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Business Taxes Law Guide—Revision 2024
Hazardous Waste Fee
Health and Safety Code
Division 20. Miscellaneous Health and Safety Provisions
Chapter 6.5. Hazardous Waste Control
Article 9.4. Banned, Unregistered, or Outdated Agricultural Wastes
Section 25207.1
25207.1. Definitions. For purposes of this article, the following definitions apply:
(a) "Banned or unregistered agricultural waste" means a hazardous waste, as defined in Section 25117, including an extremely hazardous waste, containing an economic poison for which the Administrator of the Environmental Protection Agency has canceled or suspended its registration after purchase pursuant to Part 164 (commencing with Section 164.1) of Subchapter E of Chapter 1 of Title 40 of the Code of Federal Regulations, or for which the Director of Pesticide Regulation has canceled or suspended its registration after purchase pursuant to Section 12825, 12826, 12827, or 12827.5 of the Food and Agricultural Code.
(b) "Economic poison" means an economic poison, as defined in Section 12753 of the Food and Agricultural Code.
(c) "Eligible participant" means any of the following:
(1) Any person who stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes and operates any of the following:
(A) A farm for the purpose of cultivating the soil or raising any agricultural or horticultural commodity.
(B) An agricultural pest control business.
(C) An agricultural pesticide dealership.
(D) A park, cemetery, or golf course.
(2) A governmental agency which performs pest control work and stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes.
(3) A business concern which primarily conducts operations relating to agriculture and stores not more than 500 kilograms of banned, unregistered, or outdated agricultural wastes.
(d) "Outdated agricultural waste" means an economic poison which can be classified as a retrograde material, as defined in Section 25121.5.
(e) "Registrant" has the same meaning as defined in Section 12755 of the Food and Agricultural Code.