§ 66273.70. Applicability.

(a) Except as otherwise provided in subsections (b), (c), and (d) of this section, a universal waste handler, who treats universal waste, is subject to all applicable requirements of chapters 14, 15, 16, 18, 20, and 22 of this division with respect to the treatment of that universal waste.

(b) Except as otherwise provided in subsection (d) or (e) of this section, a universal waste handler who manages a universal waste and its integral components, or the components specified below that the handler has removed from the universal waste, for purposes of recycling it or its component(s) or for the purpose of disposing CRTs or CRT glass by performing one or more activities listed in one or more of the three categories given in subsection (c) of this section, shall be deemed authorized by the Department to conduct those activities, provided the universal waste handler complies with the applicable requirements of this article in addition to the applicable requirements of subsection (c) of section 66273.33, and to the applicable requirements of subsections (a)(1), (b)(1), and (c)(1) of section 66273.33.5, and to the applicable requirements of article 8 of this chapter. The authorization created by this subsection shall not be deemed to be any of the following:

(1) A permit-by-rule;

(2) A conditional authorization; or

(3) A conditional exemption.

(c) Activities eligible for authorization pursuant to subsection (b) of this section are any of the following:

(1) Removal activities. Removing user-replaceable components from electronic devices, as specified in section 66273.71.

(2) Disassembling/draining activities.

(A) Removing CRTs from electronic devices, as specified in section 66273.72, subsection (b);

(B) Dismantling electronic devices that are not CRT devices and/or removing yokes from CRTs, as specified in section 66273.72, subsection (c);

(C) Removing mercury ampules and/or mercury switches from mercury-containing equipment, as specified in section 66273.72, subsection (d); and/or

(D) Draining liquid mercury from pressure or vacuum gauges, as specified in section 66273.72, subsection (e).

(3) Treatment activities.

(A) Treating electronic devices and/or residual printed circuit boards, as specified in section 66273.73, subsection (a); and/or

(B) Treating CRTs and/or CRT glass, as specified in section 66273.73, subsection (b).

(d) A universal waste handler, who manages universal waste as a consequence of responding to a release in accordance with section 66273.37, is exempt from the otherwise applicable requirements of this article and of chapters 14, 15, 16, 18, 20, and 22 of this division with respect to such treatment of the waste.

(e) This article does not apply to CRT panel glass recycled by being “used in a manner constituting disposal” as described in section 66266.20 of chapter 16 of this division.

HISTORY

1. New article 6 (section 66273.70) and 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 article 6 (section 66273.70) and 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 article 6 (section 66273.70) and 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 article 6 (section 66273.70) and 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 article 6 (section 66273.70) and 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. New article 6 (section 66273.70) and 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.

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

8. Repealer of article 6 (section 66273.70), new article 7 heading and repealer and new section filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

9. Amendment of subsections (a) and (b), new subsection (e) 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, 25201, 25214.6, 25214.9, 25214.10.2, 26219.1 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.