California Health and Safety Code § 25123.3

Health and Safety Code
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(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 read on January 1, 1994. (2) “Remediation waste staging” means the temporary accumulation of non-RCRA contaminated soil that is generated and held onsite, and that is accumulated for the purpose of onsite treatment pursuant to a certified, authorized, or permitted treatment method, such as a transportable treatment unit, if all of the following requirements are met: (A) The hazardous waste being accumulated does not contain free liquids. (B) The hazardous waste is accumulated on an impermeable surface, such as high density polyethylene (HDPE) of at least 20 mils that is supported by a foundation, or high density polyethylene of at least 60 mils that is not supported by a foundation. (C) The generator provides controls for windblown dispersion and precipitation runoff and run-on and complies with any stormwater permit requirements issued by a regional water quality control board. (D) The generator has the accumulation site inspected weekly and after storms to ensure that the controls for windblown dispersion and precipitation runoff and run-on are functioning properly. (E) The staging area is certified by a registered engineer for compliance with the standards specified in subparagraphs (A) to (D), inclusive. (3) “Transfer facility” means any offsite facility that is related to the transportation of hazardous waste, including, but not limited to, loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (b) “Storage facility” means a hazardous waste facility at which the hazardous waste meets any of the following requirements: (1) The hazardous waste is held for greater than 90 days at an onsite facility. The department may establish criteria and procedures to extend that 90-day period, consistent with the federal act, and to prescribe the manner in which the hazardous waste may be held if not otherwise prescribed by statute. (2) The hazardous waste is held for any period of time at an offsite facility that is not a transfer facility. (3) (A) Except as provided in subparagraph (B), the waste is held at a transfer facility and any one of the following apply: (i) The transfer facility is located in an area zoned residential by the local planning authority. (ii) The transfer facility commences initial operations on or after January 1, 2005, at a site located within 500 feet of a structure identified in paragraphs (1) to (5), inclusive, of subdivision (c) of Section 25227. (iii) The hazardous waste is held for a period greater than six days at a transfer facility that is located in an area that is not zoned industrial or agricultural by the local planning authority. (iv) The hazardous waste is held for a period greater than 10 days at a transfer facility that is located in an area that is zoned industrial or agricultural by the local planning authority. (v) The hazardous waste is held for a period greater than six days at a transfer facility that commenced initial operations before January 1, 2005, is located in an area zoned agricultural by the local planning authority, and is located within 500 feet of a structure identified in paragraphs (1) to (5), inclusive, of subdivision (c) of Section 25227. (B) (i) Notwithstanding subparagraph (A), a transfer facility located in an area that is not zoned residential by the local planning authority is not a storage facility, if the only hazardous waste held at the transfer facility is hazardous waste that is generated as a result of an emergency release and that hazardous waste is collected and temporarily stored by emergency rescue personnel, as defined in Section 25501, or by a response action contract

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