25218.8. (a) Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection facility.
(b) A hazardous waste facilities permit is not required for the operation of a recycle-only household hazardous waste collection facility if all of the following conditions are met:
(1) The facility accepts only the following recyclable household hazardous waste materials for subsequent transport to an authorized recycling facility:
(A) Latex paint.
(B) Used oil.
(C) Used oil filters.
(D) Antifreeze.
(E) Spent lead-acid batteries.
(F) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department.
(G) Oil-based paint accepted pursuant to the requirements in Section 25217.2.1.
(2) No hazardous wastes or other materials are handled at the facility other than the materials specified in paragraph (1).
(3) The materials are transported to the collection facility by either of the following:
(A) The person who generated the material.
(i) Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons including, but not limited to, death, illness, or disability.
(ii) The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service.
(iii) A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household.
(B) The authorized curbside household hazardous waste collection program or other household hazardous waste programs and sources, including load checking sources.
(4) The materials transported to the facility are transported in accordance with Section 25218.5.
(5) The materials collected are not stored at the facility for more than 180 days, except that less than one ton of spent lead-acid batteries may be stored at the facility for up to one year. More than one ton of spent lead-acid batteries shall not be stored at the facility for more than 180 days.
(6) The materials collected are managed in accordance with the hazardous waste labeling, containerization, emergency response, and personnel training requirements of this chapter.
(7) The facility is in compliance with Section 25218.2.
(Amended by Stats. 2022, Ch. 499, Sec. 7. (AB 2481) Effective January 1, 2023.)