§ 66266.117. Operator Requirements.

(a) A person who operates a facility which meets either of the criteria in subsection (a)(1) or (a)(2) of this section shall comply with the requirements in subsection (b) of this section.

(1) At the facility, a recyclable material is to be used in its existing state in agriculture.

(2) At the facility, a product processed from a recyclable material at a facility which is not licensed by the California Department of Food and Agriculture is to be used in agriculture and the processed product is hazardous under chapter 11 of this division.

(b) A person who operates a facility described in subsection (a) of this section shall comply with the following:

(1) all of the requirements of this division applicable to an operator of a hazardous waste facility with respect to the management of such a material;

(2) the additional requirements listed below.

(A) An operator shall use a recyclable material in agriculture only after receipt of the documents required under section 66266.115(a)(3).

(B) An operator shall use a recyclable material in agriculture only in compliance with the information in the documents provided pursuant to section 66266.115(a)(3).

(c) A person who operates a facility where a recyclable material used in agriculture is to be processed for such use, shall comply with all of the requirements of this division applicable to the operator of a hazardous waste facility with respect to the handling and management of such a material and shall comply with the additional requirements listed below.

(1) If the facility is not licensed by the California Department of Food and Agriculture and the product processed from the recyclable material is hazardous under chapter 11 of this division, the operator shall comply with the requirements of this division as if the operator were the generator of a hazardous waste under section 66266.115(a)(1).

(2) If the facility is licensed by the California Department of Food and Agriculture and the product processed from the recyclable material is hazardous under chapter 11 of this division, the operator shall be exempt from the requirements of this division as they pertain to a generator of a hazardous waste under section 66266.115(a)(1).

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Renumbering of former section 66266.112 to new section 66266.117 and amendment of subsections (b)(3)(A)-(B) and (c)(1)-(2) and Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

3. Amendment of subsection (b)(1), repealer of subsection (b)(2) and subsection renumbering, and amendment of subsection (c) filed 9-20-96; operative 10-20-96 (Register 96, No. 38).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 14551 and 15051, Food and Agricultural Code; Sections 25159.5, 25170 and 25201, Health and Safety Code.