Bill Text: CA AB1824 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazardous materials: toxic chemicals: sewage systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-08-18 - Vetoed by Governor. [AB1824 Detail]

Download: California-2009-AB1824-Introduced.html

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BILL NUMBER: AB 1824	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 11, 2010

   An act to amend Sections 25210 and 25210.1 of the Health and
Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, as introduced, Monning. Hazardous materials:
nonbiodegradable toxic chemicals.
   (1) The Hazardous Waste Control Law prohibits the use of a
nonbiodegradable toxic chemical in a chemical toilet, recreational
vehicle, or waste facility of a vessel and the sale of a
nonbiodegradable toxic chemical in a container indicating that the
chemical could be used in a chemical toilet, waste facility of a
recreational vehicle, or waste facility of a vessel. The hazardous
waste control law prohibits the use of halocarbon chemicals and
aromatic hydrocarbon chemicals for cleaning or unclogging a sewage
disposal system and probits the sale of products containing these
chemicals in containers that indicate the products may be used for
those purposes. A violation of the hazardous waste control law is a
crime.
   This bill would include certain organic chemicals as a
nonbiodegradable toxic chemical for the purposes of the above
prohibitions. Because the bill would include specific chemicals as
nonbiodegradable toxic chemicals subject to the above prohibition,
this bill would enlarge the scope of a crime, thereby imposing a
state-mandated local program.
   (2) The Hazardous Waste Control Law prohibits the use of
halocarbon chemicals and aromatic hydrocarbon chemicals for cleaning
or unclogging a sewage disposal system and prohibits the sale of
products containing these chemicals in containers that indicate the
products may be used for those purposes.
   This bill would include nonbiodegradable toxic chemicals for the
purposes of the above prohibitions and would therefore create a new
crime, thereby imposing a state-mandated local program.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25210 of the Health and Safety Code is amended
to read:
   25210.  It shall be unlawful  , on or after January 1,
1979,  to use a nonbiodegradable toxic chemical in a
chemical toilet, recreational vehicle, or waste facility of a vessel
as the term vessel is defined in the Harbors and Navigation Code, and
it shall be unlawful  on or after January 1, 1979, 
to sell a nonbiodegradable toxic chemical in a container 
which   that  indicates that the chemical could be
used in a chemical toilet, a waste facility of a recreational
vehicle, or a waste facility of a vessel as the term vessel is
defined in the Harbors and Navigation Code. The department shall
develop and adopt regulations to define nonbiodegradable toxic
chemicals  consistent with Section 25210.1  and 
limitations on   that limit  the sale 
thereof by June 1, 1978   of nonbiodegradable toxic
chemicals consistent with   this section  .
  SEC. 2.  Section 25210.1 of the Health and Safety Code is amended
to read:
   25210.1.  (a) For purposes of this section, the following
definitions shall apply: 
   (1) "Halocarbon chemicals" means chemical compounds which contain
carbon, and one or more halogens, and which may include hydrogen,
including, but not limited to, trichloroethane, tetrachloroethylene,
methylene chloride, halogenated benzenes, and carbon tetrachloride.
 
   (2) 
    (1)  "Aromatic hydrocarbon chemicals" means chemical
compounds containing carbon and hydrogen and at least one six-carbon
ring containing double bonds, including, but not limited to, benzene,
toluene, and napthalene. 
   (2) "Halocarbon chemicals" means chemical compounds that contain
carbon and one or more halogens, and that may include hydrogen,
including, but not limited to, trichloroethane, tetrachloroethylene,
methylene chloride, halogenated benzenes, and carbon tetrachloride.
 
   (3) "Nonbiodegradable toxic chemicals" include, but are not
limited to, any of the following:  
   (A) 2-bromo-2-nitropropane-1,3-diol, commonly known as bronopol.
 
   (B) 1-(3-chlorallyl)-3,5,7-triaza-1-azoniaadamantane chloride,
commonly known as dowicil.  
   (C) Formaldehyde.  
   (D) Glutaraldehyde.  
   (E) Paraformaldehyde.  
   (F) Para-dichlorobenzene.  
   (3) 
    (4)  "Sewage disposal system" means a septic tank,
cesspool, sewage seepage pit, leachline, or other structure into
which sewage is drained for purposes of disposal and which is not
connected to a municipal treatment works.
   (b)  On and after July 1, 1988, no   A 
person shall  not  use  any   a 
product containing halocarbon chemicals  or   ,
 aromatic hydrocarbon chemicals  , or nonbiodegradable toxic
chemicals  for the purposes of cleaning or unclogging a sewage
disposal system.
   (c)  On and after July 1, 1988, no   A 
person shall  not  sell  any   a 
product containing halocarbon chemicals  or   ,
 aromatic hydrocarbon chemicals  , or nonbiodegradable t
  oxic chemicals  in a container  which
  that  indicates that the product may be used for
the purposes of cleaning or unclogging a sewage disposal system. The
department may adopt regulations regarding the sales of these
products for the purposes of this subdivision.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.