SECTIONS 41980-41983 - California Statutes

HEALTH AND SAFETY CODE

SECTION 41980-41983

41980. The Legislature finds and declares that:
(a) Incineration has not been used extensively in California as a
means of disposal of toxic waste materials, primarily because of the
extensive area available for landfill, the low cost of landfill as a
method of disposal, and problems with air pollution.
(b) Because problems may result from disposing of certain toxic
waste materials in landfills, incineration should be investigated as
a method of disposal.
(c) Incineration of certain toxic waste materials has the
advantage, when compared to disposal by landfill, of breaking down
toxic waste materials into harmless compounds or elements.
(d) The incineration of certain toxic waste materials can result
in the net production of energy, which can help to displace the
combustion of fossil fuels and reduce dependence on imported energy
supplies.
(e) Improper or incomplete incineration of toxic waste materials
can result in emissions of compounds in amounts or concentrations
which may be hazardous to public health, and hazardous to
economically or environmentally significant animal or plant life.
Therefore, it is the intent and purpose of the Legislature to
investigate the methods of ensuring that emissions from incineration
of toxic wastes do not endanger public health and welfare, while
determining what appropriate role incineration could play in reducing
the landfilling of toxic waste materials in California.

41980.5. For purposes of this article, "toxic waste" means
hazardous waste, as defined in Section 25117.

41982. The state board shall, after completing the study referred
to in Section 41981, in consultation with the affected districts, the
Department of Toxic Substances Control, and the Office of
Environmental Health Hazard Assessment, and after public hearings,
establish guidelines for the issuance of permits by the districts for
the incineration of toxic waste materials. The guidelines shall take
into consideration factors including, but not limited to, the
following:
(a) The characteristics of the toxic waste materials to be
incinerated.
(b) The methods or equipment available to minimize or eliminate
the emission of air contaminants.
(c) The applicable federal standards, including, but not limited
to, the regulations in Part 264 of Title 40 of the Code of Federal
Regulations (40 CFR 264) concerning standards for owners and
operators of hazardous waste treatment, storage, and disposal
facilities. Where the guidelines deviate from the adopted federal
standards, the reason for the difference shall be noted by the state
board.

41983. (a) This article shall not be construed as preventing any
district from establishing permit criteria more stringent than the
guidelines specified in Section 41982.
(b) This article shall not be construed as limiting the authority
of the Department of Toxic Substances Control concerning hazardous
waste control (Chapter 6.5 (commencing with Section 25100) of
Division 20), or any regulations adopted pursuant to those
provisions.