reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.10.

25159.10. The Legislature hereby finds and declares all of the following:
(a)  Specific state laws and regulations have been enacted to prevent leaks and hazardous waste discharges to land, such as those from underground storage tanks, surface impoundments, pits, ponds, or lagoons.
(b)  The present federal law which regulates the discharge of hazardous waste to land in injection wells is inadequate to fully protect California’s water supplies from contamination. As a result, underground injection of hazardous waste presents a serious short-term and long-term threat to the quality of waters in the state.
(c)  State-of-the-art design and operation safeguards of injection wells without adequate groundwater monitoring, specific geological information, and other system safeguards cannot guarantee that migration of hazardous wastes into underground sources of drinking water will not occur.
(d)  Monitoring requirements specified in federal law are not adequate to detect all leaks from injection wells and there are no requirements in federal law for monitoring the movement of wastes in the substrata to ensure that wastes have not escaped the injection zone or are not reacting with, or have not breached the confining strata.
(e)  Injecting wastes into wells deep in the geological substrata is an unproven method for the containment of wastes because, among other things, hazardous wastes can react with geological substrata, rendering these containment barriers ineffective, pressure of the injected wastes can breach containment layers, and active or abandoned wells in the vicinity of waste injection can serve as a conduit for the wastes to migrate to drinking water supplies.
(f)  Restoring contaminated groundwater to its original state after the fact and removal or cleanup of wastes once injected to these depths are formidable tasks which are not typically economically feasible.
(g)  It is in the public interest to establish a continuing program for the purpose of preventing contamination from underground injection of waste. It is the intent of the Legislature to prohibit any injection of hazardous wastes into or above drinking water in the state, and to prohibit any injection of hazardous waste below drinking water in the state which is not properly permitted and monitored so as to prevent hazardous wastes from migrating to drinking water or otherwise endangering the environment of the state.
(h)  It is the intent of the Legislature that the Legislature will provide a process for the public and industry to appeal the actions or inactions of the department under this article. However, the specific process cannot be developed until the Legislature determines the general organization of the department with regard to administration of hazardous waste management programs.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.11.

25159.11. This article shall be known and may be cited as the Toxic Injection Well Control Act of 1985.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.19.

25159.19. (a) On or before July 1, 1986, the department shall, by emergency regulation, adopt a fee schedule that assesses a fee upon any person discharging any hazardous wastes into an injection well. The department shall include in this fee schedule the fees charged for filing a hazardous waste injection statement specified in former Section 25159.13, as added by Chapter 1591 of the Statutes of 1985, the report specified in Section 25159.18, and applications for, and renewals of, the exemptions specified in Section 25159.15. The department shall also include provisions in the fee schedule for assessing a penalty pursuant to subdivision (c). These fees shall be based on the reasonable anticipated costs that will be incurred by the department to implement and administer this article. The department may also request an appropriation to be used in combination with these fees to perform the monitoring, inspections, review of reports, or any other implementation and administrative actions required by this article.
(b) The emergency regulations that set the fee schedule shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department.
(c) The department shall send a notice to each person subject to the fee specified in subdivision (a). If a person fails to pay the fee within 60 days after receipt of this notice, the department shall require the person to pay an additional penalty fee. The department shall set the penalty fee at not more than 100 percent of the assessed fee, but in an amount sufficient to deter future noncompliance, as based upon that person’s past history of compliance and ability to pay, and upon additional expenses incurred by this noncompliance.
(d) The department shall collect and deposit the fees and penalties collected pursuant to this section in the Hazardous Waste Injection Well Account, which is hereby created in the General Fund. The money within the Hazardous Waste Injection Well Account is available, upon appropriation by the Legislature, to the department for purposes of administering this article.
(e) This section applies only to injection wells into which hazardous waste is discharged.
(Amended by Stats. 2004, Ch. 193, Sec. 96. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.20.

25159.20. (a)  The department shall specify, for purposes of paragraph (4) of Section 25200.6, the horizontal and vertical extent of any injection zone for an injection well. The department shall cite specific information presented in the report prepared pursuant to Section 25159.18 as the basis for specifying the extent of the injection zone and shall make a finding as to whether the injection wells’ hydrogeological and operating conditions ensure that there is no potential for any migration of any hazardous waste constituents to any strata or waters of the state outside the injection zone.
(b)  This section applies only to injection wells into which hazardous waste is discharged.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.21.

25159.21. (a)  The state board, a regional board, or the department may enter and inspect a facility for determining compliance with this article, including, for this purpose, inspecting, at a reasonable time, records, files, papers, processes, and controls.
(b)  Nothing in this article shall prevent the department from enforcing existing permit conditions for the land disposal of hazardous wastes that are more stringent than the restrictions of this article or prohibit the department, the state board, or the regional boards from imposing more stringent restrictions on the discharge of hazardous wastes at any particular hazardous waste disposal facility.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.22.

25159.22. This article shall not be construed to limit or abridge the powers and duties granted to the department pursuant to this chapter or pursuant to Part 2 (commencing with Section 78000) of Division 45 or to the state board or any regional board pursuant to Division 7 (commencing with Section 13000) of the Water Code, to the Division of Oil and Gas pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code, or the authority of any city, county, or district to act pursuant to the local agency’s ordinances or regulations.
(Amended by Stats. 2022, Ch. 258, Sec. 41. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.23.

25159.23. The State Oil and Gas Supervisor shall promptly report to the department and the state board any injection well regulated by the Division of Oil and Gas pursuant to Subpart F of Part 147 of Title 40 of the Code of Federal Regulations that is not in compliance with these regulations because fluids not authorized by these regulations are discharged into the well.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.24.

25159.24. (a)  Any injection well used to inject contaminated groundwater that has been treated and is being reinjected into the same formation from which it was drawn for the purpose of improving the quality of the groundwater in the formation is exempt from this article if this method is part of a remedial program initiated in response to an order, requirement, or other action of a federal or state agency.
(b)  Any injection well used for the reinjection of geothermal resources, as defined in Section 6903 of the Public Resources Code, is exempt from this article if the well is in compliance with Chapter 4 (commencing with Section 3700) of Division 3 of the Public Resources Code.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 5.6 - The Toxic Injection Well Control Act of 1985 › Section 25159.25.

25159.25. Any action taken by the department pursuant to this article shall comply with and incorporate any waste discharge requirements issued by the state board or a regional board, and the action shall be consistent with all applicable water quality control plans adopted pursuant to Section 13170 of the Water Code and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code and with the state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code, and any amendments made to these plans, policies, or requirements. The department may also include any more stringent requirement which the department determines is necessary or appropriate to protect water quality.
(Added by Stats. 1985, Ch. 1591, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25160.01.

25160.01. (a) Electronic manifests that are obtained, completed, and transmitted in accordance with paragraph (3) of subdivision (a) of Section 262.20 of Title 40 of the Code of Federal Regulations, and used in lieu of United States Environmental Protection Agency Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in this chapter to obtain, complete, sign, provide, use, or retain a manifest.
(b) Electronic manifest signatures under this chapter shall meet the criteria described in Section 262.25 of Title 40 of the Code of Federal Regulations.
(c) (1) A generator, transporter, owner, or operator using the electronic manifest format may be assessed a user fee by the United States Environmental Protection Agency for the origination or processing of each electronic manifest. An owner or operator may also be assessed a user fee by the United States Environmental Protection Agency for the collection and processing of paper manifest copies that owners or operators submit to the electronic manifest system operator under clause (v) of paragraph (2) of subdivision (a) of Section 264.71 of, or clause (v) of paragraph (2) of subdivision (a) of Section 265.71 of, Title 40 of the Code of Federal Regulations.
(2) The fees described in paragraph (1) are maintained and updated from time to time by the United States Environmental Protection Agency, based on current and projected system costs and level of use of the electronic manifest system, and will be published as an appendix to Part 262 of Title 40 of the Code of Federal Regulations.
(Added by Stats. 2019, Ch. 133, Sec. 3. (AB 1597) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25160.5.

25160.5. (a) If a generator submits an incomplete or improperly completed copy of a paper manifest to the department, and the department returns the generator copy of the paper manifest to the person who submitted the manifest, the person to whom it was returned shall, within 30 days from the date of receipt of the returned manifest, submit a fee of twenty dollars ($20) to the department to accompany the resubmitted manifest.
(b) The department shall deposit the fees collected pursuant to this section into the Hazardous Waste Control Account, for expenditure by the department, upon appropriation by the Legislature.
(Amended by Stats. 2019, Ch. 133, Sec. 7. (AB 1597) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25160.7.

25160.7. An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to that loading, ensure that the driver of the transport vehicle is in possession of the appropriate class of driver’s license and any endorsement required to lawfully operate the transport vehicle with its intended load.
(Added by Stats. 2002, Ch. 610, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25161.

25161. (a)  The department may adopt and enforce those regulations, regarding a uniform program for hazardous waste transportation, that are necessary and appropriate to achieve consistency with the findings made by the Federal Highway Administration and the federal Department of Transportation pursuant to Chapter 51 (commencing with Section 5101) of Title 49 of the United States Code.
(b)  The department shall adopt and enforce all rules and regulations that are necessary and appropriate to accomplish the purposes of Section 25160.
(c)  The department shall develop a data base that tracks all hazardous waste shipped in and out of state for handling, treatment, storage, disposal, or any combination thereof, which includes all of the following information:
(1)  The state or country receiving the waste.
(2)  Month and year of shipment.
(3)  Type of hazardous waste shipped.
(4)  The manner in which the hazardous waste was handled at its final destination, such as incineration, treatment, recycling, land disposal, or a combination thereof.
(d)  The department shall include in the biennial report specified in Section 25178 all of the following information:
(1)  The total volume in tons of hazardous waste generated in the state and shipped offsite for handling, treatment, storage, disposal, or any combination thereof.
(2)  The total volume in tons of hazardous waste generated in the state and shipped in and out of the state for handling, treatment, storage, disposal, or any combination thereof, including all of the following information:
(A)  The state or country receiving the hazardous waste.
(B)  Month and year of shipment.
(C)  Type of hazardous waste shipped.
(D)  The manner in which the hazardous waste was handled at its final destination, such as incineration, treatment, recycling, land disposal, or a combination thereof.
(Amended by Stats. 1997, Ch. 945, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25162.1.

25162.1. A recyclable material that is to be exported to a foreign country is not excluded from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless the requirements of Sections 25143.2 and 25143.9 are met, and the person exporting the material has complied with all of the following requirements:
(a)  The person notifies the department, in writing, four weeks before the initial shipment. This notification may cover export activities extending over a 12-month or lesser period and shall include all of the following information:
(1)  The generator’s name, site address, mailing address, telephone number, Environmental Protection Agency or state identification number, if applicable, contact person, and signature of exporter.
(2)  Each transporter’s name, address, telephone number, Environmental Protection Agency or state identification number, if applicable, name of contact person, mode of transportation, and container type used during transport.
(3)  A description of the material and, if applicable, its United States Department of Transportation proper shipping name, hazard class, and shipping identification number (UN/NA).
(4)  The estimated frequency of shipments and total quantity of material to be exported.
(5)  All points of departure from the state and intended destinations.
(6)  Each receiving facility’s name and address.
(7)  A description of the end use of the material, and the basis for the specific exemption provided in Section 25143.2 which is applicable to the material.
(b)  For each individual shipment, submit to the department, within 90 days of shipment date, a copy of the waybill, shipping paper, or any document which includes all of the following information specific to that shipment:
(1)  Each generator’s name and address.
(2)  Each receiving facility’s name and address.
(3)  The date of shipment.
(4)  The type, quantity, and value of the material.
(Added by Stats. 1991, Ch. 1173, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25163.1.

25163.1. The department shall not adopt any regulations requiring a person hauling hazardous wastes, who is not in the business of hauling hazardous wastes or who is not hauling these wastes as a part of, or incidental to, any business, to obtain the registration specified in subdivision (a) of Section 25163 if that person meets the conditions specified in subdivision (c) of Section 25163.
(Added by Stats. 1983, Ch. 1037, Sec. 3. Effective September 22, 1983.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25165.

25165. (a)  A hazardous waste transporter’s application for original and renewal registration shall be on a form provided by the department. Any application for an original or renewal registration received on or after January 1, 2002, from a transporter that transports, or intends to transport, any waste stream pursuant to the consolidated manifesting procedure specified in subdivision (c) of Section 25160.2, shall include a statement by the transporter notifying the department of that transportation and shall list the specific category or categories of waste streams to be transported using the consolidated manifesting procedure.
(b)  Any application for registration under this section shall be filed with the department.
(c)  Following the procedures specified in subdivision (a) of Section 25186.1, the department may revoke or suspend a transporter’s authorization to operate pursuant to the consolidated manifesting procedure exemption specified in subdivision (c) of Section 25160.2. The department shall base that decision to revoke or suspend an authorization upon either of the following:
(1)  Any factor set forth in Section 25186.
(2)  A finding that the transporter operation will endanger human health, domestic livestock, wildlife, or the environment.
(Amended by Stats. 2001, Ch. 319, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25166.

25166. (a)  A person who is registered as a hazardous waste transporter may voluntarily surrender a registration by submitting a letter signed and dated by the registered hazardous waste transporter indicating that the transporter no longer wishes to transport hazardous waste.
(b)  A person whose registration has expired for a period of more than 90 days shall be considered an applicant for an original registration when the person applies for registration.
(Amended by Stats. 1997, Ch. 870, Sec. 5. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6 - Transportation › Section 25166.5.

25166.5. Notwithstanding any other provision of law, the department may, by regulation, provide for the issuance and renewal of a hazardous waste transporter registration on a two-year basis.
(Amended by Stats. 1997, Ch. 870, Sec. 6. Effective January 1, 1998. Operative July 1, 1998, by Sec. 54 of Ch. 870.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.5 - Hazardous Waste Haulers › Section 25167.1.

25167.1. This article may be cited and shall be known as the Hazardous Waste Haulers Act. It is not the intent of the Legislature in enacting these provisons to preempt or weaken any state or federal law or regulation specifically relating to the handling or transportation of radioactive materials or nuclear waste.
(Added by Stats. 1979, Ch. 1097.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.5 - Hazardous Waste Haulers › Section 25167.2.

25167.2. The Legislature finds and declares that increasing quantities of hazardous waste are being produced in this state and that adequate and reasonable safeguards in handling hazardous wastes, particularly in transporting hazardous wastes to disposal sites, are necessary to protect the public health and environment.
(Added by Stats. 1979, Ch. 1097.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.5 - Hazardous Waste Haulers › Section 25167.3.

25167.3. It is the intent of the Legislature that this article preempt all local regulations and all conflicting state regulations concerning the transportation of hazardous waste, including all inspection, licensing, and registration of trucks, trailers, semitrailers, vacuum tanks, cargo tanks, and containers used to transport all types of hazardous wastes. No state or local agency, including, but not limited to, a chartered city or county, shall adopt or enforce any ordinance or regulation which is inconsistent with the rules and regulations adopted by the Department of Toxic Substances Control, the Department of the California Highway Patrol, or the State Fire Marshal pursuant to this article.
(Amended by Stats. 1996, Ch. 539, Sec. 6. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.5 - Hazardous Waste Haulers › Section 25167.4.

25167.4. For purposes of this article, the following terms have the following meaning:
(a)  “Vehicle” means a truck, trailer, semitrailer, or cargo tank. “Vehicle” does not include a truck tractor unless it is capable of containing a portion of the cargo.
(b)  “Container” means a portable tank, intermediate bulk container, or rolloff bin.
(Amended by Stats. 1997, Ch. 945, Sec. 2. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.5 - Hazardous Waste Haulers › Section 25168.1.

25168.1. The department shall adopt regulations for containers used to transport hazardous waste that are not subject to the federal regulations contained in Title 49 of the Code of Federal Regulations.
(Added by Stats. 1997, Ch. 945, Sec. 3. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.5 - Hazardous Waste Haulers › Section 25169.3.

25169.3. Before hazardous waste is transported from an abandoned site to another disposal site, all of the following conditions shall be met:
(a) The department shall conduct such tests, or cause such tests to be completed by the responsible party, as are necessary to determine the general chemical and mineral composition of hazardous waste that is being transported.
(b) The hazardous waste hauler shall prepare a transportation and safety plan outlining safety features and procedures to be used by the hauler to protect the public during the transportation process.
(c) The department shall review and approve the transportation and safety plan.
(d) The hazardous waste hauler shall, under penalty of perjury, certify that he or she will follow the provisions of the transportation and safety plan.
(e) The department shall issue a certificate to the hazardous waste hauler certifying that the transportation and safety plan has been approved by the department. The person transporting the waste shall have the certificate in his or her possession while transporting the waste. Such certificate shall be shown upon demand to any department official, officer of the California Highway Patrol, or any local health officer.
The term “abandoned site,” as used in this section, means an inactive waste disposal, treatment, or storage facility which cannot, with reasonable effort, be traced to a specific owner; a site whose owner is the subject of an order for relief in bankruptcy, or who has not taken corrective action on or before the date specified in an order issued pursuant to Section 25187; or a location where hazardous waste has been illegally disposed.
(f) The requirements of this section shall not apply when the hazardous waste disposal is the direct result of an accidental spill or the department determines that emergency action is needed to protect the environment or the public health.
(Amended by Stats. 2009, Ch. 500, Sec. 51. (AB 1059) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.6 - Hazardous Waste of Concern and Public Safety Act › Section 25169.5.

25169.5. For purposes of this article, the following definitions shall apply:
(a)  “Background check” means a criminal history background check obtained from fingerprint images submitted by the person or persons identified in the disclosure statement, pursuant to Section 25112.5. The background check shall include any previous name or names of the person submitting the fingerprint images.
(b)  “Hazardous waste of concern” means a hazardous waste listed as a hazardous waste of concern by the department pursuant to Section 25169.6.
(Added by Stats. 2002, Ch. 607, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.6 - Hazardous Waste of Concern and Public Safety Act › Section 25169.6.

25169.6. (a) On or before July 1, 2003, the department shall adopt by regulation, and revise as appropriate, a list of hazardous wastes of concern and, for purposes of subdivision (a) of Section 25169.7, the minimum quantity of the hazardous waste of concern that is required to be reported when missing. The list shall include, at a minimum, any hazardous waste that the department, in consultation with the other agencies described in subdivision (b), determines requires special handling restrictions and requirements, beyond those restrictions and requirements generally applicable to hazardous wastes, because of the potential for a hazardous waste of concern to be intentionally and effectively used to harm the public in a terrorist or other criminal act.
(b)  The department shall develop the list of hazardous wastes of concern and associated reportable quantities, in consultation with other affected local, state, and federal agencies that have technical expertise on the storage, transportation, and potential hazards of those hazardous wastes.
(Added by Stats. 2002, Ch. 607, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.6 - Hazardous Waste of Concern and Public Safety Act › Section 25169.8.

25169.8. (a) On or before July 1, 2003, the department shall adopt emergency regulations to implement this article, with the concurrence of the California Highway Patrol.
(b)  The regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11349.1 of the Government Code, any emergency regulations adopted pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department.
(c)  Except as provided in subdivision (d), in adopting regulations pursuant to this section, the department shall ensure that the regulations are consistent with the Hazardous Materials Transportation Authorization Act of 1994 (Chapter 51 (commencing with Section 5101) of Title 49 of the United States Code, and thereafter amended.
(d)  If the department determines that a requirement imposed pursuant to Section 25169.7 could be preempted by the Hazardous Materials Transportation Authorization Act of 1994 pursuant to Section 5125 of Title 49 of the Code of Federal Regulations, the department shall apply to the Secretary of Transportation for a waiver of preemption pursuant to subsection (e) of Section 5125 of Title 49 of the United States Code.
(Added by Stats. 2002, Ch. 607, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 6.6 - Hazardous Waste of Concern and Public Safety Act › Section 25169.9.

25169.9. (a) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for any person applying for registration as a hazardous waste transporter who will transport hazardous waste of concern and submits a disclosure statement containing the information specified in subdivision (a) of Section 25112.5 pursuant to subdivision (u) of Section 11105 of the Penal Code.
(b) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(Added by Stats. 2023, Ch. 198, Sec. 14. (SB 152) Effective September 13, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25172.6.

25172.6. The department shall enter into contracts or agreements with educational, professional, or trade associations, using a competitive bidding process, to establish specialized training programs with a statewide focus to instruct businesses and other entities on compliance with statutes and regulations governing the handling, disposal, transportation, and storage of hazardous waste.
(Amended by Stats. 1992, Ch. 1344, Sec. 5. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25173.

25173. The department shall establish procedures to ensure that trade secrets used by a person regarding methods of hazardous waste handling and disposal are utilized by the director, the department, or any authorized representative of the department only in connection with the responsibilities of the department pursuant to this chapter and that such trade secrets are not otherwise disseminated by the director, the department, or any authorized representative of the department without the consent of the person. However, any information shall be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information.
“Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.
(Amended by Stats. 1986, Ch. 1187, Sec. 6.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25173.5.

25173.5. (a)  Except as provided in subdivision (b), the legislative body of a city or county may impose and enforce a tax, for general purposes, or may impose a user fee on the operation of an offsite, multiuser hazardous waste facility located within the jurisdiction of the city or county. The tax or the user fee imposed shall not exceed 10 percent of the facility’s annual gross receipts for the treatment, storage, or disposal of hazardous waste at the facility.
If a city or county imposes a tax pursuant to this section, the city or county may use the revenues collected from the tax to fund those activities reasonably necessary for the city or county to carry out its duties related to the operation of the hazardous waste facility upon which the tax is imposed and for support of the city’s or county’s fire and emergency response capabilities and emergency medical services, to the extent the city or county determines that this funding should be given priority.
(b)  A city or county shall not impose a tax or a user fee adopted pursuant to subdivision (a) upon any of the following:
(1)  An existing hazardous waste facility for which a tax is authorized pursuant to Section 25149.5.
(2)  That portion of the gross receipts of the hazardous waste facility that derives from the recycling of hazardous wastes or the treatment of medical wastes or wastes which meets the definition of medical wastes.
(c)  A state agency shall not include the expenditure of revenues received by a city or county pursuant to this section in calculating the level of financial support that a city or county is required to maintain under any other provision of law, including, but not limited to, Section 77204 of the Government Code and Section 16990 of the Welfare and Institutions Code. However, this subdivision does not apply to subdivision (c) of Section 2105 of the Streets and Highways Code.
(Amended by Stats. 1991, Ch. 1073, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25174.8.

25174.8. (a) The fee provided for in Section 25205.5 does not apply to any of the following:
(1) (A) Hazardous wastes that result when a governmental agency, or its contractor, removes or remedies a release of hazardous waste in the state caused by another person.
(B) Notwithstanding subparagraph (A), a person responsible for a release of hazardous waste that has been removed or remedied by a governmental agency, or its contractor, shall pay the fee pursuant to Section 25205.5.
(2) Hazardous wastes generated or disposed of by a public agency operating a household hazardous waste collection facility in the state pursuant to Article 10.8 (commencing with Section 25218), including, but not limited to, hazardous waste received from conditionally exempt small quantity commercial generators authorized pursuant to Section 25218.3.
(3) Hazardous waste disposed of, or submitted for disposal or treatment, that is generated by any person and that is discovered and separated from solid waste as part of a load checking program.
(4) Hazardous waste that is used oil collected from the public and generated by a used oil collection center certified by the Department of Resources Recycling and Recovery pursuant to Section 48660 of the Public Resources Code.
(b) The fee exemptions provided in paragraphs (2) and (4) of subdivision (a) shall continue to apply to the wastes that are eligible for the exemption, even if the waste is transferred, consolidated, or bulked and subsequently included on a manifest along with other nonexempt hazardous wastes.
(c) This section shall become operative on January 1, 2022, and shall apply to the generation and handling fees imposed pursuant to subdivision (a) of Section 25205.5.
(Added by Stats. 2021, Ch. 73, Sec. 32. (SB 158) Effective July 12, 2021. Operative January 1, 2022, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25174.9.

25174.9. The Hazardous Waste Control Account is the successor fund of the Federal Receipts Account that was established pursuant to Section 25174.8, as that section read on January 1, 1999. All assets, liabilities, and surplus of the Federal Receipts Account shall, as of June 30, 1999, be transferred to, and become a part of the Hazardous Waste Control Account, as provided by Section 16346 of the Government Code. All existing appropriations from the Federal Receipts Account, to the extent encumbered, and also those which had been made for particular projects from the Federal Receipts Account, shall continue to be available for the same purposes and periods from the Hazardous Waste Control Account.
(Added by Stats. 1998, Ch. 882, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25177.

25177. The department may report findings and results of an investigation which the department undertakes pertaining to subject matter governed by this chapter, except for trade secrets as provided in Section 25173. The department may distribute such information as it considers necessary for the protection of the public or for the protection of human health, domestic livestock, wildlife, and the environment and to ensure the best use of natural resources. The department may publish reports summarizing or containing any order of the director or any judgment or court order which has been rendered pursuant to this chapter, including the nature of the charge and its disposition.
(Amended by Stats. 1982, Ch. 89, Sec. 22. Effective March 2, 1982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25178.

25178. On or before January 1 of each odd-numbered year, the department shall post on its internet website, at a minimum, all of the following:
(a) The status of the regulatory and program developments required pursuant to legislative mandates.
(b) (1) The status of the hazardous waste facilities permit program that shall include all of the following information:
(A) A description of the final hazardous waste facilities permit applications received.
(B) The number of final hazardous waste facilities permits issued to date.
(C) The number of final hazardous waste facilities permits yet to be issued.
(D) A complete description of the reasons why the final hazardous waste facilities permits yet to be issued have not been issued.
(2) For purposes of paragraph (1), “hazardous waste facility” means a facility that uses a land disposal method, as defined in subdivision (d) of Section 25179.2, and that disposes of wastes regulated as hazardous waste pursuant to the federal act.
(c) The status of the hazardous waste facilities siting program.
(d) The status of the hazardous waste abandoned sites program.
(e) A summary of enforcement actions taken by the department pursuant to this chapter and any other actions relating to hazardous waste management.
(f) Summary data on annual quantities and types of hazardous waste generated, transported, treated, stored, and disposed.
(g) Summary data regarding onsite and offsite disposition of hazardous waste.
(h) Research activity initiated by the department.
(i) Regulatory action by other agencies relating to hazardous waste management.
(j) A revised listing of recyclable materials showing any additions or deletions to the list prepared pursuant to Section 25175 that have occurred since the last report.
(k) Any other data considered pertinent by the department to hazardous waste management.
(l) The information specified in subdivision (c) of Section 25161, paragraph (4) of subdivision (a) of Section 25197.1, and Article 9 (commencing with Section 78575) of Chapter 3 of Part 2 of Division 45.
(m) A status report on the cleanup of the McColl Hazardous Waste Disposal Site in Orange County.
(Amended by Stats. 2022, Ch. 258, Sec. 45. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25178.1.

25178.1. (a) The California Department of Tax and Fee Administration shall provide quarterly reports to the Legislature on the fees collected pursuant to Sections 25205.2 and 25205.5. The reports shall be due on the 15th day of the second month following each quarter.
(b) The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2021, Ch. 73, Sec. 36. (SB 158) Effective July 12, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 7 - Treatment, Recycling, and Disposal Technology › Section 25178.3.

25178.3. (a)  The director shall notify the Republic of Mexico and every state which is contiguous to this state whenever any of the following occurs:
(1)  Any hazardous wastes listed pursuant to Section 25140 is restricted as to land disposal in the state.
(2)  A hazardous waste regulated under the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), is restricted as to land disposal in the state on a more accelerated schedule than that implemented by the Environmental Protection Agency.
(3)  The state takes any other action to restrict wastes as to land disposal, including banning or increasing disposal fees on specific categories of hazardous waste.
(4)  The department or a state or federal agency requires the closure of, or curtailment of operations at, any offsite hazardous waste land disposal facility currently operating pursuant to a grant of interim status issued pursuant to Section 25200.5 or a final permit issued pursuant to Section 25200.
(b)  When providing a notice pursuant to subdivision (a), the director shall send a letter by registered mail to a public official in the Republic of Mexico and in each state who the director determines to have responsibility for hazardous waste regulation. The letter shall include all of the following:
(1)  A description of the action taken in the state and documentation as to why this state felt it necessary to take the action to protect the public health and the environment.
(2)  Specific information on treatment alternatives available to reduce, recycle, treat, or destroy the hazardous wastes affected by the action.
(3)  The availability of the treatment capacity in this state, and the costs of that treatment.
(4)  Information as to how the state or Mexico could develop comparable treatment systems.
(5)  A statement that it is not the intent of the citizens of this state to transfer their hazardous waste problems to the Republic of Mexico or to other states.
(Added by Stats. 1986, Ch. 452, Sec. 1.)