Health & Saf. Code, § 25179.8 · Article 7.7. Hazardous Waste Treatment Reform Act of 1995
Health & Saf. Code, § 25179.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (d), the department may grant a variance from the requirements of Sections 25179.5 and 25179.6 for a hazardous waste, consistent with Section 25143.
(b) The department may grant a variance from the requirements of Section 25179.6 for agricultural drainage waters that meet the criteria established by the department pursuant to Section 25141 if a person demonstrates, to the satisfaction of the department, that all of the following conditions apply to the waste:
(1) There are no technically and economically feasible treatment, reuse, or recycling alternatives available to render the agricultural drainage water nonhazardous.
(2) The applicant can demonstrate that the continued disposal of agricultural drainage waters does not pose an immediate or significant long-term risk to public health or the environment.
(3) The disposal of the agricultural drainage waters is in compliance with the requirements of Section 25179.3.
(c) A variance granted by the department pursuant to subdivision (b) shall remain in effect for a period not longer than three years and may be renewed for additional three-year periods.
(d) When granting a variance pursuant to this section, the department may specify, where appropriate, any treatment that shall be required prior to land disposal of the waste, and may impose requirements that may be necessary to protect the public health and the environment.
(e) The department shall not grant a variance pursuant to subdivision (a) for hazardous waste that is restricted or prohibited by the Environmental Protection Agency pursuant to the federal act, unless either of the following applies:
(1) The waste has been granted a variance by the Administrator of the Environmental Protection Agency and the variance granted by the department does not permit less stringent management than that required pursuant to the federal variance.
(2) The Environmental Protection Agency has delegated the authority to grant variances to the department pursuant to the federal act.
Notes and commentary — not statutory text
History
Amended by Stats. 1997, Ch. 17, Sec. 69. Effective January 1, 1998.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=25179.8.
- Text hash
- sha256 28eb0210a64bee55253c32f9a2cb4cb20da3911d30f93f998c276e60631ebec4
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, § 25141Printed as Section 25141
- Health & Saf. Code, § 25143Printed as Section 25143
- Health & Saf. Code, § 25179.3Printed as Section 25179.3
- Health & Saf. Code, § 25179.5Printed as Sections 25179.5 and 25179.6
- Health & Saf. Code, § 25179.6Printed as Section 25179.6 | Sections 25179.5 and 25179.6
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.