Title HSC — California Health & Safety Code

“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…

(a) “Retrograde material” means any hazardous material which is not to be used, sold, or distributed for use in an originally intended or prescribed manner or for an originally intended or prescribed purpose and which meets any one or more of the following criteria: (1) Has under…

“Restricted hazardous waste” includes both of the following: (a) Any hazardous waste subject to land disposal restrictions pursuant to Section 25179.6 and the regulations adopted by the department pursuant to that section. (b) Any hazardous waste which contains any of the followi…

“State operational costs” means the costs to the state of overseeing removal and remedial action, as defined in Sections 78125 and 78135, to releases of hazardous substances, as defined in subdivision (a) of Section 78075 and subdivision (a) of Section 78105, if the responsible p…

“Secretary” means the Secretary for Environmental Protection.

“Storage” means the holding of hazardous wastes, for a temporary period.

(a) For purposes of this section, the following terms have the following meanings: (1) “Liquid hazardous waste” means a hazardous waste that meets the definition of free liquids, as specified in Section 66260.10 of Title 22 of the California Code of Regulations, as that section r…

“Transportable hazardous waste treatment unit” or “transportable treatment unit” means mobile equipment which performs treatment, is transported onto a facility to perform treatment, and is not permanently stationed at a single facility.

(a) Except as provided in subdivisions (b) and (c), “treatment” means any method, technique, or process which is not otherwise excluded from the definition of treatment by this chapter and which is designed to change the physical, chemical, or biological character or composition …

“Volatile organic compound” means a compound which is a volatile organic compound according to Method No. 8240 in the Environmental Protection Agency Document No. Solid Waste 846 (1982) or any equivalent, alternative method acceptable to the department.

(a) “Unified Program Facility” means all contiguous land and structures, other appurtenances, and improvements on the land which are subject to the requirements of paragraph (1) of subdivision (c) of Section 25404. (b) “Certified Unified Program Agency” or “CUPA” means the agency…

“Universal waste” means a hazardous waste identified as a universal waste in Section 66273.9 of Title 22 of the California Code of Regulations, or as that regulation may be further amended pursuant to this chapter, or a hazardous waste designated as a universal waste pursuant to …

(a) Except as provided in subdivision (c), “waste” means any solid, liquid, semisolid, or contained gaseous discarded material that is not excluded by this chapter or by regulations adopted pursuant to this chapter. (b) For purposes of subdivision (a), a discarded material is any…

(a) The Board of Environmental Safety is hereby established in the department consisting of five voting members as follows: (1) Three members shall be appointed by the Governor subject to confirmation by the Senate. (2) One member shall be appointed by the Senate Committee on Rul…

(a) Beginning January 1, 2022, the board shall conduct no fewer than six public meetings per year, at least three of which shall be held outside the greater Sacramento area. For those meetings held outside the greater Sacramento area, the board shall meet in different geographic …

The board may form advisory subcommittees of its membership to work on any topic within the board’s jurisdiction, including, but not limited to, environmental justice and fee structure. Subcommittees formed pursuant to this section are authorized to do both of the following: (a) …

(a) The board shall have the authority to adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to enable it to carry in…

The director, or a designee, shall present and respond to the board, if requested by the board, on any issue or item brought forward by a member of the public, the ombudsperson, or a board member.

The board shall annually prepare and transmit to the Secretary for Environmental Protection an annual review of the department’s performance as compared to its objectives, including, but not limited to, the performance of the director.

(a) There is established within the board an office of the ombudsperson. The board shall appoint an ombudsperson who shall serve full time at the pleasure of the board. (b) The office of the ombudsperson shall serve as an impartial resource to the public, including stakeholders, …

The director and the chairperson of the board shall, when requested, but no less than annually, appear before the appropriate policy committees in the Assembly and Senate to provide an update on the department’s performance as compared to its objectives, including, but not limite…

The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components: (a) A data base containing information on known hazardous waste research being conducted within the state pursuant to Section 25131. (b) …