§ 66268.1. Purpose, Scope and Applicability.

(a) This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.

(b) Except as specifically provided otherwise in this chapter or chapter 11 of this division, the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.

(c) Restricted wastes may continue to be land disposed as follows:

(1) where persons have been granted an extension to the effective date of a prohibition under article 3 of this chapter or pursuant to section 66268.5, with respect to those wastes covered by the extension;

(2) Where persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;

(3) RCRA hazardous wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes:

(A) Are disposed into a nonhazardous or hazardous injection well; and

(B) Do not exhibit any prohibited characteristic of hazardous waste identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) at the point of injection.

(4) RCRA hazardous wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in section 66268.40, or are D003 reactive cyanide:

(A) The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act; or

(B) The wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or

(C) The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in section 66268.37; and

(D) The wastes no longer exhibit a prohibited characteristic in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) at the point of land disposal (i.e., placement in a surface impoundment).

(5) where persons who own or operate a land treatment facility have been granted by the Department an exemption allowing the disposal of restricted hazardous waste in the land treatment facility pursuant to Health and Safety Code section 25179.12;

(6) where persons who own or operate a surface impoundment have been granted by the Department an exemption allowing the treatment of restricted waste in the surface impoundment in accordance with Health and Safety Code section 25179.11;

(7) where restricted hazardous waste in lab packs has not been restricted or prohibited by the USEPA pursuant to RCRA section 3004 (42 U.S.C. section 6924), as amended.

(d) The requirements of this chapter shall not affect the availability of a waiver under section 121(d)(4) of CERCLA (42 U.S.C. section 9621).

(e) The following hazardous wastes are not subject to any provision of chapter 18:

(1) RCRA hazardous waste generated by small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined in 40 CFR section 261.5;

(2) waste pesticides that a farmer disposes of pursuant to section 66262.70;

(3) solid hazardous wastes generated in the clean up or decontamination of any site contaminated only by hazardous wastes which have not been restricted or prohibited by the USEPA pursuant to section 3004 of the RCRA (42 U.S.C. section 6924), as amended, and which have complied with California Health and Safety Code section 25179.5(a)(4).

(4) Wastes identified or listed as RCRA hazardous waste after November 8, 1984 for which the Department has not promulgated land disposal prohibitions or treatment standards;

(5)De minimislosses to wastewater treatment systems of the following wastes: commercial chemical product or chemical intermediates that are ignitable (D001); corrosive (D002); or are organic constituents that exhibit the characteristic of toxicity (D012-D043); and that contain underlying hazardous constituents as defined in section 66260.10, are not considered to be prohibited wastes.De minimislosses are defined as losses from normal material handling operations: (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment; storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing.

(f) Effective May 8, 1990, all hazardous wastes are prohibited from land disposal unless the wastes have been exempted, granted a variance or granted an extension under this chapter or pursuant to California Health and Safety Code sections 25179.8, 25179.9, 25179.10, 25179.11 and 25179.12, unless the wastes meet the applicable treatment standards specified under article 4 and article 11 of this chapter, or 40 CFR part 268 or unless the wastes have a treatment standard that has been repealed pursuant to Health and Safety Code section 25179.6.

(g) Persons who manage universal waste are exempt from sections 66268.7 and 66268.50. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.

HISTORY

1. New section with renumbering and amendment of former section 66826 to subsections (g), (h) and (i) filed 5-24-91; operative 7-1-91 (Register 91, No. 22). A Certificate of Compliance for 5-6-91 order must be transmitted to OAL by 9-3-91 or the emergency language will be repealed by operation of law on the following day.

2. Emergency order of 5-6-91 adopting subsections (g)-(i) refiled 9-3-91 as an emergency; operative 9-3-91 (Register 92, No. 17). A Certificate of Compliance must be transmitted to OAL 1-2-92 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsections (g)-(i) refiled, including further amendments and new subsection (j) filed 12-26-91 as an emergency; operative 12-26-91 (Register 92, No. 17). A Certificate of Compliance must be transmitted to OAL 4-24-92 or emergency language will be repealed by operation of law on the following day.

4. New subsections (g), (h), (i) and (j) refiled 4-20-92 as an emergency; operative 4-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 8-18-92 or emergency language will be repealed by operation of law on the following day.

5. Repealer of emergency amendments and reinstatement of prior text filed 11-2-92 by operation of Government Code section 11346.1(f) (Register 92, No. 45).

6. Amendment of section and Note filed 3-1-93; operative 3-1-93 (Register 93, No. 10).

7. Amendment of subsection (c)(1) and new subsections (e)(3) and (e)(4) filed 1-31-96; operative 1-31-96 (Register 96, No. 5).

8. Amendment of subsections (e)(2) and (g)-(i) filed 7-23-97; operative 8-22-97 (Register 97, No. 30).

9. Change without regulatory effect repealing subsection (h) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).

10. Change without regulatory effect amending section filed 6-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 23).

11. New subsections (g)-(g)(3) and amendment of Note filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.

12. New subsections (g)-(g)(3) and amendment of Note refiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.

13. New subsections (g)-(g)(3) and amendment of Note refiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.

14. New subsections (g)-(g)(3) and amendment of Note refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.

15. New subsections (g)-(g)(3) and amendment of Note refiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.

16. New subsections (g)-(g)(3) and amendment of Note refiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 11-2-2001 order transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).

18. Amendment of subsection (g), repealer of subsections (g)(1)-(3) and amendment of Note filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).

19. Amendment of subsection (g) and Note filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).

20. Change without regulatory effect amending subsection (f) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).

21. Change without regulatory effect amending subsection (e)(5) filed 7-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 30).

Note

Note: Authority cited: Sections 25141, 25150, 25150.6, 25159, 25179.6, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25150, 25159, 25159.5, 25179.3, 25179.6, 25179.7, 25179.8, 25179.9, 25179.10, 25179.11, 25179.12, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 268.1.