§ 67450.42. Eligible Wastes and Waste Management Restrictions.

(a) The following hazardous wastes are eligible for management by SHWCCAFs operating pursuant to section 67450.44:

(1) Non-RCRA hazardous waste as defined in section 66261.101; and

(2) RCRA hazardous waste as defined in section 66261.100 if transportation and management of that waste at the SHWCCAF is exempt from, or is not otherwise regulated pursuant to, the federal act.

(b) Notwithstanding paragraph (a), the following hazardous wastes or management activities are prohibited from authorization under permit by rule pursuant to this article:

(1) Treatment of hazardous waste at the SHWCCAF;

(2) Acceptance at the SHWCCAF of hazardous wastes that exhibit the characteristic of reactivity pursuant to section 66261.23 (including, but not limited to, shock-sensitive or explosive chemical wastes).

(3) Acceptance at the SHWCCAF of hazardous wastes not generated by the routine operation or maintenance of a contributing K-12 school (such as non-routine demolition, construction, or renovation wastes); and

(4) Uncontained storage, storage in waste piles and surface impoundments, and land disposal of hazardous waste at the SHWCCAF.

(c) Except as provided in subsection (d), hazardous wastes generated from school science laboratories, including chemistry, physics, and biology classes, may be managed at a SHWCCAF only if all of the following conditions are met:

(1) At contributing schools:

(A) Science laboratory hazardous wastes, except laboratory specimens preserved in formalin and formaldehyde solutions, are lab packed in accordance with the requirements of section 66264.316 prior to transport to prevent reactions with the contained waste and ensure that incompatible wastes are not placed within the same outer container.

(B) Lab packs containing science laboratory hazardous wastes are marked with the types and volumes of wastes contained in the lab pack and the lab packs are not reopened during transportation to the SHWCCAF.

(2) At the SHWCCAF:

(A) Reopened lab packs containing science laboratory hazardous wastes are repackaged in accordance with the requirements of section 66264.316 to prevent reactions with the contained waste and ensure that incompatible wastes are not placed within the same outer container.

(B) Repackaged lab packs containing science laboratory hazardous wastes are marked with the types and volumes of wastes contained in the lab pack and the lab packs are not reopened during transportation to authorized recycling or disposal facilities.

(C) All lab pack reopening/repackaging shall be conducted within an appropriate spill containment system.

(D) Only the outer lab pack may be reopened/repackaged. Reopening or repackaging of the sealed primary container in which the waste was received is prohibited, unless a waste is eligible for consolidation according to subsection (d), or the primary container is damaged or leaking.

(E) Leaking or damaged lab packs and primary waste containers shall be immediately managed in accordance with the contingency plan and spill response and cleanup procedures required by section 67450.44.

(F) Personnel reopening or repackaging lab packs at the SHWCCAF are trained and work practices are managed in accordance with applicable requirements of the Occupational Safety and Health Administration, California Code of Regulations, title 8, sections 3380 and 5192.

(3) Personnel handling the laboratory hazardous wastes at the contributing school, in transit to the SHWCCAF, or at the SHWCCAF are trained in hazardous waste management and transport in accordance with sections 66265.16 and 67450.47.

(d) Only the following hazardous wastes may be consolidated with wastes of the same type into a single container at a SHWCCAF. Consolidation of these wastes shall be conducted only at the SHWCCAF and not during transport to the SHWCCAF. Each waste or wastestream listed shall be consolidated only with wastes or wastestreams of the same type.

(1) Duplicating fluid;

(2) Compatible formalin or formaldehyde solutions (that meet the conditions of subsection (c) above if generated in association with a school science laboratory);

(3) Compatible laboratory specimens (that meet the conditions of subsection (c) above if generated in association with a school science laboratory);

(4) Compatible solvents;

(5) Water-based or latex paints;

(6) Oil-based paints;

(7) Antifreeze;

(8) Gasoline;

(9) Used oil;

(10) Compatible organic resins, including, but not limited to, roofing tar, caulking and patching compounds, and adhesives; and

(11) Photoimaging solutions that are hazardous wastes solely due to the presence of silver.

(e) A SHWCCAF shall be established only at an offsite, non-schoolyard location where operation of the SHWCCAF is consistent with local land use zoning or land use patterns (e.g., a school district corporation yard).

(f) Wastes shall be accepted at the SHWCCAF only when personnel designated by the SHWCCAF owner or operator are present to accept and sign for the waste.

HISTORY

1. New section filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).

2. Amendment of subsections (c)(1)-(3) and amendment of Note filed 9-23-2003; operative 9-23-2003 pursuant to Government Codes section 11343.4 (Register 2003, No. 39).

Note

Note: Authority cited: Sections 25150 and 25200, Health and Safety Code. Reference: Sections 25150 and 25200, Health and Safety Code.