2005 California Health and Safety Code Sections 25140-25145.4 Article 4. Listings

25140.  The department shall prepare, adopt and may revise when
appropriate, a listing of the wastes which are determined to be
hazardous, and a listing of the wastes which are determined to be
extremely hazardous.  When identifying such wastes the department
shall consider, but not be limited to, the immediate or persistent
toxic effects to man and wildlife and the resistance to natural
degradation or detoxification of the wastes.
25141.  (a) The department shall develop and adopt by regulation
criteria and guidelines for the identification of hazardous wastes
and extremely hazardous wastes.
   (b) The criteria and guidelines adopted by the department pursuant
to subdivision (a) shall identify waste or combinations of waste,
that may do either of the following, as hazardous waste because of
its quantity, concentration, or physical, chemical, or infectious
characteristics:
   (1) Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness.
   (2) Pose a substantial present or potential hazard to human health
or the environment, due to factors including, but not limited to,
carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative
properties, or persistence in the environment, when improperly
treated, stored, transported, or disposed of, or otherwise managed.
   (c) Except as provided in Section 25141.5, any regulations adopted
pursuant to this section for the identification of hazardous waste
as it read on January 1, 1995, which are in effect on January 1,
1995, shall be deemed to comply with the intent of this section as
amended by this act during the 1995 portion of the 1995-96 Regular
Session of the Legislature.
25141.2.  (a) (1) Except as provided in paragraph (2), the
department shall not publish a notice of a proposal to adopt, amend,
or repeal regulations pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code)
pertaining to the criteria and guidelines for the identification of
hazardous waste or to management standards for special wastes until
the findings of the external scientific peer review entity convened
pursuant to Section 57004 have been issued and the department has
reviewed those findings.
   (2) Notwithstanding any other provision of law, the department
shall not publish a notice of a proposal to adopt, amend, or repeal
the regulations specified in paragraph (1) before January 1, 1999.
   (b) With respect to the regulations specified in subdivision (a),
the department shall submit for public comment its analysis of any
hazardous waste management activity to be exempted from this chapter
pursuant to subdivision (b) of Section 25150.6 and its demonstration
that the exemption satisfies the requirements of subdivision (c) of
Section 25150.6 on the earlier of the following dates:
   (1) The date that the department issues its draft environmental
impact report on the proposed regulations.
   (2) The date the department publishes its notice of proposed
regulatory action pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
   (c) Subdivision (b) does not prohibit the department from revising
its analysis or demonstration to respond to public comments before
the adoption of the regulations.
   (d) The department shall, prior to adopting the final version of
any regulations specifying the criteria and guidelines for the
identification of hazardous waste pursuant to Section 25141 and
submitting the adopted regulations to the Office of Administrative
Law, do all of the following:
   (1) Determine which aspects of the final version of the
regulations have been changed subsequent to an external scientific
peer review of the scientific basis and scientific portions of the
regulations as initially proposed and identify the scientific basis
and empirical data or other scientific findings, conclusions, and
assumptions upon which the changes are premised.
   (2) Submit each change identified pursuant to paragraph (1),
together with all supporting scientific material, to external
scientific peer review pursuant to paragraph (1) of subdivision (d)
of Section 57004 if both of the following apply:
   (A) The change is related to establishing a regulatory level,
standard, or other requirement for the protection of public health,
safety, or the environment.
   (B) The change is not directly related to, and is not a response
to, the findings of the external scientific peer review of the
regulations as initially proposed.
   (3) Comply with the requirements of paragraph (2) of subdivision
(d) of Section 57004.
   (e) (1) The department may utilize the CalTox model and the
criteria and guidelines for the identification of hazardous waste, if
the criteria and guidelines have been adopted pursuant to the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), to generate new values for soluble
constituents.
   (2) Notwithstanding paragraph (1), the department shall not amend
or repeal the regulations adopted pursuant to this chapter that are
in effect on the effective date of the act adding this section during
the 1997-98 Regular Session, with respect to the testing procedure
employed to measure solubility or with respect to the regulatory
thresholds measured by that testing procedure until an external
scientific peer review entity convened pursuant to Section 57004
makes the following finding:
   (A) The new proposed testing procedure for solubility is based on
sound scientific knowledge, methods, and practices and will predict,
with a reasonable degree of accuracy, the long-term mobility in
landfill leachate of each hazardous constituent for which the
department has established by regulation a soluble threshold limit
concentration.
   (B) For those hazardous constituents whose long-term mobility in
landfill leachate cannot be accurately measured by any testing
procedure that can be developed within a reasonable period of time,
the soluble threshold limit concentration can be adjusted in a
scientifically sound manner to compensate for the extent of
inaccuracy of the testing procedure for that constituent.
   (3) In establishing revised total threshold limit concentrations
in any proposed regulations pertaining to the criteria and guidelines
for the identification of hazardous waste pursuant to Section 25141,
the department shall not base the total threshold limit
concentration for any hazardous constituent in whole, or in part, on
an assumption that when wastes are placed on or in the land outside
of a permitted disposal facility, those wastes will be mixed or
diluted, unless an external scientific peer review entity convened
pursuant to Section 57004 finds that the department has demonstrated,
in a sound scientific manner, that the assumption that dilution or
mixing will occur when the wastes are applied or disposed to land is
a reasonable representation of waste management practices in the
state, while taking into account reasonably foreseeable mismanagement
of wastes, and that these application or disposal practices do not
pose significant public health or environmental risks.
25141.5.  (a) When classifying a waste as hazardous pursuant to the
criteria in paragraph (8) of subdivision (a) of Section 66261.24 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1993, the department shall incorporate the department's
decision into a regulation, if the department determines that the
waste's classification as a hazardous waste is likely to have broad
application beyond the producer who initiated the request.
   (b) Unless the department makes a determination after January 1,
1996, by regulation, that additional criteria are necessary to
protect the public health, safety, and environment of the state, the
department shall use the following criteria and procedures for the
identification and regulation of the following types of hazardous
waste:
   (1) In identifying wastes that are hazardous due to the
characteristic of reactivity, the department shall rely on objective
analytical  tests, procedures, and numerical thresholds set forth in
the regulations or guidance documents adopted by the United States
Environmental Protection Agency.
   (2) (A) On and after January 1, 1997, in identifying wastes that
are hazardous due to the characteristic of acute oral toxicity, as
defined in the regulations adopted by the department pursuant to this
chapter, the department shall use an oral LD50 threshold of less
than 2,500 milligrams per kilogram, unless the department adopts
revised regulations setting forth a different threshold for acute
oral toxicity, based on a review and update of the scientific basis
for this criterion.
   (B) Notwithstanding any other provision of this chapter or the
regulations adopted by the department prior to January 1, 1996, to
the extent consistent with the federal act, the substances listed in
this subparagraph shall not be classified as hazardous waste due
solely to the characteristic of acute oral toxicity.  The language in
parentheses following the scientific name of each of the substances
listed in this paragraph describes one or more common uses of each
substance, and is provided for informational purposes only.
   (i) Acetic acid (vinegar).
   (ii) Aluminum chloride (used in deodorants).
   (iii) Ammonium bromide (used in textile finishing and as an
anticorrosive agent).
   (iv) Ammonium sulfate (used as a food additive and in fertilizer).
   (v) Anisole (used in perfumes and food flavoring).
   (vi) Boric acid (used in eyewashes and heat resistant glass).
   (vii) Calcium fluoride (used to fluoridate drinking water).
   (viii) Calcium formate (used in brewing and as a briquette
binder).
   (ix) Calcium propionate (used as a food additive).
   (x) Cesium chloride (used in brewing and in mineral waters).
   (xi) Magnesium chloride (used as a flocculating agent).
   (xii) Potassium chloride (used as a salt substitute and a food
additive).
   (xiii) Sodium bicarbonate (baking soda, used in antacids and
mouthwashes).
   (xiv) Sodium borate decahydrate (borax, used in laundry
detergents).
   (xv) Sodium carbonate (soda ash, used in textile processing).
   (xvi) Sodium chloride (table salt).
   (xvii) Sodium iodide (used as an iodine supplement and in cloud
seeding).
   (xviii) Sodium tetraborate (borax, used in laundry detergents).
   (xix) The following oils commonly used as food flavorings:
allspice oil, ceylon cinnamon oil, clarified slurry oil, dill oils,
or lauryl leaf oil.
   (3) (A) Except as provided in subparagraph (B), a waste that would
be classified as hazardous solely because it exceeds total threshold
limit concentrations, as defined in regulations adopted by the
department, shall be excluded from classification as a hazardous
waste for purposes of disposal in, and is allowed to be disposed in,
a disposal unit regulated as a permitted class I, II, or III disposal
unit, pursuant to Section 2531 of Title 23, and Sections 20250 and
20260 of Title 27 of the California Code of Regulations,  if, prior
to disposal, the waste is managed in accordance with the management
standards adopted by the department, by regulation, if any, for this
specific type of waste.
   (B) Subparagraph (A) shall not apply to a hazardous waste that is
a liquid, a sludge or sludge-like material, soil, a solid that is
friable, powdered, or finely divided, a nonfilterable and nonmillable
tarry material, or a waste that contains an organic substance that
exceeds the total threshold limit concentration established by the
department for that substance.
   (C) For purposes of this subparagraph (B), the following
definitions shall apply:
   (i) A waste is liquid if it meets the test specified in
subdivision (i) of Section 66268.32 of Title 22 of the California
Code of Regulations.
   (ii) "Sludge or sludge-like material" means any solid, semisolid,
or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air
pollution control facility, but does not include the treated effluent
from wastewater treatment plants.
   (iii) "Friable, powdered, or finely divided" has the same meaning
as used in the regulations adopted by the department pursuant to this
chapter.
   (iv) "Nonfilterable and nonmillable tarry material" has the same
meaning as used in the regulations adopted by the department pursuant
to this chapter.
   (D) This paragraph does not affect the authority of a city or
county regarding solid waste management under existing provisions of
law.
   (c) Any regulations adopted pursuant to subdivision (b) shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare, and may be adopted as emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
25141.6.  In any case where the department proposes to make a
determination that a waste meets one or more of the criteria and
guidelines for the identification of hazardous wastes adopted
pursuant to Section 25141, but that it is not necessary to manage the
waste as a hazardous waste because the waste possesses mitigating
physical and chemical characteristics that render it insignificant as
a hazard to human health, safety, or the environment, the department
shall issue a public notice of that proposed determination.  The
public notice shall be electronically posted on the department's
Internet home page at least 30 days before the determination becomes
final and shall also be sent to all of the following:
   (a) The Chairperson of the California Environmental Policy
Council.
   (b) The California Integrated Waste Management Board.
   (c) The State Water Resources Control Board.
   (d) Any person who requests the public notice.
   (e) Any solid waste enforcement agency or California regional
water quality control board, the jurisdiction of which the department
knows will be affected by the determination.
25142.  Any waste which conforms to a criterion adopted pursuant to
Section 25141 shall be managed in accordance with permits, orders,
and regulations issued or adopted by the department pursuant to this
chapter and building standards published in the State Building
Standards Code relating to hazardous waste facilities, or recycled
consistent with the list of hazardous wastes which the department,
pursuant to Section 25175, finds are economically and technologically
feasible to recycle, until the waste is cited in a list adopted by
the department pursuant to Section 25140.
25142.5.  The department shall develop and implement a comprehensive
training, education, and enforcement program for generators,
transporters, and facility operators, for personnel conducting
inspections for the departments, and for certified unified program
agencies.  The program shall be designed to increase awareness of the
requirements governing the determination of whether a waste is
hazardous, including, but not limited to, the requirements governing
the use of the generator's knowledge of a waste to determine if the
waste is hazardous, and to enhance the level of enforcement of those
requirements.  In implementing this program, the department shall
give priority to training, education, and enforcement activities
relating to the classification of the particular waste streams that
the department determines are the most susceptible to
misclassification, including, but not limited to, oily water and
contaminated soil.
25143.  (a) The department may grant a variance from one or more of
the requirements of this chapter, or the regulations adopted pursuant
to this chapter, for the management of a hazardous waste if all of
the following conditions apply:
   (1) One of the following conditions applies:
   (A) The hazardous waste is solely a non-RCRA hazardous waste or
the hazardous waste or its management is exempt from, or is not
otherwise regulated pursuant to, the federal act.
   (B) The requirement from which a variance is being granted is not
a requirement of the federal act, or the regulations adopted to
implement the federal act.
   (C) The department has issued, or is simultaneously issuing, a
variance from the federal act for the hazardous waste management
pursuant to subdivision (c).
   (2) The department makes one of the following findings:
   (A) The hazardous waste, the amount of the hazardous waste, or the
hazardous waste management activity or management unit is
insignificant or unimportant as a potential hazard to human health
and safety or to the environment, when managed in accordance with the
conditions, limitations, and other requirements specified in the
variance.
   (B) The requirements, from which a variance is being granted, are
insignificant or unimportant in preventing or minimizing a potential
hazard to human health and safety or the environment.
   (C) The handling, processing, or disposal of the hazardous waste,
or the hazardous waste management activity, is regulated by another
governmental agency in a manner that ensures it will not pose a
substantial present or potential hazard to human health and safety,
and the environment.
   (D) A requirement imposed by another public agency provides
protection of human health and safety or the environment equivalent
to the protection provided by the requirement from which the variance
is being granted.
   (3) The variance is granted in accordance with this section.
   (b) (1) The department may grant a variance upon receipt of a
variance application for a site or sites owned or operated by an
individual or business concern.  The individual or business concern
submitting the application for a variance shall submit to the
department sufficient information to enable the department to
determine if all of the conditions required by subdivision (a) are
satisfied for all situations within the scope of the requested
variance.
   (2) The department may also grant a variance, on its own
initiative, to one or more individuals or business concerns.  If the
variance is granted to more than one individual or business concern,
the department, in granting the variance pursuant to this paragraph,
shall comply with all of the following requirements:
   (A) The department shall make all of the following findings, in
addition to the findings required pursuant to paragraph (2) of
subdivision (a):
   (i) That the variance is necessary to address a temporary
situation, or that the variance is needed to address an ongoing
situation pending the adoption of regulations by the department.
   (ii) That the variance will not create a substantive competitive
disadvantage for a member or members of a specific class of
facilities.  This finding shall be based upon information available
to the department at the time that the variance is granted.
   (iii) That there are no reasonably foreseeable site-specific
physical or operating conditions that could potentially impact the
finding made by the department pursuant to paragraph (2) of
subdivision (a).  This finding shall be supported by substantial
evidence in the record as a whole, and shall be based upon both of
the following:
   (I) The types of hazardous waste streams, the estimated amounts of
hazardous waste, and the locations that are affected by the
variance.  The estimate of the amounts of hazardous waste that are
affected by the variance shall be based upon information reasonably
available to the department.
   (II) Due inquiry, with respect to the hazardous waste streams and
management activities affected by the variance, regarding the
potential for mismanagement, enforcement and site remediation
experience, and proximity to sensitive receptors.
   (B) The variance shall not be granted for a period of more than
one year.  A variance granted pursuant to this paragraph may be
renewed for one additional one-year period, if the department makes a
finding that the variance has not resulted in harm to human health
or safety or to the environment and that there has been substantial
compliance with the conditions contained in the variance.
   (C) The department shall issue a public notice at least 30 days
prior to granting the variance to allow an opportunity for public
comment.  The public notice shall be issued in the California
Regulatory Register, to the department's regulatory mailing list, and
to all potentially affected hazardous waste facilities and
generators known to the department.  The department shall, upon
request, hold a public meeting prior to granting the variance.  In
granting the variance and in making the findings required by
paragraph (2) of subdivision (a) and subparagraph (A), the department
shall consider all public comments received.
   (D) The department shall not grant a variance pursuant to this
paragraph from the definition of, or classification as, a hazardous
waste, or from requirements pertaining to the investigation or
remediation of releases of hazardous waste or constituents.
   (E) The authority of the department to grant or renew variances
pursuant to this paragraph shall remain in effect only until January
1, 2002, unless a later enacted statute, which is enacted before
January 1, 2002, deletes or extends that date.  This subparagraph
shall not be construed to invalidate any variance granted pursuant to
this paragraph prior to the expiration of the department's
authority.
   (c) (1) In addition to the variance authorized pursuant to
subdivisions (a) and (b), the department, after making one of the
findings specified in paragraph (2) of subdivision (a), may also
grant a variance from the requirements of the federal act in
accordance with the provisions of Sections 260.30, 260.31, 260.32,
and 260.33 of Title 40 of the Code of Federal Regulations, or any
successor federal regulations, regarding the issuance of variances
from classification of a material as a solid waste or variances
classifying enclosed devices using controlled flame combustion as
boilers.
   (2) This subdivision shall take effect on the date that the
department obtains authorization from the Environmental Protection
Agency to implement those provisions of the federal act that are
identified in paragraph (1).
   (d) Each variance issued pursuant to this section shall be issued
on a form prescribed by the department and shall, as applicable,
include, but not be limited to, all of the following:
   (1) Information identifying the individuals or business concerns
to which the variance applies.  This identification shall be by name,
location of the site or sites, type of hazardous waste generated or
managed, or type of hazardous waste management activity, as
applicable.
   (2) As applicable, a description of the physical characteristics
and chemical composition of the hazardous waste or the specifications
of the hazardous waste management activity or unit to which the
variance applies.
   (3) The time period during which the variance is effective.
   (4) A specification of the requirements of this chapter or the
regulations adopted pursuant to this chapter from which the variance
is granted.
   (5) A specification of the conditions, limitations, or other
requirements to which the variance is subject.
   (e) (1) Variances issued pursuant to this section are subject to
review at the discretion of the department and may be revoked or
modified at any time.
   (2) The department shall revoke or modify a variance if the
department finds any of the following:
   (A) The conditions required by this section are no longer
satisfied.
   (B) The holder of the variance is in violation of one or more of
the conditions, limitations, or other requirements of the variance,
and, as a result of the violation, the conditions required by this
section are no longer satisfied.
   (C) If the variance was granted because of the finding specified
in subparagraph (C) or (D) of paragraph (2) of subdivision (a), the
holder of the variance is in violation of one or more of the
regulatory requirements of another governmental agency to which the
holder is subject and the violation invalidates that finding.
   (f) Within 30 days from the date of granting a variance, the
department shall issue a public notice on the California Regulatory
Register.
25143.1.  (a) Any geothermal waste resulting from drilling for
geothermal resources is exempt from the requirements of this chapter
because the disposal of these  geothermal wastes is regulated by the
California regional water quality control boards.
   (b) (1) Wastes from the extraction, beneficiation, and processing
of ores and minerals that are not subject to regulation under
Subchapter III (commencing with Section 6921) of Chapter 82 of Title
42 of the United States Code are exempt from the requirements of this
chapter, except the requirements of Article 9.5 (commencing with
Section 25208), as provided in paragraph (2).
   (2) The wastes subject to this subdivision are subject to Article
9.5 (commencing with Section 25208) and Chapter 6.8 (commencing with
Section 25300) if the wastes would otherwise be classified as
hazardous wastes pursuant to Section 25117 and the regulations
adopted pursuant to Section 25141.
   (3) For purposes of this subdivision, the following definitions
shall apply:
   (A) "Wastes from the extraction, beneficiation, and processing of
ores and minerals" means any of the following:
   (i)  Soil, waste rock, overburden, and any other solid, semisolid,
or liquid natural materials that are removed, unearthed, or
otherwise displaced as a result of excavating or recovering an ore or
a mineral.
   (ii)  Residuals of ores or minerals after those ores or minerals
have been removed, unearthed, or otherwise displaced from their
natural sites and physically or chemically treated or otherwise
managed in order to separate or concentrate the commercial product
present in the ore or mineral, or processed to produce a final
marketable product.
   (B) "Minerals" has the same meaning as defined in Section 2005 of
the Public Resources Code.
25143.1.5.  (a) For purposes of this section, "wood waste" includes
poles, crossarms, pilings, fence posts, lumber, support timbers,
flume lumber, and cooling tower lumber.
   (b) Any wood waste, previously treated with a preservative, that
has been removed from electric, gas, or telephone service, is exempt
from the requirements of this chapter if all of the following
conditions are met:
   (1) The wood waste is not subject to regulation as a hazardous
waste under the federal act.
   (2) The wood waste is disposed of in a composite-lined portion of
a municipal solid waste landfill that meets any requirements imposed
by the state policy adopted pursuant to Section 13140 of the Water
Code and regulations adopted pursuant to Sections 13172 and 13173 of
the Water Code.
   (3) The solid waste landfill used for disposal is authorized to
accept the wood waste under waste discharge requirements issued by
the California regional water quality control board pursuant to
Division 7 (commencing with Section 13000) of the Water Code.
25143.2.  (a) Recyclable materials are subject to this chapter and
the regulations adopted by the department to implement this chapter
that apply to hazardous wastes, unless the department issues a
variance pursuant to Section 25143, or except as provided otherwise
in subdivision (b), (c), or (d) or in the regulations adopted by the
department pursuant to Sections 25150 and 25151.
   (b) Except as otherwise provided in subdivisions (e), (f), and
(g), recyclable material that is managed in accordance with Section
25143.9 and is or will be recycled by any of the following methods
shall be excluded from classification as a waste:
   (1) Used or reused as an ingredient in an industrial process to
make a product if the material is not being reclaimed.
   (2) Used or reused as a safe and effective substitute for
commercial products if the material is not being reclaimed.
   (3) Returned to the original process from which the material was
generated, without first being reclaimed, if the material is returned
as a substitute for raw material feedstock, and the process uses raw
materials as principal feedstocks.
   (c) Except as otherwise provided in subdivision (e), any
recyclable material may be recycled at a facility that is not
authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements of Article 9 (commencing with
Section 25200) if either of the following requirements is met:
   (1) The material is a petroleum refinery waste containing oil that
is converted into petroleum coke at the same facility at which the
waste was generated unless the resulting coke product would be
identified as a hazardous waste under this chapter.
   (2) The material meets all of the following conditions:
   (A) The material is recycled and used at the same facility at
which the material was generated.
   (B) The material is recycled within the applicable generator
accumulation time limits specified in Section 25123.3 and the
regulations adopted by the department pursuant to paragraph (1) of
subdivision (b) of Section 25123.3.
   (C) The material is managed in accordance with all applicable
requirements for generators of hazardous wastes under this chapter
and regulations adopted by the department.
   (d) Except as otherwise provided in subdivisions (e), (f), (g),
and (h), recyclable material that meets the definition of a non-RCRA
hazardous waste in Section 25117.9, is managed in accordance with
Section 25143.9, and meets or will meet any of the following
requirements is excluded from classification as a waste:
   (1) The material can be shown to be recycled and used at the site
where the material was generated.
   (2) The material qualifies as one or more of the following:
   (A) The material is a product that has been processed from a
hazardous waste, or has been handled, at a facility authorized by the
department pursuant to the facility permit requirements of Article 9
(commencing with Section 25200) to process or handle the material,
if the product meets both of the following conditions:
   (i) The product does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141.
   (ii) The product is used, or distributed or sold for use, in a
manner for which the product is commonly used.
   (B) The material is a petroleum refinery waste containing oil that
is converted into petroleum coke at the same facility at which the
waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter.
   (C) The material is oily waste, used oil, or spent nonhalogenated
solvent that is managed by the owner or operator of a refinery that
is processing primarily crude oil and is not subject to permit
requirements for the recycling of used oil, of a public utility, or
of a corporate subsidiary, corporate parent, or subsidiary of the
same corporate parent of the refinery or public utility, and meets
all of the following requirements:
   (i) The material is either burned in an industrial boiler, an
industrial furnace, an incinerator, or a utility boiler that is in
compliance with all applicable federal and state laws, or is
recombined with normal process streams to produce a fuel or other
refined petroleum product.
   (ii) The material is managed at the site where it was generated;
managed at another site owned or operated by the generator, a
corporate subsidiary of the generator, a subsidiary of the same
entity of which the generator is a subsidiary, or the corporate
parent of the generator; or, if the material is generated in the
course of oil or gas exploration or production, managed by an
unrelated refinery receiving the waste through a common pipeline.
   (iii) The material does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141, unless the material is an oil-bearing material or recovered
oil that is managed in accordance with subdivisions (a) and (c) of
Section 25144 or unless the material is used oil removed from
equipment, vehicles, or engines used primarily at the refinery where
it is to be used to produce fuels or other refined petroleum products
and the used oil is managed in accordance with Section 279.22 of
Title 40 of the Code of Federal Regulations prior to insertion into
the refining process.
   (D) The material is a fuel that is transferred to, and processed
into, a fuel or other refined petroleum product at a petroleum
refinery, as defined in paragraph (4) of subdivision (a) of Section
25144, and meets one of the following requirements:
   (i) The fuel has been removed from a fuel tank and is contaminated
with water or nonhazardous debris, of not more than 2 percent by
weight, including, but not limited to, rust or sand.
   (ii) The fuel has been unintentionally mixed with an unused
petroleum product.
   (3) The material is transported between locations operated by the
same person who generated the material, if the material is recycled
at the last location operated by that person and all of the
conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of
paragraph (4) are met.  If requested by the department or by any
official authorized to enforce this section pursuant to subdivision
(a) of Section 25180, a person handling material subject to this
paragraph, within 15 days from the date of receipt of the request,
shall supply documentation to show that the requirements of this
paragraph have been satisfied.
   (4) (A) The material is transferred between locations operated by
the same person who generated the material, if the material is to be
recycled at an authorized offsite hazardous waste facility and if all
of the following conditions are met:
   (i) The material is transferred by employees of that person in
vehicles under the control of that person or by a registered
hazardous waste hauler under contract to that person.
   (ii) The material is not handled at any interim location.
   (iii) The material is not held at any publicly accessible interim
location for more than four hours unless required by other provisions
of law.
   (iv) The material is managed in compliance with this chapter and
the regulations adopted pursuant to this chapter prior to the initial
transportation of the material and after the receipt of the material
at the last location operated by that person.  Upon receipt of the
material at the last location operated by that person, the material
shall be deemed to have been generated at that location.
   (v) All of the following information is maintained in an operating
log at the last location operated by that person and kept for at
least three years after receipt of the material at that location:
   (I) The name and address of each generator location contributing
material to each shipment received.
   (II) The quantity and type of material contributed by each
generator to each shipment of material.
   (III) The destination and intended disposition of all material
shipped offsite or received.
   (IV) The date of each shipment received or sent offsite.
   (vi) If requested by the department, or by any law enforcement
official, a person handling material subject to this paragraph,
within 15 days from the date of receipt of the request, shall supply
documentation to show that the requirements of this paragraph have
been satisfied.
   (B) For purposes of paragraph (3) and subparagraph (A) of this
paragraph, "person" also includes corporate subsidiary, corporate
parent, or subsidiary of the same corporate parent.
   (C) Persons that are a corporate subsidiary, corporate parent, or
subsidiary of the same corporate parent, and that manage recyclable
materials under paragraph (3) or subparagraph (A) of this paragraph,
are jointly and severally liable for any activities excluded from
regulation pursuant to this section.
   (5) The material is used or reused as an ingredient in an
industrial process to make a product if the material meets all of the
following requirements:
   (A) The material is not a wastewater that meets all of the
following criteria:
   (i) The wastewater is a non-RCRA hazardous waste.
   (ii) The wastewater contains more than 75 parts per million of
total petroleum hydrocarbons, as determined by use of United States
Environmental Protection Agency Method 1664, Revision A for Silica
Gel Treated N-Hexane Extractable Material.
   (iii) The wastewater has been transported offsite to a facility,
that is not a publicly owned treatment works, a facility owned by the
generator, or a corporate subsidiary, corporate parent, or a
subsidiary of the same corporate parent of the generator.
   (B) Any discharges to air from the treatment of the material by
the procedures specified in subparagraph (C) do not contain
constituents that are hazardous wastes pursuant to the regulations of
the department and are in compliance with applicable air pollution
control laws.
   (C) The material is not being treated except by one or more of the
following procedures:
   (i) Filtering.
   (ii) Screening.
   (iii) Sorting.
   (iv) Sieving.
   (v) Grinding.
   (vi) Physical or gravity separation without the addition of
external heat or any chemicals.
   (vii) pH adjustment.
   (viii) Viscosity adjustment.
   (6) The material is used or reused as a safe and effective
substitute for commercial products, if the material meets all of the
following requirements:
   (A) The material is not a wastewater that meets all of the
following criteria:
   (i) The wastewater is a non-RCRA hazardous waste.
   (ii) The wastewater contains more than 75 parts per million of
total petroleum hydrocarbons, as determined by use of United States
Environmental Protection Agency Method 1664, Revision A for Silica
Gel Treated N-Hexane Extractable Material.
   (iii) The wastewater has been transported offsite to a facility
that is not a publicly owned treatment works, or a facility owned by
the generator, or a corporate subsidiary, corporate parent, or a
subsidiary of the same corporate parent of the generator.
   (B) Any discharges to air from the treatment of the material by
the procedures specified in subparagraph (C) do not contain
constituents that are hazardous wastes pursuant to the regulations of
the department and the discharges are in compliance with applicable
air pollution control laws.
   (C) The material is not being treated, except by one or more of
the following procedures:
   (i) Filtering.
   (ii) Screening.
   (iii) Sorting.
   (iv) Sieving.
   (v) Grinding.
   (vi) Physical or gravity separation without the addition of
external heat or any chemicals.
   (vii) pH adjustment.
   (viii) Viscosity adjustment.
   (7) The material is a chlorofluorocarbon or
hydrochlorofluorocarbon compound or a combination of
chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being
reused or recycled, and is used in heat transfer equipment,
including, but not limited to, mobile air-conditioning systems,
mobile refrigeration, and commercial and industrial air-conditioning
and refrigeration systems, used in fire extinguishing products, or
contained within foam products.
   (e) Notwithstanding subdivisions (b), (c), and (d), all of the
following recyclable materials are hazardous wastes and subject to
full regulation under this chapter, even if the recycling involves
use, reuse, or return to the original process as described in
subdivision (b), and even if the recycling involves activities or
materials described in subdivisions (c) and (d):
   (1) Materials that are a RCRA hazardous waste, as defined in
Section 25120.2, used in a manner constituting disposal, or used to
produce products that are applied to the land, including, but not
limited to, materials used to produce a fertilizer, soil amendment,
agricultural mineral, or an auxiliary soil and plant substance.
   (2) Materials that are a non-RCRA hazardous waste, as defined in
Section 25117.9, and used in a manner constituting disposal or used
to produce products that are applied to the land as a fertilizer,
soil amendment, agricultural mineral, or an auxiliary soil and plant
substance.  The department may adopt regulations to exclude materials
from regulation pursuant to this paragraph.
   (3) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels, except materials exempted under paragraph (1)
of subdivision (c) or excluded under subparagraph (B), (C), or (D) of
paragraph (2) of subdivision (d).
   (4) Materials accumulated speculatively.
   (5) Materials determined to be inherently wastelike pursuant to
regulations adopted by the department.
   (6) Used or spent etchants, stripping solutions, and plating
solutions that are transported to an offsite facility operated by a
person other than the generator and either of the following applies:
   (A) The etchants or solutions are no longer fit for their
originally purchased or manufactured purpose.
   (B) If the etchants or solutions are reused, the generator and the
user cannot document that they are used for their originally
purchased or manufactured purpose without prior treatment.
   (7) Used oil, as defined in subdivision (a) of Section 25250.1,
unless one of the following applies:
   (A) The used oil is excluded under subparagraph (B) or (C) of
paragraph (2) of subdivision (d), paragraph (4) of subdivision (d),
subdivision (b) of Section 25250.1, or Section 25250.3, and is
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
   (B) The used oil is used or reused on the site where it was
generated or is excluded under paragraph (3) of subdivision (d), is
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations, and is not any of the following:
   (i) Used in a manner constituting disposal or used to produce a
product that is applied to land.
   (ii) Burned for energy recovery or used to produce a fuel unless
the used oil is excluded under subparagraph (B) or (C) of paragraph
(2) of subdivision (d).
   (iii) Accumulated speculatively.
   (iv) Determined to be inherently wastelike pursuant to regulations
adopted by the department.
   (f) (1) Any person who manages a recyclable material under a claim
that the material qualifies for exclusion or exemption pursuant to
this section shall provide, upon request, to the department, the
California Environmental Protection Agency, or any local agency or
official authorized to bring an action as provided in Section 25180,
all of the following information:
   (A) The name, street and mailing address, and telephone number of
the owner or operator of any facility that manages the material.
   (B) Any other information related to the management by that person
of the material requested by the department, the California
Environmental Protection Agency, or the authorized local agency or
official.
   (2) Any person claiming an exclusion or an exemption pursuant to
this section shall maintain adequate records to demonstrate to the
satisfaction of the requesting agency or official that there is a
known market or disposition for the material, and that the
requirements of any exemption or exclusion pursuant to this section
are met.
   (3) For purposes of determining that the conditions for exclusion
from classification as a waste pursuant to this section are met, any
person, facility, site, or vehicle engaged in the management of a
material under a claim that the material is excluded from
classification as a waste pursuant to this section is subject to
Section 25185.
   (g) For purposes of Chapter 6.8 (commencing with Section 25300),
recyclable materials excluded from classification as a waste pursuant
to this section are not excluded from the definition of hazardous
substances in subdivision (g) of Section 25316.
   (h) Used oil that fails to qualify for exclusion pursuant to
subdivision (d) solely because the used oil is a RCRA hazardous waste
may be managed pursuant to subdivision (d) if the used oil is also
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
25143.3.  The Environmental Protection Agency regulations regarding
spent sulfuric acid as set forth in Section 261.4(a)(7) of Title 40
of the Code of Federal Regulations (50 Fed. Reg. 665) are the
regulations of the department and shall remain in effect until the
department adopts regulations regarding this subject.  It is the
intent of the Legislature that the regulations adopted by the
department be at least equivalent to, and in substantial conformance
with that Section 261.4(a)(7).  Further, it is the intent of the
Legislature that the department may define in the regulations the
term "spent sulfuric acid" as it deems necessary to avoid sham
recycling, as described on page 638 of Volume 50 of the Federal
Register by the Environmental Protection Agency.
25143.4.  (a) The department shall adopt regulations pursuant to
this section, which authorize the reuse of pulping liquors that are
reclaimed in a pulping liquor recovery furnace, and which are
equivalent to the regulations in Section 261.4 (a)(6) of Title 40 of
the Code of Federal Regulations.
   Until the department adopts these regulations, the regulations
adopted by the Environmental Protection Agency regarding pulping
liquors that are reclaimed in a pulping liquor recovery furnace and
then reused in the pulping process, as set forth in Section 261.4 (a)
(6) of Title 40 of the Code of Federal Regulations, shall be deemed
to be the regulations of the department.
   (b) To the extent consistent with the federal act, and
notwithstanding any other provision of law, organic materials,
including, but not limited to, crude sulfate turpentine and methanol,
that are derived from wood processed at kraft pulping mills to
produce wood pulp, may be burned as a fuel by the mill which produced
the materials, without obtaining a hazardous waste facilities permit
or other grant of authorization from the department, if all of the
following requirements are met:
   (1) The materials exhibit only the characteristics listed in
Section 66261.21 of, and paragraph (6) of subdivision (a) of Section
66261.24 of, Title 22 of the California Code of Regulations.
   (2) The materials have heating values comparable to that of
commercially available fuels.
   (3) The materials are not contaminated or mixed with hazardous
constituents from other processes.
   (4) The combustion of the materials is regulated by an air
pollution control district or air quality management district.
25143.5.  (a) Except as provided in subdivisions (d), (e) and (f),
the department shall classify as nonhazardous waste any fly ash,
bottom ash, and flue gas emission control residues, generated from a
biomass combustion process, as defined in subdivision (g), if the
combustion process will be adequately monitored and controlled so as
to prevent the handling or the disposal of any waste in a manner
prohibited by law, unless the department determines that the ash or
residue is hazardous, by testing a representative sample of the ash
or residue pursuant to criteria adopted by the department.
   (b) The fly ash, bottom ash, and flue gas emission control
residues that are classified as nonhazardous by the department are
exempt from this chapter.
   (c) An operator of a biomass facility which converts biomass into
energy for which the department has classified the ash or residue as
hazardous shall notify the department whenever there has been a
significant change in the waste entering the combustion process, the
combustion process itself, or in the management of the ash or
residues generated by the facility.  An operator of a biomass
facility that converts biomass into energy, with regard to which the
department has classified the ash or residue as nonhazardous, shall
notify the department when there has been a significant change in the
waste entering the combustion process or in the combustion process
itself.
   (d) For purposes of classifying fly ash, bottom ash, and flue gas
emission control residues generated by the combustion of municipal
solid waste in a facility, with regard to which the department
classified the ash or residue as nonhazardous, on or before January
1, 1985, the sampling of the ash or residue, for purposes of
classification by the department, shall occur at the point in the
process following onsite treatment of the ash or residue.
   (e) Notwithstanding any other provision of law, this section
applies only to fly ash, bottom ash, and flue gas emission control
residues which are not RCRA hazardous waste.
   (f) Notwithstanding any other provision of law, the test specified
in the regulations adopted by the department with regard to a waste
exhibiting the characteristic of corrosivity if representative
samples of the waste are not aqueous and produce a solution with a pH
that is less than, or equal to, two or greater than, or equal to,
12.5, as specified in paragraph (3) of subdivision (a) of Section
66261.22 of Title 22 of the California Code of Regulations, as that
section read on January 1, 1996, shall not apply to ash generated
from a biomass combustion process that is managed in accordance with
applicable regulations administered by the California regional water
quality control board, is used beneficially in a manner that results
in lowering the pH below 12.5 but above 2.0, is not accumulated
speculatively, and is available for commercial use.
   (g) For purposes of this section, the following definitions shall
apply:
   (1) "Biomass combustion process" means a combustion process that
has a primary energy source of biomass or biomass waste, and of which
75 percent of the total energy input is from those sources during
any calendar year, and of which 25 percent or less of the other
energy sources do not include sewage sludge, industrial sludge,
medical waste, hazardous waste, radioactive waste, or municipal solid
waste.
   (2) "Biomass" or "biomass waste" means any organic material not
derived from fossil fuels, such as agricultural crop residues, bark,
lawn, yard and garden clippings, leaves, silvicultural residue, tree
and brush pruning, wood and wood chips, and wood waste, including
these materials when separated from other waste streams.  "Biomass"
or "biomass waste" does not include material containing sewage
sludge, industrial sludge, medical waste, hazardous waste, or
radioactive waste.
25143.6.  On or before February 15, 1988, the following California
regional water quality control boards shall prepare a list of class
III landfills, as specified in Section 2533 of Title 23 of the
California Administrative Code, including at least one landfill in
each specified water quality control region which is authorized to
accept and dispose of shredder waste in accordance with State Water
Resources Control Board Resolution No.  87-22: San Francisco Bay
Region, Central Valley Region, Los Angeles Region, Santa Ana Region,
and San Diego Region.
25143.7.  Waste containing asbestos may be disposed of at any
landfill which has waste discharge requirements issued by the
regional water quality control board which allow the disposal of such
waste, provided that the wastes are handled and disposed of in
accordance with the Toxic Substances Control Act (P.L. 94-469) and
all applicable laws and regulations.
25143.8.  (a) For purposes of this section, "cementitious material"
means cement, cement kiln dust, clinker, and clinker dust.
   (b) The test specified in the regulations adopted by the
department with regard to a waste exhibiting the characteristic of
corrosivity if representative samples of the waste are not aqueous
and produce a solution with a pH less than or equal to 2 or greater
than or equal to 12.5, as specified in paragraph (3) of subdivision
(a) of Section 66261.22 of Title 22 of the California Code of
Regulations, as that section read on January 1, 1996, shall not apply
to waste cementitious material which is managed in accordance with
applicable regulations administered by the California regional water
quality control board at the cement manufacturing facility where it
was generated.
   (c) Cementitious material which is a nonaqueous waste, is managed
in accordance with applicable regulations administered by the
regional water quality control board at the cement manufacturing
facility where it was generated, and would otherwise be classified as
a hazardous waste based solely on the test specified in paragraph
(3) of subdivision (a) of Section 66261.22 of Title 22 of the
California Code of Regulations, as that section read on January 1,
1996, is excluded from classification as a hazardous waste pursuant
to this chapter.
25143.9.  A recyclable material shall not be excluded from
classification as a waste pursuant to subdivision (b) or (d) of
Section 25143.2, unless all of the following requirements are met:
   (a) If the material is held in a container or tank, the container
or tank is labeled, marked, and placarded in accordance with the
department's hazardous waste labeling, marking, and placarding
requirements which are applicable to generators, except that the
container or tank shall be labeled or marked clearly with the words
"Excluded Recyclable Material" instead of the words "Hazardous Waste,"
and manifest document numbers are not applicable.  If the material
is used oil, the containers, aboveground tanks, and fill pipes used
to transfer oil into underground storage tanks shall also be labeled
or clearly marked with the words "Used Oil".
   (b) The owner or operator of the business location where the
material is located has a business plan that meets the requirements
of Section 25504, including, but not limited to, emergency response
plans and procedures, as described in subdivision (b) of Section
25504, which specifically address the material or that meet the
department's emergency response and contingency requirements which
are applicable to generators of hazardous waste.
   (c) The material shall be stored and handled in accordance with
all local ordinances and codes, including, but not limited to, fire
codes, governing the storage and handling of the hazardous material.
If a local jurisdiction does not have an ordinance or code
regulating the storage of the material, including, but not limited
to, an ordinance or code requiring secondary containment for
hazardous material storage areas, the material shall be stored in
tanks, waste piles, or containers meeting the department's interim
status regulations establishing design standards applicable to tanks,
waste piles, or containers storing hazardous waste.
   (d) If the material is being exported to a foreign country, the
person exporting the material shall meet the requirements of Section
25162.1.
25143.10.  (a) Except as provided in subdivisions (e) and (f), any
person who recycles more than 100 kilograms per month of recyclable
material under a claim that the material qualifies for exclusion or
exemption pursuant to Section 25143.2 shall, on or before July 1,
1992, and every two years thereafter, provide to the local officer or
agency authorized to enforce this section pursuant to subdivision
(a) of Section 25180, all of the following information, using the
format established pursuant to subdivision (d), in writing:
   (1) The name, site address, mailing address, and telephone number
of the owner or operator of any facility that recycles the material.
   (2) The name and address of the generator of the recyclable
material.
   (3) Documentation that the requirements of any exemptions or
exclusions pursuant to Section 25143.2 are met, including, but not
limited to, all of the following:
   (A) Where a person who recycles the material is not the same
person who generated the recyclable material, documentation that
there is a known market for disposition of the recyclable material
and any products manufactured from the recyclable material.
   (B) Where the basis for the exclusion is that the recyclable
material is used or reused to make a product or as a safe and
effective substitute for a commercial product, a general description
of the material and products, identification of the constituents or
group of constituents, and their approximate concentrations, that
would render the material or product hazardous under the regulations
adopted pursuant to Sections 25140 and 25141, if it were a waste, and
the means by which the material is beneficially used.
   (b) Except as provided in Section 25404.5, the governing body of a
city or county may adopt an ordinance or resolution pursuant to
Section 101325 to pay for the actual expenses of the activities
carried out by local officers or agencies pursuant to subdivision
(a).
   (c) If a person who recycles material under a claim that the
material qualifies for exclusion or exemption pursuant to Section
25143.2 is not the same person who generated the recyclable material,
the person who recycles the material shall, on or before July 1,
1992, and every two years thereafter, provide a copy of the
information required to be submitted pursuant to subdivision (a) to
the generator of the recyclable material.
   (d) The person providing the information required by subdivision
(a) shall use a format developed by the California Conference of
Directors of Environmental Health in consultation with the
department.  The department shall distribute the format to local
officers and agencies authorized to enforce this section pursuant to
subdivision (a) of Section 25180.
   (e) A recyclable material generated in a product or raw material
storage tank, a product or raw material transport vehicle or vessel,
a product or raw material pipeline, or in a manufacturing process
unit or an associated nonwaste treatment manufacturing unit is not
subject to the requirements of this section, until the recyclable
material exits the unit in which it was generated, unless the unit is
a surface impoundment, or unless the material remains in the unit
for more than 90 days after the unit ceases to be operated for
manufacturing, storage, or transportation of the product or raw
material.
   (f) A local officer or agency authorized to enforce this section
pursuant to subdivision (a) of Section 25180 may exempt from
subdivision (a) any person who operates antifreeze recycling units or
solvent distillation units, where the recycled material is returned
to productive use at the site of generation, or may require less
information than that required under subdivision (a) from the person.
25143.11.  (a) The department shall, on or before January 1, 1997,
to the extent that it is consistent with the federal act and the
protection of the public health, safety, and the environment, adopt
regulations exempting secondary materials from this chapter.  Those
regulations shall be adopted pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.  In adopting the regulations, the department shall consider the
restrictions listed in paragraph (8) of subsection (a) of Section
261.4 of Title 40 of the Code of Federal Regulations which apply to
the exclusion of secondary materials from regulation under the
federal act.
   (b) For purposes of this section, "secondary materials" means
materials that are reclaimed and returned to the original process or
processes in which they were generated where they are reused in the
production process.
25143.12.  Notwithstanding any other provision of law, debris that
is contaminated only with crude oil or any of its fractions is exempt
from regulation under this chapter if all of the following
conditions are met:
   (a) The debris consists exclusively of wood, paper, textile
materials, concrete rubble, metallic objects, or other solid
manufactured objects.
   (b) The debris is not subject to regulation as a hazardous waste
or used oil under federal law.
   (c) The debris does not contain any free liquids, as determined by
the paint filter test specified in the regulations adopted by the
department.
   (d) The debris, if not contaminated with crude oil or any of its
fractions, would not be regulated as a hazardous waste under this
chapter or the regulations adopted pursuant to this chapter.
   (e) The debris is not a container or tank that is subject to
regulation as hazardous waste under this chapter or the regulations
adopted pursuant to this chapter.
   (f) The debris is disposed of in a composite lined portion of a
waste management unit that is classified as either a Class I or Class
II waste management unit in accordance with Article 3 (commencing
with Section 2530) of Chapter 15 of Division 3 of Title 23 of the
California Code of Regulations, the disposal is made in accordance
with the applicable requirements of the California regional water
quality control board and the California Integrated Waste Management
Board, and, if the waste management unit is a Class II landfill, it
is sited, designed, constructed, and operated in accordance with the
minimum standards applicable on or after October 9, 1993, to new or
expanded municipal solid waste landfills, that are contained in Part
258 (commencing with Section 258.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations, as those regulations
read on January 1, 1996.
25143.13.  (a) Notwithstanding any other provision of law, except as
provided in subdivision (c), wastes containing silver or silver
compounds that are RCRA hazardous wastes solely due to the presence
of silver in the waste are subject to regulation under this chapter
solely to the extent that these wastes are subject to regulation
under the federal act.  This subdivision does not apply to wastes
that are classified as non-RCRA hazardous wastes due to the presence
of constituents or characteristics other than silver.
   (b) Notwithstanding any other provision of law, wastes containing
silver or silver compounds are exempt from regulation under this
chapter if the wastes are not subject to regulation under the federal
act as RCRA hazardous waste, and the wastes would otherwise be
subject to regulation under this chapter solely due to the presence
of silver in the waste.
   (c) With respect to treatment of a hazardous waste, subdivision
(a) applies only to the removal of silver from photoimaging solutions
and photoimaging solution wastewaters.  Any other treatment of
wastes containing silver or silver compounds that are RCRA hazardous
wastes is subject to all of the applicable requirements of this
chapter.
   (d) The department shall amend its regulations, as necessary, to
conform to this section.  Until the department amends these
regulations, the applicable regulations adopted by the Environmental
Protection Agency pursuant to the federal act pertaining to the
regulation of wastes containing silver or silver compounds, which are
regulated as RCRA hazardous wastes solely due to the presence of
silver in the waste, shall be deemed to be the regulations of the
department, except as otherwise provided in subdivision (c).
   (e) This section shall not be construed to limit or abridge the
powers or duties granted to any state or local agency pursuant to any
law, other than this chapter, to regulate wastes containing silver
or silver compounds.
25143.14.  (a) Except as otherwise provided in subdivisions (c) and
(d), residues that are removed from equipment for the purpose of
cleaning the equipment for continued use are subject to regulation
under this chapter only after the residues have been removed from the
equipment.
   (b) Except as otherwise provided in subdivisions (c) and (d), the
act of removing residues from equipment for the purpose of cleaning
the equipment for continued use constitutes generation, and not
treatment, of a hazardous waste.
   (c) Subdivisions (a) and (b) only apply to equipment that is not
being used to manage hazardous waste.
   (d) Residues that are not hazardous waste, as defined in Section
25117, including residues that are not discarded materials pursuant
to subdivision (c) of Section 25124, are not subject to regulation
under this chapter.
25144.  (a) For purposes of this section, the following terms have
the following meaning:
   (1) "Oil" means crude oil, or any fraction thereof, that is liquid
at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute
pressure.  "Oil" does not include any of the following, unless it is
exempt from regulation under paragraph (1) of subdivision (g) of
Section 279.10 of, or paragraph (5) of subdivision (g) of Section
279.10 of, Part 279 of Title 40 of the Code of Federal Regulations:
   (A) Spent lubricating fluids that have been removed from an engine
crankcase, transmission, gearbox, or differential of an automobile,
bus, truck, vessel, heavy equipment, or machinery powered by an
internal combustion engine.
   (B) Spent industrial oils, including compressor, turbine, and
bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and
railroad drainings.
   (2) "Oil-bearing materials" means any liquid or semisolid material
containing oil, partially refined petroleum products, or petroleum
products.  "Oil-bearing materials" do not include either of the
following:
   (A) Soil from remediation projects.
   (B) Contaminated groundwater that is generated at, or originating
from the operation, maintenance, or cleanup of, service stations, as
defined in Section 13650 of the Business and Professions Code.
   (3) "Oil recovery operations" means the physical separation of oil
from oil-bearing materials by means of gravity separation,
centrifugation, filter pressing, or other dewatering processes, with
or without the addition of heat, chemical flocculants, air, or
natural gas to enhance separation.
   (4) "Petroleum refinery" means an establishment that has the
Standard Industrial Classification Code 2911 and that is not subject
to the permit requirements for the recycling of used oil imposed
pursuant to Article 9 (commencing with Section 25200).
   (5) "Subsidiary" means a corporate entity engaged in the
exploration, production, transportation, refining, marketing, or
distribution of crude oil or petroleum products.
   (b) (1) Except as provided in paragraph (2), a biological process
on the property of the producer treating oil, its products, and
water, that meets the definition of a non-RCRA waste, and that
produces an effluent that is continuously discharged to navigable
waters in compliance with a permit issued pursuant to Section 402 of
the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is
exempt from this chapter.
   (2) Residues produced in the treatment process and subsequently
removed that conform to any criterion for the identification of a
hazardous waste adopted pursuant to Section 25141 are not exempt from
this chapter.
   (c) To the extent consistent with the applicable provisions of the
federal act, units, including associated piping, that are part of a
system used for the recovery of oil from oil-bearing materials, and
the associated storage of oil-bearing materials and the recovered
oil, are exempt from this chapter, if all of the following conditions
are met:
   (1) The oil recovery operations are conducted at a petroleum
refinery, or at another facility owned or operated by the corporate
entity that owns or operates the refinery, or a corporate parent or
subsidiary of the corporate entity.
   (2) The oil-bearing materials are generated at the refinery or at
another facility owned or operated by the corporate entity that owns
or operates the refinery, or a corporate parent or subsidiary,
including a sister subsidiary, of the corporate entity, or are
generated in the course of oil or gas exploration or production
operations conducted by an unrelated entity and placed in a common
pipeline.
   (3) The recovered oil is inserted into petroleum refinery process
units to produce fuel or other refined petroleum products.  This
paragraph does not allow the direct blending, into final petroleum
products, of oil-bearing materials or recovered oil that contain
constituents that render these materials hazardous under the
regulations adopted pursuant to Sections 25140 and 25141, other than
those for which the material is being recycled.
   (4) The recovered oil is not stored in a surface impoundment or
accumulated speculatively at the refinery or at an offsite facility.
   (5) Any residual materials removed from a unit that is exempt
under this subdivision are managed in accordance with all other
applicable laws.
   (6) The oil-bearing materials would be excluded from
classification as a waste pursuant to, or would otherwise meet the
requirements for an exemption under, Section 25143.2, except that the
following provisions do not apply to those oil-bearing materials:
   (A) The prohibitions against prior reclamation in paragraphs (1),
(2), and (3) of subdivision (b) of Section 25143.2.
   (B) Subparagraph (C) of paragraph (2) of subdivision (c) of
Section 25143.2.
   (C) Paragraph (3) of subdivision (e) of Section 25143.2.
   (D) Sections 25143.9 and 25143.10.
   (E) The exceptions for wastewater containing more than 75 parts
per million of total petroleum hydrocarbons, as provided by
subparagraph (A) of paragraph (5) of, and subparagraph (A) of
paragraph (6) of, subdivision (d) of Section 25143.2.
25144.6.  (a) As used in this section, "reusable soiled textile
materials" means textile items, including, but not limited to, shop
towels, uniforms, gloves, and linens and towels which may become
soiled with hazardous waste during commercial or industrial use, and
are made reusable by laundering or comparable methods of cleaning.
   (b) Reusable soiled textile materials which meet all of the
following requirements are exempt from Section 25205.5 and from
Article 6 (commencing with Section 25160) and Article 6.5 (commencing
with Section 25167.1):
   (1) The materials or the management of the materials are not
otherwise regulated by the Environmental Protection Agency pursuant
to the federal act.
   (2) The materials are not used to clean up or control a spill or
release that is required to be reported to any state or federal
agency.
   (3) No hazardous waste has been added after the materials'
original use.
   (4) No free liquids, as defined by Section 22-66260.10 of Title 26
of the California Code of Regulations, are released during
transportation or storage of the materials.
   (5) The facility laundering or cleaning the materials maintains
records of the date, type, and quantities by piecework or weight of
the materials collected and laundered.
   (6) The facility laundering or cleaning the materials prepares a
contingency plan which specifies procedures for handling both onsite
and offsite emergencies involving the materials, and employees are
trained in the execution of the plan.
   (c) Notwithstanding Sections 25201 and 25245, a facility
laundering or using comparable methods of cleaning reusable soiled
textile materials and performing the pretreatment necessary to remove
metals and organics from the wastewater that results from the wash
process is not required to obtain a hazardous waste facilities permit
or other grant of authorization, and is exempt from the requirements
of Article 12 (commencing with Section 25245), if the facility meets
all of the following requirements:
   (1) Management procedures are in place to ensure that the reusable
soiled textile materials are managed in accordance with all the
requirements specified in subdivision (b).
   (2) The waste washwater conveyances and containers are constructed
of materials to ensure that they are impervious under the conditions
of use, and are visually inspected at least twice a year to ensure
that waste washwater is not leaking into the underlying soil.  A
facility which is in compliance with this paragraph is not subject to
the requirements of Section 22-66264.193 of Title 26 of the
California Code of Regulations.
   (3) The sludge collected from the washing process is managed in
accordance with this chapter.
   (4) The facility has a training program in place that ensures that
the facility personnel are able to safely and properly handle and
clean the reusable soiled textile materials and to respond
effectively to emergencies by familiarizing them with emergency
procedures, equipment, and systems.
   (5) The facility is in compliance with the requirements of
paragraphs (2) to (6), inclusive, and paragraphs (8) and (10), of
subdivision (d) of Section 25201.5.
   (6) (A) The facility complies with the notification requirements
of paragraph (7) of subdivision (d) of Section 25201.5.
   (B) Except as provided in Section 25404.5, the generator submits a
fee in the amount required by Section 25205.14.  The generator shall
submit that fee within 30 days of the date that the fee is assessed
by the State Board of Equalization, in the manner specified by
Section 43152.10 of the Revenue and Taxation Code.
   (d) This section does not affect the application of Section
25143.2 to reusable soiled textile materials.
25144.7.  Notwithstanding this chapter, including, but not limited
to, Section 25123.5, and any regulations adopted pursuant to this
chapter, the draining of used fuel filters that are removed from fuel
dispensers is not treatment, for purposes of this chapter, if all of
the following requirements are met:
   (a) The person draining the filters complies with the requirements
of the air pollution control district or air quality management
district , with the requirements of the State Water Resources Control
Board and the California regional water quality control boards, and
with the requirements of local ordinances, that apply to that
activity.
   (b) The drained fuels are used or otherwise managed in accordance
with applicable law.
   (c) The housing for the filter and the drained filter medium are
managed in accordance with applicable law.
25145.  (a) This chapter shall not be construed to limit or abridge
the powers or duties granted to the State Water Resources Control
Board and each regional  water quality control board by Division 7
(commencing with Section 13000) of the Water Code.
   (b) Subdivision (a) shall not be construed to limit the power or
authority of the department, or any agency or official authorized to
enforce this chapter pursuant to subdivision (a) of Section 25180, to
take any action necessary to ensure compliance with this chapter or
with any regulation adopted pursuant to this chapter, or to limit the
duty of any person to comply with this chapter or with any
regulation, order, or permit issued pursuant to this chapter.  An
action taken pursuant to the powers and duties specified in
subdivision (a) is not a defense to any action taken to enforce this
chapter or any regulation, order, or permit issued pursuant to this
chapter.
25145.4.  No provision of this chapter, or any ruling of the
department or director, shall be construed to limit or abridge the
power of the Attorney General, at the request of the department or
director, or upon his or her own motion, to bring an action in the
name of the people of the State of California to enjoin any violation
of the provisions of this chapter, seek necessary remedial action by
any person who violates any of the provisions of this chapter, or
seek civil and criminal penalties against any person who violates any
of the provisions of this chapter.