§ 66273.3. Applicability-Electronic Devices.

(a) Electronic devices covered pursuant to chapter 23.

(1) The requirements of this chapter apply to persons managing electronic devices, as defined in section 66273.9, except those listed in subsection (b) of this section.

(2) Discarded electronic devices that are hazardous solely because the device exhibits the characteristic of toxicity specified in section 66261.24 and/or are listed in article 4.1 of chapter 11 of this division may be managed as a universal waste.

(b) Electronic devices not covered pursuant to this chapter.

The requirements of this chapter do not apply to persons managing the following electronic devices:

(1) Electronic devices that are not yet wastes pursuant to chapter 11 of this division. Subsection (c) of this section describes when electronic devices become wastes.

(2) Electronic devices that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 and that are not otherwise identified as hazardous waste pursuant to chapter 11 of this division.

(3) Electronic devices that exhibit any characteristic of a hazardous waste other than the characteristic of toxicity. Such electronic devices shall be managed as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.

(4) Electronic devices that are destined for recycling (or are recycled) by being “used in a manner constituting disposal,” as described in section 66266.20, or that are destined for disposal (or are disposed) to a class I landfill. Such electronic devices shall be managed as hazardous waste pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.

(5) Electronic devices that are managed as hazardous waste pursuant to chapters 10 through 16, 18, and 20 through 22 of this division;

(6) Electronic devices that were previously identified as waste pursuant to chapter 11, but are no longer identified as a waste (e.g., a discarded electronic device that is refurbished and is returned to service).

(c) Generation of waste electronic devices.

(1) A used electronic device becomes a waste on the date it is discarded (e.g., when stored prior to being sent for reclamation).

(2) Unused electronic devices.

(A) An unused electronic device that is not a retrograde material becomes a waste on the date it is discarded (e.g., when stored prior to being sent for reclamation).

(B) An unused electronic device that is a retrograde material becomes a waste on the date that it becomes a recyclable material pursuant to subsection (e) of the definition of “recyclable materials” in section 66260.10.

(d) A respondent in an action to enforce regulations implementing this division who claims that an electronic device is not a waste bears the burden of demonstrating that there is a known market or disposition for its use as an electronic device.

HISTORY

1. New section filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).

2. Amendment of section heading, section and Note filed 6-7-2004 as an emergency; operative 6-7-2004 (Register 2004, No. 24). Pursuant to Public Resources Code section 42475.2, a Certificate of Compliance must be transmitted to OAL by 6-7-2006 or emergency language will be repealed by operation of law on the following day.

3. Amendment of section heading, section and Note refiled 6-5-2006 as an emergency, including further amendment of Note; operative 6-5-2006 (Register 2006, No. 23). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

4. Amendment of section heading, section and Note refiled 5-8-2008 as an emergency; operative 5-8-2008 (Register 2008, No. 19). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

5. Certificate of Compliance as to 5-8-2008 order, including further amendment of section and Note, transmitted to OAL 12-19-2008 and filed 2-4-2009 (Register 2009, No. 6).

6. Editorial correction of History 5 (Register 2009, No. 10.)

7. Change without regulatory effect amending subsection (b)(4) filed 7-13-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 29).

Note

Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code.