1. (a) Generators, including those operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage including generator accumulation areas within the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).

2. (b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the generator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and provide the following information:

   1. (1) Generator name and identification number;
   2. (2) Waste information (information that is typically provided on the manifest or as detailed on a material safety data sheet), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Uniform Hazardous Waste Manifest, EPA Form 8700-22 and EPA Form 8700-22A), quantity or volume of waste at issue, weight or volume units, and waste codes; and
   3. (3) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility where the waste was handled, stored or transported within the facility).

3. (c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after the reportable quantity or difference was discovered, the generator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest.

   1. (1) If the hazardous waste generator is located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial, submit the letter to:

      COMPLAINT COORDINATOR

      DEPARTMENT OF TOXIC SUBSTANCES CONTROL

      ENFORCEMENT AND EMERGENCY RESPONSE PROGRAM

      9211 OAKDALE AVENUE

      CHATSWORTH, CA 91311-6505

   2. (2) If the hazardous waste generator is located in any other county, submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
4. (d) Generators that handle hazardous wastes of concern will identify themselves as such when complying with Health and Safety Code section 25205.16.

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25150, 25169.7 and 58012, Health and Safety Code.

History

1. New section filed 12-27-2005; operative 1-26-2006 (Register 2005, No. 52).

2. Change without regulatory effect amending subsection (c)(1) filed 5-25-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 22).

3. Change without regulatory effect amending subsection (b)(2) filed 7-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 28).