25157.8.
(a) Except as provided in subdivision (c), on and after January 1, 1999, no person shall dispose waste that contains total lead in excess of 350 parts per million, copper in excess of 2500 parts per million, or nickel in excess of 2000 parts per million to land at other than a class I hazardous waste disposal facility, unless the waste is disposed at the site of generation pursuant to express approval of the regional water quality control board granted prior to August 21, 1998, and the waste was classified as nonhazardous at that time, until both of the following occur:(1) The appropriate California regional water quality control board has amended the solid waste facility’s waste discharge requirements to specifically allow disposal of the waste.
(2) The appropriate local enforcement agency has revised the solid waste facility permit of the facility to specifically allow this disposal pursuant to Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of the Public Resources Code.
(b) Except as provided in subdivision (c), no person shall dispose any material to land at other than a class I hazardous waste disposal facility, if the material is regulated as a hazardous waste by the department, until all of the following have occurred:
(1) The department has issued a variance pursuant to Section 25143 to specifically allow disposal of the material to a disposal facility other than a class I hazardous waste disposal facility.
(2) The appropriate California regional water quality control board has amended the solid waste facility’s waste discharge requirements to specifically allow disposal of the material.
(3) The appropriate local enforcement agency has revised the solid waste facility permit of the facility at which the material is proposed to be disposed to specifically allow this disposal pursuant to Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of the Public Resources Code.
(c) This section does not apply to any of the following:
(1) Wastes that are disposed of pursuant to a variance issued by the department prior to August 21, 1998.
(2) Wastes that are disposed of pursuant to a variance issued by the department and that the department classified and managed as a “special waste” pursuant to regulations adopted by the department that were in effect on August 21, 1998.
(3) Wastes disposed of pursuant to a variance issued to a state or local agency by the department pursuant to Section 25143 for the disposal of lead contaminated soil, if the disposal is only within the operating right-of-way of an existing highway, as defined in Section 23 of the Streets and Highways Code. This paragraph applies to lead-contaminated soil that is moved from one project to another only if the lead-contaminated soil remains within the designated, contiguously contaminated corridor and within the same transportation district for which the department has specifically issued the variance.
(d) This section does not exempt any state or local agency, or any other person, from any conditions or requirements of a California regional water quality control board, or any other agency, that may be placed on the reuse or disposal of waste pursuant to a variance issued by the department.
(e) This section shall remain in effect until July 1, 2006, and as of that date is repealed unless a later enacted statute repeals or extends that date.