2009 California Health and Safety Code - Section 25179.1-25179.12 :: Article 7.7. Hazardous Waste Treatment Reform Act Of 1995

25179.1.  (a) This article shall be known, and may be cited, as the
Hazardous Waste Treatment Reform Act of 1995.
   (b) It is the intent of the Legislature, in enacting this article,
to adopt reasonable and realistic methods for addressing the
environmental risks associated with land disposal of hazardous waste
and to encourage the treatment of hazardous waste to remove or reduce
hazards to human health and the environment. However, it is not the
Legislature's intent to impose hazardous waste management
requirements upon hazardous waste generators and hazardous waste
storage, treatment, and disposal facilities located within the state
which could, if so imposed, encourage illegal disposal practices or
force California generators to seek hazardous waste disposal
solutions in other states or countries, thereby shifting the state's
hazardous waste treatment and disposal burdens to other
jurisdictions.
   (c) The Legislature hereby finds and declares the following:
   (1) The hazardous waste treatment industry is important to
California's economy and future environmental protection.
   (2) Treatment of hazardous waste, the generation of which cannot
otherwise be prevented through waste minimization and recycling of
hazardous constituents, is preferable to disposal of that waste by
means of incineration or land disposal without treatment.
   (3) To improve California's economic and environmental well-being,
the development and implementation of new hazardous waste treatment
technologies in California that reduce or eliminate the hazards to
human health and the environment of hazardous waste generated in
California should be encouraged where these technologies can be
practically utilized in California to substantially reduce or
eliminate these hazards.

25179.2.  For purposes of this article, the following definitions
apply:
   (a) "Agricultural drainage water" means subsurface water or
perched groundwater which is drained from beneath agricultural lands
and which results from agricultural irrigation.
   (b) "Free liquids" mean liquids which readily separate from the
solid portion of a hazardous waste under ambient temperature and
pressure.
   (c) "Hazardous waste landfill" means a disposal facility, or part
of a facility, where hazardous waste is placed in or onto land and
which is not a land treatment facility, a surface impoundment, or an
injection well.
   (d) "Land disposal" means placement in or on the land, and
includes, but is not limited to, placement in a landfill, surface
impoundment, waste pile, injection well, land treatment facility,
salt dome formation, salt bed formation, underground mine or cave, or
concrete vault or bunker intended for disposal purposes.
   (e) Notwithstanding Section 25123.5, and for purposes of this
article only, "treatment" means any method, technique, or process,
including incineration, occurring at authorized facilities that
changes the physical, chemical, or biological character or
composition of any hazardous waste and, by that change, the waste
becomes nonhazardous, significantly less hazardous, or more suitable
for land disposal because of removal or substantial reduction of
undesirable properties, such as toxicity, mobility, persistence,
reactivity, bioaccumulation, flammability, or corrosivity. "Treatment"
does not include any of the following, to the extent that one or
more of the following are the only methods which are used:
   (1) Solidification of hazardous waste by the addition of absorbent
material that produces a change only in the physical character of
the waste, without a corresponding change in the chemical character
of the waste.
   (2) Treatment occurring directly in or on the land, such as land
treatment, except that treatment may include in situ treatment
necessary for site mitigation.
   (3) Dilution of hazardous waste by the addition of nonhazardous
material.
   (4) Evaporation in a surface impoundment.
   (f) "Treated hazardous waste" means a hazardous waste that has
been subject to treatment, as specified in subdivision (e), that
meets treatment standards established by the department pursuant to
Section 25179.6, and applicable treatment standards adopted by the
Environmental Protection Agency pursuant to Section 3004(m) of the
federal act (42 U.S.C. Sec. 6924(m)). "Treated hazardous waste" also
includes a hazardous waste that meets all applicable treatment
standards without prior treatment.
   (g) "Designated treatment technology" means a hazardous waste
environmental technology certified by the department in accordance
with Section 25200.1.5 that the department has also designated,
pursuant to Section 25179.7, as a method which will treat specified
types of hazardous waste to substantially reduce or eliminate the
risk to human health and the environment posed by that waste.
   (h) "Treatable waste" means a type or category of hazardous waste,
specified by the department, for which there is a designated
treatment technology. A waste becomes a treatable waste one year
after designation of the first treatment technology found by the
department to be suitable for treatment of that type or category of
hazardous waste pursuant to Section 25179.7.

25179.3.  Notwithstanding any other provision of law, except as
provided in Section 26179.9, no person shall dispose of liquid waste,
liquid hazardous waste, or hazardous waste containing free liquids
in a hazardous waste landfill.

25179.4.  In developing new programs and carrying out this chapter,
the department shall promote the following waste management practices
in order of priority:
   (a) Reduction of hazardous waste generated.
   (b) Recycling of hazardous waste.
   (c) Treatment of hazardous waste.
   (d) Land disposal of residuals from hazardous waste recycling and
treatment.

25179.5.  (a) Notwithstanding any other provision of law, except as
provided in this article, any hazardous waste restricted from land
disposal by the federal act, or by the Environmental Protection
Agency pursuant to the federal act, or by the department pursuant to
Section 25179.6, is prohibited from land disposal in the state,
unless one of the following circumstances apply:
   (1) The hazardous waste, or the producer of the hazardous waste is
granted a variance, extension, exclusion, or exemption by the
administrator of the Environmental Protection Agency or by the
department.
   (2) The waste is treated in accordance with an applicable
treatment standard.
   (3) The federal restriction is stayed or otherwise conditioned by
an appropriate court of law.
   (4) It is a solid hazardous waste generated in the cleanup or
decontamination of any site contaminated only by hazardous waste that
has not been restricted or prohibited by the federal act or
prohibited by the Environmental Protection Agency pursuant to the
federal act, and which does not meet the treatment standards
established by the department pursuant to Section 25179.6, if the
department or other federal, state, or local agency with authority to
approve the cleanup or decontamination has approved the disposal of
the waste.
   (b) (1) Any treatment standard that is adopted or amended by the
Environmental Protection Agency pursuant to subsection (m) of Section
6924 of the federal act, for a hazardous waste prohibited from land
disposal pursuant to subdivision (a) and that is in effect, is the
treatment standard required to be met before the hazardous waste may
be disposed of, using land disposal, in the state. Any land disposal
restriction, including any treatment standard, notification
requirement, or recordkeeping requirement that is adopted or amended
by the Environmental Protection Agency shall become effective in the
state upon the effective date of that adoption or amendment, as
specified in the final rule published in the Federal Register, and
shall, as of that date, supersede any corresponding land disposal
restriction specified in the department's regulations, unless one or
more of the following conditions exist:
   (A) A more stringent statutory requirement is applicable.
   (B) A land disposal restriction previously adopted by the
department expressly states, in that regulation, that the land
disposal restriction is intended to supersede any less stringent land
disposal restrictions which may be subsequently adopted by the
Environmental Protection agency.
   (C) The department subsequently adopts a more stringent land
disposal restriction pursuant to subdivision (c) of Section 25179.6.
   (2) Except as provided in Section 25179.6, any extension,
variance, or exemption from the treatment standard granted by the
Administrator of the Environmental Protection Agency shall also apply
in this state.
   (c) Subdivision (b) applies only to hazardous waste land disposal
restrictions, standards, or criteria enforced by the department and
does not limit or affect the standards adopted by any other local,
state, or federal agency.
   (d) Any hazardous waste or treated hazardous waste that meets all
applicable treatment standards pursuant to this section may be
disposed of to land at a hazardous waste disposal facility that has
been issued a hazardous waste facilities permit allowing that
disposal, if the disposal is conducted in compliance with this
chapter, the applicable regulations adopted by the department, and
the requirements of the permit issued by the department.

25179.6.  (a) (1) A land disposal restriction, treatment standard,
or land disposal criteria adopted by the department pursuant to
former Article 7.7 (commencing with Section 25179.1), which article
was repealed by the act adding this section, pursuant to this
section, shall remain in effect on and after January 1, 1996, except
as provided in paragraph (2), only if both of the following
conditions apply to that adopted restriction, treatment standard, or
land disposal criteria:
   (A) The land disposal of hazardous waste was actually prohibited
or otherwise limited by those disposal restrictions, treatment
standards, or land disposal criteria on and before December 31, 1995.
   (B) The implementation date of those disposal restrictions,
treatment standards, or land disposal criteria were not suspended
until January 1, 1996, by any provision of former Article 7.7
(commencing with Section 25179.1).
   (2) Those land disposal restrictions, treatment standards, or land
disposal criteria that remain in effect on and after January 1,
1996, pursuant to paragraph (1), may be repealed or amended by the
department by regulation to maintain consistency with this article or
pursuant to a determination by the department that any such land
disposal restriction, treatment standard, or land disposal criteria
is not necessary to protect public health and safety or the
environment.
   (b) On and after January 1, 1996, any land disposal restriction,
treatment standard, or land disposal criteria that is not required
pursuant to Section 25179.5 and that was adopted by the department
pursuant to the former Article 7.7 (commencing with Section 25179.1)
specified in subdivision (a), but that did not prohibit land disposal
prior to January 1, 1996, or was otherwise suspended until January
1, 1996, by any provision of former Article 7.7 shall not prohibit
land disposal on or after January 1, 1996, and shall be deemed
repealed, including any land disposal restriction, treatment
standard, or land disposal criteria for any of the following
categories of hazardous waste:
   (1) Any RCRA hazardous waste for which a treatment standard has
not been adopted or for which the United States Environmental
Protection Agency has granted a delay of the effective date of the
standard pursuant to Section 6924 of the federal act.
   (2) Any non-RCRA hazardous waste subject to treatment standards
based upon incineration, solvent extraction, or biological treatment.
   (3) Any non-RCRA hazardous waste subject to a treatment standard
adopted pursuant to paragraph (3) of subdivision (a) of Section
66268.106 of Title 22 of the California Code of Regulations.
   (c) Except as provided in subdivision (a) with regard to repealing
or limiting the effect of restrictions, standards or criteria that
prohibited land disposal as of December 31, 1995, the department, by
regulation, may adopt new land disposal restrictions, treatment
standards, or land disposal criteria in addition to, or more
stringent than, those restrictions, standards, or criteria required
pursuant to the federal act, or required by the United States
Environmental Protection Agency pursuant to the federal act, or for
those hazardous wastes not subject to restrictions, standards, or
criteria required pursuant to the federal act, or required by the
United States Environmental Protection Agency pursuant to the federal
act, if the department determines, after holding a public hearing,
that both of the following conditions exist:
   (1) A new state land disposal restriction, treatment standard, or
criteria is necessary to protect public health and safety and the
environment, as indicated by evidence on the record.
   (2) Attainment of the additional restriction, standard, or
criteria can be practically achieved in this state and is consistent
with the intent language of this article, as provided in Section
25179.1.
   (d) On or before January 1, 2001, the department shall review and,
as deemed necessary, revise the hazardous waste land disposal
restrictions, treatment standards, and land disposal criteria that
were adopted by the department before January 1, 1996, pursuant to
former Article 7.7 (commencing with Section 25179.1) and that remain
in effect after that date, to maintain consistency with this section.
Any treatment standards adopted by the department on or after
January 1, 1996, pursuant to this section, shall be reviewed and
revised, as deemed necessary, by the department.
   (e) Nothing in this section exempts the department from compliance
with Section 57005 and with Sections 11346.2, 11346.3, and 11346.5
of the Government Code.

25179.7.  (a) The department may, upon receipt of a petition,
designate treatment technologies certified pursuant to Section
25200.1.5 in accordance with this article. For each designated
treatment technology, the department shall specify the types or
categories of hazardous wastes that can be satisfactorily treated.
The department may specify more than one certified treatment
technology for a category of waste and the department may determine
more than one category of waste to be suitable for treatment by a
certified treatment technology. When listing a designated treatment
technology, the department shall provide sufficient specificity in
the listing of the treatable wastes to ensure that the definition of
each type or category of waste is clearly defined. When designating a
treatment technology for one or more types or categories of
hazardous waste, the department shall ensure that all of the
following criteria are met:
   (1) The treatment technology is appropriate for each of the types
or categories of hazardous waste for which it is designated.
   (2) The treatment technology is technically feasible for each of
the types or categories of hazardous waste for which it is
designated.
   (3) The treatment technology is environmentally desirable for each
of the types or categories of hazardous waste for which it is
designated. In determining if treatment of a hazardous waste is
environmentally desirable, the department shall consider whether
there is a viable public health and safety or environmental benefit
to be gained by treating the hazardous waste using a designated
treatment technology in this state rather than otherwise disposing of
the hazardous waste, and whether conducting that treatment in this
state provides a benefit beyond that achieved by meeting the land
disposal treatment standard, if any, specified for that hazardous
waste pursuant to Section 25179.5.
   (b) Upon designation of a certified treatment technology, the
department shall notify the public of the types or categories of
waste that can be treated by the designated treatment technology. The
notice shall specify whether these types or categories represent new
treatable wastes, and if not, what other designated treatment
technologies also exist for that type or category of treatable waste.
The notice shall include explanation of the potential changes in the
payment of hazardous waste fees that may result from this
designation.
   (c) The department shall not impose any requirement or mandate on
any person who generates, stores, treats, or disposes of hazardous
waste to use a designated treatment technology. However, the
department may provide incentives for the use of designated treatment
technologies in this state consistent with authority granted the
department pursuant to this chapter.
   (d) The department may adopt regulations establishing standards
for designated treatment technologies.
   (e) When determining the fees specified in subdivision (h) of
Section 25200.1.5, the department shall include the amounts
sufficient to recover the actual costs of the department in reviewing
and designating treatment technologies pursuant to this section.

25179.8.  (a) Except as provided in subdivision (d), the department
may grant a variance from the requirements of Sections 25179.5 and
25179.6 for a hazardous waste, consistent with Section 25143.
   (b) The department may grant a variance from the requirements of
Section 25179.6 for agricultural drainage waters that meet the
criteria established by the department pursuant to Section 25141 if a
person demonstrates, to the satisfaction of the department, that all
of the following conditions apply to the waste:
   (1) There are no technically and economically feasible treatment,
reuse, or recycling alternatives available to render the agricultural
drainage water nonhazardous.
   (2) The applicant can demonstrate that the continued disposal of
agricultural drainage waters does not pose an immediate or
significant long-term risk to public health or the environment.
   (3) The disposal of the agricultural drainage waters is in
compliance with the requirements of Section 25179.3.
   (c) A variance granted by the department pursuant to subdivision
(b) shall remain in effect for a period not longer than three years
and may be renewed for additional three-year periods.
   (d) When granting a variance pursuant to this section, the
department may specify, where appropriate, any treatment that shall
be required prior to land disposal of the waste, and may impose
requirements that may be necessary to protect the public health and
the environment.
   (e) The department shall not grant a variance pursuant to
subdivision (a) for hazardous waste that is restricted or prohibited
by the Environmental Protection Agency pursuant to the federal act,
unless either of the following applies:
   (1) The waste has been granted a variance by the Administrator of
the Environmental Protection Agency and the variance granted by the
department does not permit less stringent management than that
required pursuant to the federal variance.
   (2) The Environmental Protection Agency has delegated the
authority to grant variances to the department pursuant to the
federal act.

25179.9.  Lab packs which contain hazardous waste that has not been
restricted or prohibited by the Environmental Protection Agency
pursuant to Section 3004 of the federal act, are exempt from the
requirements of Sections 25179.3 and 25179.6 if they are disposed of
in accordance with the requirements established by the department, by
regulation.

25179.10.  (a) The department may grant an exemption from the
requirements of Section 25179.6 pursuant to subdivision (b) for
either of the following:
   (1) Any special waste which meets the criteria and requirements
established for special waste in the regulations adopted by the
department and has been classified as a special waste pursuant to the
regulations adopted by the department but does not meet the
treatment standards established by the department pursuant to Section
25179.6.
   (2) Any hazardous waste generated in the extraction,
beneficiation, or processing of ores and minerals.
   (b) The department may grant an exemption for a waste specified in
subdivision (a) if a person, upon application, demonstrates to the
satisfaction of the department that no economically and
technologically feasible alternatives exist to recycle, reuse, or
treat the waste to meet the treatment standards adopted by the
department pursuant to Section 25179.6 and that there will be no
migration of hazardous constituents in concentrations which pollute
or threaten to pollute the waters of the state from the disposal unit
where the waste is to be disposed. An exemption granted pursuant to
this subdivision shall remain in effect for five years. The
department may renew the exemption if, upon application, it
determines that the findings required by the subdivision still apply.

25179.11.  (a) A person discharging a hazardous waste into a surface
impoundment that was constructed before July 1, 1986, and for which
an application for waste discharge requirements was submitted on or
before September 1, 1986, is exempt from the requirements of Sections
25179.5 and 25179.6 if all of the following conditions apply to the
surface impoundment:
   (1) The surface impoundment, the management of the hazardous waste
discharged into the surface impoundment, and any residue resulting
from the treatment of the hazardous waste meet the requirements of
Section 3005(j) of the federal act and Section 268.4 of Title 40 of
the Code of Federal Regulations, if applicable.
   (2) The surface impoundment is in compliance with Article 9.5
(commencing with Section 25208).
   (3) Hazardous waste is discharged into the surface impoundment for
purposes of treating the hazardous waste to comply with any
treatment standard in effect pursuant to Section 25179 or adopted by
the department pursuant to Section 25179.6 for that hazardous waste,
and the residues that result from the treatment of the hazardous
waste which do not meet that treatment standard are removed for
subsequent management within one year from the date of placement of
the hazardous waste into the surface impoundment.
   (b) A person discharging a hazardous waste into a surface
impoundment that was constructed after July 1, 1986, and for which an
application for waste discharge requirements was submitted after
September 1, 1986, is exempt from the requirements of Sections
25179.5 and 25179.6 if all of the following conditions apply to the
surface impoundment:
   (1) The surface impoundment, the management of the hazardous waste
discharged into the surface impoundment, and any residue resulting
from the treatment of the hazardous waste meet the requirements of
Section 3005(j) of the federal act and Section 268.4 of Title 40 of
the Code of Federal Regulations, if applicable.
   (2) The surface impoundment is in compliance with Article 9.5
(commencing with Section 25208).
   (3) Hazardous waste is discharged into the surface impoundment for
purposes of treating the hazardous waste to comply with any
treatment standard in effect pursuant to Section 25179.5 or adopted
by the department pursuant to Section 25179.6 for that hazardous
waste, and the residues that result from the treatment of the
hazardous waste which do not meet that treatment standard are removed
for subsequent management within one year from the date of placement
of the hazardous waste into the surface impoundment.
   (4) The department determines that the use of the surface
impoundment to treat the hazardous waste is the only means by which
the hazardous waste can be treated using the best demonstrated
available technology.

25179.12.  (a) Except as provided in subdivisions (b) and (c), a
person operating a land treatment facility is exempt from the
requirements of Sections 25179.5 and 25179.6 if the facility is in
compliance with the requirements of all state and federal statutes
and regulations applicable to land treatment facilities, including,
but not limited to, subdivision (b), and the facility has either been
issued a final hazardous waste facilities permit or is operating
under, and in compliance with, the requirements of interim status and
the facility operator has submitted an application for a final
permit.
   (b) Land treatment facilities at which hazardous constituents have
migrated from the treatment zone shall not be eligible for an
exemption pursuant to subdivision (a) until the contamination has
been removed to the satisfaction of the department. In order for the
department to determine whether hazardous constituents have migrated
from the treatment zone, the owner or operator of the land treatment
facility shall provide data to the department on at least all of the
following:
   (1) Soil cores taken from below the treatment zone.
   (2) Groundwater monitoring.
   (3) Unsaturated zone monitoring.
   (4) Waste analysis.
   (5) Historical activities at the facility.
   (c) A land treatment facility may not treat hazardous waste which
has been restricted or prohibited by the Environmental Protection
Agency pursuant to Section 3004 of the federal act unless the land
treatment has been authorized by the Administrator of the
Environmental Protection Agency.