§ 67386.2. Applicability.

(a) The alternative management standards of this chapter apply only to wood waste that meets all of the following:

(1) is a hazardous waste pursuant to chapter 11 of this division;

(2) is a hazardous waste solely due to the presence of a preservative in or on the wood that is registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use as a wood preservative; and

(3) is not subject to regulation as a hazardous waste under the federal Resource Conservation and Recovery Act (RCRA).

(b) The alternative management standards of this chapter do not apply to wood waste exempted from hazardous waste management standards pursuant to Health and Safety Code section 25143.1.5.

(c) The following wood wastes are not eligible for the alternative management standards of this chapter:

(1) wood waste that is hazardous due to the presence of coatings, paint, or other treatments that are not registered in accordance with FIFRA for use as a wood preservative; or

(2) wood waste when designated to be burned.

HISTORY

1. New section filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency language will be repealed by operation of law on the following day.

2. Editorial correction of History 1 (Register 2007, No. 17).

3. New section refiled 4-23-2007 as an emergency; operative 4-30-2007 (Register 2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2007 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section heading, repealer and new section and amendment of Note filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 25).

Note

Note: Authority cited: Sections 25150, 25150.7 and 58012, Health and Safety Code. Reference: Sections 25143.1.5, 25150.7 and 25150.8, Health and Safety Code.