ADOPT TITLE 22, CCR, SECTION 66730
EFFECTIVE 2/28/91

66730. Contaminated Containers

(a) Except as provided in Health and Safety Code section 25143.2 (d)(5). Sections 66300(e)(5) and subsections (d), (e) and (f) of this section, any container, or inner liner removed from a container, which previously held a hazardous waste or a hazardous material and which is empty as defined in subsection (b) of this section shall be exempt from regulation under this chapter and Chapter 6.5 of Division 20 of the Health and Safety Code if it is managed in accordance with subsection (c) of this section.

(b) A container, or an inner liner removed from a container, which previously held a hazardous waste or a hazardous material is empty if it meets the criteria below:

(1) The container, or the inner liner removed from a container is empty as defined in 40 CFR Section 261.7(b) (revised as of 7/1/90). and

(2) The container or the inner liner removed from a container has been emptied by the generator as much as possible usin; methods commonly employed to removed waste or material from containers or inner liners, so that:

(A) If the material which the container or the inner liner held is pourable. no material can be poured or drained from the container or inner liner when the container or inner liner is held in any orientation (e.g. tilted, inverted. etc); or

(B) If the material which the container or inner liner held is not pourable, no material or waste remains in the container or inner liner that can feasibly be removed by scraping and chipping.

(c) To qualify for exemption under this section, an empty container or an inner liner removed from a container must be managed by one of the following methods:

(1) For a container of five gallons or less in capacity, or inner liner removed from a container of five gallons or less in capacity, by puncturing, shredding, crushing, or otherwise changing the container or inner liner to prevent subsequent use or reused, and disposing of it at a solid waste facility, so long as the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations: or

(2)    For any container, or inner liner, by puncturing. shredding. crushing, or otherwise changing the container or inner liner to prevent subsequent use or reuse, and reclaiming its scrap value onsite or shipping the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations: or

(3) For any container or inner liner, by reconditioning or remanufacturing the container or inner liner onsite pursuant to 49 CFR section 173.2~(c) and (d) (revised at 55 FR 52402 52729) for subsequent reuse. or shipping the container or inner liner to a person who recondition or remanufactures the container or inner liner pursuant to 49 CFR section 173.28(c) and (d) (revised at 55 FR 524 — 52729).

(d) Except as provided in subsections (f) (2) and (f) (3) of this section. emptied household hazardous material and pesticide containers of one gallon or less in capacity. which are drained until there is no continuous flow of liquid, are not subject to the provisions of this chapter. (CAPITAL DRUM, INC. DOES NOT ACCEPT)

(e) Except as provided in subsection (f). A compressed gas cylinder is except from regulation under this Chapter 6.5 of Division 20 of the Health and Safety Code when the pressure in the container approaches atmospheric pressure if the container is handled and reused in compliance with applicable State and Federal law. (CAPITAL DRUM, INC. DOES NOT ACCEPT)

(f) The following containers are not exempt from regulation under this chapter or Chapter 6.5 of Division 20 of the Health and Safety Code pursuant to this section:

(1) Container made of wood. paper, cardboard. fabric, or any other similarly absorptive material if the container was in direct contact with a hazardous waste or a hazardous material.

(2) Spent aerosol containers.

(3)   Compressed gas cylinder which cannot be reused or reuse is prohibited.

(g) Any container, or inner liner removed from a container, which previously held a hazardous waste or hazardous material and which is not empty as defined in subsection (b) of this section, or otherwise exempt from regulation as a hazardous waste under this chapter or Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with section 25100), shall be managed as a hazardous waste in accordance with this chapter and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100).