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 7 - Requirements for Management of Spent Lead-Acid Storage Batteries › Section 66266.81 - Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  provided in subsection (a)(1) of this section, a person who manages spent
				  lead-acid storage batteries which are equivalent in type and equivalent to, or
				  smaller in size than, spent lead-acid storage batteries removed from motor
				  vehicles as defined in Vehicle Code sections
				  415 and
				  670 shall
				  comply with the applicable requirements of subsections (a)(2) through (d) of
				  this section.
(1) A person (e.g., automobile
				  owner, service station operator, retail store operator) who generates in one
				  year, stores at one time, or transports at one time in one vehicle ten or fewer
				  spent lead-acid storage batteries which either have been removed from motor
				  vehicles as defined in Vehicle Code sections
				  415 and
				  670, or are
				  equivalent in type and equivalent to, or smaller in size than, such batteries,
				  shall be exempt from the requirements of this division pertaining to the
				  generation, storage, and transportation of a hazardous waste with respect to
				  the management of such batteries, provided that the person intends to or does
				  transfer the batteries to a person who stores the batteries or who recycles,
				  uses, reuses or reclaims the batteries.
(2) A person who transfers spent lead-acid
				  storage batteries to a person described in subsection (a)(3) of this section
				  shall be exempt from the requirements of this division pertaining to the
				  generation, storage, and transportation of a hazardous waste with respect to
				  the management of such batteries.
(3) Except as provided in subsection (a)(4)
				  of this section, a person who accepts spent lead-acid storage batteries in
				  exchange or partial exchange for operable lead-acid storage batteries shall be
				  exempt from the requirements of this division pertaining to the generation and
				  storage of a hazardous waste with respect to the management of such batteries,
				  unless:
(A) The person stores more than one
				  ton of such batteries at any one location for more than 180 days; or
(B) The person stores one ton or less of such
				  batteries at any one location for more than one year; or
(C) The person removes the
				  electrolyte.
(4) Except
				  as provided otherwise in subsections (a)(2) and (a)(3) of this section, a
				  person who generates spent lead-acid storage batteries shall be exempt from the
				  requirements of this division pertaining to the generation and storage of a
				  hazardous waste with respect to the management of such batteries, except as
				  follows:
(A) The generator shall use either
				  the manifest or a bill of lading which fulfills the requirements of Title
				  13 CCR
				  section 1161, to record the shipment of spent
				  lead-acid storage batteries to a person who stores the batteries or who uses,
				  reuses, recycles or reclaims the batteries or their components.
(B) The generator shall retain, at the
				  generator's place of business for at least three years, a legible copy of each
				  manifest or bill of lading which identifies spent lead-acid storage batteries
				  shipped to a person who stores the batteries or who uses, reuses, recycles or
				  reclaims the batteries or their components.
(C) If the generator ships spent lead-acid
				  storage batteries to a facility where the batteries will be disposed, the
				  generator shall comply with all of the requirements of this division pertaining
				  to the management of a hazardous waste.
(5) A person who transports spent lead-acid
				  storage batteries shall be exempt from the requirements of this division
				  pertaining to the transportation of a hazardous waste with respect to the
				  management of such batteries except as follows:
(A) The transporter shall use either the
				  manifest or a bill of lading which fulfills the requirements of Title
				  13 CCR
				  section 1161, to record the transportation of
				  spent lead-acid storage batteries to a person who stores the batteries or who
				  uses, reuses, recycles or reclaims the batteries or their components.
(B) The transporter shall retain at the
				  transporter's place of business for at least three years a legible copy of each
				  manifest or bill of lading which identifies spent lead-acid storage batteries
				  hauled to a person who stores the batteries or who uses, reuses, recycles or
				  reclaims the batteries or their components.
(C) The transporter shall submit to the
				  Department by March 1 of each calendar year beginning March 1, 1986, an annual
				  report summarizing for the preceding calendar year information including, but
				  not limited to, the identities of the generator and the recipient of the
				  batteries, on a form approved by the Department.
(D) If the transporter hauls spent lead-acid
				  storage batteries to a facility where the batteries will be disposed, the
				  transporter shall comply with all of the requirements of this division
				  pertaining to the management of a hazardous waste.
(6) A person who owns or operates a facility
				  which stores either more than one ton of spent lead-acid storage batteries at
				  any one location for 180 days or less or one ton or less of such batteries at
				  any one location for one year or less and who transfers the batteries off-site
				  for use, reuse, recycling or reclamation, shall be exempt from the requirements
				  of this division as they pertain to the owner or operator of a hazardous waste
				  storage facility with respect to the management of such batteries, except as
				  follows:
(A) The owner or operator shall
				  accept either the manifest or a bill of lading which fulfills the requirements
				  of Title 13 CCR section 1161, in lieu of
				  the manifest to record the acceptance of spent lead-acid storage batteries for
				  storage.
(B) The owner or operator
				  shall retain at the owner's or operator's place of business for at least three
				  years, a legible copy of each manifest or bill of lading which identifies spent
				  lead-acid storage batteries accepted for storage.
(C) The owner or operator shall submit to the
				  Department by March 1 of each calendar year beginning March 1, 1986, an annual
				  report summarizing for the previous calendar year information including, but
				  not limited to, the identities of the generator and the transporter of the
				  batteries, on a form approved by the Department.
(D) The owner or operator shall store spent
				  lead-acid storage batteries in accordance with the packaging requirements of
				  Title 49 CFR section
				  173.260 and shall label the packaged
				  batteries with the date they were received. The labeling shall be written in
				  ink, paint, or other weather-resistant material such that the date is legible
				  and conspicuous.
(7) A
				  person who owns or operates a facility which stores either more than one ton of
				  spent lead-acid storage batteries at any one location for more than 180 days,
				  or one ton or less of such batteries at any one location for more than one
				  year, or which removes electrolyte from such batteries for purposes of
				  recycling either the batteries or their components (e.g., the lead, the cases
				  or other components) shall comply with all of the requirements of this division
				  pertaining to the owner or operator of a hazardous waste facility, except as
				  follows:
(A) The owner or operator shall
				  accept either the manifest or a bill of lading which fulfills the requirements
				  of Title 13 CCR section 1161, to record the
				  receipt of spent lead-acid storage batteries for storage or for
				  recycling.
(B) The owner or
				  operator shall retain at the owner's or operator's place of business for at
				  least three years, a legible copy of each manifest or bill of lading which
				  identifies spent lead-acid storage batteries accepted for storage or for
				  recycling.
(C) The owner or
				  operator shall submit to the Department by March 1 of each calendar year
				  beginning March 1, 1986 an annual report summarizing for the previous calendar
				  year information including, but not limited to, the identities of the generator
				  and the transporter of the batteries, on a form approved by the
				  Department.
(D) The owner or
				  operator shall store spent lead-acid storage batteries in accordance with the
				  packaging requirements of Title
				  49 CFR section
				  173.260 and shall label the packaged
				  batteries with the date they were received. The labeling shall be written in
				  ink, paint, or other weather resistant material such that the date is legible
				  and conspicuous.
(8) A
				  person who treats spent or damaged lead-acid storage batteries is subject to
				  all requirements of this division.