(a) Recyclable latex paint may be accepted at any location including, but not limited to, a permanent household hazardous waste collection facility in accordance with subdivision (b), if all of the following conditions are met:
(1) The location manages the recyclable latex paint in accordance with all applicable latex paint product management procedures specified by federal, state, or local law or regulation that include, at a minimum, that the recyclable latex paint is stored and handled in a manner that minimizes the chance of exposing the handler and the environment to potentially hazardous constituents that may be in, or have been incidentally added to, the recyclable latex paint.
(2) The recyclable latex paint is still in liquid form and is in its original packaging or is in a closed container that is clearly labeled.
(3) Any latex paint that is accepted as recyclable by the location and that is later discovered to be nonrecyclable shall be deemed to be a waste generated at the location where the discovery is made and the latex paint shall be managed as a waste in accordance with this chapter.
(4) If the recyclable latex paint is not excluded or exempted from regulation under Chapter I (commencing with Section 1.1) of Title 40 of the Code of Federal Regulations, the location meets all applicable federal requirements.
(5) The recyclable latex paint is stored for no longer than 180 days.
(b) (1) For purposes of this subdivision the following definitions shall apply:
(A) “CESQG” means a conditionally exempt small quantity generator, as specified in subdivision (a) of Section 25218.1.
(B) “Permanent household hazardous waste collection facility” has the same meaning as defined in subdivision (h) of Section 25218.1.
(2) A permanent household hazardous waste collection facility that is authorized to accept hazardous waste from a CESQG pursuant to Section 25218.3 may accept recyclable latex paint from any generator in accordance with this article if the permanent household hazardous waste collection facility does all of the following:
(A) Complies with subdivision (a).
(B) Sends the recyclable latex paint, for recycling, to a latex paint recycling facility operating pursuant to this article.
(C) Maintains a monthly log of the volume of latex paint collected from each generator and submits that information annually with the report submitted pursuant to Section 25218.9 for household hazardous waste collected from household hazardous waste generators.
(3) A permanent household hazardous waste collection facility that takes the actions specified in paragraph (2) is not subject to subdivision (b) of Section 25218.3.
(4) A permanent household waste collection facility may take the action specified in paragraph (2) notwithstanding any permit condition imposed upon the facility, a regulation adopted by the department to ensure a household hazardous waste collection facility does not accept hazardous waste from a commercial generator other than a CESQG, or the status of the generator.
(Amended by Stats. 2014, Ch. 744, Sec. 1. (AB 2748) Effective January 1, 2015.)