January 2002* 

The Department of Toxic Substances Control, or DTSC, is responsible for regulating hazardous waste facilities, conducting and overseeing cleanups of hazardous waste sites, and developing and promoting pollution prevention in California. DTSC also develops regulations and standards for managing and transporting hazardous wastes, issues standardized and full permits, and assists the Certified Unified Program Agencies (CUPAs) in implementing the hazardous waste generator and tiered permitting program, which authorizes certain onsite treatment. CUPAs are the local agencies responsible for permitting, inspection and enforcement of these hazardous waste programs.

If you generate hazardous wastes you are required to comply with the laws and regulations governing the wastes you produce. It is recommended that you become familiar with the standards in Health and Safety Code, chapter 6.5 and the California Code of Regulations, title 22. Following is an outline of some of the hazardous waste generator requirements applicable to the jewelry manufacturing process.

If you have any questions regarding these guidelines, please contact your local Certified Unified Program Agency (CUPA) for assistance, or call DTSC at (800) 728-6942 if there is no CUPA in your area. For more information, you can go to our Laws & Regulations web page for the statutes and regulations, and to our Fact Sheets web page for fact sheets. You can also call DTSC’s Public and Business Liaisons at 800-72-TOXIC (800-728- 6942).

Hazardous Waste Generation Requirements

As a generator of hazardous wastes, some of the many requirements that you must comply with are:

1. All hazardous wastes shall be appropriately managed according to the requirements of Health and Safety Code, chapter 6.5 and the California Code of Regulations, title 22.
2. Obtain an Environmental Protection Agency Identification (EPA ID) Number from DTSC by calling 800-61-TOXIC (800-618-6942). Generators of more than 100 kilograms (kg) may need to contact U.S. EPA at (415) 395-8895 for a federally issued identification number. (Cal. Code Regs., tit. 22, § 66262.12.)
3. Verify the EPA ID number when DTSC surveys your business annually. (Health & Saf. Code § 25205.16.)
4. Make a waste determination to determine if your waste is hazardous. (Cal. Code Regs., tit. 22, § 66262.11.)
5. Label, manage, and inspect all containers and tanks. (Cal. Code Regs., tit. 22, §§ 66262.34; 66265.171-.177; and 66265.191-.193.)
6. Adhere to accumulation time limits. (Cal. Code Regs., tit. 22, § 262.34.)
7. Provide personnel training. (Cal. Code Regs., tit. 22, § 66265.16.)
8. Prepare for emergencies. (Cal. Code Regs., tit. 22, § 265.31-.37.)
9. Use manifests for tracking of offsite shipments of hazardous wastes, including polishing dusts being sent to a metal refiner for reclamation. (Cal. Code Regs., tit. 22, §§ 66262.20-.23.)
10. Use only permitted treatment, storage, recycling, or disposal facilities. (Cal. Code Regs., tit. 22, § 66262.20.)
11. Submit facility and generator fees as required. (Health & Saf. Code §§ 25174.1; 25205.5; 25205.6; 25205.15; and 25205.22.)
12. Retain copies of manifests, exception reports and any analytical test results for three years. (Cal. Code Regs., tit. 22, § 66262.40.)
13. Remove empty chemical containers for proper disposal or relocation offsite. Contaminated containers shall be managed appropriately. (Cal. Code Regs., tit. 22, § 66261.7.
14. Have adequate ventilation systems to prevent threats to human health and the environment (i.e., prevent build-up of dust and clean up any accumulated dust). (Cal. Code Regs., tit. 22, § 66265.31.)

Hazardous Waste Transportation Requirements

If you send a hazardous waste to another facility, there are many other requirements that you must comply with. Some of these requirements are listed below. For more detailed information, please consult the contact information listed above or on the last page. Please also see the DTSC fact sheet on “Hazardous Waste Generator Requirements for Jewelry Mart Operators.”

1. Each generator who offers hazardous waste for transportation offsite shall prepare a manifest for each shipment. (Cal. Code Regs., tit. 22, §§ 66262.20-.23.)
2. Generators must be or use a registered hazardous waste transporter to ship hazardous waste. (Cal. Code Regs., tit. 22, § 66263.11.)
3. Check DTSC’s Registered Hazardous Waste Transporter Database to verify the status of a transporter.

Hazardous Waste Treatment Definitions

A hazardous waste may be treated only at an authorized facility. The terms “treatment,” “onsite facility,” and “offsite facility” are summarized below.

• Treatment: is any process or method designed to change the physical or chemical characteristics or the composition of a hazardous waste. (Health & Saf. Code § 25123.5 and Cal. Code Regs., tit 22, § 66260.10.)
• Onsite Facility: is a hazardous waste facility at which hazardous waste is generated, and which is owned by, leased to, or under the control of the generator of the waste. (Health & Saf. Code § 25117.12. and Cal. Code Regs., tit. 22, § 66260.10.)
• Offsite Facility: is a hazardous waste facility that is not an onsite facility. (Health & Saf. Code § 25117.11 and Cal. Code Regs., tit. 22, § 66260.10.)

Note: For buildings in which the suites are “leased to” and “under the control of” the tenants (who are the generators of the wastes), only treatment that is performed by a generator in the space leased to it would be considered onsite treatment. Because the building owner is not the generator, and the generator does not own, lease, or control the treatment units, treatment occurring in the buildings’ industrial wastewater treatment units would be considered offsite treatment.

Background on the Onsite Treatment of Hazardous Wastes

1. Only certain wastes are eligible to be authorized for onsite treatment. (Cal. Code Regs., tit. 22, § 67450.11 (Permit by Rule) and Health & Saf. Code § 25200.3 (Conditional Authorization) and § 25201.5 (Conditional Exemption).)
2. To determine if a waste is eligible, please contact your local CUPA or refer to Health and Safety Code, sections 25200.3 and 25201.5, and the California Code of Regulations, title 22, sections 67450.2-.3.
3. A tenant who generates eligible hazardous waste, and who has proper authorization, may treat its business’ waste within its suite. (Health & Saf. Code §§ 25200.3 and 25201.5; and Cal. Code Regs., tit. 22, § 67450.11.)
4. Aqueous wastes containing cyanide are currently not eligible to be treated onsite. (Please also see the DTSC fact sheet on “Cyanide Waste Produced in Jewelry Manufacturing.”)
5. Individual tenants may accumulate hazardous waste, including aqueous wastes containing cyanide, for 90 to 180 days (depending on the volume of waste they generate). After accumulation they can use a registered transporter to ship the waste to an offsite facility for treatment, storage, or disposal. (Cal. Code Regs., tit. 22, § 66262.34.) Another option is to use the alternatives to cyanide, such as those listed below. (Please also see the DTSC fact sheet on “Hazardous Waste Generator Requirements for Jewelry Mart Operators.”)
6. When possible use the following non-cyanide plating methods to reduce the toxicity of the hazardous waste: acid or alkaline zinc; copper sulfate or acid copper plating; cadmium; gold sulfite; and silver sulfite/thiosulfate. Non-cyanide plating alternatives for brass and bronze may also be considered. Alkaline and acidic solutions for electrostripping should also be
   used. (Please also see the DTSC fact sheet on “Jewelry Manufacturing Industry Pollution Prevention Recommendations.”)
7. DTSC is in the process of writing regulations for the onsite treatment of aqueous wastes containing cyanide. The regulatory requirements for these wastes may change once the regulations are approved.

Specific Requirements for the Onsite Treatment of Hazardous Wastes

If you wish to treat hazardous waste onsite, there are many requirements that you must comply with. Some of these requirements are listed below. For more detailed information please consult the contact information listed above or on the last page. Please also see the DTSC fact sheet on “Hazardous Waste Generator Requirements for Jewelry Mart Operators.”

1. Treatment of waste generated by jewelry manufacturing businesses must comply with the requirements in Health and Safety Code, chapter 6.5 and the California Code of Regulations, title 22.
2. Businesses that treat hazardous waste generated onsite, such as wastes containing metals and spent acid and alkaline cleaning solutions, must obtain authorization from their local CUPA. (Health & Saf. Code § 25201.4.1; Cal. Code Regs., tit. 22, §§ 67450.1 et seq.)
3. Notify the CUPA 60 days prior to start of treatment operations. (Health & Saf. Code §§ 25200.3(e), 25201.5(d); Cal. Code Regs., tit. 22, § 67450.2(b).)
4. Notification must include the treatment tier (Permit by Rule (PBR), Conditional Authorization (CA), or Conditional Exemption (CE)), number of tanks or containers, estimated monthly treatment volume, waste stream type, treatment process, residuals management, and the basis for not needing a federal permit. (Health & Saf. Code §§ 25200.3(e), 25201.5(d); Cal. Code Regs., tit. 22, § 67450.2(b).)
5. Various requirements apply to businesses that are authorized, including the following:
   1. Prepare and maintain written operation instructions (for CA and CE). (Health & Saf. Code §§ 25200.3 (c)(6), 25201.5(d).)
   2. Prepare and maintain a written inspection schedule and written inspection log. (Health & Saf. Code §§ 25200.3(c)(5), 25201.5; Cal. Code Regs., tit. 22, § 67450.2(c)(8).)
   3. Obtain certification of secondary containment by a Professional Engineer registered in California. (Health & Saf. Code § 25200.3(c)(4); Cal. Code Regs., tit. 22, § 67450.2(b).)
   4. Notify the CUPA of treatment unit closure. (Health & Saf. Code §§ 25200.3(g) 25201.5(d)(8); Cal. Code Regs., tit. 22, § 67450.3(c)(11).)
   5. Provide adequate financial assurance for closure cost estimates (for PBR and CA). (Cal. Code Regs., tit. 22, § 67450.13.)
   6. Submit a Phase I Environmental Assessment Checklist within one year of treatment authorization (for PBR and CA). (Health & Saf. Code § 25200.14.)
   7. Mark exterior of unit with name of owner/ operator, EPA ID number, and serial number (for PBR). (Cal. Code Regs., tit. 22, § 67450.3(c)(7).)
   8. Prepare and maintain a written waste analysis plan, waste analysis records, and closure plan for the unit (for PBR). (Cal. Code Regs., tit. 22, § 67450.3(c)(8).)

Requirements for the Offsite Treatment of Hazardous Wastes

If you treat hazardous waste from offsite, there are many requirements that you must comply with. Some of these requirements are listed below. For more detailed information, please consult the contact information listed above or on the last page. Please also see the DTSC fact sheet on “The Standardized Permit for Building Owners of Jewelry Marts.”

1. Treatment of waste must comply with requirements in Health and Safety Code, chapter 6.5, and the California Code of Regulations, title
   22.
2. Businesses that treat hazardous wastes that they did not generate or that treat waste at a different location than where the waste was generated are offsite treaters and need authorization from DTSC in the form of a full or standardized permit. These wastes may contain metals, acid and alkaline cleaning solutions, or spent cyanide baths. (Health & Saf. Code § 25200.)

Note: Offsite facilities are not eligible to operate under the lower permitting tiers such as Permit by Rule, Conditional Authorization, or Conditional Exemption. Most treatment or storage activities that do not require a full federal Resource Conservation and Recovery Act (RCRA) permit are eligible to be considered for a Standardized Permit.

Inspection Documents

The following documents must be available for review during a CUPA or a DTSC inspection:

1. A generator must have the generator’s copy of each signed manifest for the offsite shipment of hazardous wastes by a registered hazardous waste transporter. (The generator must retain a copy of every manifest used to ship hazardous waste for at least three years.) (Cal. Code Regs., tit. 22, § 66262.40.)
2. For each tenant treating wastes under PBR (Cal. Code Regs., tit. 22, § 67450.3(c)):

• • Operating records.
  • Annual waste analysis plan for the hazardous waste being treated.
  • Written closure plan.
  • Annual update of closure cost estimate and financial mechanism.
  • Written inspection schedule and log.
  • Publicly Owned Treatment Works (POTW) compliance records.

3. An owner/operator with a standardized permit must provide the documents identified in Health and Safety Code, chapter 6.5, section 25201.6 and the California Code of Regulations, title 22, division 4.5, chapter 14. (Please see the DTSC fact sheet on “The Standardized Permit for Building Owners of Jewelry Marts.”)

Assistance Contacts

This fact sheet contains general information on requirements. For more detailed information and additional help, contact the sources listed below.

1. For more information on the regulatory requirements for hazardous waste generators, permits, and onsite authorization for the treatment of hazardous waste and eligible wastes, contact your local CUPA.
2. For questions regarding EPA ID numbers and accumulation times for generators, go to the DTSC Fact Sheets web page. To obtain an EPA ID number call DTSC’s Generator Information Services Section at 1 (800) 618-6942, or if out of state call (916) 255-1136.
3. For questions regarding standardized and full permits for treatment, or to request an application package for a Standardized Permit, contact DTSC’s Standardized Permits and Corrective Action Branch (SPCAB) at (510) 540-3975. Building owner/operators should also contact Cal/EPA’s Business Revitalization Permit Assistance Center at (213) 977-7900 for additional information.
4. For questions regarding pollution prevention (including alternatives to cyanide), contact the Office of Pollution Prevention and Technology Development (OPPTD) at (800) 700-5854.
5. For additional information on hazardous waste requirements, visit the Unidocs website, or the CalCUPA website.

More Information & Contacts

For more information and questions, please direct them to our Regulatory Assistance Officers using the information below. If calling from outside California, please call the "Outside CA" telephone number provided:

Toll-Free in CA: 800-728-6942 or 800 72-TOXIC
Outside CA: 916-324-2439
Email: RAO@dtsc.ca.gov

*Disclaimer

This fact sheet does not replace or supersede relevant statutes and regulations. The information contained in this fact sheet is based upon the statutes and regulations in effect as of the date of the fact sheet. Interested parties should keep apprised of subsequent changes to relevant statutes and regulations.