SECTIONS 25198 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25198

25198. (a) For purposes of this section, "state department" means
the State Department of Health Services.
(b) Except as provided in subdivision (c), the analysis of any
material required by this chapter shall be performed by a laboratory
certified by the state department pursuant to Article 3 (commencing
with Section 100825) of Chapter 4 of Part 1 of Division 101, except
that laboratories previously issued a certificate under this section
shall be deemed certified until the time that certification under
Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of
Division 101 has been either granted or denied, but not beyond the
expiration date shown on the certificate previously issued under this
section.
(c) The requirements of subdivision (b) shall not apply to
analyses performed by a laboratory pursuant to the facility's waste
analysis plan, that is prepared in accordance with the regulations
adopted by the Department of Toxic Substances Control pursuant to
this chapter, if both of the following conditions are met:
(1) The laboratory is owned or operated by the same person who
owns or operates the facility at which the waste will be managed, and
the facility is a hazardous waste treatment, storage, or disposal
facility that is required to obtain a hazardous waste facilities
permit pursuant to Article 9 (commencing with Section 25200).
(2) The analysis is conducted for any of the following purposes:
(A) To determine whether a facility will accept the hazardous
waste for transfer, storage, or treatment, as described in paragraph
(3) of subdivision (a) of Section 66264.13 of, and paragraph (3) of
subdivision (a) of Section 66265.13 of, Title 22 of the California
Code of Regulations, as those sections read on January 1, 2001.
(B) To ensure that the analysis used to determine whether a
facility will accept the hazardous waste for transfer, storage, or
treatment is accurate and up to date, as described in paragraph (4)
of subdivision (a) of Section 66264.13 of, and paragraph (4) of
subdivision (a) of Section 66265.13 of, Title 22 of the California
Code of Regulations, as those sections read on January 1, 2001.
(C) To determine whether the hazardous waste received at the
facility for transfer, storage, or treatment matches the identity of
the hazardous waste designated on an accompanying manifest or
shipping paper, as described in paragraph (5) of subdivision (a) of
Section 66264.13 of, and paragraph (5) of subdivision (a) of Section
66265.13 of, the California Code of Regulations, as those sections
read on January 1, 2001.
(d) An analysis performed in accordance with subdivision (c) is
not an analysis performed for regulatory purposes within the meaning
of paragraph (19) of subdivision (c) of Section 100825.
(e) The exemption provided by subdivision (c) does not exempt the
analyses of waste for purposes of disposal from the requirements of
subdivision (b) requiring certified laboratory analyses. The analyses
described in subdivision (c) are not exempt from any other
requirement of law, regulation, or guideline governing quality
assurance and quality control.
(f) No person or public entity of the state shall contract with a
laboratory for environmental analyses for which certification is
required pursuant to this chapter, unless the laboratory holds a
valid certificate.