SECTIONS 25217-25217.4 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25217-25217.4

25217. For the purposes of this article, "recyclable latex paint"
means any water-based latex paint, still in liquid form, that is
transferred for the purposes of being recycled.

25217.1. No person shall dispose of, or attempt to dispose of,
liquid latex paint in the land or into the waters of the state unless
authorized by applicable provisions of law.

25217.2. (a) Recyclable latex paint may be accepted at any location
if all of the following conditions are met:
(1) The location manages the recyclable latex paint in accordance
with all applicable latex paint product management procedures
specified by federal, state, or local law or regulation which
include, at a minimum, that the recyclable latex paint is stored and
handled in a manner that minimizes the chance of exposing the handler
and the environment to potentially hazardous constituents that may
be in, or have been incidentally added to, the recyclable latex
paint.
(2) Any latex paint that is accepted as recyclable by the location
and which is later discovered to be nonrecyclable shall be deemed to
be a waste generated at the location where this discovery is made
and this latex paint shall be managed as a waste in accordance with
this chapter.
(3) The owner or operator of the location has a business plan that
meets the requirements of Section 25504, if required by the
administrating agency, including, but not limited to, emergency
response plans and procedures, as described in subdivision (b) of
Section 25504. The plans and procedures shall specifically address
recyclable latex paint or meet the department's emergency response
and contingency requirements which are applicable to generators of
hazardous waste.
(4) If the recyclable latex paint is not excluded or exempted from
regulation under Chapter I (commencing with Section 1.1) of Title 40
of the Code of Federal Regulations, the location meets all
applicable federal requirements.

25217.3. (a) Notwithstanding Sections 25160 and 25163, a person may
transport recyclable latex paint without the use of a manifest or
obtaining registration as a hazardous waste hauler if the transporter
complies with this article.
(b) A person transporting recyclable latex paint shall use a bill
of lading to document the transportation of recyclable latex paint
from collection locations, or any interim locations, to a recycling
facility, whenever the transportation involves a change in ownership
of the recyclable latex paint. A copy of the bill of lading shall be
kept by the originating location, transporter, and destination of the
recyclable latex paint for a period of at least three years and
shall include all of the following information:
(1) The name, address, and telephone number of the originating
location, the transporter, and the destination of the recyclable
latex paint.
(2) The quantity of the recyclable latex paint being transported.
(3) The date on which the transporter accepts the recyclable latex
paint from the originating location.
(4) The signatures of the transporter and a representative of the
originating location.

25217.4. A person may recycle recyclable latex paint at a facility
which is not authorized by the department pursuant to the applicable
hazardous waste facilities permit requirements of Article 9
(commencing with Section 25200) if the person complies with Section
25217.2.