Article 9.4 - Banned, Unregistered, or Outdated Agricultural Wastes

California Health and Safety Code — §§ 25207-25207.13

Sections (6)

Amended by Stats. 1992, Ch. 591, Sec. 1. Effective January 1, 1993.

The Legislature finds and declares all of the following:

(a)Small agriculture-related operations need an appropriate and economic means of disposing of banned, unregistered, or outdated agricultural wastes.

(b)An awareness of the problems caused by agricultural wastes has increased as information has become available from the planning process for county hazardous waste management plans conducted pursuant to Article 3.5 (commencing

with Section 25135).

(c)Banned, unregistered, or outdated agricultural wastes are located in rural areas.

(d)The abandonment or illegal disposal of these agricultural wastes is a threat to water supplies and wildlife habitat.

§ 25207.1

Amended by Stats. 1992, Ch. 591, Sec. 2. Effective January 1, 1993.

For purposes of this article, the following definitions apply:

(a)“Banned or unregistered agricultural waste” means a hazardous waste, as defined in Section 25117, including an extremely hazardous waste, containing an economic poison for which the Administrator of the Environmental Protection Agency has canceled or suspended its registration after purchase pursuant to Part 164 (commencing with Section 164.1) of Subchapter E of Chapter 1 of Title 40 of the Code of Federal Regulations, or for

which the Director of Pesticide Regulation has canceled or suspended its registration after purchase pursuant to Section 12825, 12826, 12827, or 12827.5 of the Food and Agricultural Code.

(b)“Economic poison” means an economic poison, as defined in Section 12753 of the Food and Agricultural Code.

(c)“Eligible participant” means any of the following:

(1)Any person who stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes and operates any of the following:

(A)A farm for the purpose of cultivating the soil or raising any agricultural or horticultural commodity.

(B)An agricultural pest control business.

(C)An agricultural pesticide dealership.

(D)A park, cemetery, or golf course.

(2)A governmental agency which performs pest control work and stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes.

(3)A business concern which primarily conducts operations relating to agriculture and stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes.

(d)“Outdated agricultural waste” means an economic poison which can be classified as a retrograde material, as defined in Section 25121.5.

(e)“Registrant” has the same meaning as defined in Section 12755 of

the Food and Agricultural Code.

§ 25207.10

Added by renumbering Section 25207.9 by Stats. 1993, Ch. 989, Sec. 10. Effective January 1, 1994.

(a)A county implementing a collection program pursuant to this article shall charge a fee to eligible participants to cover the county’s costs of implementing the program, including, but not limited to, the costs of collecting, handling, transporting, treating, recycling, and disposing of the wastes. The county shall transfer 10 percent of the fees that are collected pursuant to this subdivision to the department, within 60 days from the date of collection, for deposit in the Hazardous Waste Control Account, for

expenditure by the department, upon appropriation by the Legislature, for purposes of implementing this article.

(b)A county implementing a collection program pursuant to this article may also charge a fee to eligible participants to cover registration fees, administrative costs, and overhead expenses.

§ 25207.11

Added by renumbering Section 25207.10 by Stats. 1993, Ch. 989, Sec. 11. Effective January 1, 1994.

The collection program shall require, when economically feasible, that the banned, unregistered, or outdated agricultural wastes which are collected are recycled. If not recycled, the wastes shall be treated or disposed of in compliance with this chapter.

§ 25207.12

Amended by Stats. 2022, Ch. 258, Sec. 55. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.

(a)Any eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection in a program established pursuant to this article is exempt from the fees and reimbursements required by Sections 25205.2, 25205.5, and 25205.7, with regard to the wastes submitted for collection.

(b)An eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection is exempt from the hazardous waste facilities permit requirements of Section 25201 with regard to the management of the wastes submitted for collection.

(c)A county operating a collection program in compliance with this article shall not be held liable in any cost recovery action brought

pursuant to Section 79650 for any hazardous waste that has been properly handled and transported to an authorized hazardous waste treatment or disposal facility, in compliance with this chapter, at a location other than that of the collection program.

(d)This section shall become operative on January 1, 2022, and shall apply to the fees due for the 2022 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period.

§ 25207.13

Added by renumbering Section 25207.12 by Stats. 1993, Ch. 989, Sec. 13. Effective January 1, 1994.

For purposes of complying with the manifest requirements of subdivision (b) of Section 25160, a county which collects banned, unregistered, or outdated agricultural wastes pursuant to this article shall be deemed to be the person who produced the hazardous waste, if the banned, unregistered, or outdated agricultural wastes collected by the county is labeled and no remedial or removal action is required.