25169.1.
(a)
The Department of the California Highway Patrol shall inspect every truck, trailer, semitrailer, vacuum tank, cargo tank, or container which is not a rolloff bin subject to subdivision (b), used to transport hazardous waste on the highways at least once a year to ascertain whether its construction, design, equipment and safety features comply with the regulations adopted by the department pursuant to Section 25168.1.
(b)
(1)
Upon receipt of a properly completed application for a specified number of rolloff bins and payment of the required fee, in accordance with Sections 25168.4, 25168.5, and 25168.6, the department shall issue a certificate of compliance to a hazardous waste transporter for each rolloff bin applied for under subdivision (c).
(2)
The department shall determine the size, shape, color, and design of the certificate of compliance issued pursuant to this subdivision, which shall be distinctly different in size, shape, color, and design from the certificates of compliance affixed by the Department of the California Highway Patrol.
(c)
A hazardous waste transporter may apply, in writing, to the department for authorization to annually inspect and self-certify rolloff bins owned by the hazardous waste transporter, if all of the following requirements are met:
(1)
The rolloff bin was inspected by the Department of the California Highway Patrol before it was placed into service.
(2)
The rolloff bins are used only to transport hazardous waste, except extremely hazardous waste, in a solid physical state.
(3)
No hazardous materials, including, but not limited to, hazardous waste, as listed in Part 172 (commencing with Section 172.1) of Subchapter C of Chapter I of Title 49 of the Code of Federal Regulations, are transported, unless the hazardous material is a miscellaneous hazardous material (Class 9), as specified in Section 173.140 of Title 49 of the Code of Federal Regulations, or is not required to be labeled or placarded by the United States Department of Transportation.
(4)
The hazardous waste transporter has a current satisfactory rating from the Department of the California Highway Patrol’s terminal inspection for the three immediately consecutive preceding years.
(5)
The department issues a letter of acknowledgment indicating approval for the hazardous waste transporter to inspect and certify the transporter’s rolloff bins.
(6)
The hazardous waste transporter affixes the certificate of compliance issued pursuant to subdivision (b) to the rolloff bin in a position normally visible during transportation.
(7)
The hazardous waste transporter either personally inspects and self-certifies each rolloff bin or designates a specific employee to inspect and self-certify each rolloff bin.
(8)
The hazardous waste transporter maintains an ability to respond to damages resulting from the operation of that business by obtaining insurance coverage in the minimum amount of one million five hundred thousand dollars ($1,500,000) of combined single limit coverage.
(d)
A hazardous waste transporter who is issued a certificate of compliance pursuant to subdivision (b) shall do all of the following:
(1)
Document, on a form provided by the department, the inspection of each rolloff bin, noting defects and repair measures taken, and provide to the department a record of the certificate of compliance issued to each rolloff bin. The document shall contain a list of the inspection items specified in paragraph (2) and the identification number of the rolloff bin, the date of inspection, the inspector’s signature, the date of certification, and certificate of compliance number. The hazardous waste transporter shall retain a copy of the inspection records for each rolloff bin for three years from the date of certification, except the hazardous waste transporter shall retain these inspection records for longer than three years during the course of any unresolved enforcement action regarding hazardous waste transportation, or as requested by the department.
(2)
Certify that each rolloff bin has been inspected visually for all of the following and is free from all of the following defects:
(A)
Cracks, holes, and broken welds.
(B)
Defects in doors and door hinges, gaskets, seals, and latching devices.
(C)
Defects in loading and securement devices of the rolloff bin.
(D)
Any other condition, including leakage, corrosion, or dents which render it unsafe for transportation service.
(3)
Establish an effective ongoing maintenance program that will ensure that rolloff bins are not transported while loaded in a condition less than that required for certification. The hazardous waste transporter shall retain maintenance records for each rolloff bin for a period of three years from the date the maintenance was performed, except the hazardous waste transporter shall retain these maintenance records for longer than three years during the course of any unresolved enforcement action regarding hazardous waste transportation or as requested by the department.
(e)
Authorized employees of the Department of the California Highway Patrol shall make random inspections of at least 25 percent of all rolloff bins certified pursuant to subdivision (b), and shall inspect all maintenance and inspection records of rolloff bins certified pursuant to subdivision (b). The Department of the California Highway Patrol may perform random inspections of rolloff bins and those records on both public and private property.
(f)
In addition to the penalties specified in subdivision (g), any person who violates this section shall be punished as prescribed in Article 8 (commencing with Section 25180).
(g)
A person who violates this section is subject to the following actions:
(1)
For the first violation, the person is subject to a civil penalty of five hundred dollars ($500) for each rolloff bin determined by the Department of the California Highway Patrol or the department to be out of compliance with the requirements of this article.
(2)
For the second violation, the person is subject to a civil penalty of one thousand dollars ($1,000) for each rolloff bin determined by the Department of the California Highway Patrol or the department to be out of compliance with the requirements of this article, and the department shall immediately revoke the hazardous waste transporter’s authorization to inspect and self-certify the transporter’s rolloff bins, pursuant to subdivisions (b) and (c), for a period of not less than one year. The department may deny any future application that the hazardous waste transporter submits to inspect and self-certify the transporter’s rolloff bins if the transporter’s authorization is revoked pursuant to this section.
(3)
Notwithstanding Sections 25186.1 and 25186.2, and subdivision (i), the department may immediately suspend, for a period of one year, the registration of a hazardous waste transporter, who the Department of the California Highway Patrol or the department determines is willfully violating, and is substantially out of compliance with, the requirements of this section.
(4)
Any authorized employee of the Department of the California Highway Patrol may remove the certificate of compliance on any rolloff bin certified pursuant to subdivision (b) which fails an inspection.
(h)
Notwithstanding Section 25186.2, the department shall deny, suspend, or revoke the registration of any hazardous waste transporter pursuant to Section 25186.1 to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment.
(i)
No person shall transport hazardous waste on streets and highways in this state, unless the truck, trailer, semitrailer, vacuum tank, cargo tank, or container in which the hazardous waste is being transported displays a certificate of compliance, issued by the department, showing that the vehicle has been inspected within the last 12 months.
(j)
For the purposes of this section, the following terms have the following meaning:
(1)
“Container” means any reusable portable tank or bin which has a capacity greater than 450 liters (119 gallons) and meets both of the following requirements:
(A)
The container bears a permanently affixed, unique identification number or, if a container does not bear an identification number, the hazardous waste hauler affixes a permanent, unique identification number to the container.
(B)
The number specified in subparagraph (A) shall be painted in characters not less than 1 inch in height or die stamped in characters not less than
3/16 inch in height and shall be maintained in a legible condition.
(2)
“Rolloff bin” means any box-type container used to store and transport hazardous waste. “Rolloff bin” does not include any tank, or any other packaging, built to a specification or exemption authorized by the United States Department of Transportation.
(3)
“Solid physical state” means solid physical hazardous waste in which free liquids are not present.
(4)
“Free liquids” means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure. Free liquids are not present when a 100 milliliter representative sample of the hazardous waste can be completely retained in a standard 400 micron conical paint filter for five minutes without loss of any portion of the waste from the bottom of the filter, or if the waste meets an equivalent test approved by the department.
(k)
This section shall remain in effect only until January 1, 1998, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1998, deletes or extends that date.