2005 California Health and Safety Code Sections 25211-25214 Discarded Appliances

25211.  For purposes of this article, the following terms have the
following meaning:
   (a) "Certified appliance recycler" means a person or entity
engaged in the business of removing and properly managing materials
that require special handling from discarded major appliances, and
who is certified pursuant to Section 25211.4, and does not include a
person described in subdivision (b) of Section 25211.2.
   (b) "CUPA" means a certified unified program agency, as defined in
subdivision (b) of Section 25123.7.
   (c) "Major appliance" has the same meaning as defined in Section
42166 of the Public Resources Code.
   (d) "Materials that require special handling" has the same meaning
as defined in Section 42167 of the Public Resources Code.
   (e) "Scrap recycling facility" means a facility where machinery
and equipment are used for processing and manufacturing scrap metal
into prepared grades and whose principal product is scrap iron or
nonferrous metallic scrap for sale for remelting purposes.  A scrap
recycling facility includes, but is not limited to, a feeder yard, a
metal shredding facility, a metal crusher, and a metal baler.
25211.1.  On and after January 1, 2006, no person other than a
certified appliance recycler shall do either of the following:
   (a) Remove materials that require special handling from major
appliances pursuant to subdivision (a) of Section 25212.
   (b) Transport, deliver, or sell discarded major appliances to a
scrap recycling facility, except as provided in subdivision (b) of
Section 25211.2.
25211.2.  (a) On and after January 1, 2006, except as provided in
subdivision (b), a person who transports, delivers, or sells
discarded major appliances to a scrap recycling facility shall
provide evidence that he or she is a certified appliance recycler and
shall certify, on a form prepared by the department and provided to
the facility at the time of the transaction, that all materials that
require special handling have been removed from the appliances
pursuant to subdivision (a) of Section 25212.  Information on the
form shall include, but not be limited to, the appliance recycler
certificate number, the appliance recycler's hazardous waste
generator identification number, the number and types of appliances
included in the shipment, and the facilities to which the materials
that require special handling that were removed from the appliances
were sent or are to be sent.
   (b) A person who is not a certified appliance recycler may
transport, deliver, or sell discarded major appliances to a scrap
recycling facility only if the condition specified in paragraph (1)
or (2) is met:
   (1) (A) The appliances have not been crushed, baled, shredded,
sawed or sheared apart, or otherwise processed in such a manner that
could result in the release, or prevent the removal, of materials
that require special handling.
   (B) The scrap recycling facility is a certified appliance
recycler.
   (2)(A) The appliances have been crushed, baled, shredded, or sawed
or sheared apart.
   (B) The person provides the scrap recycling facility written
evidence from a certified appliance recycler, as required in
subdivision (a), that all materials that require special handling
were removed from the appliances in compliance with subdivision (a)
of Section 25212.
   (c) On and after January 1, 2006, except as provided in
subdivision (b), a scrap recycling facility shall not accept a
discarded major appliance from a person who is not a certified
appliance recycler.
25211.3.  A certified appliance recycler, and any person who is not
a certified appliance recycler who is subject to subdivision (b) or
(c) of Section 25211.2, shall retain onsite records demonstrating
compliance with applicable requirements of this article and Section
42175 of the Public Resources Code.  The records shall be retained
for three years and shall be made available for inspection, upon the
request of a representative of the department or a CUPA.  The records
shall be retained, after that three-year period, during the course
of an unresolved enforcement action or as requested by the department
or CUPA.  The records shall include, but not be limited to, all of
the following information:
   (a) The amount, by volume or weight or both, as determined by the
department, of each material that required special handling.
   (b) The method used by the appliance recycler to recycle, dispose
of, or otherwise manage each material that required special handling,
including the name and address of the facility to which each
material was sent.
25211.4.  (a) On and after July 1, 2005, a person wishing to operate
as a certified appliance recycler shall submit an application to the
department and obtain certification from the department pursuant to
this section.  On or before May 1, 2005, the department shall make
available on its Web site an application for certification as a
certified appliance recycler that includes all of the following:
   (1) The business name under which the appliance recycler operates,
and the business owner's name, address, and telephone number.
   (2) A hazardous waste generator identification number issued by
the department pursuant to this chapter.
   (3) A statement indicating that the applicant has either filed an
application for a stormwater permit or is not required to obtain a
stormwater permit.
   (4) A statement indicating that the applicant has either filed a
hazardous materials business plan or is not required to file the
plan.
   (5) The tax identification number assigned by the Franchise Tax
Board.
   (6) A copy of a business license and any conditional use permits
issues by the appropriate city or county.
   (7) A description of the ability of the applicant to properly
remove and manage all materials that require special handling,
including, but not limited to, a technical description of all
equipment used in removing and managing the materials and the
training provided to personnel engaged in the removal and managing of
the materials.
   (8) Any other information that the department may determine to be
necessary to carry out this article.
   (b) A person wishing to operate as a certified appliance recycler
shall submit to the department, under penalty of perjury, the
information required pursuant to subdivision (a).  The department
shall review the application for completeness and, upon determining
that the application is complete and meets the requirements of this
section, shall issue a numbered certificate to the applicant.  The
department shall notify an applicant whose application fails to meet
the requirements for certification of the reason why the department
denied the certification.  The department may revoke or suspend a
certification issued pursuant to this section, in accordance with the
procedures specified in Sections 25186.1 and 25186.2, for any of the
grounds specified in Section 25186.
   (c) The certificate issued by the department shall include the
issuance date and the expiration date, which shall be three years
after the issuance date.  A person whose certification has expired,
and who has not applied for and obtained a new current certification,
is no longer a certified appliance recycler and may no longer
operate as a certified appliance recycler.
   (d) Upon issuance of a certificate, the department shall transmit
the application and certification of the certified appliance recycler
to the certified uniform program agency in whose jurisdiction the
person is located, which shall, as soon as is practicable, inspect
the certified appliance recycling facility to determine whether the
recycler is capable of properly removing and managing materials that
require special handling from major appliances.  In making the
determination, the certified uniform program agency shall consider
various factors, including, but not limited to, the working condition
of equipment used to remove the materials, the technical ability of
employees of the business to operate the equipment proficiently, and
the facility's compliance with existing applicable laws.
25211.5.  The department may adopt any regulations determined
necessary to implement and enforce this article.
25212.  (a) Materials that require special handling that are
contained in major appliances shall not be disposed of at a solid
waste facility and shall be removed from major appliances in which
they are contained prior to the appliance being crushed, baled,
shredded, sawed or sheared apart, disposed of, or otherwise processed
in a manner that could result in the release or prevent the removal
of materials that require special handling.
   (b) A person who, pursuant to subdivision (a), removes from a
major appliance any material that requires special handling, that is
a hazardous waste under this chapter, is a hazardous waste generator
and shall comply with all provisions of this chapter applicable to
generators of hazardous waste.
   (c) All materials that require special handling that have been
removed from a major appliance pursuant to subdivision (a), and that
are hazardous wastes, shall be managed in accordance with this
chapter.
   (d) A person who fails to comply with subdivision (a) is in
violation of this chapter.
   (e) (1) The department or a local health officer or other public
officer authorized pursuant to Article 8 (commencing with Section
25180), including, when applicable, a certified unified program
agency (CUPA) or a unified program agency within the jurisdiction of
a CUPA, shall incorporate both of the following into the existing
inspection and enforcement activities of the department or the local
health officer or other public officer:
   (A) The regulation of materials that require special handling
that, when removed from a major appliance, is hazardous waste.
   (B) The enforcement of subdivision (a).
   (2) The department, local health officers, or other public
officers shall coordinate their activities as needed to identify and
regulate materials that require special handling that, when removed
from major appliances, are hazardous wastes that are transported from
one jurisdiction to another.
25213.  (a) To implement subdivision (c) of Section 25212, the
department shall, based on reasonably available information, develop
a statewide list of appliance recyclers, used appliance dealers,
solid waste facilities, metal scrapyards, and others who may remove,
or do business with those who remove, from major appliances,
materials that require special handling.  The department shall notify
persons on the list of the requirements of this chapter and the
steps that will be required to be taken to comply with this chapter.
   (b) The department shall transmit a copy of the Appliance
Recycling Guide, published by the California Integrated Waste
Management Board, and any other materials determined to be necessary
by the department to ensure compliance with this chapter, to the
following persons and agencies:
   (1) Persons who apply for a generator identification number
indicating that they are involved with any activities regulated
pursuant to this article.
   (2) The local officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
   (c) The department shall transmit the generator identification
number of any person identified pursuant to paragraph (1) of
subdivision (b) and the statewide list developed pursuant to
subdivision (a) to the appropriate local officers and agencies
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180.
25214.  The department shall make information available upon request
regarding the implementation of this article, including, but not
limited to, the list of persons notified pursuant to subdivision (a)
of Section 25213, the list of persons identified pursuant to
paragraph (1) of subdivision (b) of Section 25213, information on
inspection and enforcement, and other information pertaining to the
record of compliance with this article, subject to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).