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 11.1 - Institutional Control › Section 25227.

25227. A person shall not engage in any of the following on land that is subject to a recorded land use restriction pursuant to former Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Section 25202.5, 25221, or 79055, unless the person obtains a specific approval in writing from the department for the land use on the land in question:
(a) A new use of the land, other than the use, modification, or expansion of an existing industrial or manufacturing facility or complex on land that is owned by, or held for the beneficial use of, the facility or complex on or before January 1, 1981.
(b) Subdivision of the land, as that term is used in Division 2 (commencing with Section 66410) of Title 7 of the Government Code, except that this subdivision does not prevent the division of a parcel of land so as to divide that portion of the parcel that contains hazardous materials, as defined in subdivision (d) of Section 25260, from other portions of that parcel.
(c) Construction or placement of a building or structure on the land that is intended for use as any of the following, or the new use of an existing structure for the purpose of serving as any of the following:
(1) (A) Except as provided in subparagraph (B), a residence, including a mobilehome or factory built housing constructed or installed for use as permanently occupied human habitation.
(B) The addition of rooms or living space to an existing single-family dwelling or other minor repairs or improvements to residential property that do not change the use of the property, increase the population density, or impair the effectiveness of a response action, shall not constitute construction or placement of a building or structure for purposes of subparagraph (A).
(2) A hospital for humans.
(3) A school for persons under 21 years of age.
(4) A day care center for children.
(5) A permanently occupied human habitation, other than those used for industrial purposes.
(Amended by Stats. 2022, Ch. 258, Sec. 64. (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 11.2 - Management of Treated Wood Waste › Section 25230.

25230. The Legislature finds and declares that this article is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this article does not set a precedent applicable to the management, including disposal, of other hazardous wastes.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.2.

25230.2. (a) The alternative management standards of this article apply only to wood waste that is all of the following:
(1) 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 (7 U.S.C. Sec. 136 et seq.) for use as a wood preservative.
(2) Not subject to regulation as a hazardous waste under the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6926).
(3) Section 25143.1.5 does not apply to the wood waste.
(b) The alternative management standards of this article do not apply to wood waste exempted from hazardous waste management standards pursuant to Section 25143.1.5.
(c) The following wood wastes are not eligible for the alternative managements standards of this article:
(1) Wood waste that is hazardous due to the presence of coatings, paint, or other treatments that are not registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) for use as a wood preservative.
(2) Wood waste when designated to be burned.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.3.

25230.3. (a) Treated wood waste, as described in Section 25230.2, when managed as specified in this article, is exempt from the management requirements for hazardous waste pursuant to this chapter and the management standards in Chapter 12 (commencing with Section 66262.10) to Chapter 20 (commencing with Section 66270.1), inclusive, of Division 4.5 of Title 22 of the California Code of Regulations.
(b) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative management standards specified in this article or with the requirements for the management of hazardous waste pursuant to this chapter.
(c) A person who is in compliance with the standards specified in this article is deemed to be in compliance with the requirements of this chapter for which the standard is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter.
(d) All variances granted by the department before enactment of the bill adding this article governing the management of treated wood waste are inoperative and have no further effect.
(e) Nothing in this article exempts treated wood waste from any other applicable requirements of state or federal law or regulation, or limits the authority of governmental agencies to adopt or enforce additional requirements related to the management of treated wood waste.
(f) This article does not limit the authority or responsibility of the department to adopt regulations under any other law.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.4.

25230.4. (a) Except as authorized by this article, treated wood waste managed in accordance with the alternative management standards of this article, shall not be any of the following:
(1) Burned.
(2) Scavenged.
(3) Commingled with other waste prior to disposal, if previously segregated.
(4) Stored in contact with the ground.
(5) Recycled, with or without treatment, except as provided for in subdivision (c).
(6) Treated except in compliance with Section 25230.10.
(7) Disposed to land except in compliance with Section 25230.11.
(8) Chipped for mulch.
(b) Any label or mark that identifies the wood waste as treated wood waste shall not be intentionally removed, obliterated, defaced, or destroyed prior to disposal in a landfill.
(c) Treated wood waste may be recycled only by reuse if all of the following conditions apply:
(1) Reuse is onsite at the facility at which the treated wood waste was generated.
(2) At the time of reuse, reuse is consistent with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) approved use of the preservative with which the treated wood waste has been treated.
(3) Prior to reuse, the treated wood waste is handled in compliance with all applicable management standards of this article.
(d) Subject to subdivision (c), during reuse, the treated wood waste is not subject to the management standards in Sections 25230.5 through 25230.11.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.5.

25230.5. (a) Treated wood waste generated, accumulated, stored, or transported within California shall be clearly marked and visible for inspection. The person managing the treated wood waste shall ensure that each unit or area designated for accumulation of treated wood waste is labeled. The area designated for accumulation of treated wood waste shall be clearly identified and used solely for the accumulation of treated wood waste.
(b) In order to clearly identify the nature of the waste to the receiving party or any observer, the treated wood waste shall be labeled or marked as follows:
“TREATED WOOD WASTE - Do not burn or scavenge.
Treated Wood Waste Handler Name and Address:
________________________________________________
________________________________________________
Accumulation Date: _________________________”.
(c) The treated wood waste handler shall ensure that labels are maintained in compliance with the requirements of subdivisions (a) and (b) during transport.
(d) Treated wood waste is exempt from the labeling requirements of this section under either of the following conditions:
(1) It is accumulated for a period not to exceed 30 days by a household at the site of generation in compliance with the requirements of Section 25230.6.
(2) It is generated by a household, while being self-transported to an approved treated wood waste facility if the treated wood waste is identified to the treated wood waste facility as treated wood waste.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.7.

25230.7. (a) Except as provided in subdivision (c), a treated wood waste handler is prohibited from sending or taking treated wood waste to a place other than a treated wood waste facility, or a treated wood waste approved landfill.
(b) Prior to sending a shipment of treated wood waste to another treated wood waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.
(c) A treated wood waste handler who initially collects treated wood waste at a remote site may transport that treated wood waste to a consolidation site operated by the generator if all the following conditions are met:
(1) The treated wood waste is transported by the generator, employees of the generator, or by the generator’s agent. For purposes of this paragraph, “agent” means a person hired by a generator for the removal, collection, or transportation of treated wood waste.
(2) A shipping document containing all of the following information accompanies the treated wood waste while in transport:
(A) The quantity, by weight or volume, of treated wood waste being transported.
(B) The location of the remote site where the treated wood waste was initially collected.
(C) The date that the generator first began to accumulate the treated wood waste at the remote site, the date that the shipment leaves the remote site, and the date that the shipment arrives at the consolidation site.
(D) The name, address, and telephone number of the generator, and, if different, the address and telephone number of the consolidation site to which the treated wood waste is being transported.
(E) The name of the individual or individuals who transport the treated wood waste from the remote site to the consolidation site.
(3) The treated wood waste handler shall retain the shipping document described in paragraph (2) of subdivision (c) for at least three years from the date the treated wood waste leaves the treated wood waste consolidation site.
(d) The treated wood waste shall be shipped or transported in a manner that prevents unauthorized access, protects the treated wood waste from precipitation, and prevents loss, dispersion, and leaching of treated wood waste constituents.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.9.

25230.9. (a) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall obtain or maintain an identification number within 30 days of exceeding the weight threshold.
(b) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall send written notification to the department within 30 days of exceeding the 10,000-pound limit. The notification shall include all of the following:
(1) The handler’s name and mailing address.
(2) The generator’s identification number.
(3) The name and business telephone number of the person at the handler’s site who should be contacted regarding treated wood waste management activities.
(4) The address or physical location of the treated wood waste management activities.
(5) The date the handler exceeded the 10,000-pound limit.
(6) A statement indicating that the handler is generating more than 10,000 pounds of treated wood waste per calendar year.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.10.

25230.10. (a) For purposes of this section, “resizing” means minimal cutting, breaking, or sawing, but does not include planing, grinding, drilling, chipping, sanding, shredding, mulching, or other mechanical handling or any other treatment.
(b) Except as provided in subdivisions (c) and (d), treatment, as defined in Section 25123.5, of treated wood waste managed in accordance with the alternative management standards of this article is prohibited.
(c) Resizing is exempt from the permitting requirements of this chapter when resized to facilitate transport or reuse and the following requirements are met:
(1) The treated wood waste is handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment.
(2) If size reduction of the treated wood waste results in sawdust, particles, or other material smaller than one cubic inch, the material is captured and managed as treated wood waste.
(d) Sorting and segregating are both exempt from the hazardous waste permitting requirements of this chapter. The treated wood waste shall be handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment.
(e) An employer resizing, sorting, or segregating treated wood waste shall comply with the employee training requirements of Section 25230.12 for all applicable employees.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.11.

25230.11. (a) Notwithstanding Sections 25189.5 and 25201, when disposed to land, treated wood waste shall be disposed of in either a class I hazardous waste landfill or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste.
(b) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements:
(1) Manage the treated wood waste to prevent scavenging.
(2) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this article, including the prohibitions in Section 25230.3 for handling treated wood waste.
(3) Handle treated wood waste in a manner consistent with all applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste.
(4) (A) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release.
(B) The landfill unit shall notify the department that treated wood waste is no longer being discharged to that landfill unit and when corrective action results in cessation of the release.
(Amended by Stats. 2022, Ch. 28, Sec. 92. (SB 1380) Effective January 1, 2023. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.12.

25230.12. (a) An employer managing treated wood waste shall provide training for all employees handling treated wood waste and all employees that may reasonably be expected to contact treated wood waste. The training shall include all of the following:
(1) All applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste.
(2) Procedures for identifying and segregating treated wood waste.
(3) Safe handling practices.
(4) Requirements of the alternative management standards.
(5) Proper disposal methods.
(b) A record of the training described in subdivision (a) shall be maintained for a period of three years and available for review by the department.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.13.

25230.13. The Legislature intends to continue to work with the department in order to ensure adequate enforcement of and compliance with this article, including estimations for adequate enforcement, when resources are made available for those purposes.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.14.

25230.14. (a) The Legislature intends to continue to evaluate the alternative management standards for treated wood waste, including the potential for longer term solutions that may replace the continuation of the alternative management standards and disposal of treated wood waste in solid waste landfills. The department shall update the Legislature, upon request, regarding the alternative management standards and changes to the treated wood waste program.
(b) The wood preserving industry shall update the department, upon request, on trends within the wood preserving industry regarding the use of treated wood preservatives and the generation of treated wood waste.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.15.

25230.15. (a) The wood preserving industry shall, in consultation with the department, maintain an internet website and prepare fact sheets and other outreach materials on the appropriate handling, disposal, and other management of treated wood waste for generators of treated wood waste and for facilities that may receive or handle treated wood waste. The outreach materials shall include, but not be limited to, information on how to identify treated wood waste compared to other wood wastes, instructions for how to properly handle, store, and dispose of treated wood waste, instructions on the required documentation for treated wood waste disposal, information on the appropriate use of protective equipment for handling treated wood and for field treating, and other information on maintaining compliance with the treated wood waste requirements for generators of treated wood waste and for facilities that may receive or handle treated wood waste pursuant to this article.
(b) The wood preserving industry shall annually update and renew the outreach materials prepared pursuant to subdivision (a), as appropriate.
(c) The wood preserving industry, in consultation with the department, shall disseminate, electronically or by mail, fact sheets and other outreach materials about the proper management and disposal of treated wood waste to generators, transporters, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste, and shall also provide the materials with each shipment of treated wood products to a wholesaler or retailer of treated wood.
(d) The wood preserving industry shall provide an annual update to the department, which shall include, but not be limited to, a list of the names and addresses of the generators, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste that were provided outreach materials in the prior year.
(e) The wood preserving industry shall provide the outreach materials prepared pursuant to subdivision (a) to the Contractors’ State License Board for distribution to contractors, and shall send the outreach materials to fencing, decking, and landscape contractors, by electronic mail or mail, using the Contractors’ State License Board’s available listings and license application packages.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.16.

25230.16. If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5 or subdivision (b) of Section 25230.11, the treated wood waste, upon acceptance by the solid waste landfill, shall thereafter be deemed to be a solid waste, and not a hazardous waste, for purposes of this chapter and Section 40191 of the Public Resources Code.
(Added by renumbering Section 25150.8 by Stats. 2021, Ch. 147, Sec. 1. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.17.

25230.17. No later than July 1, 2028, the department shall provide notification to the Legislature in compliance with Section 9795 of the Government Code if the department is prepared, as determined by the director, to ensure the safe management of treated wood waste in accordance with this chapter if this article is repealed.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.2 - Management of Treated Wood Waste › Section 25230.18.

25230.18. If, as of July 1, 2028, the department has provided the notification pursuant to Section 25230.17, this article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. This article shall remain in effect if, as of July 1, 2028, the department has not provided the notification pursuant to Section 25230.17, unless this article is repealed by another statute.
(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, by its own provisions. Note: Repeal affects Article 11.2, commencing with Section 25230.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.5 - Hazardous Waste Disposal on Public Land › Section 25242.1.

25242.1. It is the intention of the Legislature, in enacting this article, to protect the public health and safety and the environment by requiring all of the following:
(a)  Prompt steps to remedy the unauthorized disposal of hazardous waste on public land be taken as soon as possible.
(b)  Prompt notice be given to the affected public of such an unauthorized disposal of hazardous waste.
(c)   Affording the public an opportunity for input into the manner in which the hazardous waste will be cleaned up or rendered safe.
(Added by renumbering Section 25342.1 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 7. Effective May 20, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.5 - Hazardous Waste Disposal on Public Land › Section 25242.2.

25242.2. Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue all feasible civil and criminal actions against the owner of the land or other party responsible for the disposal of the hazardous waste, who violates this chapter or the regulations adopted pursuant to this chapter.
The owner, lessee, or lessor of any land which is affected by hazardous waste which was disposed on, under, or into the land may recover the costs incurred in complying with this article, in a civil action, from any person who produced the waste or from any other person who was responsible for the disposal of the hazardous waste.
The lessee of any land, who was not responsible for the unauthorized disposal of the hazardous waste upon that land, may also recover the costs incurred in complying with this article from the owner of the land if the person who produced the waste or who was responsible for the disposal of hazardous waste cannot be located or cannot compensate the lessee for these costs.
(Added by renumbering Section 25342.2 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 8. Effective May 20, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.5 - Hazardous Waste Disposal on Public Land › Section 25242.3.

25242.3. If any provision of this article or the application thereof to any person or circumstance is held invalid, this holding shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of the article are severable.
(Added by renumbering Section 24342.3 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 1. Effective May 20, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.

25244. This article shall be known and may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.01.

25244.01. (a) Except as provided in subdivision (b), the department’s duty to implement this article is contingent upon, and limited to, the availability of funding.
(b) Subdivision (a) does not apply to Section 25244.4.
(Added by Stats. 2012, Ch. 39, Sec. 40. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.1.

25244.1. (a)  The Legislature hereby finds and declares that, whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recycled, treated, or disposed of in a manner that minimizes any present or future threats to human health or the environment.
(b)  The Legislature further finds that there exists many promising, but as yet unproven, technologies for the reduced generation of hazardous waste and for recycling and treating hazardous waste.
(c)  The Legislature further finds that financial commitment by public agencies and private industry for the expeditious development and dispersion of hazardous waste reduction, recycling, and treatment technologies depends upon further research as well as credible and timely demonstrations of the feasibility, environmental acceptability, and reliability of this technology.
(d)  It is the intent of the Legislature, in enacting this article, to promote the research, development, and expeditious demonstration of technologies which have the potential to reduce, recycle, and treat hazardous waste. It is further the intent of the Legislature to encourage private sector participation in this program to the greatest extent possible.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.2.

25244.2. For purposes of this article, “hazardous waste reduction, recycling, and treatment technologies” mean technologies and techniques which have, as their primary purpose, the reduced generation of hazardous waste, the recycling of hazardous waste, or the conversion of hazardous waste into a less hazardous form. “Hazardous waste reduction, recycling, and treatment technologies” do not include solidification or treatment occurring directly in, or on, the land, such as techniques using evaporation, surface impoundments, or land farming.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.4.

25244.4. Every generator of hazardous waste shall submit a report to the department, at least once every two years, reporting the changes in volume and toxicity of waste achieved through waste reduction during the period for which the report is issued.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.5.

25244.5. (a)  The department shall establish a Hazardous Waste Technology, Research, Development, and Demonstration Program, which shall consist of all of the following elements:
(1)  Contracting with, and providing grants to, universities, governmental agencies, and private organizations for the research and development of hazardous waste reduction, recycling, or treatment technologies pursuant to Section 25244.10.
(2)  Providing grants, under specified conditions, to cities, counties, and private organizations for the commercial demonstration of hazardous waste reduction, recycling, or treatment technologies pursuant to Section 25244.6.
(3)  Providing grants to local governments for the development of local hazardous waste reduction programs which provide technical assistance, including hazardous waste audits, to generators pursuant to Section 25244.1101.
(b)  (1)  For purposes of this subdivision, “commercially successful technology” means a hazardous waste reduction, recycling, or treatment technology which is proven to be profitable, as determined by the department.
(2)  The department shall require any university, governmental agency, or private organization which receives a grant pursuant to paragraph (1) or (2) of subdivision (a) to agree to repay the department for the amount of the grant, if the grant results in the development of a commercially successful technology, and to additionally pay the department a percentage of any royalties derived from that technology, as negotiated between the department and the grant recipient.
(3)  The department shall deposit any repayments or royalties received by the department pursuant to this subdivision in the Hazardous Waste Control Account, and those funds may be expended by the department, upon appropriation by the Legislature, to carry out this article.
(Amended by Stats. 1993, Ch. 412, Sec. 4. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.6.

25244.6. The department, in consultation with the State Water Resources Control Board, the State Air Resources Board, and the California Waste Management Board, shall do all of the following:
(a)  Implement a program to research, develop, and demonstrate hazardous waste reduction, recycling, and treatment technologies at appropriate locations throughout the state.
(b)  On or before January 1, 1987, and, in consultation with industry and interested parties, adopt criteria for selecting projects which would receive grants to pay for the construction of equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The criteria shall include provisions which require that, in assessing each project, the department consider the feasibility of the project’s particular technology, the research and technical spinoffs likely to be generated by the project, the degree to which the findings of the projects can be disseminated and evaluated for replication elsewhere, and the consistency of, and contributions of, the project to the state’s hazardous waste management program.
(c)  Using the criteria adopted pursuant to subdivision (b), select projects to receive grants to construct equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. A grant issued by the department pursuant to this section is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code, or Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. The department shall select projects which also meet at least one of the following requirements:
(1)  The project has onsite, as well as offsite potential, for the reduction, recycling, or treatment of hazardous waste.
(2)  The project has the potential to benefit, or be utilized by, small businesses.
(3)  The project is applicable to a range of industries.
(Amended by Stats. 1987, Ch. 914, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.7.

25244.7. Consistent with Article VII of the California Constitution, the department may contract for services to be performed to carry out this article, including, but not limited to, environmental control assessment, feasibility analysis, the review of project design, field management responsibilities, and project scheduling and control.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.8.

25244.8. Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to projects selected pursuant to Section 25244.6 in four consecutive steps:
(a)  Step I grants shall be made to study the feasibility of a proposed project. Ninety percent of the costs of the feasibility study shall be eligible for grant funding up to a maximum of twenty-five thousand dollars ($25,000) per grant. In activities funded by a step I grant, the applicant shall develop information needed to select the waste reduction, recycling, or treatment alternative, which would be most cost-effective.
(b)  Step II grants shall be made for project design. Seventy percent of the costs of the design of the project shall be eligible for grant funding, except that a small business may be eligible for 90 percent of those costs, up to a maximum of fifty thousand dollars ($50,000) per grant. In activities funded by a step II grant, the applicant shall prepare detailed plans and specifications for the selected facilities, establish schedules for implementation, and obtain necessary permits.
(c)  Step III grants shall be made for the construction of the facilities. Fifty percent of the costs of constructing the project shall be eligible for grant funding, except that a small business may be eligible for 80 percent of those costs, up to a maximum of four hundred thousand dollars ($400,000) per grant. As a condition of receiving a step III grant, the grantee shall allow the results of the project to be evaluated and the information disseminated to other parties. In activities funded by a step III grant, the applicant shall construct the facilities as designed under a step II grant, procure needed equipment, and obtain necessary permits to operate the facility.
(d)  Step IV grants shall be made to evaluate the effectiveness of grant-funded facilities, develop information on compliance with regulatory permits, and assess applicability of the selected approach to other generators of similar hazardous wastes. Ninety percent of the costs of those activities shall be eligible for grant funding, except that a small business may be eligible for 100 percent of those costs, up to a maximum of one hundred thousand dollars ($100,000) per grant.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.9.

25244.9. The department shall compile the results of all evaluations of projects funded by step IV grants, as specified in subdivision (d) of Section 25244.8, or the evaluations of any other project which are available to the department, and shall make them available to interested parties as expeditiously as possible. The department shall notify any interested party of the availability of project evaluations.
(Added by Stats. 1985, Ch. 1030, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.8 - Hazardous Waste Reduction, Recycling, and Treatment › Section 25244.10.

25244.10. The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling, or treatment technology. These grants may be applied to personnel, equipment, and administrative costs and shall, to the extent possible, be used to augment other sources of research and development funding, including federal and private funds. Any grant issued by the department pursuant to this section is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code, but a contract entered into pursuant to this section is subject to all applicable state laws governing contracts.
(Amended by Stats. 1987, Ch. 914, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.9 - Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act › Section 25244.12.

25244.12. This article shall be known and may be cited as the Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act.
(Amended by Stats. 2012, Ch. 39, Sec. 42. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.9 - Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act › Section 25244.13.1.

25244.13.1. (a) The department’s duties to implement this article are contingent upon, and limited to, the availability of funding.
(b) Subdivision (a) does not eliminate a requirement of this article that is imposed upon a generator.
(Added by Stats. 2012, Ch. 39, Sec. 44. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.9 - Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act › Section 25244.15.

25244.15. (a)  This article establishes a program for pollution prevention, including, but not limited to, hazardous waste source reduction.
(b) The department shall coordinate the activities of all state agencies with responsibilities and duties relating to hazardous waste and shall promote coordinated efforts to encourage the reduction of hazardous waste. Coordination between the program and other relevant state agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.
(c) The department shall adopt regulations to carry out the requirements imposed upon generators pursuant to this article.
(d) (1) Except as provided in paragraph (3), Sections 25244.19, 25244.20, and 25244.21 apply only to generators who, by site, routinely generate, through ongoing processes and operations, more than 12,000 kilograms of hazardous waste in a calendar year, or more than 12 kilograms of extremely hazardous waste in a calendar year.
(2) The department shall adopt regulations to establish procedures for exempting generators from the requirements of this article where the department determines that no source reduction opportunities exist for the generator.
(3) Notwithstanding paragraph (1), Sections 25244.19, 25244.20, and 25244.21 do not apply to any generator whose hazardous waste generating activity consists solely of receiving offsite hazardous wastes and generating residuals from the processing of those hazardous wastes.
(Amended by Stats. 2012, Ch. 39, Sec. 46. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 11.9 - Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act › Section 25244.15.1.

25244.15.1. (a) The California Pollution Prevention Advisory Committee is hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an ex officio member.
(2) The Executive Director of the State Water Resources Control Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio member.
(4) The Director of Resources Recycling and Recovery, as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council established pursuant to Section 71017 of the Public Resources Code, as an ex officio member.
(6) The Director of Pesticide Regulation, as an ex officio member.
(7) Ten public members with experience in pollution prevention as appointed by the department. These public members shall include all of the following:
(A) Two representatives of local governments from different regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy organizations.
(G) One representative of a statewide public health advocacy organization.
(8) The department may appoint up to two additional public members with experience in pollution prevention and detailed knowledge of one of the priority categories of businesses selected in accordance with Section 25244.17.1.
(b) The advisory committee shall select one member to serve as chairperson.
(c) The members of the advisory committee shall serve without compensation, but each member, other than officials of the state, upon request, shall be reimbursed for all reasonable expenses incurred in the performance of his or her duties, as authorized by the department.
(d) When convened by the department, the advisory committee shall provide a public forum for discussion and deliberation on matters pertaining to the implementation of this chapter.
(e) The advisory committee’s responsibilities shall include, but not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the preparation of the work plan authorized by Section 25244.22.
(2) Evaluating the performance and progress of the department’s pollution prevention program.
(3) Making recommendations to the department concerning program activities and funding priorities, and legislative changes, if needed.
(4) Making recommendations to the department concerning strategies to more effectively align its pollution prevention program with the goals of the department’s green chemistry program, including the implementation of Article 14 (commencing with Section 25251).
(Amended by Stats. 2012, Ch. 39, Sec. 47. (SB 1018) Effective June 27, 2012.)