Title HSC, California Health & Safety Code

For purposes of this article, the following definitions apply: (a) “Agricultural drainage water” means subsurface water or perched groundwater which is drained from beneath agricultural lands and which results from agricultural irrigation. (b) “Free liquids” mean liquids which re…

Notwithstanding any other provision of law, except as provided in Section 26179.9, no person shall dispose of liquid waste, liquid hazardous waste, or hazardous waste containing free liquids in a hazardous waste landfill. (Repealed and added by Stats. 1995, Ch. 638, Sec. 15. Effe…

In developing new programs and carrying out this chapter, the department shall promote the following waste management practices in order of priority: (a) Reduction of hazardous waste generated. (b) Recycling of hazardous waste. (c) Treatment of hazardous waste. (d) Land disposal …

(a) Notwithstanding any other provision of law, except as provided in this article, any hazardous waste restricted from land disposal by the federal act, or by the Environmental Protection Agency pursuant to the federal act, or by the department pursuant to Section 25179.6, is pr…

(a) (1) A land disposal restriction, treatment standard, or land disposal criteria adopted by the department pursuant to former Article 7.7 (commencing with Section 25179.1), which article was repealed by the act adding this section, pursuant to this section, shall remain in effe…

(a) The department may, upon receipt of a petition, designate treatment technologies certified pursuant to Section 25200.1.5 in accordance with this article. For each designated treatment technology, the department shall specify the types or categories of hazardous wastes that ca…

(a) Except as provided in subdivision (d), the department may grant a variance from the requirements of Sections 25179.5 and 25179.6 for a hazardous waste, consistent with Section 25143. (b) The department may grant a variance from the requirements of Section 25179.6 for agricult…

Lab packs which contain hazardous waste that has not been restricted or prohibited by the Environmental Protection Agency pursuant to Section 3004 of the federal act, are exempt from the requirements of Sections 25179.3 and 25179.6 if they are disposed of in accordance with the r…

(a) The Legislature hereby finds and declares as follows: (1) The United States Environmental Protection Agency has estimated that 90 percent of the 9 to 10 million metric tons of hazardous waste produced in California each year is improperly disposed. (2) Approximately 50 percen…

(a) The director shall establish a Hazardous Waste Enforcement Unit within the department and shall appoint an enforcement coordinator to administer that unit and carry out the duties specified in subdivision (b). (b) The enforcement coordinator shall do all of the following: (1)…

(a) The department shall establish a statewide Hazardous Waste Strike Force which shall consist of a representative from each of the following agencies: (1) The Department of Transportation. (2) The Department of Industrial Relations. (3) The Department of Food and Agriculture. (…

This article shall be funded from the department’s existing resources. (Amended by Stats. 1987, Ch. 984, Sec. 4.)

(a) For purposes of this section, “state department” means the State Department of Health Services. (b) Except as provided in subdivision (c), the analysis of any material required by this chapter shall be performed by a laboratory certified by the state department pursuant to Ar…

As used in this article, unless the context clearly indicates otherwise, the following definitions apply: (a) “Indian country” has the same meaning as set forth in Section 1151 of Title 18 of the United States Code. (b) “Tribe” means an Indian tribe, band, nation, or other organi…

(a) Upon receipt of a written request from any tribe considering a proposal to construct each hazardous waste facility in that tribe’s Indian country within this state, the secretary shall convene negotiations for purposes of reaching a cooperative agreement pursuant to this arti…

(a) The secretary may enter into any cooperative agreement which meets the requirements of this article. (b) Each cooperative agreement shall include, but shall not be limited to, all requirements determined to be necessary to meet the requirements of subdivision (e) to do all of…

(a) A tribe shall be eligible for technical assistance to the extent feasible, from the agencies specified in subdivision (b) of Section 25198.3, for the design, establishment, and implementation of a permit system, cooperative monitoring programs, a tribal enforcement system, an…

(a) Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 25198.3 to review any draft tribal permit and any applicable federal permit to determine whether it contains all conditions sufficient to do all of the following: (1) Meet the…

(a) Nothing in this article shall limit or expand, or be construed to limit or expand, the jurisdiction of any state agency specified in subdivision (b) of Section 25198.3 or any tribal agency with respect to any hazardous waste facility located in Indian country, including, but …

(a) The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the terms of the cooperative agreement as a contract, and shall not limit the availability to either party of any remedy at la…

A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state. (Added by Stats. 1991, Ch. 805, Sec. 3.)

Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 25198.3, or against the secretary, who is alleged to have approved or certified the sufficiency of any cooperative agreement or permit in v…

(a) The Legislature finds and declares as follows: (1) Existing laws require numerous permits before a hazardous waste facility can be constructed and operated. The permits are issued by governmental agencies, at both the state and local levels under land use planning, zoning, ha…

Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Appeal board” means an appeal board established pursuant to Section 25199.10. (b) “Hazardous waste facility project” means a project undertaken for the purpose of siting…

(a) If an appeal is filed pursuant to subdivision (b), (d), or (e) of Section 25199.9, or paragraph (3) of subdivision (c) of Section 25199.9, the Governor or the Governor’s designee shall determine within five working days whether the proponent has obtained all permits for the s…

(a) An appeal board convened by the Governor or the Governor’s designee to hear an appeal pursuant to subdivision (b) or (c) of Section 25199.9 shall follow the procedures and requirements specified in this section. (b) Within 30 days after the Governor or the Governor’s designee…

(a) An appeal board convened by the Governor or the Governor’s designee to hear an appeal pursuant to subdivision (d) or (e) of Section 25199.9 shall follow the procedures and requirements specified in this section. (b) Within 30 days after the Governor or the Governor’s designee…

The final decision of the appeal board concerning an appeal authorized pursuant to Section 25199.9 shall be deemed to be the final administrative action of the appeal board. (Added by Stats. 1986, Ch. 1504, Sec. 8.)

Except as otherwise provided in this article, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code applies to all public agencies which make a land use decision or issue a permit for a hazardous waste facility project, as specified in Sectio…

(a) Notwithstanding any other provision of law, an applicant for a hazardous waste facility project may submit applications for a land use decision and for one or more permits to the appropriate public agencies simultaneously. Unless a state agency is prohibited by statute from a…

(a) At the request of an applicant, the legislative body of a local agency shall, within 60 calendar days after the local agency has determined that an application for a land use decision for a hazardous waste facility project is complete, issue an initial written determination o…

(a) Section 65943 of the Government Code does not apply to the department’s review of applications for a hazardous waste facilities permit. The department shall review for completeness each application for a hazardous waste facilities permit and notify the applicant in writing wh…

(a) At least 90 days before filing an application for a land use decision for a specified hazardous waste facility project with a local agency, the proponent shall file a notice of intent to make the application with the Department of Toxic Substances Control and with the applica…

(a) If an action or proceeding has been commenced in any court to attack, review, set aside, void, or annul the acts or decisions of a lead agency for a specified hazardous waste facility project on the grounds of noncompliance with Division 13 (commencing with Section 21000) of …

(a) A proponent may file an appeal of a land use decision made by a local agency for a specified hazardous waste facility project with the Governor or the Governor’s designee pursuant to subdivision (b), (c), or (d) and any interested person may file an appeal of a land use decis…

For purposes of this article, the following definitions apply: (a) “Board” means the State Board of Equalization. (b) “Facility” means any units or other structures, and all contiguous land, used for the treatment, storage, disposal, or recycling of hazardous waste, for which a p…

(a) Notwithstanding any other provision of law or regulation, for the 1993 reporting period, the deadline for submitting permit-by-rule fixed treatment unit facility-specific notifications and unit-specific notifications is April 1, 1993, or 60 days prior to commencing the first …

(a) The department shall establish an identification number certification system to annually verify the accuracy of information related to generators, transporters, and facilities authorized to treat, store, or dispose of hazardous waste. Each entity issued an identification numb…

Notwithstanding any other provision of law, no facility for any reporting period prior to 1994 shall be a “disposal facility” for purposes of the annual facility fee if that facility had a permit or interim status document issued by the department which designated that facility o…

(a) If a facility has a permit or an interim status document which sets forth the facility’s allowable capacity for treatment or storage, the facility’s size for purposes of the annual facility fee pursuant to Section 25205.2 shall be based upon that capacity, except as provided …

(a) If a facility has a permit or an interim status document which sets forth the facility’s type, pursuant to Section 25205.1, as either treatment, storage, or disposal, the facility’s type for purposes of the annual facility fee pursuant to Section 25205.2 shall be rebuttably p…

(a) (1) For purposes of subdivisions (c) and (d), a facility or unit is “small” if 0.5 tons (1,000 pounds) or less of hazardous waste remain after closure, “medium” if more than 0.5 tons (1,000 pounds), but less than 1,000 tons, of hazardous waste remain after closure, and “large…

(a) (1) The Board of Environmental Safety shall establish, by regulation, a schedule of rates for the fee authorized by Section 25205.2, to be applicable commencing July 1, 2023, and may adjust the schedule of rates no more frequently than once per year thereafter and no later th…

(a) Notwithstanding Section 25205.2, a disposal facility operator that is a government agency shall be subject to a maximum facility fee of ten thousand dollars ($10,000) for any reporting period of 12 months and five thousand dollars ($5,000) for any reporting period of six mont…

(a) On and after January 1, 2022, for hazardous waste imported into this state for purposes of treatment, recycling, or disposal, the operator of the facility receiving the imported hazardous waste shall pay the applicable generation and handling fee. (b) This section shall becom…

Notwithstanding Chapter 3 (commencing with Section 43151) of Part 22 of Division 2 of the Revenue and Taxation Code, at the request of any party contesting any fee imposed pursuant to this chapter or Part 2 (commencing with Section 78000) of Division 45, the department may hold a…