Title HSC — California Health & Safety Code

The Legislature finds that: (a) Increasing quantities of hazardous wastes are being generated in the state, for which the generators of the hazardous waste must provide safe disposal. (b) Long-term threats to public health and to air and water quality are posed by the landfill di…

The Legislature therefore declares that: (a) In order to protect the public health and the environment and to conserve natural resources, it is in the public interest to establish regulations and incentives which ensure that the generators of hazardous waste employ technology and…

The Legislature has found that access by the people of this state to public records is a fundamental and necessary right. The Legislature finds that it is necessary to further the public’s right of access to public records pertaining to hazardous waste management, information, an…

No provision of this chapter shall limit the authority of any state or local agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce and administer.

Except as expressly provided by statute, this chapter does not supersede or modify Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Unless expressly incorporated by reference by another statute, the definitions in this article govern only the construction of this chapter. Until terms used in this chapter are defined in either this chapter or in regulations adopted to implement this chapter, the corresponding …

“Acutely hazardous waste” means any hazardous waste classified as an acutely hazardous waste in regulations adopted by the department.

“Applicant” means any person seeking an original hazardous waste facilities permit, or an original hazardous waste hauler’s registration from the department to generate, transport, treat, store, recycle, dispose of or handle hazardous waste.

For purposes of this chapter, “consolidated transporter” means a hazardous waste transporter registered pursuant to Section 25165 and the regulations adopted by the department who has notified the department pursuant to Section 25165 of its intent to use the consolidated manifest…

(a) “Contained gaseous material,” for purposes of subdivision (a) of Section 25124 or any other provision of this chapter, means any gas that is contained in an enclosed cylinder or other enclosed container. (b) Notwithstanding subdivision (a), “contained gaseous material” does n…

“Authorized local health officer” means a local health officer authorized by the department pursuant to Section 25187.7.

“Board” means the Board of Environmental Safety established pursuant to Section 25125.

“Buffer zone” means an area of land that surrounds a hazardous waste facility and on which certain land uses and activities are restricted to protect the public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste.

“Business” means the conduct of activity and is not limited to a commercial or proprietary activity.

“Class I violation” means any of the following: (a) A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is any of the following: (1) The deviation repres…

For purposes of this chapter, “consolidated manifest” means a hazardous waste manifest used by a milk run transporter to combine hazardous waste shipments from multiple generators on one consolidated manifest pursuant to the procedures in Section 25160.2.

“Department” means the Department of Toxic Substances Control.

“Designated local public officer” means a local public officer designated by the director pursuant to subdivision (a) of Section 25180.

“Director” means the Director of Toxic Substances Control.

(a) “Disclosure statement” means a statement submitted to the department by an applicant, signed by the applicant under penalty of perjury, which includes all of the following information: (1) The full name, any previous name or names, business address, social security number, an…

(a) “Disposal” means either of the following: (1) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste so that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including grou…

“Disposal site” means the location where any final deposition of hazardous waste occurs.

“Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. Notwithstanding Section 25110, this definition shall apply for all California statutes, unless the context requires otherwise.

“Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantit…

“Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).

“Handling” means the transporting or transferring from one place to another, or pumping, processing, storing, or packaging of hazardous waste, but does not include the handling of any substance before it becomes a waste.

(a) “Intermediate manufacturing process stream” means a material, or combination of materials, that meets all of the following conditions: (1) It is produced as part of the manufacturing process. (2) It is used onsite on a batch or continuous basis, in either the same or in a dif…

(a) Except as provided in subdivision (d), “hazardous waste” means a waste that meets any of the criteria for the identification of a hazardous waste adopted by the department pursuant to Section 25141. (b) “Hazardous waste” includes, but is not limited to, RCRA hazardous waste. …

“Hazardous waste facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more tr…

“License” includes, but is not limited to any, permit, registration, or certification issued by any local, state, or federal agency for the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste.

“Offsite facility” means a hazardous waste facility that is not an onsite facility.

“Onsite facility” means a hazardous waste facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of, the producer of the waste.

“Land use restriction” means any limitation regarding the uses of property which may be provided by, but is not limited to, a written instrument which imposes an easement, covenant, restriction, or servitude, or a combination thereof, as appropriate, upon the present and future u…

“Permit-by-rule” means a provision of the regulations adopted pursuant to this chapter stating that a facility or activity is deemed to have a hazardous waste facilities permit if it meets the requirements of that provision.

“Hazardous waste management” or “management” means the transportation, transfer, recycling, recovery, disposal, handling, processing, storage, and treatment of hazardous waste.

(a) “Local health officer” means county health officers, city health officers, and district health officers, as defined in this code. (b) “Local officer” means a local public officer authorized to implement this chapter pursuant to subdivision (a) of Section 25180.

(a) Waste that is hazardous only because it is medical waste, as defined in the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104) shall not be governed by, subject to fees assessed by, or otherwise subject to, the requirements of this chapter…

(a) “Minor violation” means a deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is not a class I violation. (b) (1) A minor violation does not include an…

“Natural resources” includes, but is not limited to, disposal site capacity and substances which are hazardous waste, or which are in hazardous waste, the reuse of which is technologically and economically feasible.

“Notice to comply” means a written method of alleging a minor violation which is in compliance with all of the following requirements: (a) The notice to comply is written in the course of conducting an inspection of a facility by an authorized representative of the department or …

“Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, district, commission, the stat…

“Processing” means treatment, as defined in Section 25123.5.

“Producer” means any person who generates a waste material.

“RCRA hazardous waste” means all waste identified as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations and appendixes thereto.

“Recyclable material” means a hazardous waste that is capable of being recycled, including, but not limited to, any of the following: (a) A residue. (b) A spent material, including, but not limited to, a used or spent stripping or plating solution or etchant. (c) A material that …

(a) Used or spent etchants, stripping solutions, and plating solutions are spent, contaminated, or used material for purposes of this chapter. (b) Used or spent etchants, stripping solutions, and plating solutions which meet a characteristic established by or are listed by the En…

(a) “Recycled material” means a recyclable material which has been used or reused, or reclaimed. (b) “Recycled material” does not include an intermediate manufacturing process stream.

(a) “Recycling” means using, reusing, or reclaiming a recyclable material. (b) Notwithstanding subdivision (a), for purposes of the fees, taxes, and charges imposed pursuant to Article 7 (commencing with Section 25170), “recycling” means the collecting, transporting, storing, tra…

“Release” has the same definition as in Section 78105.

(a) “Remote site” means a site operated by the generator where hazardous waste is initially collected, at which generator staff, other than security staff, is not routinely located, and that is not contiguous to a staffed site operated by the generator of the hazardous waste or t…