California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 16 - Recyclable Materials (Recyclable Hazardous Wastes) › Article 1 - General › Section 66266.1 - Justification Statement for Disposal of a Recyclable Hazardous Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 365 days
				  of the disposal of a recyclable hazardous waste listed in section
				  66266.2, the Department may
				  request the generator of such hazardous waste to provide the Department with a
				  written statement justifying having not recycled the recyclable hazardous
				  waste. A generator requested to provide such a statement shall comply within 30
				  days of the Department's written request.
(b) The Department's request for a statement
				  from the generator pursuant to subdivision (a) above shall cite a special
				  property or component of the hazardous waste and a possible use or method of
				  recycling the hazardous waste that the Department considers economically and
				  technologically feasible.
(c) The
				  statement from the generator pursuant to subdivision (a) above that justifies
				  having not recycled a recyclable hazardous waste shall include, at a minimum,
				  the following information:
(1) the general
				  description, source, chemical composition, physical state, and amount of the
				  recyclable hazardous waste;
(2) the
				  amount of similar hazardous waste discarded or recycled during the 365-day
				  period preceding the disposal in question;
(3) an estimate of the amount of similar
				  hazardous waste to be generated by the generator in the 365-day period
				  succeeding the disposal in question;
(4) a summary of efforts made to find a use
				  for the recyclable hazardous waste such as the following:
(A) use without processing;
(B) use after processing to remove or modify
				  undesired impurities;
(C) use as a
				  source of energy by the generator or by another person;
(5) the technologic, economic and other
				  reasons for not recycling the recyclable hazardous waste, taking into account
				  relevant factors, which may include any of the following:
(A) the available amount and the storability
				  of the recyclable hazardous waste;
(B) chemical, physical, toxicological or
				  other properties of the recyclable hazardous waste which might affect its
				  recyclability;
(C) the
				  concentration or recoverability of the chemical component, chemical reactivity,
				  fuel value or other attribute cited by the Department pursuant to subdivision
				  (b) above which may determine the feasibility of recycling the hazardous
				  waste;
(D) the processing required
				  in recycling the recyclable hazardous waste and the availability and cost of
				  suitable processing technology and facilities;
(E) the marketability of the recyclable
				  hazardous waste or its reclaimed components in terms of the distance from the
				  recyclable hazardous waste source to the point of use or reclamation, the costs
				  of handling and transport, and the current market prices for the individual
				  waste components as pure or technical grade materials;
(F) copies of the diligent investigation or
				  environmental audit of the facility or facilities that could have potentially
				  recycled the recyclable hazardous waste; and/or
(G) any other information pertaining to the
				  facility or facilities that could have potentially recycled the recyclable
				  hazardous waste that influenced or formed the basis of the generator's decision
				  to dispose of the recyclable hazardous waste.