§ 66273.5. Applicability-Lamps.

(a) Lamps covered pursuant to chapter 23. Except as provided in subsection (b) of this section, the requirements of this chapter apply to persons managing the following:

(1) Lamps, as defined in section 66273.9, that exhibit a characteristic of a hazardous waste, as set forth in article 3 of chapter 11 of this division;

(2) Mercury-added lamps, as defined in section 66273.9, that meet listing description M003 in section 66261.50; and/or

(3) Products that contain lamps and/or mercury-added lamps.

(b) Lamps not covered pursuant to this chapter. The requirements of this chapter do not apply to persons managing the following:

(1) Lamps that are not yet wastes pursuant to chapter 11 of this division as provided in subsection (c) of this section.

(2) Lamps that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 of this division and do not contain mercury (i.e., lamps that do not meet the listing description for M003 wastes in section 66261.50).

(3) Lamps which are destined for disposal or are disposed to a class I landfill. Such lamps are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.

(4) Vehicles that contain mercury-added lamps, unless such vehicles exhibit a characteristic of a hazardous waste, as set forth in article 3 of chapter 11 of this division.

(5) Waste motor vehicles from which all mercury-added lamps have not been removed that are crushed, baled, sheared, or shredded. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, such motor vehicles are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)

(c) Generation of waste lamps.

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

(2) Unused lamps.

(A) An unused lamp 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 lamp 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.

HISTORY

1. New section 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 A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.

2. New sectionrefiled 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.

3. New sectionrefiled 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.

4. New sectionrefiled 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.

5. New sectionrefiled 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.

6. New sectionrefiled 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.

7. Certificate of Compliance as to 11-2-2001 order, including new subsection (b)(3) and amendment of Note, transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).

8. Editorial correction of History 7 (Register 2002, No. 10).

9. Amendment filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).

10. Amendment filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

Note

Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25179.4, Health and Safety Code; 40 CFR Section 273.5.