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Earlier editions: 2020-112018-112026-09

DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE 78000-81050›PART 2. HAZARDOUS SUBSTANCE ACCOUNT 78000-81050›CHAPTER 1. General Provisions 78000-78185›ARTICLE 3. Definitions 78035-78170

§ 78075

California Health and Safety Code · 2026-10 edition · updated 2026-10-04 · California

(a) “Hazardous substance” means:

(1) Any substance designated pursuant to Section 1321(b)(2)(A) of Title 33 of the United States Code.

(2) Any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602).

(3) Any hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the federal Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress.

(4) Any toxic pollutant listed under Section 1317(a) of Title 33 of the United States Code.

(5) Any hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code.

(6) Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code.

(7) Any hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded.

(b) “Hazardous substance” does not include:

(1) Petroleum, including crude oil or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance in paragraphs (1) to (6), inclusive, of subdivision (a), and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and synthetic gas usable for fuel).

(2) Ash produced by a resource recovery facility utilizing a municipal solid waste stream.

(3) Nontoxic, nonflammable, noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers.

(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

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