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 9.6 - Land Treatment Units › Section 25209.7.

25209.7. (a)  Every owner or operator of a land treatment unit subject to this article shall pay an annual fee to the department which shall be equivalent to 2 percent of the land disposal fee due under Section 25205.4. This fee shall be in addition to the annual hazardous waste facility fee and shall be due at the same time as the facility fee.
(b)  The department may, by regulation, increase or decrease the amount of the fees specified in subdivision (a) if the department finds that the amounts charged do not reflect the cost of providing services under this article.
(Amended by Stats. 1997, Ch. 870, Sec. 33. 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 9.7 - Integrated On-Farm Drainage Management › Section 25209.12.

25209.12. The state board, in consultation, as necessary, with other appropriate state agencies, shall adopt or amend emergency regulations that establish minimum requirements for the design, construction, operation, and closure of a solar evaporator. The regulations shall include, but are not limited to, requirements to ensure all of the following:
(a) The operation of a solar evaporator does not result in a discharge of on-farm agricultural drainage water outside the boundaries of the area of land that makes up the solar evaporator.
(b) (1) The solar evaporator is designed, constructed, and operated so that, under reasonably forseeable operating conditions, the discharge of agricultural water to the solar evaporator does not result in standing water or drift of salt spray, mist, or particles outside the boundaries of the solar evaporator to the extent that drift constitutes a nuisance condition.
(2) Notwithstanding paragraph (1), a solar evaporator may be designed, constructed, and operated to accommodate standing water, if it includes a water catchment basin.
(3) The board may specify those conditions under which a solar evaporator is required to include a water catchment basin to prevent standing water that would otherwise occur within the solar evaporator.
(c) Avian wildlife is adequately protected. In adopting regulations pursuant to this subdivision, the state board shall do the following:
(1) Consider and, to the extent feasible, incorporate best management practices recommended or adopted by the United States Fish and Wildlife Service.
(2) Establish guidelines for the authorized inspection of a solar evaporator by the regional board pursuant to Section 25209.15. The guidelines shall include technical advice developed in consultation with the Department of Fish and Game and the United States Fish and Wildlife Service that may be used by regional board personnel to identify observed conditions relating to the operation of a solar evaporator that indicate an unreasonable threat to avian wildlife.
(d) Constituents in agricultural drainage water discharged to the solar evaporator will not migrate from the solar evaporator into the vadose zone or the waters of the state in concentrations that pollute or threaten to pollute the waters of the state.
(e) Adequate groundwater monitoring and recordkeeping is performed to ensure compliance with this article.
(f) Salt isolated in a solar evaporator shall be managed in accordance with all applicable laws and shall eventually be harvested and sold for commercial purposes, used for beneficial purposes, or stored or disposed in a facility authorized to accept that waste pursuant to this chapter or Division 30 (commencing with Section 40000) of the Public Resources Code.
(Amended by Stats. 2006, Ch. 309, Sec. 2. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9.7 - Integrated On-Farm Drainage Management › Section 25209.14.

25209.14. (a) A person operating a solar evaporator shall submit to the regional board, in April and October of every year, all of the following information:
(1) Bimonthly waterflow data taken immediately prior to discharge to the solar evaporator.
(2) Bimonthly water quality data, as required by the regional board, taken immediately prior to discharge to the solar evaporator.
(3) Semiannual groundwater monitoring data taken from an area in the vicinity of the solar evaporator, as approved by the regional board. Groundwater shall be monitored for salts, selenium, and other elements, as determined by the board, that could adversely affect avian wildlife or beneficial uses of adjacent groundwater.
(b) Notwithstanding subdivision (a), the regional board may do either of the following regarding data collected pursuant to paragraphs (1) and (2) of subdivision (a):
(1) Reduce the data collection schedule two years after data is submitted pursuant to subdivision (a), if the regional board determines that discharge to the solar evaporator has been adequately characterized.
(2) Increase the data collection schedule, if the regional board determines that changes in monitoring results or other changes in the operation of the solar evaporator require more frequent data collection.
(Amended by Stats. 2006, Ch. 309, Sec. 4. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9.7 - Integrated On-Farm Drainage Management › Section 25209.15.

25209.15. (a)  The regional board, consistent with its existing statutory authority, shall inspect any solar evaporator that is authorized to operate pursuant to Section 25209.13 at least once every five years to ensure continued compliance with the requirements of this article. In conducting any inspection, the regional board may request the participation of a qualified state or federal avian biologist in a technical advisory capacity. The regional board shall include in the inspection report conducted pursuant to this section any evidence of adverse impacts on avian wildlife and shall forward the report to the appropriate state and federal agencies.
(b)  If the regional board, as a result of an inspection or review conducted pursuant to this article, determines that a solar evaporator is not in compliance with the requirements of this article, the regional board shall provide written notice to the operator of the solar evaporator of that failure, and shall include in that written notice the reasons for that determination.
(c)  Chapter 5 (commencing with Section 13300) of, and Chapter 5.8 (commencing with Section 13399) of, Division 7 of the Water Code apply to any failure to comply with the requirements of this article and to any action, or failure to act, by the state board or a regional board. The regional board may, consistent with Section 13223 of the Water Code, revoke or modify an authorization to operate issued pursuant to this article.
(Added by Stats. 2002, Ch. 597, 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 9.7 - Integrated On-Farm Drainage Management › Section 25209.16.

25209.16. (a) For the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including Section 11349.6 of the Government Code, the adoption or amendment of the regulations required to be adopted pursuant to this article 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.
(b) 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 or amended by the state board pursuant to this article shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until repealed by the state board.
(Amended by Stats. 2006, Ch. 309, Sec. 5. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9.7 - Integrated On-Farm Drainage Management › Section 25209.17.

25209.17. Any solar evaporator operating under a valid written notice of authority to operate issued by the regional board pursuant to this article, including any facility operating pursuant to Article 9.5 (commencing with Section 25208) prior to January 1, 2003, that the regional board determines is in compliance with the requirements of this article, is not subject to Article 9.5 (commencing with Section 25208) or Sections 13260 or 13263 of the Water Code. Upon determining pursuant to this section that a facility is a solar evaporator in compliance with this article, the regional board shall, as appropriate, revise or rescind any waste discharge requirements or other requirements imposed on the operator of the facility pursuant to Article 9.5 (commencing with Section 25208) or Section 13260 or 13263 of the Water Code.
(Added by Stats. 2002, Ch. 597, 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 9.7 - Integrated On-Farm Drainage Management › Section 25209.18.

25209.18. (a) A person operating a solar evaporator pursuant to a valid notice of authority to operate shall, consistent with subdivision (f) of Section 25209.12, manage the collection and removal of evaporite salt from the solar evaporator as described in the plan prepared pursuant to paragraph (5) of subdivision (a) of Section 25209.13.
(b) If the regional board subsequently determines that accumulated salt needs to be collected and removed from a solar evaporator at a time, or in a manner, that differs from the plan prepared pursuant to paragraph (5) of subdivision (a) of Section 25209.13, the regional board shall notify the operator in writing and describe the reasons for its determination.
(c) An operator of a solar evaporator who receives a notice pursuant to subdivision (b) may appeal the determination of the regional board. The appeal shall include a response, prepared by an independent registered professional civil engineer or agricultural engineer, to the findings in the notice.
(Added by Stats. 2006, Ch. 309, Sec. 6. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9.7 - Integrated On-Farm Drainage Management › Section 25209.19.

25209.19. Within 30 days of an action or failure to act by a regional board pursuant to this article, an aggrieved person may petition the state board to review that action or failure to act. The petition and all other rules and procedures governing the petition shall be the same as in Section 13320 of the Water Code.
(Added by Stats. 2006, Ch. 309, Sec. 7. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10 - Prohibited Chemicals › Section 25210.

25210. It shall be unlawful, on or after January 1, 1979, to use a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code, and it shall be unlawful on or after January 1, 1979, to sell a nonbiodegradable toxic chemical in a container which indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code. The department shall develop and adopt regulations to define nonbiodegradable toxic chemicals and limitations on the sale thereof by June 1, 1978.
(Added by Stats. 1977, Ch. 1039.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10 - Prohibited Chemicals › Section 25210.1.

25210.1. (a)  For purposes of this section, the following definitions shall apply:
(1)  “Halocarbon chemicals” means chemical compounds which contain carbon, and one or more halogens, and which may include hydrogen, including, but not limited to, trichloroethane, tetrachloroethylene, methylene chloride, halogenated benzenes, and carbon tetrachloride.
(2)  “Aromatic hydrocarbon chemicals” means chemical compounds containing carbon and hydrogen and at least one six-carbon ring containing double bonds, including, but not limited to, benzene, toluene, and napthalene.
(3)  “Sewage disposal system” means a septic tank, cesspool, sewage seepage pit, leachline, or other structure into which sewage is drained for purposes of disposal and which is not connected to a municipal treatment works.
(b)  On and after July 1, 1988, no person shall use any product containing halocarbon chemicals or aromatic hydrocarbon chemicals for the purposes of cleaning or unclogging a sewage disposal system.
(c)  On and after July 1, 1988, no person shall sell any product containing halocarbon chemicals or aromatic hydrocarbon chemicals in a container which indicates that the product may be used for the purposes of cleaning or unclogging a sewage disposal system. The department may adopt regulations regarding the sales of these products for the purposes of this subdivision.
(Added by Stats. 1987, Ch. 874, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.01 - Management of Perchlorate › Section 25210.5.

25210.5. For purposes of this article, the following definitions shall apply:
(a)  Notwithstanding Section 25117.2, “management” means disposal, storage, packaging, processing, pumping, recovery, recycling, transportation, transfer, treatment, use, and reuse.
(b)  “Perchlorate” means all perchlorate-containing compounds.
(c)  “Perchlorate material” means perchlorate and all perchlorate-containing substances, including, but not limited to, waste perchlorate and perchlorate-containing waste.
(Added by Stats. 2003, Ch. 608, Sec. 3. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.01 - Management of Perchlorate › Section 25210.6.

25210.6. (a) On or before December 31, 2005, the department shall adopt regulations specifying the best management practices for a person managing perchlorate materials. These practices may include, but are not limited to, all of the following:
(1) Procedures for documenting the amount of perchlorate materials managed by the facility.
(2) Management practices necessary to prevent releases of perchlorate materials, including, but not limited to, containment standards, usage, processing and transferring practices, and spill response procedures.
(b) (1) The department shall consult with the State Air Resources Board, the Office of Environmental Health Hazard Assessment, the State Water Resources Control Board, the Office of Emergency Services, the State Fire Marshal, and the California certified unified program agencies forum before adopting regulations pursuant to subdivision (a).
(2) The department shall also, before adopting regulations pursuant to subdivision (a), review existing federal, state, and local laws governing the management of perchlorate materials to determine the degree to which uniform and adequate requirements already exist, so as to avoid any unnecessary duplication of, or interference with the application of, those existing requirements.
(3) In adopting regulations pursuant to subdivision (a), the department shall ensure that those regulations are at least as stringent as, and to the extent practical consistent with, the existing requirements of Chapter 6.95 (commencing with Section 25500) and the California Fire Code governing the management of perchlorate materials.
(c) 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 11346.1 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.
(d) The department may implement an outreach effort to educate persons who manage perchlorate materials concerning the regulations promulgated pursuant to subdivision (a).
(Amended by Stats. 2013, Ch. 352, Sec. 349. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.01 - Management of Perchlorate › Section 25210.7.

25210.7. On and after the effective date of the regulations adopted by the department pursuant to Section 25210.6, a person may not manage perchlorate materials unless the management complies with the best management practices specified in the regulations adopted by the department.
(Added by Stats. 2003, Ch. 608, Sec. 3. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.02 - Lighting Toxics Reduction › Section 25210.10.

25210.10. (a) For purposes of this article, “general purpose lights” means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use.
(b) General purpose lights do not include any of the following specialty lighting: appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant.
(c) General purpose lights do not include lights needed to provide special-needs lighting for individuals with exceptional needs.
(Added by Stats. 2007, Ch. 534, Sec. 3. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.02 - Lighting Toxics Reduction › Section 25210.12.

25210.12. Notwithstanding Article 8 (commencing with Section 25180), a person who violates this article shall not be subject to any criminal penalties imposed pursuant to Article 8 (commencing with Section 25180).
(Added by Stats. 2007, Ch. 534, Sec. 3. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25211.

25211. For purposes of this article, the following terms have the following meaning:
(a) “Certified appliance recycler” means a person or entity engaged in the business of removing and properly managing materials that require special handling from discarded major appliances, and who is certified pursuant to Section 25211.4, and does not include a person described in subdivision (b) of Section 25211.2.
(b) “CUPA” means a certified unified program agency, as defined in subdivision (b) of Section 25123.7.
(c) “Major appliance” has the same meaning as defined in Section 42166 of the Public Resources Code.
(d) “Materials that require special handling” has the same meaning as defined in Section 42167 of the Public Resources Code.
(e) “Scrap recycling facility” means a facility where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron or nonferrous metallic scrap for sale for remelting purposes. A scrap recycling facility includes, but is not limited to, a feeder yard, a metal shredding facility, a metal crusher, and a metal baler.
(Amended by Stats. 2004, Ch. 880, Sec. 2. 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 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25211.1.

25211.1. (a) Except as provided in subdivision (b), a person, other than a certified appliance recycler, shall not remove materials that require special handling from a major appliance.
(b) An appliance service technician certified pursuant to Section 82.161 of Title 40 of the Code of Federal Regulations may remove refrigerant from major appliances.
(Repealed and added by Stats. 2007, Ch. 709, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25211.3.

25211.3. A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall retain onsite records demonstrating compliance with applicable requirements of this article and Section 42175 of the Public Resources Code. The records shall be retained for three years and shall be made available for inspection, upon the request of a representative of the department or a CUPA. The records shall be retained, after that three-year period, during the course of an unresolved enforcement action or as requested by the department or CUPA. The records shall include, but not be limited to, all of the following information:
(a) The amount, by volume or weight or both of each material that required special handling.
(b) The method used by the appliance recycler to recycle, dispose of, or otherwise manage each material that required special handling, including the name and address of the facility to which each material was sent.
(c) The number and types of appliances from which materials that require special handling are removed each year.
(d) The reports required pursuant to subdivision (c) of Section 25211.2.
(Amended by Stats. 2007, Ch. 709, Sec. 5. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25211.5.

25211.5. The department may adopt any regulations determined necessary to implement and enforce this article.
(Added by Stats. 2004, Ch. 880, Sec. 7. 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 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25212.

25212. (a) Materials that require special handling that are contained in major appliances shall not be disposed of at a solid waste facility and shall be removed from major appliances in which they are contained prior to the appliance being crushed, baled, shredded, sawed or sheared apart, disposed of, or otherwise processed in a manner that could result in the release or prevent the removal of materials that require special handling.
(b) A person who, pursuant to subdivision (a), removes from a major appliance any material that requires special handling, that is a hazardous waste under this chapter, is a hazardous waste generator and shall comply with all provisions of this chapter applicable to generators of hazardous waste.
(c) All materials that require special handling that have been removed from a major appliance pursuant to subdivision (a), and that are hazardous wastes, shall be managed in accordance with this chapter.
(d) A person who fails to comply with subdivision (a) is in violation of this chapter.
(e) (1) The department or a local health officer or other public officer authorized pursuant to Article 8 (commencing with Section 25180), including, when applicable, a certified unified program agency (CUPA) or a unified program agency within the jurisdiction of a CUPA, shall incorporate both of the following into the existing inspection and enforcement activities of the department or the local health officer or other public officer:
(A) The regulation of materials that require special handling that, when removed from a major appliance, is hazardous waste.
(B) The enforcement of subdivision (a).
(2) The department, local health officers, or other public officers shall coordinate their activities as needed to identify and regulate materials that require special handling that, when removed from major appliances, are hazardous wastes that are transported from one jurisdiction to another.
(Amended by Stats. 2004, Ch. 880, Sec. 8. 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 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25213.

25213. (a)  To implement subdivision (c) of Section 25212, the department shall, based on reasonably available information, develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with those who remove, from major appliances, materials that require special handling. The department shall notify persons on the list of the requirements of this chapter and the steps that will be required to be taken to comply with this chapter.
(b)  The department shall transmit a copy of the Appliance Recycling Guide, published by the California Integrated Waste Management Board, and any other materials determined to be necessary by the department to ensure compliance with this chapter, to the following persons and agencies:
(1)  Persons who apply for a generator identification number indicating that they are involved with any activities regulated pursuant to this article.
(2)  The local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(c)  The department shall transmit the generator identification number of any person identified pursuant to paragraph (1) of subdivision (b) and the statewide list developed pursuant to subdivision (a) to the appropriate local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(Added by Stats. 1997, Ch. 884, 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 10.1 - Management of Hazardous Wastes Removed From Discarded Appliances › Section 25214.

25214. The department shall make information available upon request regarding the implementation of this article, including, but not limited to, the list of persons notified pursuant to subdivision (a) of Section 25213, the list of persons identified pursuant to paragraph (1) of subdivision (b) of Section 25213, information on inspection and enforcement, and other information pertaining to the record of compliance with this article, subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 247. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.1 - Metal-Containing Jewelry › Section 25214.1.5.

25214.1.5. (a) This article does not do any of the following:
(1) Affect a duty or other requirement otherwise imposed under federal or state law.
(2) Alter or diminish a legal obligation otherwise required in common law, by statute, or by regulation.
(3) Create or enlarge a defense to an action to enforce a legal obligation otherwise required in common law, by statute, or by regulation.
(b) The Legislature finds and declares that the addition of this section during the 2007–08 Regular Session of the Legislature is declaratory of existing law.
(Added by Stats. 2008, Ch. 575, Sec. 1.5. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.1 - Metal-Containing Jewelry › Section 25214.3.1.

25214.3.1. (a) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare and, at the request of the department, submit to the department no more than 28 days after the date of the request, technical documentation or other information showing that the jewelry is in compliance with the requirements of this article.
(b) A manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes shall prepare a certification. This certification shall attest that the jewelry does not contain a level of lead or cadmium that prohibits the jewelry from being sold or offered for sale pursuant to this article and shall do all of the following:
(1) Identify the jewelry covered by the certificate, including a description of the jewelry that is sufficiently detailed to match the certificate to each product covered by the certificate and that could not be used to describe any jewelry that is not covered by the certificate.
(2) Cite to each separate rule or standard for which the jewelry is being certified.
(3) Identify the manufacturer or supplier certifying compliance of the jewelry, including the name, full mailing address, and telephone number of the manufacturer or supplier.
(4) Include the contact information for the person maintaining records of the test results of jewelry tested for purposes of this article, including the name, full mailing address, email address, and telephone number of that person.
(5) Include the date on which the jewelry was manufactured, including at least the month and year.
(6) Include the location where the jewelry was manufactured, including at least the city or administrative region, state, if applicable, and country where the product was manufactured or finally assembled. If the same manufacturer operates more than one location in the same city, the street address of the factory shall be included.
(7) Include the date or dates on which, and the location or locations where, the jewelry was tested for purposes of certification.
(8) Identify any third-party laboratory that performed the testing for purposes of certification, including the name, full mailing address, and telephone number of the laboratory.
(c) A manufacturer or supplier of jewelry sold or offered for promotional purposes in this state shall do either of the following:
(1) Provide the certification required by subdivision (b) to a person who sells or offers for sale that manufacturer’s or supplier’s jewelry.
(2) Display the certification required by subdivision (b) prominently on the shipping container or on the packaging of jewelry.
(Amended by Stats. 2019, Ch. 379, Sec. 5. (SB 647) 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 10.1.1 - Metal-Containing Jewelry › Section 25214.3.2.

25214.3.2. (a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to an administrative or civil penalty for a violation of this article if the person proves, by a preponderance of evidence, all of the following:
(1) The person received a certificate of compliance for the jewelry from the manufacturer or supplier.
(2) The certificate of compliance received pursuant to paragraph (1) stated that the jewelry is in compliance with the requirements of this article.
(3) The person relied on the certificate of compliance and did not know, and had no reason to know, that the jewelry was in violation of this article.
(4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the jewelry from commerce.
(b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action.
(Added by Stats. 2008, Ch. 575, Sec. 5. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.1 - Metal-Containing Jewelry › Section 25214.3.3.

25214.3.3. A manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead or cadmium in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(Amended by Stats. 2010, Ch. 313, Sec. 5. (SB 929) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.1 - Metal-Containing Jewelry › Section 25214.3.4.

25214.3.4. A manufacturer or supplier of jewelry who knowingly and with intent to deceive, falsifies any document or certificate required to be kept or produced pursuant to this article is subject to a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(Added by Stats. 2008, Ch. 575, Sec. 7. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.1 - Metal-Containing Jewelry › Section 25214.3.5.

25214.3.5. (a) This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing with Section 25251), including the authority of the department to include products in its product registry.
(b) Notwithstanding subdivision (c) of Section 25257.1, cadmium-containing jewelry shall not be considered as a product category already regulated or subject to pending regulation for purposes of Article 14 (commencing with Section 25251).
(Added by Stats. 2010, Ch. 313, Sec. 6. (SB 929) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.1 - Metal-Containing Jewelry › Section 25214.4.2.

25214.4.2. The department may adopt regulations to implement this article, including, but not limited to, adopting regulations that modify the testing protocols specified in Sections 25214.4 and 25214.4.1, as it deems necessary to further the purposes of this article.
(Amended by Stats. 2008, Ch. 575, Sec. 9. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.1.2 - Lead Plumbing Monitoring and Compliance Testing › Section 25214.4.3.

25214.4.3. (a) Lead plumbing monitoring and compliance testing shall be undertaken by the department, as a part of the department’s ongoing program for reducing toxic substances from the environment.
(b) For purposes of implementing this article, the department shall, based on its available resources and staffing, annually select not more than 75 drinking water faucets or other drinking water plumbing fittings and fixtures for testing and evaluation, including the locations from which to select the faucets, fittings, and fixtures, to determine compliance with Section 116875.
(c) In implementing this article, the department shall use test methods, protocols, and sample preparation procedures that are adequate to determine total lead concentration in a drinking water plumbing fitting or fixture to determine compliance with the standards for the maximum allowable total lead content set forth in Section 116875.
(d) (1) In selecting drinking water faucets and other drinking water plumbing fittings and fixtures to test and evaluate pursuant to this article, the department shall exercise its judgment regarding the specific drinking water plumbing fittings or fixtures to test.
(2) This article does not require the department’s selection to be either random or representative of all available plumbing fittings or fixtures.
(3) The department shall acquire its samples of fittings and fixtures from locations that are readily accessible to the public at either retail or wholesale sources.
(e) The department shall annually post the results of the testing and evaluation conducted pursuant to this article on its Internet Web site and shall transmit these results in an annual report to the State Department of Public Health.
(Added by Stats. 2008, Ch. 581, Sec. 2. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2 - Motor Vehicle Switches › Section 25214.5.

25214.5. For purposes of this article, “mercury-containing motor vehicle light switch” means any motor vehicle light switch found in the hood or trunk of a motor vehicle that contains mercury.
(Added by Stats. 2001, Ch. 656, Sec. 4. 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 10.2 - Motor Vehicle Switches › Section 25214.6.

25214.6. Any mercury-containing motor vehicle light switch removed from a motor vehicle is subject to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations, and any other applicable regulation adopted by the department pursuant to this chapter, including, but not limited to, standards for the handling of hazardous waste, standards for destination facilities, requirements for the tracking of universal waste shipments, import requirements, and the regulations governing different products.
(Added by Stats. 2001, Ch. 656, Sec. 4. 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 10.2 - Motor Vehicle Switches › Section 25214.7.

25214.7. The department shall do all of the following:
(a)  Coordinate with local agencies to provide technical assistance to businesses engaged in the dismantling or crushing of motor vehicles concerning the safe removal and proper disposal of mercury-containing light switches from motor vehicles, including information about vehicle makes and models that contain mercury light switches and entities that provide mercury recycling services.
(b)  Coordinate and encourage entities, such as associations representing motor vehicle repair shops, to offer to the public the replacement and recycling of mercury-containing motor vehicle light switches.
(c)  Make available to the public information concerning services to replace and recycle mercury-containing motor vehicle light switches.
(Added by Stats. 2001, Ch. 656, Sec. 4. 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 10.2 - Motor Vehicle Switches › Section 25214.8.

25214.8. On or before January 1, 2004, the department shall report to the appropriate policy and fiscal committees of the Legislature on both of the following:
(a)  The success of efforts to remove mercury-containing vehicle light switches from vehicles pursuant to Section 25214.6.
(b)  Compliance with the requirement to remove mercury-containing appliance switches pursuant to Section 42175 of the Public Resources Code.
(Added by Stats. 2001, Ch. 656, Sec. 4. 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 10.2.1 - Mercury-Added Thermostats, Relays, Switches, and Measuring Devices › Section 25214.8.2.

25214.8.2. On and after January 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury-added thermostat, unless the mercury-added thermostat meets either of the following criteria:
(a) The thermostat will be used for manufacturing or industrial purposes.
(b) The thermostat will be used by a blind or visually impaired person.
(Added by Stats. 2004, Ch. 626, Sec. 1. 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 10.2.1 - Mercury-Added Thermostats, Relays, Switches, and Measuring Devices › Section 25214.8.3.

25214.8.3. (a) Except as provided in subdivision (b), on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, any of the following new or refurbished mercury-added products:
(1) A barometer.
(2) An esophageal dilator, bougie tube, or gastrointestinal tube.
(3) A flow meter.
(4) A hydrometer.
(5) A hydrometer or psychometer.
(6) A manometer.
(7) A pyrometer.
(8) A sphygmanometer.
(9) A thermometer.
(b) Subdivision (a) does not apply to the sale of a mercury-added product if the use of the product is required under a federal law or federal contract specification or if the only mercury-added component in the product is a button cell battery.
(Added by Stats. 2005, Ch. 578, Sec. 3. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.1 - Mercury-Added Thermostats, Relays, Switches, and Measuring Devices › Section 25214.8.6.

25214.8.6. On or after January 1, 2008, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury diostat or a new or refurbished oven or gas range containing a mercury diostat.
(Added by Stats. 2005, Ch. 578, Sec. 6. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.10.

25214.8.10. This article shall be known, and may be cited, as the Mercury Thermostat Collection Act of 2021.
(Amended by Stats. 2021, Ch. 703, Sec. 3. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.2.2 - Mercury Thermostat Collection Act of 2021 › Section 25214.8.11.

25214.8.11. For purposes of this article, the following definitions apply:
(a) “Act” means the Mercury Thermostat Collection Act of 2021.
(b) “Department” means the Department of Toxic Substances Control.
(c) “Manufacturer” means a business concern that owns or owned a name brand of mercury-added thermostats sold in this state before January 1, 2006.
(d) “Mercury-added thermostat” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 25214.8.1.
(e) “Out-of-service mercury-added thermostat” means a mercury-added thermostat that is removed from a building or facility in this state and is intended to be discarded.
(f) “Program” means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively by a group of manufacturers pursuant to this act. “Program” also includes the education and outreach campaign conducted by a qualified third party to inform appropriate entities about the out-of-service mercury-added thermostat collection opportunities provided by the program.
(g) “Qualified third party” means a nonprofit organization, exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)), that is selected by a manufacturer, or group of manufacturers, pursuant to Section 25214.8.11.4 to implement the program.
(h) “Retailer” means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including, but not limited to, a sale using catalogs or the internet. A retailer may be a wholesaler if the person meets the definition of a wholesaler set forth in subdivision (j).
(i) “Thermostat” means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Thermostat” includes a thermostat used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include a thermostat used to sense and control temperature as part of a manufacturing process.
(j) “Wholesaler” means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components, and whose total wholesale sales account for 80 percent or more of total sales. A manufacturer, as defined in subdivision (c), is not a wholesaler.
(Amended by Stats. 2021, Ch. 703, Sec. 4. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)