A CRT material handler shall determine whether any material resulting from a release is hazardous waste and, if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The CRT material handler is considered the generator of material resulting from a release, and shall manage it in compliance with chapter 12.
(c) Waste consisting only of residues of leaking, broken, or otherwise damaged CRT material may be managed as universal waste provided that the leaking, broken, or otherwise damaged universal waste is repackaged according to the standards of section 66273.83.
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.
s 66273.88. Off-Site Shipments.
(a) A CRT material handler is prohibited from sending or taking CRT material to a place other than another CRT material handler, a destination facility, or a foreign destination.
(b) If a CRT material handler transports CRT material off-site, the handler is a universal waste transporter for those transportation activities and shall comply with the transporter requirements of article 4 of this chapter while transporting the CRT material.
(c) If a CRT material being offered for off-site transportation meets the definition of a hazardous material under 49 CFR parts 171 through 180, a CRT material handler shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;
(d) Prior to sending a shipment of CRT material to another CRT material handler, the originating handler shall obtain an agreement from the receiving handler that it will receive the shipment.
(e) If a CRT material handler sends a shipment of CRT material to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either:
(1) Receive the waste back when notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a destination facility to which the shipment will be sent.
(f) A CRT material handler may reject a shipment containing CRT material, or a portion of a shipment containing CRT material that is received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact and notify the originating handler of the rejection. The receiving handler shall:
(1) Send the shipment back to the originating handler, or
(2) Send the shipment to a destination facility (if agreed to by both the originating and receiving handler).
(g) If a CRT material handler receives a shipment of CRT material containing hazardous waste that is not a CRT material, the handler shall immediately notify the Department, in writing, of the shipment, and provide the name, address, and phone number of the originating shipper. The Department will provide instructions for managing the hazardous waste.
(h) If a CRT material handler receives a shipment of non-hazardous, non-universal waste, the handler shall manage the waste in compliance with applicable federal, state and local solid waste regulations.
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.
s 66273.89. Tracking Universal Waste Shipments of CRT Materials.
(a) Receipt of shipments.
A CRT material handler shall keep a record of each shipment of CRT materials received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of CRT material received shall include the following information:
(1) The name and address of the originating handler or foreign shipper;
(2) The quantity (count or weight) of each type of CRT material received (e.g., CRTs, CRT devices or CRT glass); and
(3) The date of receipt of the shipment.
(b) Shipments off-site.
A CRT material handler shall keep a record of each shipment of CRT material sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of CRT material sent shall include the following information:
(1) The name and address of the CRT material handler, destination facility, or foreign destination to whom the CRT material was sent;
(2) The quantity (count or weight) of each type of CRT material sent (e.g., CRTs, CRT devices, CRT glass);
(3) The date the shipment of CRT material left the facility.
(c) Record retention.
A CRT material handler shall retain the records described in this section for at least three years from the date of receipt or date of shipment of each shipment of CRT material.
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..
s 66273.90. Exports.
(a) A CRT material handler who sends CRT material to any foreign destination shall concurrently notify the Department and send a copy of that notification to the CUPA, or, if there is no CUPA, to the agency authorized pursuant to subdivision (f) of Health and Safety Code section 25404.3, of an intended export before such CRT material is scheduled to leave the United States. A completed notification shall be submitted four weeks before the initial shipment is intended to be shipped offsite. This notification shall cover export activities extending over a twelve (12) month or lesser period.
(b) The notification submitted pursuant to subsection (a) shall be in writing, signed by the CRT material handler, and include the following information:
(1) name, mailing address, and telephone number of the CRT material handler;
(2) the foreign destination, for each type of CRT material (i.e., CRTs, CRT device, or CRT glass):
(A) the amount of CRT material (by count or by weight);
(B) the estimated frequency or rate at which the CRT material is to be exported and the period of time over which the CRT material is to be exported;
(C) all points of entry to and departure from each foreign country through which the CRT material will pass;
(D) a description of the means by which each shipment of CRT materials will be recycled at the foreign destination; and
(E) the name and site address of the consignee or any alternate consignee.
(c) Notifications submitted under this section shall be sent to the following address by certified mail, return receipt requested: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: Notification to Export CRT Materials" prominently displayed on the front of the envelope.
(d) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
Note: Authority cited: Sections 25141, 25150, 25150.2, 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; and Section 42476.5, Public Resources Code..
s 66279.1. Definitions.
(a) "Exempt used oil" means used oil, in liquid form, which does not require treatment to achieve the minimum standards of purity set forth in Health and Safety Code section 25250.1(a)(3)(B), and which meets all of the requirements of Health and Safety Code section 25250.1(b)(1). Only the generator of the used oil may claim it is exempt used oil. The generator shall comply with the notification, testing, certification and recordkeeping requirements of Health and Safety Code sections 25250.1(b)(2), 25250.18 and 25250.19.
(b) "Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles. Household do-it-yourselfer used oil does not include used oil generated by service stations, lube oil shops, or similar businesses.
(c) "Recycled oil" means any oil, in liquid form, produced from used oil, which has been prepared for reuse, which achieves the minimum standards of purity set forth in Health and Safety Code sections 25250.1(a)(3)(B) and 25250.1(b)(1).
(d) "Synthetic oil" means oil derived from coal, oil shale, or polymers, and water-soluble petroleum-based oils. Vegetable or animal oil used as a lubricant, hydraulic fluid, heat transfer fluid or for other similar industrial purposes shall be managed as used oil if it is identified as a non-RCRA hazardous waste. Used vegetable or animal oil identified as RCRA hazardous waste is not used oil.
(e) "Used oil collection center" means:
(1) a used oil collection center defined in Public Resources Code section 48622; or
(2) a recycle-only household hazardous waste collection facility as defined in Health and Safety Code section 25218.1(n); or
(3) a household hazardous waste collection facility as defined in Health and Safety Code section 25218.1(f) and operating pursuant to a permit by rule; or
(4) a collection facility operating pursuant to Health and Safety Code section 25250.11.
(f) "Used oil transfer facility" means a transfer facility as defined in subdivision (a) of Health and Safety Code section 25123.3 that either stores used oil for periods greater than six days, or greater than 10 days for transfer facilities in areas zoned industrial by the local planning agency, or that transfers used oil from one container to another. Used oil transfer facilities are not deemed to be generators of used oil. (continued)