Cal. Code Regs. Tit. 22, § 66261.124 - Classification of a Waste as a Special Waste
(a) A person who wishes to classify and
manage a hazardous waste as a special waste shall obtain prior written approval
from the Department for such classification and management. A person seeking
approval to classify and manage a hazardous waste as a special waste shall
submit an application to the Department which includes all the following
information:
(1) the name and address of the
applicant and, if different, a billing address for receipt of the fee
assessment required by Health and Safety Code section 25205.8;
(2) the address where the waste is generated
and located;
(3) a description of
the waste which shall include its source, physical state, quantity and rate of
generation;
(4) chemical analysis
data showing that the waste meets the requisites of a special waste pursuant to
section 66261.122(a)(2);
(5) chemical analysis data, chemical and
physical test data, and bioassay data, or factual information on the origin of
the waste, which establish that it meets the criteria and requirements of
special wastes in section
66261.122(a)(1)
and section
66261.122(b).
Data shall include analyses from a minimum of four representative samples as
specified in chapter nine of "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," SW-846, 3rd Edition, U.S. Environmental Protection
Agency, 1986 (incorporated by reference, see section
66260.11 of this
chapter).
(b) The
Department, within 30 days of receipt of an application for approval to
classify and manage a waste as special waste pursuant to subsection (a) of this
section, shall acknowledge in writing receipt of the application. Pending
written approval from the Department, the applicant shall manage the waste in
accordance with all provisions of this division.
(c) The Department, within 60 days of receipt
of an application for approval to classify and manage a waste as special waste
pursuant to subsection (a) of this section, shall notify the applicant in
writing that classification of the waste as special waste is approved or
disapproved or that the application is incomplete or inadequate and what
additional information is needed.
(d) If the application is incomplete or
inadequate, the Department, within 60 days of receipt of adequate additional
information, shall notify the applicant in writing that classification of the
waste as special waste is approved or disapproved.
(e) When the Department has notified the
applicant in writing that the application is incomplete or inadequate and what
additional information is needed, the application will be considered
disapproved if the applicant fails to provide the additional information within
90 days from the date the information was requested.
(f) If the applicant cannot submit the
additional information within the time frame specified in subsection (e) of
this section, the applicant shall notify the Department in writing the reason
for the delay and shall specify an additional time frame, up to 90 days, within
which the information shall be submitted.
(g) The application will be considered
disapproved if the applicant fails to provide the additional information by the
end of the additional time frame specified in subsection (f) of this
section.
(h) If the Department
disapproves the application, the Department shall specify in writing the
reason(s) for the disapproval.
(i)
Notwithstanding the time frames specified above, the Department shall not
notify the applicant of the approval or disapproval of an application until
after the applicant submits payment of the fee assessed by the Board of
Equalization pursuant to Health and Safety Code section 25205.8.
(j) Upon receipt of written approval from the
Department, the applicant may classify and manage the waste as special waste
pursuant to section
66261.126.
(k) For wastes which are continuously or
repetitively generated at the same facility, from the same process, utilizing
the same kinds of materials (with respect to origin, composition and
properties), the requirements of this section can be met by the submission of
the required information either for each separately generated quantity of the
waste or for a representative sample of the continuously or repetitively
generated waste.
Notes
Note: Authority cited: Sections 208 and 25150, Health and Safety Code and Section 15367, Government Code. Reference: Sections 25205.8 and 25150, Health and Safety Code and Section 15367, Government Code.
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