2005 California Health and Safety Code Sections 25160-25166.5 Article 6. Transportation

25160.  (a) For purposes of this chapter, "manifest" means a
shipping document originated and signed by a generator of hazardous
waste that contains all of the information required by the department
and that complies with all applicable federal and state regulations.
   (b) (1) Except as provided in Section 25160.2 or as otherwise
authorized by a variance issued by the department, any person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, shall complete a manifest prior to the
time the waste is transported or offered for transportation, and
shall designate on that manifest the facility to which the waste is
to be shipped for the handling, treatment, storage, disposal, or
combination thereof.  The manifest shall be completed as required by
the department.  The generator shall provide the manifest to the
person who will transport the hazardous waste, who is the driver, if
the hazardous waste will be transported by vehicle, or the person
designated by the railroad corporation or vessel operator, if the
hazardous waste will be transported by rail or vessel.  The generator
shall use the standard California Uniform Hazardous Waste Manifest
supplied by the department for all shipments of hazardous waste for
which a manifest is required, except as provided in paragraph (2).  A
manifest shall only be used for the purposes specified in this
chapter, including, but not limited to, identifying materials that
the person completing the manifest reasonably believes are hazardous
waste. Within 30 days from the date of transport, or submission for
transport, of hazardous waste, each generator of that hazardous waste
shall submit to the department a legible copy of each manifest used.
  The copy submitted to the department shall contain the signatures
of the generator and the transporter. In lieu of submitting a copy of
each manifest used, a generator may submit an electronic report to
the department meeting the requirements of Section 25160.3.
   (2) Except as provided in Section 25160.2 or as otherwise
authorized by a variance issued by the department, any person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, outside of the state, shall complete,
whether or not the waste is determined to be hazardous by the
importing country or state, a standard California Uniform Hazardous
Waste Manifest, or the generator shall complete, in its own form of
manifest, the manifest required by the receiving state and shall
submit a copy of that manifest to the department within 30 days from
the date of the transport, or submission for transport, of the
hazardous waste.  In lieu of submitting a copy of each manifest used,
a generator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
   (3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used.  The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator.  If within 35 days from the date of the initial shipment,
or for exports by water to foreign countries 60 days after the
initial shipment, the generator has not received a copy of the
manifest signed by all transporters and the facility operator, the
generator shall contact the owner or operator of the designated
facility to determine the status of the hazardous waste and to
request that the owner or operator immediately provide a signed copy
of the manifest to the generator.  Except as provided otherwise in
paragraph (2) of subdivision (h) of Section 25123.3, if within 45
days from the date of the initial shipment or, for exports by water
to foreign countries, 90 days from the date of the initial shipment,
the generator has not received a copy of the signed manifest from the
facility owner or operator, the generator shall submit an exception
report to the department.
   (4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this section.  The requirements for an alternative
form of manifest shall ensure that the hazardous waste is transported
by a registered hazardous waste transporter, that the hazardous
waste is tracked, and that human health and safety and the
environment are protected.
   (5) (A) Notwithstanding any other provision of this section,
except as provided in subparagraph (B), the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the consolidated manifest
procedures in Section 25160.2 or when the transporter is operating
pursuant to a variance issued by the department pursuant to Section
25143 authorizing the use of a consolidated manifest for waste not
listed in Section 25160.2, if the generator, transporter, and
facility are all identified as the same company on the hazardous
waste manifest.  If multiple identification numbers are used by a
single company, all of the company's identification numbers shall be
included in its annual transporter registration application, if those
numbers will be used with the consolidated manifest procedure.
Nothing in this paragraph affects the obligation of a facility
operator to submit to the department a copy of a manifest pursuant to
this section.
   (B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
   (c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain.  The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code.  The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation.  However, the form of the
manifest and the information required shall be consistent with
federal regulations.
   (2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
   (d) (1) Any person who transports hazardous waste in a vehicle
shall have a manifest in his or her possession while transporting the
hazardous waste.  The manifest shall be shown upon demand to any
representative of the department, any officer of the California
Highway Patrol, any local health officer, any certified unified
program agency, or any local public officer designated by the
director.  If the hazardous waste is transported by rail or vessel,
the railroad corporation or vessel operator shall comply with
Subchapter C (commencing with Section 171.1) of Chapter 1 of Subtitle
B of Title 49 of the Code of Federal Regulations and shall also
enter on the shipping papers any information concerning the hazardous
waste that the department may require.
   (2) Any person who transports any waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
   (3) Any person who transports hazardous waste shall transfer a
copy of the manifest to the facility operator at the time of
delivery, or to the person who will subsequently transport the
hazardous waste in a vehicle.  Any person who transports hazardous
waste and then transfers custody of that hazardous waste to a person
who will subsequently transport that waste by rail or vessel shall
transfer a copy of the manifest to the person designated by the
railroad corporation or vessel operator, as specified by Subchapter C
(commencing with Section 171.1) of Chapter 1 of Subtitle B of Title
49 of the Code of Federal Regulations.
   (4) Any person transporting hazardous waste by motor vehicle,
rail, or water shall certify to the department, at the time of
initial registration and at the time of renewal of that registration
pursuant to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
   (e) (1) Any facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste.  The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator.  In instances in which the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state.  In lieu of submitting a copy of each
manifest used, a facility operator may submit an electronic report to
the department meeting the requirements of Section 25160.3.
   (2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
   (3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
   (A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
   (B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
   (4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
   (f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically.  A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
   (g) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.
25160.1.  (a) The department shall revise the hazardous waste code
identification system established in Appendix XII of Chapter 11
(commencing with Section 66261.1) of Division 4.5 of Title 22 of the
California Code of Regulations.  The revised hazardous waste code
identification system shall meet the requirements of subdivision (b).
   (b) The revised hazardous waste code identification system adopted
pursuant to subdivision (a) shall meet all of the following
requirements:
   (1) RCRA hazardous wastes shall be identified by the same
hazardous waste code identification designations that are given to
those hazardous wastes by the RCRA hazardous waste code system
adopted pursuant to the federal act.
   (2) Non-RCRA hazardous wastes shall be identified by hazardous
waste code identification designations that are consistent with the
federal waste code identification designations and shall be based on
the criteria that causes the waste to be regulated as a hazardous
waste in this state.  The identification code system shall not
require the hazardous wastes subject to this paragraph to be
identified by a RCRA hazardous waste code identification.
   (3) Notwithstanding the requirements of paragraphs (1) and (2),
the department may propose and adopt additional modifications to the
hazardous waste code identification system if the department
determines that those additional modifications are necessary and
essential to provide any one of the following:
   (A) Significant benefit to the protection of human health or the
environment.
   (B) Significant benefit to compliance and enforcement activities.
   (C) Significant additional assurance that hazardous wastes are
properly managed.
   (c) To facilitate implementation of the revised hazardous waste
code identification system adopted pursuant to this section, the
department shall do all of the following:
   (1) Determine an operative date for the regulations establishing
the revised hazardous waste code identification system in order to
allow for a reasonable transition period, which shall not exceed
three years after the date the revised waste code regulations are
adopted.  If the department determines, prior to the end of that
three-year period, that additional time is necessary for the new
waste code system to become operative, the department may revise the
regulations to extend the transition period and the operative date
for up to an additional two years.
   (2) Adopt a regulatory procedure for the amendment of existing
permits, registrations, licenses, certifications, and other
authorizations that have been issued by the department to allow the
revised hazardous waste code identification system to be used by
facilities with existing authorizations that refer to, or
incorporate, the old hazardous waste code identification system,
subject to all of the following limitations:
   (A) The regulatory procedure will not change the type or amount of
hazardous waste that persons are authorized to treat, store,
transfer, dispose of, or otherwise handle in accordance with this
chapter.
   (B) To the extent consistent with the federal act, the regulatory
procedure will not require individual modification to individual
facility permits, registrations, licenses, certifications, or other
authorizations solely for the purpose of reflecting the revised
hazardous waste code identification system.
   (C) The regulatory procedure for the amendment of existing
permits, registrations, licenses, certifications, or other
authorizations shall apply to all applicable facilities on the
operative date of the revised hazardous waste code identification
system, as determined by the department pursuant to paragraph (1) of
subdivision (c).
   (3) Conduct a public education, outreach, and notification program
to ensure that users of the hazardous waste code identification
system are reasonably notified of and understand the changes made to
the system pursuant to this section.
25160.2.  (a) In lieu of the procedures prescribed by Sections 25160
and 25161, transporters and generators of hazardous waste meeting
the conditions in this section may use the consolidated manifesting
procedure set forth in subdivision (b) to consolidate shipments of
waste streams identified in subdivision (c) collected from multiple
generators onto a single consolidated manifest.
   (b) The following consolidated manifesting procedure may be used
only for non-RCRA hazardous waste or for RCRA hazardous waste that is
not required to be manifested pursuant to the federal act or the
federal regulations adopted pursuant to the federal act and
transported by a registered hazardous waste transporter, and used
only with the consent of the generator:
   (1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
   (2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
identification number, terminal address, and telephone number.  The
generator's and transporter's sections shall be completed prior to
commencing each day's collections.  The driver shall sign and date
the generator's and transporter's sections of the manifest.
   (3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of hazardous waste that is
received from a generator.  The receipts shall be used to determine
the total volume of hazardous waste in the vehicle.  After the
hazardous waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest.  The transporter shall leave a
copy of the receipt with the generator of the hazardous waste.  The
generator shall retain each receipt for at least three years.  This
period of retention is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or
as requested by the department or a certified unified program
agency.
   (4) All copies of each receipt shall contain all of the following
information:
   (A) The name, address, identification number, contact person, and
telephone number of the generator, and the signature of the generator
or the generator's representative.
   (B) The date of the shipment.
   (C) The manifest number.
   (D) The volume or quantity of each waste stream received, its
California and RCRA waste codes, the waste stream type listed in
subdivision (c), and its proper shipping description, including the
hazardous class and United Nations/North America (UN/NA)
identification number, if applicable.
   (E) The name, address, and identification number of the authorized
facility to which the hazardous waste will be transported.
   (F) The transporter's name, address, and identification number.
   (G) The driver's signature.
   (H) A statement, signed by the generator, certifying that the
generator has established a program to reduce the volume or quantity
and toxicity of the hazardous waste to the degree, as determined by
the generator, to be economically practicable.
   (5) The transporter shall enter the total volume or quantity of
each waste stream transported on the manifest at the change of each
date, change of driver, or change of transport vehicle.  The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts.  In lieu of submitting a copy of each manifest used, a
facility operator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
   (6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
   (7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years.  This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a certified unified
program agency.
   (8) The transporter shall submit all copies of the manifest to the
designated facility.  A representative of the designated facility
that receives the hazardous waste shall sign and date the manifest,
return two copies to the transporter, retain one copy, and send the
original to the department within 30 days.
   (9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
section.  If an out of state receiving facility is not required to
submit the signed manifest copy to the department, the consolidated
transporter, acting as generator, shall submit a copy of the manifest
signed by the receiving facility to the department pursuant to
paragraph (3) of subdivision (b) of Section 25160.
   (10) Each generator using the consolidated manifesting procedure
shall have an identification number, unless exempted from manifesting
requirements by action of Section 25143.13 for generators of
photographic waste less than 100 kilograms per calendar month.
   (c) The consolidated manifesting procedure set forth in
subdivision (b) may be used only for the following waste streams and
in accordance with the conditions specified below for each waste
stream:
   (1) Used oil and the contents of an oil/water separator, if the
separator is a catch basin, clarifier, or similar collection device
that is used to collect water containing residual amounts of one or
more of the following:  used oil, antifreeze, or other substances and
contaminants associated with activities that generate used oil and
antifreeze.
   (2) The wastes listed in subparagraph (A) may be manifested under
the procedures specified in this section only if all of the
requirements specified in subparagraphs (B) and (C) are satisfied.
   (A) Wastes eligible for consolidated manifesting:
   (i) Solids contaminated with used oil.
   (ii) Brake fluid.
   (iii) Antifreeze.
   (iv) Antifreeze sludge.
   (v) Parts cleaning solvents, including aqueous cleaning solvents.
   (vi) Hydroxide sludge contaminated solely with metals from a
wastewater treatment process.
   (vii) "Paint-related" wastes, including paints, thinners, filters,
and sludges.
   (viii) Spent photographic solutions.
   (ix) Dry cleaning solvents (including percholoroethylene, naphtha,
and silicone based solvents).
   (x) Filters, lint, and sludges contaminated with dry cleaning
solvent.
   (xi) Asbestos and asbestos-containing materials.
   (xii) Inks from the printing industry.
   (xiii) Chemicals and laboratory packs collected from K-12 schools.
   (xiv) Absorbents contaminated with other wastes listed in this
section.
   (xv) Filters from dispensing pumps for diesel and gasoline fuels.
   (xvi) Disabled vehicle wastes, as defined in subdivision (a) of
Section 25163.2.
   (xvii) Any other waste, as specified in regulations adopted by the
department.
   (B) The generator does not generate more than 1,000 kilograms per
calendar month of hazardous waste and meets the conditions of
paragraph (1) of subdivision (h) of Section 25123.3. For the purpose
of calculating the 1,000 kilograms per calendar month limit described
in this section, the generator may exclude the volume of used oil
and the contents of the oil/water separator that is managed pursuant
to paragraph (1) of subdivision (c).
   (C) (i) The generator enters into an agreement with the
transporter in which the transporter agrees that the transporter will
submit a confirmation to the generator that the hazardous waste was
transported to an authorized hazardous waste treatment facility for
appropriate treatment.  The agreement may provide that the hazardous
waste will first be transported to a storage or transfer facility in
accordance with the applicable provisions of law.
   (ii) The treatment requirement specified in clause (i) does not
apply to asbestos, asbestos-containing materials, and chemicals and
laboratory packs collected from K-12 schools, or any other waste
stream for which the department determines there is no reasonably
available treatment methodology or facility.  These wastes shall be
transported to an authorized facility.
   (d) Transporters using the consolidated manifesting procedure set
forth in this section shall submit quarterly reports to the
department 30 days after the end of each quarter.  The first
quarterly report shall be submitted on October 31, 2002, covering the
July to September 2002 period, and every three months thereafter.
Except as otherwise specified in paragraph (1), the quarterly report
shall be submitted in an electronic format provided by the
department.
   The department shall make all of the information in the quarterly
reports submitted pursuant to this subdivision available to the
public, through its usual means of disclosure, except the department
shall not disclose the association between any specific transporter
and specific generator.  The list of generators served by a
transporter shall be deemed to be a trade secret and confidential
business information for purposes of Section 25173 and Section
66260.2 of Title 22 of the California Code of Regulations.
   (1) Transporters that use the consolidated manifesting procedure
for less than 1,000 tons per calendar year may submit the report in a
paper format through October 31, 2003.  After that date, they may
apply to the department to continue submitting paper format reports.
   (2) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each consolidated
manifest:
   (A) The name, address, and identification number, the contact
persons's name, and the telephone number of each generator.
   (B) The date of the shipment.
   (C) The manifest number.
   (D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category listed
in subdivision (c).
   (e) It is the intent of the Legislature that upon the effective
date of the act adding this statute, that Section 66263.42 of Title
22 of the California Code of Regulations, relating to specific
requirements for milkrun operations, and subdivision (d) of Section
66262.12, relating to identification numbers for generators, be
repealed.  The department shall repeal these provisions pursuant to
Section 100 of Title 1 of the California Code of Regulations.
25160.3.  (a) Any person generating hazardous waste that is
transported or submitted for transportation, for offsite handling,
treatment, storage, disposal, or a combination thereof, subject to
the manifest requirements of Section 25160, and any facility operator
in the state who receives hazardous waste for handling, treatment,
storage, disposal, or any combination thereof, that was transported
subject to the manifest requirements of Section 25160, may submit an
electronic report to the department in lieu of the copy of the
manifests required by subdivision (b) or (e) of Section 25160.  The
electronic report shall contain the information required by the
department pursuant to subdivision (c) of Section 25160, and shall be
provided no more than five business days after the end of the
previous calendar month, or, if submitted bimonthly, no more than 10
business days after the previous two calendar weeks.  The electronic
report shall utilize the standardized electronic format and protocol
for the exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code.
   (b) The signatures required by Section 25160 and retained through
the electronic reporting authorized by this section shall conform
with the electronic signature techniques prescribed pursuant to
Section 71066 of the Public Resources Code.  Notwithstanding any
other provision of law, printed representations of signatures and
other information submitted in an electronic report pursuant to this
section shall not be rendered inadmissible in any civil or criminal
action by the best evidence rule and shall be deemed to meet the
requirements of Section 1507 of the Evidence Code.
25160.4.  (a) On and after January 1, 2005, and except as provided
in subdivision (b), if an offsite hazardous waste facility operator
either rejects a partial shipment of hazardous waste, or rejects an
entire shipment of hazardous waste after signing the manifest
accompanying the shipment, the facility operator shall prepare a new
manifest to accompany the rejected hazardous waste when it is
returned to the generator or shipped to an alternate facility
designated by the generator.
   (b) To the extent that the United States Environmental Protection
Agency adopts regulations under the federal act that preempt or are
more stringent than the requirements of this section, an offsite
hazardous waste facility, generator, and transporter shall instead
comply with those regulations on and after the date those federal
regulations become effective in California, or on and after the
effective date of regulations adopted by the department in accordance
with those federal regulations, whichever date occurs first.
25160.5.  If any person submits an incomplete or improperly
completed manifest, and the department returns the manifest to the
person who completed or submitted the manifest, the person to whom it
was returned shall, within 30 days from the date of receipt of the
returned manifest, submit a fee of twenty dollars ($20) to the
department to accompany the resubmitted manifest.  The department
shall deposit the fees collected pursuant to this section into the
Hazardous Waste Control Account, for expenditure by the department,
upon appropriation by the Legislature.
25160.6.  (a) (1) If a hazardous waste shipment is rejected in its
entirety before the original manifest is signed by an offsite
hazardous waste facility operator, the original manifest shall be
used to transport the rejected load to either the generator or an
alternate facility designated by the generator.
   (2) An offsite hazardous waste facility operator is not required
to sign a manifest pursuant to this subdivision until the hazardous
waste listed on the manifest is fully unloaded at the facility.  If
the transporter leaves a loaded or partially loaded trailer at the
facility, the facility operator shall sign the manifest before the
transporter departs the facility.
   (3) The hazardous waste facility operator shall, when preparing a
manifest to accompany a rejected load of hazardous waste, enter the
number of the original manifest in Box 19 on the new manifest, and
the facility operator shall enter the number of the new manifest in
Box 19 on those copies of the original manifest still in the facility
operator's possession.  The facility operator shall enter this
information elsewhere on the manifest if required by regulations
adopted by the department.  The facility operator shall also use Box
19 on the new manifest, or any other box that is required by the
department's regulations, to identify the shipment as a rejected
load.
   (4) After an offsite hazardous waste facility operator rejects a
shipment of hazardous waste, the transporter shall transport the
hazardous waste, accompanied by the original manifest or a new
manifest, to either the generator or an alternate facility designated
by the generator.  The transporter shall obtain a signature on the
manifest from the operator of the alternate designated facility or
the generator, whichever receives the rejected shipment.
   (b) For purposes of receiving hazardous waste rejected by an
offsite hazardous waste facility operator, the generator of the
hazardous waste shall be considered a designated facility for the
receipt of hazardous waste generated by that generator.  For purposes
of this section, "designated facility" has the same meaning as that
term is defined in Section 66260.10 of Title 22 of the California
Code of Regulations, including any amendments thereto.
   (c) (1) An offsite hazardous waste facility operator that rejects
an entire shipment or a partial shipment of hazardous waste pursuant
to this section is not the generator of that hazardous waste for
purposes of this chapter, including any regulations adopted pursuant
to this chapter, nor an arranger for disposal of the waste, nor a
transporter who chooses the location for disposal of waste.
   (2) (A) An offsite hazardous waste facility operator that rejects
an entire shipment or a partial shipment of hazardous waste pursuant
to this section is the offeror of the rejected hazardous waste.
   (B) For purposes of this chapter and regulations adopted pursuant
to this chapter, "offeror" means a person who ships hazardous waste
and is responsible for ensuring that the hazardous waste is properly
prepared for shipment but who is not an arranger for disposal or a
transporter who chooses the location for disposal of the waste.
   (3) An offsite hazardous waste facility operator that rejects an
entire shipment or a partial shipment of hazardous waste pursuant to
this section shall comply with the department's regulations
concerning manifest use, container condition and management, and
container packaging, labeling, marking, and placarding with respect
to the rejected hazardous waste.
   (d) Except as provided in subdivision (e), the generator of
hazardous waste who receives a rejected shipment of that hazardous
waste may accumulate the rejected hazardous waste onsite for 90 days
or less, in accordance with the requirements of paragraph (1) of
subdivision (a) of Section 66262.34 of Title 22 of the California
Code of Regulations.  The generator of the rejected hazardous waste
shall label or mark the hazardous waste in a manner that indicates
that it is rejected hazardous waste and shall include the date it was
received by the generator.  If the generator of the rejected
hazardous waste commingles it with other hazardous wastes, the
shorter of any applicable accumulation time limits shall apply to the
commingled hazardous waste.
   (e) A transporter of hazardous waste, that consolidates shipments
of waste pursuant to Section 25160.2 and whose consolidated shipment
is rejected by an offsite hazardous waste facility, may hold that
shipment on the transport vehicle at the transporter's facility for
no more than 10 days from the date the shipment is rejected,
consistent with paragraph (3) of subdivision (b) of Section 25123.3.
The transporter may not commingle the consolidated shipment with any
other waste.
   (f) A generator of hazardous waste who receives a shipment of
rejected waste shall comply with the requirements of Sections
66265.71 and 66265.72 of Title 22 of the California Code of
Regulations.
   (g) To the extent that the United States Environmental Protection
Agency adopts regulations under the federal act that preempt or are
more stringent than the requirements of this section, offsite
hazardous waste facilities, generators, and transporters shall
instead comply with those regulations on and after the date those
federal regulations become effective in California, or on and after
the effective date of regulations adopted by the department in
accordance with those federal regulations, whichever date occurs
first.
25160.7.  An authorized representative of the generator or facility
operator that is responsible for loading hazardous waste into a
transport vehicle shall, prior to that loading, ensure that the
driver of the transport vehicle is in possession of the appropriate
class of driver's license and any endorsement required to lawfully
operate the transport vehicle with its intended load.
25161.  (a) The department may adopt and enforce those regulations,
regarding a uniform program for hazardous waste transportation, that
are necessary and appropriate to achieve consistency with the
findings made by the Federal Highway Administration and the federal
Department of Transportation pursuant to Chapter 51 (commencing with
Section 5101) of Title 49 of the United States Code.
   (b) The department shall adopt and enforce all rules and
regulations that are necessary and appropriate to accomplish the
purposes of Section 25160.
   (c) The department shall develop a data base that tracks all
hazardous waste shipped in and out of state for handling, treatment,
storage, disposal, or any combination thereof, which includes all of
the following information:
   (1) The state or country receiving the waste.
   (2) Month and year of shipment.
   (3) Type of hazardous waste shipped.
   (4) The manner in which the hazardous waste was handled at its
final destination, such as incineration, treatment, recycling, land
disposal, or a combination thereof.
   (d) The department shall include in the biennial report specified
in Section 25178 all of the following information:
   (1) The total volume in tons of hazardous waste generated in the
state and shipped offsite for handling, treatment, storage, disposal,
or any combination thereof.
   (2) The total volume in tons of hazardous waste generated in the
state and shipped in and out of the state for handling, treatment,
storage, disposal, or any combination thereof, including all of the
following information:
   (A) The state or country receiving the hazardous waste.
   (B) Month and year of shipment.
   (C) Type of hazardous waste shipped.
   (D) The manner in which the hazardous waste was handled at its
final destination, such as incineration, treatment, recycling, land
disposal, or a combination thereof.
25162.  (a) No person shall transport any hazardous waste on the
highways of this state, or deliver to a railroad or vessel any
hazardous waste for transport, if the final destination of the
transported hazardous waste is a facility in a state other than this
state or in a territory of the United States, unless one of the
following applies:
   (1) The facility has been issued a permit pursuant to subsection
(c) or (g), or has been granted authority to operate pursuant to
subsection (e), of Section 3005 of the federal act (42 U.S.C. Sec.
6925) by either of the following:
   (A) The Environmental Protection Agency.
   (B) The state in which the facility is located, if the state has
authorization to operate a hazardous waste program pursuant to
Section 3006 of the federal act (42 U.S.C. Sec. 6926).
   (2) The facility is authorized by the state in which it is
located, pursuant to the applicable laws or regulations of that
state, to accept the transported hazardous waste for transfer,
handling, recycling, storage, treatment, or disposal.
   (b) No person shall transport any hazardous waste on the highways
of this state, or deliver to a railroad or vessel any hazardous waste
for transport, if the final destination of the transported hazardous
waste is a facility which is located on a site which has been listed
on the National Priorities List established pursuant to subparagraph
(B) of paragraph (8) of Section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9605 (8)(B)).
   (c) Any person who knowingly transports or causes the
transportation of, or who reasonably should have known that the
person was causing the transportation of, any hazardous waste in
violation of subdivision (a) or (b) shall, upon conviction, be
subject to the penalties specified in subdivision (a) of Section
25191.
   (d) Any person who knowingly delivers, or arranges the delivery
of, any hazardous waste to another person for transport in violation
of subdivision (a) or (b) shall, upon conviction, be subject to the
penalties specified in subdivision (a) of Section 25191.
   (e) No person shall transport any hazardous waste which is subject
to the requirements of Section 3017 of the federal act (42 U.S.C.
Sec. 6938) on the highways of this state or deliver to a railroad or
vessel any of this hazardous waste for transport, if the final
destination of the transported hazardous waste is a foreign country,
unless the shipment is in compliance with the applicable regulations
adopted pursuant to Section 25150.2  and either of the following
conditions is met:
   (1) A copy of the foreign country's written consent to receive the
hazardous waste, or a copy of the EPA Acknowledgement of Consent, as
defined in Section 262.  51 of Title 40 of the Code of Federal
Regulations, is attached to the manifest required by this article.
   (2) The hazardous waste shipment is in compliance with the terms
of an international agreement between the United States and the
receiving foreign country, as provided in subsection (f) of Section
3017 of the federal act (42 U.S.C. Sec.  6938 (f)).
   (f) Any person who knowingly violates, or who reasonably should
have known that the person was violating, subdivision (e) shall, upon
conviction, be subject to the penalties specified in subdivision (a)
of Section 25191.
25162.1.  A recyclable material that is to be exported to a foreign
country is not excluded from classification as a waste pursuant to
subdivision (b) or (d) of Section 25143.2, unless the requirements of
Sections 25143.2 and 25143.9 are met, and the person exporting the
material has complied with all of the following requirements:
   (a) The person notifies the department, in writing, four weeks
before the initial shipment.  This notification may cover export
activities extending over a 12-month or lesser period and shall
include all of the following information:
   (1) The generator's name, site address, mailing address, telephone
number, Environmental Protection Agency or state identification
number, if applicable, contact person, and signature of exporter.
   (2) Each transporter's name, address, telephone number,
Environmental Protection Agency or state identification number, if
applicable, name of contact person, mode of transportation, and
container type used during transport.
   (3) A description of the material and, if applicable, its United
States Department of Transportation proper shipping name, hazard
class, and shipping identification number (UN/NA).
   (4) The estimated frequency of shipments and total quantity of
material to be exported.
   (5) All points of departure from the state and intended
destinations.
   (6) Each receiving facility's name and address.
   (7) A description of the end use of the material, and the basis
for the specific exemption provided in Section 25143.2 which is
applicable to the material.
   (b) For each individual shipment, submit to the department, within
90 days of shipment date, a copy of the waybill, shipping paper, or
any document which includes all of the following information specific
to that shipment:
   (1) Each generator's name and address.
   (2) Each receiving facility's name and address.
   (3) The date of shipment.
   (4) The type, quantity, and value of the material.
25163.  (a) (1) Except as otherwise provided in subdivisions (b),
(c), (e), and (f), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes unless the person
holds a valid registration issued by the department, and it is
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department.  A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter for purposes of this chapter.  Any registration issued by
the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
   (2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste.  The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department.  Any person registered pursuant to this section may
obtain additional copies of the registration certificate from the
department upon the payment of a fee of two dollars ($2) for each
copy requested, in accordance with Section 12196 of the Government
Code.
   (3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
   (b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Article 1
(commencing with Section 117400) of Chapter 4 of Part 13 of Division
104 are exempt from the requirements of subdivision (a).
   (c) Except as provided in subdivision  (f), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, which wastes do not
exceed a total volume of five gallons or do not exceed a total weight
of 50 pounds, are exempt from the requirements of subdivision (a)
and from the requirements of Section 25160 concerning possession of
the manifest while transporting hazardous waste, upon meeting all of
the following conditions:
   (1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.
   (2) Different hazardous waste materials are not mixed within a
container during the transporting.
   (3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
   (4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
   (5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
   (d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Chapter 6 (commencing with Section 25000), but shall
comply with those terms, conditions, orders, and directions that the
health officer or the health officer's authorized representative may
determine to be necessary for the protection of human health and
comfort, and shall otherwise comply with the requirements for
statements as provided in Section 25007.  Violations of those
requirements of Section 25007 shall be punished as provided in
Section 25010.  Proof of registration pursuant to subdivision (a)
shall be submitted by mail or in person to the local health officer
in the city or county in which the registered hazardous waste
transporter will be conducting the activities described in Section
25001.
   (e) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivision (a).
   (f) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivision (a) and from
paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.
25163.1.  The department shall not adopt any regulations requiring a
person hauling hazardous wastes, who is not in the business of
hauling hazardous wastes or who is not hauling these wastes as a part
of, or incidental to, any business, to obtain the registration
specified in subdivision (a) of Section 25163 if that person meets
the conditions specified in subdivision (c) of Section 25163.
25163.3.  A person who initially collects hazardous waste at a
remote site and transports that hazardous waste to a consolidation
site operated by the generator and who complies with the notification
requirements of subdivision (d) of Section 25110.10 shall be exempt
from the manifest and transporter registration requirements of
Sections 25160 and 25163 with regard to the hazardous waste if all of
the following conditions are met:
   (a) The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its transportation is otherwise exempt from, or is
not otherwise regulated pursuant to, the federal act.
   (b) The conditions and requirements of Section 25121.3 are met.
   (c) The regulations adopted by the department pertaining to
personnel training requirements for generators are complied with for
all personnel handling the hazardous waste during transportation from
the remote site to the consolidation site.
   (d) The hazardous waste is transported by employees of the
generator or by trained contractors under the control of the
generator, in vehicles which are under the control of the generator,
or by registered hazardous waste transporters.  The generator shall
assume liability for a spill of hazardous waste being transported
under this section by the generator, or a contractor in a vehicle
under the control of the generator or contractor.  Nothing in this
subdivision bars any agreement to insure, hold harmless, or indemnify
a party to the agreement for any liability under this section or
otherwise bars any cause of action a generator would otherwise have
against any other party.
   (e) The hazardous waste is not held at any interim location, other
than another remote site operated by the same generator, for more
than eight hours, unless that holding is required by other provisions
of law.
   (f) Not more than 275 gallons or 2,500 pounds, whichever is
greater, of hazardous waste is transported in any single shipment,
except for the following:
   (1) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 1,600
gallons of hazardous wastewater from the dewatering of one or more
utility vaults, or up to 500 gallons of any other liquid hazardous
waste in a single shipment.
   (2) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of mineral oil from a transformer, circuit breakers, or
capacitors, owned by the generator, in a single shipment if the oil
does not exhibit the characteristic of toxicity pursuant to the test
specified in subparagraph (B) of paragraph (2) of subdivision (a) of
Section 66261.24 of Title 22 of the California Code of Regulations.
   (g) A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subdivision (h):
   (1) A list of the hazardous wastes being transported.
   (2) The type and number of containers being used to transport each
type of hazardous waste.
   (3) The quantity, by weight or volume, of each type of hazardous
waste being transported.
   (4) The physical state, such as solid, powder, liquid, semiliquid,
or gas, of each type of hazardous waste being transported.
   (5) The location of the remote site where the hazardous waste is
initially collected.
   (6) The location of any interim site where the hazardous waste is
held en route to the consolidation site.
   (7) The name, address, and telephone number of the generator, and,
if different, the address and telephone number of the consolidation
site to which the hazardous waste is being transported.
   (8) The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.
   (9) The name of the individual or individuals who transport the
hazardous waste from the remote site to the consolidation site.
   (10) The date that the generator first begins to actively manage
the hazardous waste at the remote site, the date that the shipment
leaves the remote site where the hazardous waste is initially
collected, and the date that the shipment arrives at the
consolidation site.
   (h) A shipping paper is not required if the total quantity of the
shipment does not exceed 10 pounds of hazardous waste, except that a
shipping paper is required to transport any quantity of extremely or
acutely hazardous waste.
   (i) All shipments conform with all applicable requirements of the
United States Department of Transportation for hazardous materials
shipments.
25165.  (a) A hazardous waste transporter's application for original
and renewal registration shall be on a form provided by the
department.  Any application for an original or renewal registration
received on or after January 1, 2002, from a transporter that
transports, or intends to transport, any waste stream pursuant to the
consolidated manifesting procedure specified in subdivision (c) of
Section 25160.2, shall include a statement by the transporter
notifying the department of that transportation and shall list the
specific category or categories of waste streams to be transported
using the consolidated manifesting procedure.
   (b) Any application for registration under this section shall be
filed with the department.
   (c) Following the procedures specified in subdivision (a) of
Section 25186.1, the department may revoke or suspend a transporter's
authorization to operate pursuant to the consolidated manifesting
procedure exemption specified in subdivision (c) of Section 25160.2.
The department shall base that decision to revoke or suspend an
authorization upon either of the following:
   (1) Any factor set forth in Section 25186.
   (2) A finding that the transporter operation will endanger human
health, domestic livestock, wildlife, or the environment.
25166.  (a) A person who is registered as a hazardous waste
transporter may voluntarily surrender a registration by submitting a
letter signed and dated by the registered hazardous waste transporter
indicating that the transporter no longer wishes to transport
hazardous waste.
   (b) A person whose registration has expired for a period of more
than 90 days shall be considered an applicant for an original
registration when the person applies for registration.
25166.5.  Notwithstanding any other provision of law, the department
may, by regulation, provide for the issuance and renewal of a
hazardous waste transporter registration on a two-year basis.