San Bernardino County Municipal Code Art. 1 Hazardous Waste Generators and Hazardous Waste On-Site Treatment CUPA…

Health and Safety Code § 25404(c)(1) is enforced by the CUPA. In addition, the following definitions and requirements of this Article shall apply to such enforcement and to enforcement of the provisions of this Article.

(Ord. 3846, passed - -2002)

GENERATOR. Any person, business or entity, by site, whose act or process produces hazardous waste identified or listed in Title 22 of the California Code of Regulations. GENERATOR includes:

(1) HAZARDOUS WASTE GENERATOR. Any person or business that produces or generates a hazardous waste in any quantity;

(2) LIMITED QUANTITY HAZARDOUS WASTE GENERATOR. Any person or business that generates a hazardous waste in quantities equal to or less than five gallons or 50 pounds per month; and

(3) SPECIAL HAZARDOUS WASTE GENERATOR. Any person or business that only generates and completely recycles one or more of the following hazardous wastes: used oil, waste ethylene glycol automotive antifreeze, waste dry cleaning solvents and solids, waste silver and silver containing solutions from photo imaging, and waste non-halogenated automotive parts cleaning solvents.

HAZARDOUS WASTE. Any waste or mixture of wastes that is toxic, corrosive, flammable, an irritant, a strong sensitizer or that generates pressure through decomposition, heat or other means, if such waste or mixture of wastes may cause substantial injury, serious illness or harm to human health and safety or the environment, domestic livestock or wildlife. It shall also include all wastes so defined by the Health and Safety Code (including but not limited to §§ 25115, 25117, and 25316), and all hazardous wastes listed or defined in the Code of Regulations Title 22.

ON-SITE TREATMENT. Treatment of hazardous waste at the facility at which the hazardous waste is produced. One or more of the following Tiered Permits as defined in Health and Safety Code §§ 25110 et seq., are required for on-site treatment:

(1) Conditional authorization (CA);

(2) Conditional Exemption (CE);

(3) Permit-by-rule (PBR).

TRANSPORTER FACILITY. An approved commercial location at which hazardous waste is stored for periods of less than 96 hours prior to delivery to a permitted treatment, storage or disposal facility.

TREATMENT. Any method, technique, or process that is not otherwise excluded from the definition of treatment by Health and Safety Code § 25123.5, and that is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or that removes or reduces its harmful properties or characteristics for any purpose. Treatment does not include the removal of residues from manufacturing process equipment for the purposes of cleaning that equipment.

(Ord. 3846, passed - -2002)

(a) In addition to the requirements of § 23.0602 of this Code, permits and fees shall also apply to all construction, modification, remodel and repair activities relating to any hazardous waste generation, production, storage, transportation or treatment.

(b) In addition to the requirements of § 23.0602(c) of this Code, the following information is required:

(1) The name, address and telephone numbers of all operators and/or owners of any transporter facility;

(2) The site address where hazardous waste is generated or produced if different from the facility address;

(3) A listing of the types of hazardous waste generated, the volume of each type of hazardous waste generated on a monthly basis, and the method by which each type of hazardous waste is treated, recycled or disposed of at each location;

(4) Names of all haulers and/or recyclers;

(5) A production process flow chart, that shall list all hazardous materials and how they are used in each production process, what products are produced, what hazardous and non-hazardous wastes are generated and the type and quantity of all solvents and any other substances used in all maintenance/clean-up activities related to each production process;

(6) As a condition of any permit to generate or produce hazardous waste, the permittee shall prepare a Contingency Plan as defined in Code of Regulations §§ 66260.10 and 66265.50 et seq. and shall notify the Division of any changes in hazardous waste produced and/or production processes;

(7) As a condition of any permit for on-site treatment of hazardous waste, the permittee shall complete and submit an Onsite Hazardous Waste Treatment Notification Form.

(Ord. 3846, passed - -2002)

(a) All requirements of Code of Regulations Title 22, that implement the requirements of Health and Safety Code §§ 25100 et seq., must be complied with, including but not limited to the management, determination, identification, analysis, storage, labeling, containment, treatment, reporting, manifesting, transportation and disposal of hazardous waste, and/or waste oil, and/or waste oil filters, and/or waste lead acid batteries; and including the requirements regarding personnel/training records and hazardous waste contingency plans.

(b) Except as provided in Health and Safety Code §§ 25160 et seq., it is unlawful for any person to transport hazardous waste unless registered with the Department of Toxic Substances Control as a Hazardous Waste Transporter. Such registration shall be in the possession of the transporter when transporting hazardous waste.

(Ord. 3846, passed - -2002)

(a) Whenever the Department, Chief or Investigative Officer of the Division of Hazardous Materials determines that any person has violated, is in violation of, or threatens to violate those laws and regulations that fall within the Department’s scope of authority pursuant to Health and Safety Code §§ 25100 et seq. (Hazardous Waste Control), or the Department, the Chief or Investigative Officer determines there has been a release as defined in Health and Safety Code §§ 25300 et seq. of hazardous waste or constituents into the environment from a hazardous waste facility, the Department, the Chief or Investigative Officer may issue an order requiring a correction of the violation, and specifying a schedule for compliance or correction.

(b) Whenever the Department, Chief or Investigative Officer of the Division of Hazardous Materials determines that any person is disposing or has illegally disposed of a hazardous waste or hazardous material to the air, soil, or waters within its jurisdiction, the Department, Chief or Investigative Officer may issue to the person an order to cease and desist from disposing of the hazardous materials and/or hazardous waste, or to remediate, cleanup, or mitigate such a disposal. Failure to comply with the order is a violation of Chapter 7 of Division 3 of Title 2, and is punishable as set forth in § 23.0715 of this Code.

(c) The person ordered to comply may request a hearing pursuant to Health and Safety Code § 25187. If the Department finds that the violation associated with any provision of the order poses an imminent and substantial endangerment to the public health or safety or the environment, a request for a hearing shall not stay the effect of that provision of the order.

(Ord. 3846, passed - -2002)

(a) Unless otherwise provided, any person in violation of Article 1 of Chapter 7 of Division 3 of Title 2 of the San Bernardino County Code shall be subject to an administrative penalty pursuant to Code of Regulations §§ 66272.60 et seq. when issued an administrative enforcement order pursuant to Health and Safety Code § 25187; or as otherwise provided by law.

(b) Unless otherwise provided, any person who has been issued an administrative enforcement order shall be served by personal service or certified mail and shall be informed of the right to a hearing pursuant to the provisions of Health and Safety Code § 25187; or as otherwise provided by law.

(Ord. 3846, passed - -2002)

§§ 23.0716—19 (Reserved).