reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.2 - Applicability. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Editorial correction of HISTORY 1 (Register 2007, No.
				  17).
3. New section refiled 4-23-2007 as an emergency; operative
				  4-30-2007 (Register 2007, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-28-2007 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of section
				  heading, repealer and new section and amendment of NOTE filed 6-18-2007;
				  operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
5. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25143.1.5,
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.3 - Prohibited Activities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Editorial correction of HISTORY 1 (Register 2007, No.
				  17).
3. New section refiled 4-23-2007 as an emergency; operative
				  4-30-2007 (Register 2007, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-28-2007 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of section
				  heading, repealer and new section and amendment of NOTE filed 6-18-2007;
				  operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
5. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.4 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Editorial correction of HISTORY 1 (Register 2007, No.
				  17).
3. New section refiled 4-23-2007 as an emergency; operative
				  4-30-2007 (Register 2007, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-28-2007 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of section
				  heading, repealer and new section and amendment of NOTE filed 6-18-2007;
				  operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
5. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code; Sections
					 40116,
					 40117,
					 40195.1,
					 40200
					 and
					 40201,
					 Public Resources Code; and Section
					 13173, Water
					 Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.5 - Labeling. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Amendment of subsection (e) filed
				  10-3-2007; operative 11-2-2007 (Register 2007, No. 40).
3. Change
				  without regulatory effect repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.6 - Accumulation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Amendment of subsections (a)(2)(B)1.-2.
				  and new subsection (a)(2)(B)3. filed 10-3-2007; operative 11-2-2007 (Register
				  2007, No. 40).
3. Change without regulatory effect repealing section
				  filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.7 - Offsite Shipments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.8 - Tracking Shipments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7,
					 25150.8
					 and
					 25173,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.9 - Notification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.10 - Treatment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.11 - Disposal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Amendment of subsection (b)(3) filed
				  10-3-2007; operative 11-2-2007 (Register 2007, No. 40).
3. Change
				  without regulatory effect repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code; and Section
					 13173, Water
					 Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 34 - Alternative Management Standards for Treated Wood Waste [Repealed] › Section 67386.12 - Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section
				  11343.4
				  (Register 2007, No. 25).
2. Change without regulatory effect
				  repealing section filed 3-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 12). (OAL review extended 60 calendar days
				  pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections
					 25150,
					 25150.7
					 and
					 58012,
					 Health and Safety Code. Reference: Sections
					 25150.7
					 and
					 25150.8,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 39 - Hazardous Waste Property and Land Use Restrictions › Section 67390.2 - Information Required for a Variance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a written request made
				pursuant to Health and Safety Code sections
				25223
				or
				25224
				the Department shall review all available documents and other written
				information with regard to the property concerned and notify the requester
				whether sufficient evidence exists for the Department to issue a written
				variance from a land use restriction imposed by the department, or removal of
				such restriction.
(b) In
				determining whether sufficient evidence exists for the Department to proceed
				with a variance pursuant to Health and Safety Code sections
				25223
				and
				25224
				the Department shall take into account:
(1)
				the hazardous characteristics of the wastes that caused the land to be
				restricted, such as, but not limited to, toxicity, reactivity, corrosivity,
				flammability, persistence, bioaccumulative characteristics, and
				infectiousness;
(2) factors
				affecting the potential for movement of any waste constituents away from the
				site through air, water, or soil, such as, but not limited to, the quantity of
				the wastes, physical state of the wastes, volatility of the wastes, solubility
				of the wastes, soil binding characteristics of the wastes, soil permeability,
				geological characteristics, hydrological characteristics, meteorological
				characteristics, flood potential and site terrain;
(3) factors affecting the potential for
				exposure of any population within 2,000 feet of the wastes such as, but not
				limited to, containment of the wastes, accessibility of the wastes, ground
				water use, wells, surface water use, existing and potential land use, sensitive
				environments, and critical habitats.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 39 - Hazardous Waste Property and Land Use Restrictions › Section 67391.1 - Requirements for Land Use Covenants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsections (e)(2)
				and (f) of this section, a land use covenant imposing appropriate limitations
				on land use shall be executed and recorded when:
(1) Facility closure, corrective action,
				remedial or removal action, or other response actions are undertaken pursuant
				to division 20 of the Health and Safety Code; and
(2) Hazardous materials, hazardous wastes or
				constituents, or hazardous substances will remain at the property at levels
				which are not suitable for unrestricted use of the land.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67400 - Applicability. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  29 (Sections
				  67400-67424, not consecutive)
				  filed 1-3-85; effective thirtieth day thereafter (Register 85, No.
				  2).
2. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No.
				  22).
3. Change without regulatory effect adding editorial note to
				  chapter heading filed 1-7-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 2).
Note: Authority cited: Section
					 208,
					 Health and Safety Code. Reference: Sections
					 25159
					 and
					 25159.5,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67400.1 - Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Candidate sites shall be selected for hazardous waste site
				  ranking if:
(a) the site is presently
				not owned by the Federal Government; and
(b) the release or threatened release of a
				hazardous substance (as defined in Health and Safety Code section
				25316)
				at the site has been confirmed by the Department by means of on-site sampling
				conducted by the Department or other parties of the waste, soils, sediments,
				ground water, surface water or air.
1. New section
				  filed 5-24-91; operative 7-1-91 (Register 91, No.
				  22).
Note: Authority cited: Section
					 25356(a),
					 Health and Safety Code. Reference: Section
					 25356(a),
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67400.2 - Site Ranking Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hazardous waste sites shall be ranked for remedial action
				  according to the "Uncontrolled Hazardous Waste Site Ranking System, A User's
				  Manual" (1982) MTR--82W111, except that the "Hazardous Chemicals Data" NFPA
				  49-1975 as contained in either the 1977 or 1984 edition of the "Fire Protection
				  Guide on Hazardous Materials" published by the National Fire Protection
				  Association may be used instead of the National Fire Protection Association's
				  National Fire Codes, Vol. 13, No. 49 (1977).
1. New section
				  filed 5-24-91; operative 7-1-91 (Register 91, No.
				  22).
Note: Authority cited: Section
					 25356(a),
					 Health and Safety Code. Reference: Section
					 25356(a),
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2. New
				  section filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26).
				  A Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. New section refiled 12-26-95 as an emergency; operative
				  12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted
				  to OAL by 4-24-96 or emergency language will be repealed by operation of law on
				  the following day.
4. New section refiled 4-24-96 as an emergency;
				  operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-22-96 or emergency language will be repealed by
				  operation of law on the following day.
5. Repealed by operation of
				  Government Code section
				  11346.1(g)
				  (Register 96, No.
				  35).
6.
				  New section filed 8-26-96 as an emergency; operative 8-26-96 (Register 96, No.
				  35).
				  A Certificate of Compliance must be transmitted to OAL by 12-24-96 or emergency
				  language will be repealed by operation of law on the following
				  day.
7. Repealer filed 12-10-96; operative 12-10-96 (Register 96,
				  No. 50).
Note: Authority cited: Sections
					 208 and
					 25150, Stats. 1994, c. 435 (S.B.
					 923), Section
					 3, Health and Safety Code.
					 Reference: Sections
					 208 and
					 25150, Stats. 1994, c. 435 (S.B.
					 923), Section
					 3, Health and Safety
					 Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When used in
				this article, unless otherwise defined in Health and Safety Code (H&SC)
				Section 25396 (as it read on June 26,
				2012), the following terms have the meanings given below:
(1) "Community benefit" means an equitable
				factor that will be used in conjunction with other equitable factors listed in
				H&SC Section
				25398.8 (as it read on June 26,
				2012) that DTSC shall consider when conducting its apportionment of liability.
				Community benefit may consider protection of public health and the benefit to
				the environment that may be realized by members of the public and the affected
				community by implementation of the response action.
(2) "Department" means the Department of
				Toxic Substances Control.
(3)
				"Expedited Remedial Action Program" means the program that was created pursuant
				to H&SC Section
				25396 (as it read on June 26,
				2012) et seq. of the Expedited Remedial Action Reform Act of 1994.
(4) "Fiscal Year" is the period of the year
				beginning July 1 and ending the following calendar year on June 30.
(5) "National Priorities List" means the
				list, compiled by the United States Environmental Protection Agency pursuant to
				the Comprehensive Environmental Response, Compensation, Liability Act of 1980
				(42 U.S.C. Section
				9605), of uncontrolled hazardous releases in
				the United States that are priorities for long-term remedial evaluation and
				response.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.2 - Response Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Response costs are all costs described in subdivision (t) of H&SC Section
				25396 (as it read on June 26,
				2012) including, but not limited to:
(1) The
				cost of preparing and reviewing a Preliminary Endangerment Assessment (PEA)
				including, but not limited to, the cost of collecting, reviewing, and analyzing
				data or any activities necessary to complete the PEA.
(2) Costs associated with the Department's
				preparation of a recommendation to the Site Designation Committee pursuant to
				subdivision (b) of H&SC Section
				25396.5 (as it read on June 26,
				2012).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.3 - Requirements for a Completed Preliminary Endangerment Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In making its
				recommendation to the Site Designation Committee pursuant to Health and Safety
				Code section
				25396.5
				(as it read on June 26, 2012), the Department shall consider the condition set
				forth in H&SC section
				25396.6(b) (as it
				read on June 26, 2012) to be satisfied if the responsible person or persons
				requesting selection of the site have submitted documents that the Department
				determines constitute a completed Preliminary Endangerment Assessment (PEA) and
				the PEA:
(1) provides sufficient information
				for the Department to determine that current or past waste management practices
				have resulted in the release or a threatened release of hazardous substances
				which pose a threat to public health or the environment; and
(2) provides sufficient information for the
				Department to conclude that significant response actions are necessary at the
				site; and
(3) includes an analysis
				of the scope and identity of the affected community.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.4 - Site Eligibility for the National Priorities List (NPL)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may not recommend that a site be selected for
				  remediation pursuant to the Expedited Remedial Action Program if the site is
				  proposed to be listed or is listed on the National Priorities List pursuant to
				  the procedures specified in 40 Code of Federal Regulations, Part
				  300.425.
1. New section
				  filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A
				  Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 12-26-95 as an emergency; operative
				  12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted
				  to OAL by 4-24-96 or emergency language will be repealed by operation of law on
				  the following day.
3. New section refiled 4-24-96 as an emergency;
				  operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-22-96 or emergency language will be repealed by
				  operation of law on the following day.
4. Repealed by operation of
				  Government Code section
				  11346.1(g)
				  (Register 96, No. 35).
5. New section filed 8-26-96 as an emergency;
				  operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be
				  transmitted to OAL by 12-24-96 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-26-96 order, including repealer and new section, transmitted to OAL
				  10-30-96 and filed 12-10-96 (Register 96, No. 50).
7. Change without
				  regulatory effect amending NOTE filed 1-7-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 2).
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923),
					 Section 3; and Section
					 25396,
					 Health and Safety Code. Reference: Sections
					 25319.5
					 and
					 25396,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.5 - Termination of Agreements and Site Stabilization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event that a responsible person
				who has entered into an enforceable agreement with the Department pursuant to
				H&SC Section
				25398.2(b)(1) (as
				it read on June 26, 2012) fails to comply with the agreement, the Department
				may terminate the agreement and remove the site from eligibility for response
				actions pursuant to the Expedited Remedial Action Program, and may direct that
				any further response actions at that site be taken pursuant to Chapter 6.8,
				Division 20, of the H&SC, unless one or more of any other responsible
				person agree to assume the noncomplying responsible person's responsibilities
				under the agreement.
(b) A
				responsible person who has entered into an enforceable agreement with the
				Department and who fails to comply with the agreement, shall take any action
				necessary to stabilize the site in order to protect public health and the
				environment, unless one or more of any responsible persons agree to assume the
				noncomplying responsible person's responsibilities the site under the
				agreement. Actions which are necessary to stabilize the site include, but are
				not limited to, the following:
(1) Action to
				preclude the possibility that the public can come in direct contact with
				hazardous substances either through ingestion, dermal absorption, or
				inhalation.
(2) Actions to prevent
				offsite migration of hazardous substances.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.6 - Financial Assurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any agreement entered into pursuant to H&SC Section
				25398.2 (as it read on June 26,
				2012) shall require a responsible person to demonstrate to the Department the
				availability of adequate forms of financial assurance for response costs that
				will or may be assigned to the orphan share.
(b) Any responsible person who must comply
				with operation and maintenance requirements as part of a response action must
				demonstrate the availability of adequate forms of financial assurance prior to
				issuance of a certificate of completion.
(c) For the purposes of complying with
				subdivisions (a) or (b) of this section, the responsible person shall choose
				from one or more of the following options as specified below.
(1) Establish a trust fund as described in
				Section 66265.143(a).
(2) Obtain a surety bond as described in
				Section 66265.143(b).
(3) Obtain a letter of credit as described in
				Section 66265.143(c).
(4) Obtain insurance as described in Section
				66265.143(d).
(5) Submit to the financial test and
				corporate guarantee as described in Section
				66265.143(e).
(6) Or any other form of financial assurance
				deemed acceptable by the Department.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.7 - Information Gathering and Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may require any person
				identified to furnish and provide access to, upon reasonable notice,
				information or documents relating to the following matters:
(1) The identification, nature, and quantity
				of materials which have been, or are, generated, treated, stored, or disposed
				of at a site or which have been, or are, transported to a site.
(2) The nature or extent of a release or
				threatened release of a hazardous substance at or from a site.
(3) The identification of any person who may
				be responsible or have knowledge relating to a release or threatened release of
				a hazardous substance.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.9 - Orphan Share Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department's recommendation as to whether a site should
				  be selected for the Expedited Remedial Action Program shall include a
				  determination of whether the site has an orphan share. For those sites already
				  selected for the Expedited Remedial Action Program, the Department shall make a
				  determination as to whether sites are an orphan share site within 30 days of
				  the effective date of this regulation, unless that determination already has
				  been made by the Department or the Site Designation Committee. No more than ten
				  sites may be determined to have an orphan share.
1. New section
				  filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A
				  Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 12-26-95 as an emergency; operative
				  12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted
				  to OAL by 4-24-96 or emergency language will be repealed by operation of law on
				  the following day.
3. New section refiled 4-24-96 as an emergency;
				  operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-22-96 or emergency language will be repealed by
				  operation of law on the following day.
4. Repealed by operation of
				  Government Code section
				  11346.1(g)
				  (Register 96, No. 35).
5. New section filed 8-26-96 as an emergency;
				  operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be
				  transmitted to OAL by 12-24-96 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-26-96 order, including repealer and new section, transmitted to OAL
				  10-30-96 and filed 12-10-96 (Register 96, No. 50).
7. Change without
				  regulatory effect amending NOTE filed 1-7-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 2).
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923),
					 Section 3; and Section
					 25396,
					 Health and Safety Code. Reference: Section
					 25396,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.10 - Modification of Orphan Share Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time the Department proposes an
				apportionment of liability for response costs at a site, it may change its
				determination regarding whether a site has an orphan share under the following
				circumstances:
(1) The Site was determined to
				have an orphan share pursuant to Section
				67401.9 and the Department finds
				that no orphan share actually exists.
(2) The Site was determined not to have an
				orphan share pursuant to Section
				67401.9 and the Department makes
				the following findings:
[A] An orphan share
				actually exists;
[B] Not more than
				ten sites, for which response actions are being conducted pursuant to the
				Expedited Response Action Program, have been determined to have an orphan share
				pursuant to Section
				67401.9; and
[C] There are funds available in the trust
				fund to cover all response costs that will be assigned to the orphan share
				after payment of any claims already received for response costs that have been
				allocated to an orphan share at other sites in the Expedited Remedial Action
				Program.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.11 - Allocation of Orphan Share

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The following factors shall be used by the Department to determine when a
				responsible person cannot be located or identified, or when a responsible
				person is considered insolvent. The factors that shall guide the Department in
				allocating response costs to an orphan share shall include, but are not limited
				to, the following:
(1) A responsible person
				cannot be located when the Department determines that the responsible person is
				deceased and there are no assets remaining in the estate of the deceased, and
				there is no successor in liability.
(2) A responsible person shall be considered
				insolvent if the Department makes a finding pursuant to H&SC Section
				25396(j) (as it
				read on June 26, 2012).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.12 - Procedures for Filing Claims Against the Expedited Site Remediation Trust Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Within 3 months after the Department has approved a request for a certificate
				of completion pursuant to H&SC Section
				25398.15 (as it read on June 26,
				2012), responsible persons who entered into and are in compliance with an
				enforceable agreement with the Department pursuant to H&SC Section
				25398.2(b)(1) (as
				it read on June 26, 2012) may file a claim with the Department for
				reimbursement of the portion of the response action allocated to an orphan
				share pursuant to H&SC Section
				25398.8 (as it read on June 26,
				2012). For purposes of this section, the Department will only accept one
				consolidated claim for a reimbursement of response costs allocated to an orphan
				share from responsible persons who have signed an enforceable agreement
				pursuant to H&SC Section
				25398.2(b)(1) (as
				it read on June 26, 2012). Responsible persons filing such a claim shall comply
				with the following claims procedures for reimbursement by the Expedited Site
				Remediation Trust Fund:
(1) The responsible
				person shall file a written claim with the Department. All claims must be filed
				with the Department by March 1 of each year to be considered for distribution
				of funds appropriated for that fiscal year.
(2) All claims filed by the responsible
				person shall include copies of the following: the enforceable agreement entered
				into pursuant to H&SC Section
				25398.2(b)(1) (as
				it read on June 26, 2012), the Department's apportionment of liability
				conducted pursuant to H&SC Section
				25398.8 (as it read on June 26,
				2012), and an accounting of response costs defined in subdivision (t) of
				H&SC Section
				25396 (as it read on June 26,
				2012) and Section
				67401.2, and any other information
				requested by the Department deemed appropriate in determining the legitimacy of
				the claim.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.13 - Distribution of Orphan Share

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Distribution of funds from the Expedited
				Site Remediation Trust Fund will be conducted annually. The distribution will
				only occur to the extent funds are available in the Expedited Site Remediation
				Trust Fund to pay claims received for response costs that have been allocated
				to an orphan share.
(b) No orphan
				share funds for a site shall be disbursed until all Department response costs
				incurred for that site have been paid.
(c) If the total of all approved claims for
				response costs that have been allocated to an orphan share for a fiscal year
				does not exceed the amount available in the Expedited Site Remediation Trust
				Fund, then each claim shall be fully funded.
(d) If the total of all approved claims for
				response costs that have been allocated to an orphan share for a fiscal year
				exceeds the amount available in the Expedited Site Remediation Trust Fund, then
				each claim shall be paid in the following manner:
(1) Payment of claims for those response
				costs that have been allocated to an orphan share shall be prorated based on
				the total sum of all approved orphan share claims for that fiscal year, except
				that all claims for amounts under $50,000.00 shall be paid in full, if there is
				a sufficient amount available in the Expedited Site Remediation Trust
				Fund.
(2) The balance of claims not
				fully paid in a fiscal year shall be carried over to subsequent fiscal years
				and either paid in full if funds are available in the Expedited Site
				Remediation Trust Fund, or prorated with claims from each
				year.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67403 - Monitoring and Inspection for Permitted Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-24-91; effective 7-1-91 (Register 91, No.
				  22).
Note: Authority cited: Section
					 208,
					 Health and Safety Code. Reference: Sections
					 25159
					 and
					 25159.5,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67409 - Closure and Post-Closure Care of Landfills at Permitted Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 5-24-91; effective 7-1-91 (Register 91, No.
				  22).
Note: Authority cited: Section
					 208,
					 Health and Safety Code. Reference: Sections
					 25159,
					 25159.5
					 and
					 25245,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 41 - Prohibited Chemical Toilet Additives › Section 67410.1 - Prohibition of Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or
				after January 1, 1979, no person in the State of California shall manufacture,
				formulate, package, import or receive from outside the State and sell or offer
				for sale within the State a material for use as a chemical toilet additive, as
				indicated on a label on the container or by any other representation by said
				person, which contains a nonbiodegradable toxic chemical substance.
(b) On or after January 1, 1979, no person
				shall sell or offer for sale at retail or wholesale within the State a material
				for use as a chemical toilet additive, as indicated on a label on the container
				or by any other representation relating to the sale of the material, which
				contains a nonbiodegradable toxic chemical substance.
(c) The foregoing provisions of this section
				shall not prohibit a person from selling or shipping to a person outside of the
				State a material for use as a chemical toilet additive, as indicated on a label
				on the container or by other representation, which contains a nonbiodegradable
				toxic chemical substance, which is manufactured, formulated, or packaged within
				the State; imported or received from outside of the State.
1. New section
				  filed 5-24-91; operative 7-1-91 (Register 91, No.
				  22).
Note: Authority cited: Section
					 25210,
					 Health and Safety Code. Reference: Section
					 25210,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 41 - Prohibited Chemical Toilet Additives › Section 67410.2 - Prohibition of Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or after January 1, 1979, no person shall use, or cause to
				  be used, a material as a chemical toilet additive which contains a
				  nonbiodegradable toxic chemical substance.
1. New section
				  filed 5-24-91; operative 7-1-91 (Register 91, No.
				  22).
Note: Authority cited: Section
					 25210,
					 Health and Safety Code. Reference: Section
					 25210,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 41 - Prohibited Chemical Toilet Additives › Section 67410.3 - Criteria for Identifying a Toxic Chemical Substance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A chemical substance shall be considered
				to be a toxic chemical for the purpose of this article if such substance
				satisfies any of the following criteria:
(1)
				the chemical substance has a 96-hour LC50 of 500
				milligrams or less per liter as determined in soft water with fathead minnows
				(Pimephales promelas) or golden shiners (Notemigonus crysoleucas) by the method
				given in Part 810 of Standard Methods for the Examination of Water and
				Wastewater (14th Edition), or with another species of test fish or another test
				method approved by the Department.
(2) The chemical substance is regulated as a
				carcinogenicity hazard by the United States Occupational Safety and Health
				Administration pursuant to Title 29, Code of Federal Regulations.
(3) The chemical substance presents a hazard
				to public health or the environment through its bioaccumulative or chronic
				toxicity properties.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 41 - Prohibited Chemical Toilet Additives › Section 67410.4 - Criteria for Identifying a Nonbiodegradable Toxic Chemical Substance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) A chemical
				substance shall be considered to be a nonbiodegradable toxic chemical substance
				for the purpose of this article if such chemical substance satisfies any of the
				following criteria:
(1) the chemical
				substance contains any of the following elements:
antimony
molybdenum
arsenic
nickel
barium
selenium
beryllium
silver
cadmium
thallium
chromium
titanium
cobalt
uranium
copper
vanadium
Lead
zinc
mercury
(2)
				the chemical substance satisfies at least one of the criteria established in
				section 67410.3 and either:
(A) under conditions of the Five-Day
				Biochemical Oxygen Demand test method, as given in Part 507 of Standard Methods
				for the Examination of Water and Wastewater (14th or 16th editions) or in a
				modification of the method approved by the Department, using unadapted settled
				domestic wastewater seed, is degraded to the extent that its initial
				concentration in the test medium is reduced by less than fifty (50) percent.
				The extent of degradation shall be determined by an analysis which establishes
				to the satisfaction of the Department the percent of the test substance which
				is undegraded at the completion of the test;
(B) under conditions of the Five-Day
				Biochemical Oxygen Demand test method, as given in Part 507 of Standard Methods
				for the Examination of Water and Wastewater (14th or 16th editions) or of a
				modification of the method approved by the Department is degraded to a residue
				which contains a toxic chemical substance.