Section 25143.9 - Exclusion of recyclable material from classification as wasteA recyclable material shall not be excluded from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless all of the following requirements are met:
(a) The material is held in a container, tank, containment building, or waste pile that is labeled, marked, and placarded in accordance with the department's hazardous waste labeling, marking, and placarding requirements applicable to generators, except that the container, tank, or containment building shall be labeled or marked clearly with the words "Excluded Recyclable Material," instead of the words "Hazardous Waste," and manifest document numbers are not applicable. If labeling or marking the waste pile is not practicable, the required labeling or marking shall be posted on signage displayed at the location where the material is stored. If the material is used oil, the containers, aboveground tanks, and fill pipes used to transfer oil into underground storage tanks shall also be labeled or clearly marked with the words "Used Oil."(b) The material is addressed in a business plan that meets the requirements of Article 1 (commencing with Section 25500) of Chapter 6.95 for the location at which the material is generated, accumulated, or otherwise managed. If the quantity of the material is not enough to otherwise require a business plan, the business shall ensure that an emergency plan that meets the department's emergency response and contingency requirements applicable to generators of hazardous waste is available at the site.(c) The material is managed in accordance with paragraphs (1) and (2), provided that the most stringent or broadest-in-scope requirements are met:(1) The material is stored and handled in accordance with all local ordinances and codes, including, but not limited to, codes requiring secondary containment for hazardous materials storage and fire codes (for example, the California Fire Code found in Part 9 of Title 24 of the California Code of Regulations), governing the storage and handling of the hazardous material.(2) The material is managed in accordance with the department's interim status requirements applicable to generators in Chapter 12 (commencing with Section 66262.10) and Chapter 15 (commencing with Section 66265.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations, and as follows: (A) For containers, in accordance with Article 9 (commencing with Section 66265.170) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.(B) For tank systems, in accordance with Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations, except for Sections 66265.191, 66265.192, and 66265.196, subdivision (c) of Section 66265.197, and Section 66265.200.(C) For waste piles, in accordance with Article 12 (commencing with Section 66265.250) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.(D) For containment buildings, in accordance with Article 29 (commencing with Section 66265.1100) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.(d) If the material is being exported to a foreign country, the person exporting the material shall meet the requirements of Section 25162.1.Ca. Health and Saf. Code § 25143.9
Amended by Stats 2023 ch 207 (AB 1716),s 1, eff. 1/1/2024.Amended by Stats. 1994, Ch. 1154, Sec. 2. Effective January 1, 1995.