§ 66273.9. Definitions.

When used in this chapter, the terms listed in this section have the meanings given below. Unless otherwise specified, listed terms that cross-reference the definitions of other listed terms refer to the definitions set forth in this section for those other terms. Terms that are also defined in chapter 10 of this division are duplicated here solely for convenience of the regulated community. Terms used in this chapter that are not defined in this section but are defined in chapter 10 of this division and/or chapter 6.5 of division 20 of the Health and Safety Code have the meanings given in those sources.

“Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.

“Battery” means a device consisting of one or more electrically connected electrochemical cells that is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, a cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

“Cathode ray tube” means a vacuum tube or picture tube used to convert an electrical signal into a visual image.

“Class II landfill” - means a waste management unit at which waste is discarded in or on land for disposal, and is regulated as a permitted class II landfill pursuant to section 20250 of title 27 of the California Code of Regulations. A class II landfill does not mean surface impoundment, waste pile, land treatment or soil amendments.

“Class III landfill - means a waste management unit at which waste is discarded in or on land for disposal, and is regulated as a permitted class III landfill pursuant to section 20260 of title 27 of the California Code of Regulations. A class III landfill does not mean surface impoundment, waste pile, land treatment or soil amendments.

“Closure” means the act of closing a universal waste handler's facility pursuant to the requirements of article 7 of this chapter.

“Conditionally exempt small quantity universal waste generator” means a generator of universal waste who:

(a) generates no more than 100 kilograms (220 pounds) of RCRA hazardous wastes, including universal wastes that are RCRA hazardous wastes, and no more than 1 kilogram (2.2 pounds) of acutely hazardous waste in any calendar month; and

(b) remains in compliance with 40 CFR section 261.5.

“CESQUWG” see “Conditionally exempt small quantity universal waste generator.”

“CRT” see “Cathode ray tube.”

“CRT device” means any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers and oscilloscopes.

“CRT funnel glass” means any glass separated from CRT panel glass derived from the treatment of one or more CRTs. CRT funnel glass consists of the neck and funnel section of a CRT, including the frit.

“CRT glass” means any glass released or derived from the treatment or breakage of one or more CRTs or CRT devices. CRT glass includes CRT funnel glass and CRT panel glass.

“CRT panel glass” means any glass separated from CRT funnel glass derived from the treatment of one or more CRTs. CRT panel glass consists only of the face plate of a CRT containing a phosphor viewing surface. CRT panel glass does not include the frit.

“Current closure cost estimate” means the most recent of the estimates prepared in accordance with article 7 of this chapter.

“Dental amalgam” means dental amalgam chunks, dental amalgam fines, mixtures containing dental amalgam fines, single-use dental amalgam traps that contain dental amalgam, dental amalgam sludge, vacuum pump filters that contain dental amalgam, and extracted teeth with amalgam restorations.

“Destination facility” means a facility that treats, disposes of, or recycles a particular category of universal waste pursuant to section 66273.60. A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste.

“Dilators and weighted tubing” means mercury-containing dilators and weighted tubing used in medical procedures. “Dilators and weighted tubing” include, but are not limited to, bougie tubes, Canter tubes, and Miller-Abbot tubes.

“Electronic device” means any electronic device that is identified as hazardous waste because it either exhibits the characteristic of toxicity as specified in article 3 of chapter 11 of this division, and/or is a listed hazardous waste as specified in article 4.1 of chapter 11 of this division. Examples of electronic devices include: computer monitors, televisions, cash registers and oscilloscopes (CRT devices), computers, computer peripherals, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, and some appliances. Electronic device does not mean a major appliance, as defined in Public Resources Code section 42166, or other devices which are comprised largely of metals, qualify as “scrap metal” as defined in section 66260.10, and are recycled.

“Flame sensor” means a device, usually found in a gas-fired appliance, that uses the expansion and contraction of liquid mercury contained in a probe to open and shut a valve.

“Foreign Destination” means the ultimate recycling, treatment or disposal facility in a receiving country to which universal waste will be sent.

“Frit” means a mixture of chemical solvent and powdered glass that joins the CRT funnel glass to the CRT panel glass.

“Gas flow regulator” means a piece of mercury-containing equipment used to regulate the flow of gas through a gas meter.

“Gauge” see “Pressure or vacuum gauge.”

“Generator” means:

(a) Any person, by site, whose act or process produces hazardous waste identified or listed in chapter 11 of this division or whose act first causes a hazardous waste to become subject to regulation.

(b) Any person, by site, whose act or process produces universal waste or whose act first causes a universal waste to become subject to regulation.

“Handler of universal waste” see “Universal waste handler.”

“Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. For the purposes of this section, household does not mean a hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility.

“Intermediate Facility” means a facility that manages CRTs and/or CRT glass pursuant to article 3 of this chapter or 40 Code of Federal Regulations section 261.4(a)(22), or as a destination facility or at a foreign destination.

“Lamp” means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

“Management” means the handling, storage, transportation, processing, treatment, recovery, recycling, transfer and disposal of hazardous waste (including universal waste).

“Mercury-added lamp” means a lamp to which elemental mercury has been added as an essential part of the manufacturing process used to create that lamp. Examples of common mercury-added lamps include, but are not limited to, fluorescent lamps and mercury vapor lamps.

“Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. A “mercury-added novelty” includes, but is not limited to, any item intended for use as a practical joke, figurine, adornment, toy, game, card, ornament, yard statue or figure, candle, jewelry, holiday decoration, and item of apparel, including footwear.

“Mercury-containing equipment” means a thermostat, mercury switch, thermometer, dental amalgam, pressure or vacuum gauge, mercury-added novelty, mercury counterweight and damper, dilator and weighted tubing, mercury-containing rubber flooring, and gas flow regulator.

“Mercury-containing motor vehicle light switch” means any light switch found in the hood or in the trunk lid of a motor vehicle, if the light switch contains mercury.

“Mercury-containing motor vehicle switch” means any motor vehicle switch that contains mercury including, but not limited to, a mercury-containing motor vehicle light switch.

“Mercury-containing rubber flooring” means any rubber flooring material formulated with intentionally added mercury.

“Mercury counterweights and dampers” means enclosed devices that use liquid mercury for weight or dampening; “mercury counterweights and dampers” includes, but is not limited to, a mercury bow stabilizer used in archery, a mercury recoil suppressor used in shooting, and a mercury counterweight used in a clock.

“Mercury gas flow regulator” see “Gas flow regulator.”

“Mercury switch” means an electrical switch that employs mercury to make an electrical contact. “Mercury switch” includes, but is not limited to, the following mercury-containing switches: mercury-containing motor vehicle switches, tilt switches, vibration-sensing switches, off-balance switches, float switches, silent light switches, and relays.

“Mercury thermometer” see “Thermometer.”

“Non-automotive mercury switch” means any mercury switch other than a mercury-containing motor vehicle switch.

“Offsite” means any site which is not onsite.

“Onsite” means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, are also considered onsite property.

“Pressure or vacuum gauge” means any device in which pressure or vacuum is measured using the height of a column of liquid mercury. “Pressure or vacuum gauge” includes, but is not limited to, barometers, manometers, and sphygmomanometers.

“Producer” see “Generator.”

“Scrap metal” means (a) any one or more of the following, except as provided in subsection (b) of this section:

(1) manufactured, solid metal objects and products;

(2) metal workings, including cuttings, trimmings, stampings, grindings, shavings and sandings;

(3) solid metal residues of metal production; or

(4) printed circuit boards that are recycled [except for printed circuit boards referenced in subsec. (b)(7) of this section].

(b) “Scrap metal” excludes all of the following:

(1) lead-acid storage batteries, waste elemental mercury, and water-reactive metals such as sodium, potassium and lithium;

(2) magnesium borings, trimmings, grindings, shavings and sandings and any other forms capable of producing independent combustion;

(3) beryllium borings, trimmings, grindings, shavings, sandings and any other forms capable of producing adverse health effects or environmental harm in the opinion of the Department;

(4) any metal contaminated with a hazardous waste, such that the contaminated metal exhibits any characteristic of a hazardous waste under article 3 of chapter 11 of this division;

(5) any metal contaminated with an oil that is a hazardous waste and that is free-flowing;

(6) sludges, fine powders, semi-solids and liquid solutions that are hazardous wastes; and

(7) Any printed circuit board that has been removed from a universal waste electronic device by a universal waste handler as a result of the handler's conduct of activities authorized by sections 66273.71, 66273.72, and/or 66273.73 of chapter 23 of this division and is subject to management as a hazardous waste pursuant to sections 66273.71, 66273.72 and/or 66273.73.

“Thermometer” means any thermometer that uses the expansion and contraction of a column of mercury to measure temperature.

“Thermostat” means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of section 66273.33(c)(5).

“Treatment” or “treat” or “treating” means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or removes or reduces its harmful properties or characteristics for any purpose including, but not limited to, energy recovery, material recovery or reduction in volume.

“Universal waste” means any of the wastes that are listed in section 66261.9.

“Universal waste dental amalgam” see “Dental amalgam.”

“Universal waste dilators and weighted tubing” see “Dilators and weighted tubing.”

“Universal waste gas flow regulator” see “Gas flow regulator.”

“Universal waste gauge” see “Pressure or vacuum gauge.”

“Universal waste handler”:

(a) Means:

(1) A generator (as defined in section 66260.10 and this section) of universal waste; or

(2) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination; or

(3) The owner or operator of a facility who is authorized to treat universal waste pursuant to article 7 of this chapter.

(b) Does not mean:

(1) A person who treats or recycles (except as allowed/authorized in this chapter), or disposes of, universal waste; or

(2) A person engaged in the offsite transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility; or

(3) The owner or operator of a destination facility.

“Universal waste lamp” see “Lamp.”

“Universal waste mercury counterweights and dampers” see “Mercury counterweights and dampers.”

“Universal waste mercury switch” see “Mercury switch.”

“Universal waste rubber flooring” see “Mercury-containing rubber flooring.”

“Universal waste thermometer” see “Thermometer.”

“Universal waste transfer facility” means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

“Universal waste transporter” means a person engaged in the offsite transportation of universal waste by air, rail, highway, or water.

“Universal waste treatment unit” means a contiguous area of a universal waste handler's facility on or in which universal waste is managed pursuant to section 66273.73, subsection (a)(2) or section 66273.73, subsection (b). Examples of universal waste treatment units include a disassembly or removal area, a shredder and associated equipment, a glass crusher, an accumulation area, or a container staging or storage area. A container alone does not constitute a universal waste treatment unit. A universal waste treatment unit includes containers and the land or pad upon which they are placed.

“Waste management unit” means an area of land, or a portion of a waste management facility, at which waste is discharged. The term includes containment features and ancillary features for precipitation and drainage control and monitoring.

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 section 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.

3. New section 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.

4. New section 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.

5. New section 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.

6. Amendment 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 section 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.

8. Amendment 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 definition of “Conditionally exempt small quantity universal waste generator,” transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).

10. Amendment 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 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 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 and Note, transmitted to OAL 12-24-2002 and filed 2-3-2003 (Register 2003, No. 6).

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

15. Amendment of 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.

16. Amendment of 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.

17. Amendment of 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.

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.)

20. New definitions of “Class II Landfill,” “Class III Landfill,” “CRT funnel glass,” “CRT panel glass,” “Frit,” “Intermediate Facility” and “Waste management unit,” amendment of definition of “CRT glass” 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, 25214.6, 25150.6, 25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Sections 261.4, 261.5 and 273.9.