§ 66273.6. Applicability - Cathode Ray Tubes (Crts).

(a) CRTs covered pursuant to chapter 23. The requirements of this chapter apply to CRTs, as defined in section 66273.9, except those listed in subsection (b) of this section.

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

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

(2) CRTs that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 of this division;

(3) CRTs that are destined for recycling (or are recycled) by being “used in a manner constituting disposal,” as described in section 66266.20. Such CRTs shall be managed as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division;

(4) Except as otherwise provided in section 66273.72 of this chapter, CRTs that are destined for disposal (or are disposed) to a class I landfill. Such CRTs shall be managed as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division;

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

(6) CRTs that were previously wastes pursuant to chapter 11 of this division, but are no longer wastes (e.g., a discarded CRT that is refurbished and is returned to service).

(c) Generation of waste CRTs. A CRT becomes a waste on the date when the earlier of the following occurs:

(1) The owner discards the CRT; or

(2) The CRT is physically cracked, broken, or shattered.

(3) Unused CRTs.

(A) An unused CRT 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 CRT 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 8-3-2001 as an emergency; operative 8-3-2001 (Register 2001, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-3-2001 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 11-30-2001 as an emergency; operative 11-30-2001 (Register 2001, No. 48). A Certificate of Compliance must be transmitted to OAL by 4-2-2002 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 3-26-2002 as an emergency; operative 4-12-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-12-2002 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 8-6-2002 as an emergency; operative 8-6-2002 (Register 2002, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.

5. New section refiled 11-25-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 48). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 11-25-2002 order, including amendment of subsections (a), (b) and (b)(5) and amendment of Note, transmitted to OAL 12-24-2002 and filed 2-3-2003 (Register 2003, No. 6).

7. Amendment of 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.

8. Amendment of 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.

9. Amendment of 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.

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

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

12. Amendment of subsection (b)(3), new subsection (b)(4), subsection renumbering and amendment of Note filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). 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.

Note

Note: Authority cited: Sections 25141, 25141.5, 25150, 25150.6, 25201, 25214.9, 25214.10.2 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code.