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 10.5.1 - Lead Wheel Weights › Section 25215.8.

25215.8. (a) A person shall not manufacture, sell, or install a wheel weight in California that contains more than 0.1 percent lead by weight.
(b) If the department identifies an alternative to lead contained in wheel weights as a chemical of concern pursuant to Section 25252, the lead alternative remains subject to the evaluation process imposed pursuant to Section 25253 to determine how best to limit exposure or to reduce the level of hazard posed by the lead alternative.
(c) This section shall not be construed to restrict the authority of the department pursuant to Sections 25252 and 25253 relating to a chemical or chemical ingredient contained in wheel weights, including, but not limited to, an alternative to lead.
(Added by renumbering Section 25215.6 by Stats. 2019, Ch. 497, Sec. 163. (AB 991) 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 10.5.1 - Lead Wheel Weights › Section 25215.82.

25215.82. (a) Any person who violates or threatens to violate the provisions of this article may be enjoined in any court of competent jurisdiction.
(b) Notwithstanding any other law, a person who violates this article is not subject to criminal penalties and is only subject to the administrative or civil penalties specified in subdivision (c).
(c) (1) A person who violates this article is liable for an administrative or a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation. That administrative or civil penalty may be assessed and recovered in an administrative action filed with the Office of Administrative Hearings or in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of an administrative or a civil penalty for a violation of this article, the presiding officer or the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number and severity of the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this article and the time these measures were taken.
(E) The willfulness of the violator’s misconduct.
(F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(d) Administrative and civil penalties collected pursuant to this article shall be deposited in the Toxic Substances Control Account, for expenditure by the Department of Toxic Substances Control, upon appropriation by the Legislature, to implement and enforce this article, except as provided in Section 25192.
(Added by renumbering Section 25215.7 by Stats. 2019, Ch. 497, Sec. 164. (AB 991) 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 10.6 - Management of Small Household Batteries › Section 25216.

25216. For the purposes of this article, “batteries” means primary or secondary batteries, including nickel-cadmium, alkaline, carbon-zinc, and other batteries generated as non-RCRA waste similar in size to those typically generated as household waste. “Batteries” does not include lead-acid batteries.
(Added by Stats. 1989, Ch. 1122, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.6 - Management of Small Household Batteries › Section 25216.1.

25216.1. (a)  Any collection location or intermediate collection location that receives, or any person that transports, spent batteries, as defined in this article, is exempt from the requirements of this chapter concerning the receipt, storage, and transportation of hazardous waste if the batteries are subsequently sent from that collection location to a facility authorized to receive those batteries and all of the following conditions are met:
(1)  The collection location is either of the following:
(A)  The collection location does not store more than 600 pounds of batteries at any one time and no batteries are stored for longer than 180 days.
(B)  The collection location is operated, or is authorized to be operated, by a public agency as part of a curbside collection program, no batteries are stored for longer than 180 days, and the public agency has considered appropriate volume limits and other necessary precautions to protect the public health, safety, and the environment.
(2)  The batteries are stored and transferred in a manner which minimizes the possibility of fire, explosion, or any release of hazardous substances or hazardous waste constituents.
(3)  The collection location, transporter, and receiving facility retains a copy of the hazardous waste manifest or bill of lading used during transportation for a period of three years. If a bill of lading is used, the bill of lading shall have, at a minimum, all of the following information:
(A)  The name, address, and telephone number of the collection location, transporter, and receiving facility.
(B)  A general description and quantity of batteries.
(C)  The date of the transfer.
(D)  The signatures of the transporter and the collection location representative.
(4)  The batteries are not treated or reclaimed at any location exempted from the requirements of this chapter by this article.
(5)  Batteries which are received in accordance with subparagraph (A) or (B) of paragraph (1) which are not subsequently recycled at the facility or transferred to a permitted recycling facility are transferred to a disposal facility authorized to accept such batteries.
(b)  A household hazardous waste collection facility, as defined in subdivision (f) of Section 25218.1, may refuse to accept spent batteries if the volume of spent batteries delivered for receipt exceeds the facility’s storage capabilities. Such a facility may charge a fee to recover the handling, storage, and disposal costs of those spent batteries, which shall not exceed the facility’s handling, storage, and disposal costs.
(Amended by Stats. 1995, Ch. 633, Sec. 1. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.6 - Management of Small Household Batteries › Section 25216.2.

25216.2. (a)  (1)  This article does not apply to batteries that are disposed of on or into the land, water, or air.
(2)  For purposes of this subdivision, disposal does not include a battery which is delivered to a collection location or an intermediate collection location and subsequently transported to a household hazardous waste collection facility.
(b)  The department shall implement this article consistent with all applicable state and federal laws.
(Amended by Stats. 1995, Ch. 633, Sec. 2. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.6 - Management of Small Household Batteries › Section 25216.3.

25216.3. (a)  For purposes of this section, “spent dry cell battery containing zinc electrodes” means an alkaline or zinc-carbon battery, that meets all of the following conditions:
(1)  It is an enclosed device or sealed container consisting of one or more voltaic or galvanic cells, electrically connected to produce electric energy, of any shape, including, but not limited to, button, coin, cylindrical, or rectangular, and designed for commercial, industrial, medical, institutional, or household use.
(2)  It contains an electrode comprised of zinc or zinc oxide or a combination thereof, and a liquid starved or gelled electrolyte.
(3)  It does not contain any constituent, other than zinc or zinc oxide, that would cause it to be classified as a hazardous waste pursuant to this chapter.
(4)  It is discarded by the user.
(b)  Notwithstanding any other provision of law, a spent dry cell battery containing zinc electrodes is not a hazardous waste, and is not subject to the requirements of this chapter, if all of the following conditions are met:
(1)  The spent dry cell battery containing zinc electrodes is disposed of in a permitted municipal solid waste landfill, as defined in Section 20164 of Title 27 of the California Code of Regulations, or in a permitted municipal solid waste transformation facility, as defined in Section 40201 of the Public Resources Code, or is accumulated for recycling.
(2)  The spent dry cell battery containing zinc electrodes is not stored or accumulated for longer than 180 days. In addition, at least 75 percent, by weight or volume, of all spent dry cell batteries containing zinc electrodes stored or accumulated at a site during a calendar year shall be transferred to a different site for disposal or recycling during that calendar year.
(3)  The spent dry cell battery containing zinc electrodes is stored, accumulated, and transferred in a manner that minimizes the possibility of fire, explosion, or any release of hazardous substances or hazardous waste constituents.
(Added by Stats. 1998, Ch. 281, Sec. 1. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.7 - Recyclable Latex Paint and Oil-Based Paint › Section 25217.

25217. For purposes of this article, the following definitions shall apply:
(a) “Consolidation location” means a location to which recyclable latex paint or oil-based paint initially collected at a collection location is transported.
(b) “Oil-based paint” means a paint that contains drying oil, oil varnish, or oil-modified resin as the basic vehicle ingredient.
(c) “Paint” includes both oil-based paint and recyclable latex paint that is collected in accordance with this article.
(d) “Recyclable latex paint” means any water-based latex paint, still in liquid form, that is transferred for purposes of being recycled.
(e) “VSQG” means a very small quantity generator, as specified in subdivision (q) of Section 25218.1.
(Amended by Stats. 2021, Ch. 153, Sec. 5. (AB 698) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.7 - Recyclable Latex Paint and Oil-Based Paint › Section 25217.1.

25217.1. No person shall dispose of, or attempt to dispose of, liquid latex paint or oil-based paint in the land or into the waters of the state unless authorized by applicable provisions of law.
(Amended by Stats. 2011, Ch. 603, Sec. 6. (AB 408) Effective October 8, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.7 - Recyclable Latex Paint and Oil-Based Paint › Section 25217.2.1.

25217.2.1. (a) A location that accepts recyclable latex paint pursuant to Section 25217.2 may also accept oil-based paint if all of the additional following conditions are met:
(1) The collection location is established under an architectural paint stewardship plan approved by the Department of Resources Recycling and Recovery pursuant to the architectural paint recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code.
(2) The collection location receives oil-based paint only from either of the following:
(A) A person who generates oil-based paint incidental to owning or maintaining a place of residence.
(B) A very small quantity generator.
(3) The oil-based paint is still in liquid form and is in its original packaging or is in a closed container that is clearly labeled.
(4) The location manages the oil-based paint in accordance with the requirements in Section 25217.2.
(5) The collection location operates pursuant to a contract with a manufacturer or paint stewardship organization that has submitted an architectural paint stewardship plan that has been approved by the Department of Resources Recycling and Recovery and the collected paint is managed in accordance with that approved architectural paint stewardship plan.
(6) The oil-based paint is stored for no longer than 180 days.
(b) Oil-based paint initially collected at a collection location shall be deemed to be generated at the consolidation location for purposes of this chapter, if all of the following apply:
(1) The collection location is established under an architectural paint stewardship plan in accordance with the requirements of paragraph (1) of subdivision (a).
(2) The oil-based paint is subsequently transported to a consolidation location that is operating pursuant to a contract with a manufacturer or paint stewardship organization under an architectural paint stewardship plan that has been approved by the Department of Resources Recycling and Recovery pursuant to the architectural paint recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code.
(3) The oil-based paint is non-RCRA hazardous waste, or is otherwise exempt from, or is not otherwise regulated pursuant to, the federal act.
(c) A permanent household hazardous waste collection facility that accepts recyclable latex paint pursuant to and in compliance with Section 25217.2 and that accepts oil-based paint is not subject to the weight and volume limits on the amount of oil-based paint that may be accepted, pursuant to subdivision (b) of Section 25218.3.
(Amended by Stats. 2022, Ch. 499, Sec. 4. (AB 2481) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.7 - Recyclable Latex Paint and Oil-Based Paint › Section 25217.3.

25217.3. (a) Notwithstanding Sections 25160 and 25163, a person may transport paint collected in accordance with this article without the use of a manifest or obtaining registration as a hazardous waste hauler if the transporter complies with this article.
(b) A person transporting paint collected in accordance with this article shall use a bill of lading to document the transportation of the paint from collection locations, or any interim locations, to a consolidation site, whenever the transportation involves a change in ownership of the paint. A copy of the bill of lading shall be kept by the originating location, transporter, and destination of the paint for a period of at least three years and shall include all of the following information:
(1) The name, address, and telephone number of the originating location, the transporter, and the destination of the paint.
(2) The quantity of the paint being transported.
(3) The date on which the transporter accepts the paint from the originating location.
(4) The signatures of the transporter and a representative of the originating location.
(Amended by Stats. 2011, Ch. 603, Sec. 9. (AB 408) Effective October 8, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.7 - Recyclable Latex Paint and Oil-Based Paint › Section 25217.4.

25217.4. (a) A person may recycle recyclable latex paint at a facility which is not authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) if the person complies with Section 25217.2.
(b) A person shall recycle, treat, store, or dispose of oil-based paint that has been collected pursuant to this article only at a facility that is authorized by the department pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200) to recycle, treat, store, or dispose of hazardous waste, or at an out-of-state facility that is authorized to recycle, treat, store, or dispose of oil-based paint in the state where the facility is located.
(Amended by Stats. 2011, Ch. 603, Sec. 10. (AB 408) Effective October 8, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.

25218. The Legislature hereby finds and declares all of the following:
(a)  Residential households that generate household hazardous waste and very small quantity generators that generate small amounts of hazardous waste in the state need an appropriate and economic means of disposing of the hazardous waste they generate.
(b)  (1)  Counties and cities provide for the collection of household hazardous waste and very small quantity generator waste as a community service to ensure proper handling and disposal of the material and to prevent the potential contamination of solid waste landfills.
(2)  To the extent available, cities and counties should consider using public service television to provide public safety awareness and training on packaging and transporting household hazardous waste to collection centers.
(c)  To facilitate and increase the collection of household hazardous waste and very small quantity generator waste, it is the responsibility of the state to provide for an expedited and streamlined permitting and regulatory structure for household hazardous waste and very small quantity generator waste collection and handling. Overburdensome regulations defeat the objectives of providing convenient and accessible collection facilities and the protection of public health and safety.
(d)  Abandonment or illegal disposal of household hazardous waste and hazardous waste from small businesses and the continued disposal of those wastes into the solid waste stream is a threat to public health and safety and to the environment.
(e)  It is the shared responsibility of citizens, very small quantity generators, disposal facility operators, hazardous waste processors, manufacturers, sellers, solid waste handlers, and state and local agencies to ensure the proper recycling and disposal of household hazardous waste and very small quantity generator waste.
(Amended by Stats. 2021, Ch. 153, Sec. 8. (AB 698) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.2.

25218.2. (a)  Prior to commencing operations, a public agency, or its contractor, that intends to operate a household hazardous waste collection facility shall submit the following written information to the CUPA, or, in those jurisdictions where there is no CUPA, to the officer or agency authorized pursuant to subdivision (f) of Section 25404.3 to implement and enforce the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404:
(1)  A certification that the household hazardous waste collection facility will be operated in accordance with this article and with any other requirement that may be imposed by the department by regulation.
(2)  All of the following information:
(A)  The facility’s name.
(B)  The facility’s location.
(C)  The facility’s generator identification number.
(D)  The date that the facility will begin operation.
(E)  The facility’s operating schedule.
(b)  In addition to the information required pursuant to paragraph (2) of subdivision (a), the public agency, or its contractor, shall also subsequently notify the CUPA, or, in those jurisdictions where there is no CUPA, the officer or agency authorized pursuant to subdivision (f) of Section 25404.3 to implement and enforce the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404, of any significant change in the facility’s operating schedule.
(c)  The public agency, or its contractor, shall also submit the written information pursuant to subdivision (a), and notify the department pursuant to subdivision (b), until (1) regulations promulgated by the Secretary for Environmental Protection establishing a unified program information collection and reporting system and standards are effective, (2) the regulations require a statewide data base system that will enable the department and the public to obtain the required information from all CUPAs or the authorized officers or agencies, and (3) the statewide data base system is in place and fully operational.
(Amended by Stats. 1997, Ch. 778, Sec. 3. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.3.

25218.3. (a) The department may authorize a household hazardous waste collection facility to accept hazardous waste from a VSQG.
(b) (1) A household hazardous waste collection facility that is authorized to accept hazardous waste from a VSQG pursuant to subdivision (a) shall not accept more than 100 kilograms of hazardous waste, or 1 kilogram of extremely hazardous waste, from any one VSQG in a calendar month. Calculations of quantity under this subdivision shall not include universal wastes managed pursuant to the requirements of Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(2) Notwithstanding paragraph (1), a household hazardous waste collection facility may accept more than 100 kilograms of hazardous waste from a VSQG at a single time as long as it accepts a total of no more than 1,200 kilograms of hazardous waste from that VSQG in a calendar year.
(3) The limits specified in this subdivision do not apply to recyclable latex paint or oil-based paint accepted by a household hazardous waste collection facility that accepts recyclable paint pursuant to Section 25217.2 or oil-based paint pursuant to Section 25217.2.1.
(c) A public agency, or its contractor, that accepts hazardous waste from a VSQG pursuant to this section may charge the VSQG a fee for the cost incurred in handling their hazardous waste.
(d) The department may adopt and revise regulations for household hazardous waste collection facilities, including those that are authorized to accept hazardous waste from a VSQG. The regulations shall provide for all of the following:
(1) Promoting the reduction, reclamation, and recycling of hazardous waste over other hazardous waste management alternatives.
(2) Ensuring the safe transport of household hazardous waste and hazardous waste to authorized collection programs.
(3) Ensuring the compliance of participating VSQGs with the monthly quantity limitations specified in Section 262.13 of Title 40 of the Code of Federal Regulations.
(e) Notwithstanding any other law, a household hazardous waste collection facility may authorize a person delivering waste at the acceptance area of the facility to exit their vehicle only if the facility determines that the person is required to exit the vehicle in order to provide access to the household hazardous waste being delivered. After providing the required access, the facility shall ensure that the person immediately returns to their vehicle.
(f) Notwithstanding any other law, a household hazardous waste collection facility may accept hazardous waste from a VSQG in the same area and at the same time that the facility accepts residential household hazardous waste.
(Amended by Stats. 2022, Ch. 499, Sec. 5. (AB 2481) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.4.

25218.4. Except as provided in subdivision (f) of Section 25218.5, a person who transports household hazardous waste, and any VSQG that transports hazardous waste to an authorized household hazardous waste collection facility, who meets the conditions of Section 25218.5, is exempt from subdivision (a) of Section 25163 and from the requirement for possession of a manifest in paragraph (1) of subdivision (d) of Section 25160.
(Amended by Stats. 2021, Ch. 153, Sec. 11. (AB 698) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.5.1.

25218.5.1. Notwithstanding Section 25218.5, a public agency may increase the maximum liquid volume and dry weight authorized to be transported pursuant to paragraph (1) of subdivision (b) of, and subdivision (c) of, Section 25218.5, to a total liquid volume of 15 gallons or a total dry weight of 125 pounds, if the public agency, as the case may be, finds that the local household hazardous waste collection program operated by that public agency, or its contractor, has adequate public education programs to inform the public on proper techniques for packaging and transporting the household hazardous waste to the program’s household hazardous waste collection facilities.
(Amended by Stats. 2019, Ch. 485, Sec. 4. (SB 726) 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 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.7.

25218.7. The corrective action provisions of Section 25200.10 do not apply to a permit issued for the operation of a temporary household hazardous waste collection facility.
(Added by Stats. 1993, Ch. 913, Sec. 13. 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 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.9.

25218.9. On or before October 1 of each year, a public agency, or its contractor, operating a household hazardous waste collection facility shall submit to the CUPA, or, in those jurisdictions where there is no CUPA, to the officer or agency authorized pursuant to subdivision (f) of Section 25404.3 to implement and enforce the requirements of this chapter listed in paragraph (1) of subdivision (c) of Section 25404, a copy of the completed California Integrated Waste Management Board Form 303, which is required to be submitted to that board for the prior fiscal year pursuant to regulations adopted by that board. The completed California Integrated Waste Management Board Form 303 shall also be submitted to the department until (1) regulations promulgated by the Secretary for Environmental Protection establishing a unified program information collection and reporting system and standards are effective, (2) the regulations require a statewide data base system that will enable the department and the public to obtain the required information from all CUPAs or the authorized officers or agencies, and (3) the statewide data base system is in place and fully operational.
(Amended by Stats. 1997, Ch. 778, Sec. 4. 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 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.10.

25218.10. The department and the California Integrated Waste Management Board shall jointly develop and maintain a data base of all household hazardous waste collection events, facilities, and programs within the state. The department and the California Integrated Waste Management Board shall both maintain that information, as a cooperative effort, and shall make information from the data base available to the public upon request. However, the department and the California Integrated Waste Management Board shall implement this section only to the extent that funds are appropriated therefor by the Legislature.
(Added by Stats. 1993, Ch. 913, Sec. 13. 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 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.11.

25218.11. (a)  On or before March 31, 1996, the department shall develop a separate and distinct regulatory structure for the permitting of permanent household hazardous waste facilities that conduct the activities specified in subdivision (b). The regulations shall simplify the permitting of facilities and encourage the collection of material and shall be not more burdensome than is necessary to protect the public health and safety. The regulations adopted to implement this section shall balance public safety considerations of household hazardous waste collection with the safety and environmental considerations of illegal disposal.
(b)  The regulations adopted pursuant to subdivision (a) shall apply only to household hazardous waste collection activities that are operated by a public agency, or its contractor, and that accept only household hazardous waste or hazardous waste collected from very small quantity generators. The regulations shall require that, before the commencement of the activities specified in this subdivision, the activities shall be authorized by the department.
(Amended by Stats. 2021, Ch. 153, Sec. 13. (AB 698) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.11.5.

25218.11.5. A quality assurance plan prepared and implemented by a public agency, or its contractor, shall meet the following conditions:
(a) The public agency, or its contractor, shall design the quality assurance plan to ensure, using its best efforts with the resources generally available to the public agency, or its contractor, that a reusable household hazardous product or material selected for distribution is appropriately labeled, has labels that are intact and legible, is not contaminated, is not broken or leaking, and appears to be as it originated from the product or material manufacturer. The product or material selected for distribution may be in a container that has minor damage, such as dents or scratches, provided that the container maintains its integrity, any valves, caps, or lids appear functional, and the contents of the container do not appear compromised or impaired.
(b) The quality assurance plan shall identify specific procedures for evaluating each container placed in a materials exchange program.
(c) The quality assurance plan shall identify reusable household hazardous products and materials that shall not be accepted for distribution in a materials exchange program. Unacceptable products and materials may include, but are not limited to, any product or material that is not legal to use or sell in California.
(d) The quality assurance plan shall be implemented at each household hazardous waste collection facility operated by the public agency, or its contractor, at which a materials exchange program is operated.
(e) The quality assurance plan shall identify when a reusable household hazardous product or material no longer meets the conditions in the protocol in the materials exchange program and becomes a waste. For products and materials that are no longer reusable and that remain in inventory at the household hazardous waste collection facility, the product or material becomes a waste when discarded and shall be managed in accordance with the applicable hazardous waste requirements of this chapter.
(Added by Stats. 2019, Ch. 485, Sec. 5. (SB 726) 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 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.13.

25218.13. (a) A household hazardous waste collection facility that has a permit issued under Section 25218.8 may operate as a “home-generated sharps consolidation point,” as defined in subdivision (b) of Section 117904, if the facility is approved by the enforcement agency as a point of consolidation pursuant to Section 117904 and the facility complies with the provisions of that section.
(b) For the purposes of this section, “sharps waste” has the meaning defined in Section 40190.5 of the Public Resources Code.
(Added by Stats. 2004, Ch. 157, 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 10.8 - Household Hazardous Waste and Small Quantity Generator Waste › Section 25218.14.

25218.14. (a) The department shall convene a Retail Waste Working Group comprised of representatives of large retailers, small retailers, district attorneys, certified unified program agencies, nongovernment organizations, local governments, other relevant state agencies as determined by the department, manufacturers, reverse distributors, and other stakeholders to consider and make findings and recommendations on the following:
(1) Regulatory and statutory requirements that may be considered confusing or may need clarification or specification when applied to the overall management by manufacturer, distributor, supplier, vendor, retail, and reverse logistics facilities of surplus household consumer products, including products that can be considered hazardous waste or pharmaceutical waste once a waste determination is made.
(2) Statutory or regulatory recommendations to facilitate and increase the donation, liquidation, and sale of surplus household consumer products, and waste reduction opportunities for those products, and to clarify waste management requirements to encourage the management of surplus household consumer products by manufacturer, distributor, supplier, vendor, retail, and reverse logistics facilities in a manner that is protective of public health and the environment.
(b) For purposes of this section, “surplus household consumer product” means a household consumer product that cannot or will not be sold to a consumer through that product’s primary market.
(c) By June 1, 2017, the Retail Waste Working Group shall report the findings and recommendations made pursuant to subdivision (a) to the Legislature.
(Added by Stats. 2016, Ch. 771, Sec. 1. (SB 423) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.9 - Battery Management: Federal Regulation › Section 25219.

25219. As used in this article, the following terms have the following meaning:
(a)  “Federal battery management act” means the Mercury-Containing and Rechargeable Battery Management Act (P.L. 104-142), or that act as it may thereafter be amended.
(b)  “Federally regulated battery” means a battery that is subject to the federal battery management act.
(Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.9 - Battery Management: Federal Regulation › Section 25219.1.

25219.1. (a)  Notwithstanding any other provision of law, including, but not limited to, any other provision of this chapter, the federal battery management act shall be deemed to be the law of this state with regard to the easy removability, environmental labeling, collection, storage, and transportation of federally regulated batteries, and any battery that is a federally regulated battery shall be managed in accordance with the federal battery management act.
(b)  It is the intent of subdivision (a) to make the necessary changes in state law to allow the department to seek and maintain the approval of the Administrator of the Environmental Protection Agency to implement and enforce the requirements of subsection (a) of Section 104 of the federal battery management act.
(Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 10.9 - Battery Management: Federal Regulation › Section 25219.2.

25219.2. Except as provided in this article, batteries not subject to regulation pursuant to Section 25219.1 shall be managed in compliance with all other requirements of this chapter.
(Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)
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 25220.

25220. (a) The department shall notify the planning and building department of each city, county, or regional council of governments of any recorded land use restriction imposed within the jurisdiction of the local agency pursuant to the former Section 25229, 25230, or 25398.7, as those sections read prior to June 27, 2012, or Section 25202.5, 25221, or 79055. Upon receiving this notification, the planning and building department shall do both of the following:
(1) File all recorded land use restrictions in the property files of the city, county, or regional council of government.
(2) Require that a person requesting a land use that differs from those filed land use restrictions on the property apply to the department for a variance or a removal of the land use restrictions pursuant to Section 25223 or 25224.
(b) A planning and building department of a city, county, or regional council of governments may assess a property owner a reasonable fee to cover the costs of taking the actions required by subdivision (a). For purposes of this subdivision, “property owner” does not include a person who holds evidence of ownership solely to protect a security interest in the property, unless the person participates, or has a legal right to participate, in the management of the property.
(c) The department shall maintain a list of all recorded land use restrictions, including deed restrictions, recorded pursuant to the former Sections 25229, 25230, and 25398.7, as those sections read prior to June 27, 2012, and Sections 25202.5, 25221, and 79055. The list shall, at a minimum, provide the street address, or, if a street address is not available, an equivalent description of location for a rural location or the latitude and longitude of each property. The department shall update the list as new deed restrictions are recorded. The department shall make the list available to the public, upon request, and shall make the list available on the department’s internet website. The list shall also be incorporated into the list of sites compiled pursuant to Section 65962.5 of the Government Code.
(Amended by Stats. 2022, Ch. 258, Sec. 60. (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 11.1 - Institutional Control › Section 25221.

25221. A person may enter into an agreement with the department regarding his or her property, or a portion thereof, which provides for restricting specified uses of the property, as determined by all parties to the agreement. Except as otherwise provided in this article, the agreement is irrevocable and shall be recorded by the owner, pursuant to paragraph (1) of subdivision (a) of Section 25220, as a hazardous waste easement, covenant, restriction, or servitude, or any combination of those servitudes, as appropriate, upon the present and future uses of the land. That person shall bear all costs incurred in determining the specific land use restrictions for his or her property, or a portion of the property pursuant to this subdivision.
(Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (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 11.1 - Institutional Control › Section 25222.

25222. Public notice of an agreement proposed to be entered into pursuant to Section 25221 shall be provided by the department at least 30 days before a hearing on, or execution of, the agreement. The notice shall be given by publication once in a newspaper of general circulation published and circulated in the locale or, if there is none, by posting the notice in at least three public places in the locale. In the case of a proposed agreement, the department shall also give notice to the city or county in whose jurisdiction the property is located. Public comment on the proposed agreement entered into pursuant to Section 25221 shall be submitted to the department in writing.
(Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (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 11.1 - Institutional Control › Section 25223.

25223. (a) A person may apply to the department for a written variance from a land use restriction imposed by the department. An application shall contain sufficient evidence for the department to issue a notice for a hearing. The notice shall contain both of the following:
(1) A statement of all of the following that apply:
(A) Land use restrictions have been imposed on the land.
(B) A hearing is pending on the land.
(2) A statement of who is applying for a variance, the proposed variance, and a statement of the reasons in support of the granting of a variance.
(b) The procedures for the conducting of the hearing specified in subdivision (a) are those set forth in former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20. A person shall not make a subsequent application pursuant to this section within 18 months of a final decision on an application by the department. A person applying for a variance pursuant to this section shall pay the department for all costs incurred by the department relating to the application.
(c) The applicant shall have the burden of proving at the hearing that the variance will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste:
(1) The creation or increase of significant present or future hazards to public health.
(2) A significant diminution of the ability to mitigate any significant potential or actual hazard to public health.
(3) A long-term increase in the number of humans or animals exposed to significant hazards that affect the health, well-being, or safety of the public.
(d) If, upon the preponderance of the testimony taken, the director is of the opinion that the variance should be granted, the director shall issue and cause to be served his or her decision and findings of fact on the owner of the land, the legislative body of the city or county in whose jurisdiction the land is located, and upon any other persons who were permitted to intervene in the proceedings. The findings of fact shall include the exact nature of the proposed variance and the reasons in support of the granting of the variance.
(e) If the director is of the opinion that the variance should not be granted, the director shall issue and cause to be served his or her findings of fact in support of the denial on the parties specified in subdivision (d).
(f) The department shall record within 10 days any final decision made by the director pursuant to this section as provided in Section 25225.
(g) A decision of the director made after a hearing held pursuant to this section shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds that it is supported by substantial evidence.
(Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (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 11.1 - Institutional Control › Section 25225.

25225. The department shall record within 10 days any final written instrument made pursuant to Section 25221 or 25224 with the county recorder of the county in which the property is located. Any recordation made pursuant to this article or Section 25202.5 or 79055 shall include the street address, assessor’s parcel number, or legal description of each parcel affected and the name of the owner thereof, and the recordation shall be recorded by the recorder in the grantor index in the name of the record title owner of the real property and in the grantee index in the name of the department.
(Amended by Stats. 2022, Ch. 258, Sec. 62. (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 11.1 - Institutional Control › Section 25226.

25226. An assessor shall consider a restrictive easement, covenant, restriction, or servitude adopted pursuant to the former Section 25230, as that section read prior to June 27, 2012, or Section 25202.5, 25221, or 79055 as an enforceable easement, covenant, restriction, or servitude subject to Section 402.1 of the Revenue and Taxation Code and shall appropriately reassess the land, those of which has been restricted, at the lien date following the adoption or imposition of the easement, covenant, restriction, or servitude.
(Amended by Stats. 2022, Ch. 258, Sec. 63. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)