California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 10 - Hazardous Waste Management System: General › Article 3 - Variances › Section 66260.200 - Classification of a Waste as Hazardous or Nonhazardous

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A waste shall be classified a hazardous
				  waste if it meets the definition of a hazardous waste in section
				  66261.3.
(b) No person shall deviate from the
				  provisions of this chapter in the management of a hazardous waste, except as
				  provided for in section
				  66260.200(f) or
				  section 66260.210.
(c) It shall be the generator's
				  responsibility to determine if the waste is classified as a hazardous waste
				  pursuant to section
				  66260.200(a). If
				  the generator determines that the waste is hazardous, the waste shall be
				  managed pursuant to the provisions of this division. If the generator
				  determines that the waste is nonhazardous, the generator, except as provided
				  for in section
				  66260.200(f), may
				  either proceed to manage the waste as nonhazardous or apply to the Department
				  for concurrence with the nonhazardous determination through the notification
				  procedure set forth in section
				  66260.200(d)
				  before managing the waste as nonhazardous. A generator who incorrectly
				  determines that a hazardous waste is nonhazardous and fails to manage the waste
				  pursuant to the provisions of this division is in violation of the requirements
				  of this division and is subject to enforcement action.
(d) If a person chooses to obtain
				  departmental concurrence with the nonhazardous waste determination, a
				  notification shall be submitted to the Department which includes all
				  information required by section
				  66260.200(m).
				  Pending concurrence by the Department pursuant to section
				  66260.200(e),
				  that person shall manage the waste as hazardous waste.
(e) The Department, within 30 days of receipt
				  of a notification pursuant to section
				  66260.200(d),
				  shall acknowledge in writing receipt of the notification. Within 60 days of
				  receipt of a notification, the Department shall notify the sender of the
				  notification in writing that concurrence with that person's classification of
				  the waste as nonhazardous is approved, disapproved, or that the notification is
				  incomplete or inadequate and what additional information is needed. Upon
				  receipt of the additional information, the Department, within 60 days of
				  receipt of the additional information, shall notify the sender of the
				  notification in writing that concurrence of that person's classification of the
				  waste as nonhazardous is approved or disapproved. The notification shall be
				  considered disapproved if the sender of the notification fails to provide the
				  additional information within 90 days from the date the information was
				  requested. However, that person may request in writing an extension, up to 90
				  days, within which the information shall be submitted or the notification shall
				  be considered disapproved.
(f) If a
				  person wishes to classify and manage as nonhazardous a waste which would
				  otherwise be a non-RCRA hazardous waste because it has mitigating physical or
				  chemical characteristics which render it insignificant as a hazard to human
				  health and safety, livestock and wildlife, that person shall apply to the
				  Department for its approval to classify and manage the waste as nonhazardous.
				  The application for approval shall include the information required by section
				  66260.200(m). The
				  Department, within 30 days of receipt of the application, shall acknowledge in
				  writing receipt of the application. Pending written approval by the Department,
				  the applicant shall manage the waste as hazardous waste. Within 60 days of
				  receipt of an application, the Department shall notify the applicant in writing
				  that the application for classification and management of the waste as
				  nonhazardous is approved, disapproved, or that the application is incomplete or
				  inadequate and what additional information is needed. Upon receipt of the
				  additional information, the Department, within 60 days of receipt of the
				  additional information, shall notify the applicant in writing that the
				  application for classification and management of the waste as nonhazardous is
				  approved or disapproved. The application shall be considered disapproved if the
				  applicant fails to provide the additional information in writing 90 days from
				  the date the information was requested. However, the applicant may request, in
				  writing, an extension up to 90 days, within which the information shall be
				  submitted or the application shall be considered disapproved.
(g) The Department may find that the
				  notification submitted by a person pursuant to section
				  66260.200(d) or
				  the application submitted pursuant to section
				  66260.200(f) is
				  incomplete or inadequate for reasons which may include any of the following:
(1) the application is not complete or there
				  is insufficient information on which to classify the waste; or
(2) the methods used in testing or analyzing
				  the waste are not those prescribed in chapter 11 of this division, or have not
				  been approved by the Department pursuant to section
				  66260.21(a) as
				  alternative methods; or
(3)
				  sampling and sample management were not in accord with Appendix I of chapter 11
				  and Table 3 of Appendix III of chapter 11; or
(4) representative samples of the waste are
				  required pursuant to section
				  66260.200(k) in
				  order that the Department may independently assess the properties of the
				  waste.