California Health and Safety Code

§ 25143.9

HSC § 25143.9 Effective Jan 1, 2024Div. 20 · Ch. 6.5 · Art. 4

Statute text

A recyclable material shall not be excluded from classification as a waste pursuant to subdivision (b) or (d) of Section 25143.2, unless all of the following requirements are met:

(a)The material is held in a container, tank, containment building, or waste pile that is labeled, marked, and placarded in accordance with the department’s hazardous waste labeling, marking, and placarding requirements applicable to generators, except that the container, tank, or containment building shall be labeled or marked clearly with the words “Excluded Recyclable Material,” instead of the words “Hazardous Waste,” and manifest document numbers are not applicable. If labeling or marking the waste pile is not practicable, the required labeling or marking shall be posted on signage displayed at the location where the material is stored. If the material is used oil, the containers, aboveground tanks, and fill pipes used to transfer oil into underground storage tanks shall also be labeled or clearly marked with the words “Used Oil.”

(b)The material is addressed in a business plan that meets the requirements of Article 1 (commencing with Section 25500) of Chapter 6.95 for the location at which the material is generated, accumulated, or otherwise managed. If the quantity of the material is not enough to otherwise require a business plan, the business shall ensure that an emergency plan that meets the department’s emergency response and contingency requirements applicable to generators of hazardous waste is available at the site.

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Legislative history

Amended by Stats. 2023, Ch. 207, Sec. 1. (AB 1716) Effective January 1, 2024.