§ 66273.91. Classification of Crts or Crt Glass.

(a) A universal waste handler who applies to the Department for concurrence that CRTs or CRT glass are a recyclable material excluded from regulation as a hazardous waste pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2 shall:

(1) Submit to the Department an application that includes all the following information:

(A) The name and address of the universal waste handler.

(B) The address where the CRTs or CRT glass are generated.

(C) A description of the CRTs or CRT glass which shall include its physical state, hazardous constituents, quantity and rate of generation.

(D) A description of the facility that will use or reuse the CRT or CRT glass including:

1. The process by which the CRTs or CRT glass will be used or reused at the facility, including the equipment used for the process and training records for employees;

2. Information from the facility that shows the CRTs or CRT glass are being used in a production process including the ingredient or product it substitutes; and

3. Data showing a market exists for the CRTs or CRT glass.

(E) Any other information the Department finds relevant during its review of the application to ensure the CRTs or CRT glass meet the conditions in section 25143.2 of Health and Safety Code, including the information in section 25143.2 (f).

(2) Within 30 days after the date of the written notification required by subsection (c) of this section, enter into a written agreement with the Department, pursuant to which the universal waste handler shall reimburse the Department its costs incurred in processing the application, as required by Health and Safety Code section 25205.7.

(b) The Department, within 30 days of receipt of an application for concurrence pursuant to subsection (a) of this section, shall acknowledge in writing receipt of the application.

(c) The Department, within 60 days of receipt of an application for concurrence pursuant to subsection (a) of this section, shall notify the applicant in writing that classification of the CRTs or CRT glass is approved or disapproved or that the application is incomplete or inadequate and what additional information is needed.

(d) If the application is incomplete or inadequate, the Department, within 60 days of receipt of adequate additional information, shall notify the applicant in writing that classification of the CRTs or CRT glass is approved or disapproved.

(e) When the Department has notified the applicant in writing that the application is incomplete or inadequate and what additional information is needed, provide the additional information, or obtain an extension of time pursuant to subsection (f) of this section, within 90 days from the date the information was requested.

(f) If the applicant cannot submit the additional information within the time frame specified in subsection (e) of this section, the applicant shall notify the Department in writing of the reason(s) for the delay and shall specify an additional time frame, up to 90 days, within which the information shall be submitted.

(g) The application will be considered disapproved if the applicant fails to enter into a written agreement with the Department pursuant to subsection (a)(2) of this section or provide the additional information pursuant to subsection (e) or subsection (f) of this section.

(h) If the Department disapproves the application, the Department shall specify in writing the reason(s) for the disapproval.

(i) Upon receipt of written concurrence from the Department, the applicant may manage the CRTs or CRT glass as indicated therein.

(j) If the Department at any time finds that the information submitted or generated for a concurrence pursuant to this section was erroneous because it was based on fraudulently derived information, the Department may notify that person in writing of the deficiencies.

(k) A person, upon receipt of a notice pursuant to subsection (j) of this section shall immediately cease managing the CRTs or CRT glass pursuant to the applicable Health and Safety Code section 25143.2 exclusion and Health and Safety Code sections 25143.9 and 25143.10 and shall manage the CRTs or CRT glass as hazardous waste.

(l) A universal waste handler shall comply with article 10 of this chapter for documents or information that the universal waste handler submits to the Department pursuant to this section and for which the universal waste handler asserts a claim of trade secret protection.

HISTORY

1. New section 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 25143.2, 25150, 25205.7 25214.9, 25214.10.2 and 58012, Health and Safety Code. Reference: Sections 25143.2, 25150, 25159.5, 25205.7 and 25214.9, Health and Safety Code.