§ 66273.8. Exemptions.

(a) Household universal waste generator exemption.

A person who maintains a household, as defined in section 66273.9, and who produces universal waste derived from that household, is a generator, as defined in section 66273.9, of household universal waste. Such a generator is exempt from the requirements of this chapter applicable to a universal waste handler, as defined in section 66273.9, with respect to the management of that generator's household universal waste, provided that:

(1) The generator does not dispose of the universal waste;

(2) The universal waste is relinquished to another universal waste handler, a universal waste transporter (e.g., for curbside collection), a destination facility, or an authorized curbside household hazardous waste collection program;

(3) The generator does not treat the universal waste, except as follows:

(A) The generator treats the universal waste pursuant to one or more of the following provisions of this chapter and complies with subsection (a)(3)(B) of this section:

1. Section 66273.33, subsections (a)(2), (b)(3), (c)(5)(C)1.a., and/or (c)(7) as referenced in section 66273.33, subsections (c)(4)(B)2., (c)(5)(B)2.b., and/or (c)(5)(C)4.b.; and/or

2. Sections: 66273.71, subsection (b); 66273.72, subsections (b)(1), (c)(1), (d)(1), and/or (e)(1).

(B) The generator ensures that all materials produced from treating the universal waste are properly classified and managed in accordance with any applicable requirements of this division.

(b) Conditionally exempt small quantity universal waste generator exemption.

A conditionally exempt small quantity universal waste generator, as defined in section 66273.9, is exempt from the requirements of this chapter applicable to a universal waste handler, as defined in section 66273.9, with respect to the management of that generator's universal waste, provided the conditions set forth in subsections (a)(1) through (a)(3) of this section are met.

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 A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.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. Amendment of section heading and 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.

7. 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.

8. Amendment of section heading and 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.

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

10. Amendment of section heading and 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.

11. Amendment of section heading and 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.

12. Amendment of section heading and 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.

13. Certificate of Compliance as to 11-25-2002 order, including further amendment of section heading and section, transmitted to OAL 12-24-2002 and filed 2-3-2003 (Register 2003, No. 6).

14. Amendment of subsection (c)(1) and new subsections (c)(1)(A)-(C) filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).

15. Amendment of subsections (a)(1) and (a)(4) 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.

16. Amendment of subsections (a)(1) and (a)(4) 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.

17. Amendment of subsections (a)(1) and (a)(4) 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.

18. 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).

19. Editorial correction of History 18 (Register 2009, No. 10.)

Note

Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25219.1 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Sections 261.4, 261.5 and 273.8.