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

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-Amended.html

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BILL NUMBER: AB 1824	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 11, 2010

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, as amended, Monning. Hazardous materials: 
nonbiodegradable  toxic chemicals.  
chemicals: sewage systems. 
   (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   additionally prohibit the use and sale of
a chemical that is detrimental to a sewage disposal system for those
purposes. The bill would list those chemicals that are detrimental
to a sewage disposal system and would authorize the department to
adopt regulations that identify additional chemicals determined to be
detrimental to a sewage disposal system  . Because the bill
would include  specific chemicals as nonbiodegradable toxic
chemicals subject to   additional chemicals in  the
 above  prohibition  against sale or use 
, 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) 
    (2)  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 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 to sell a nonbiodegradable
toxic chemical in a container 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 that limit the sale of
nonbiodegradable toxic chemicals consistent with this section.

    25210.    (a) (1) A person shall not use a
nonbiodegradable toxic chemical or a chemical that is detrimental to
a sewage disposal system in a chemical toilet, a recreational
vehicle, or a waste facility of a vessel, as defined in Section 651
of the Harbors and Navigation Code.  
   (2) A person shall not sell a nonbiodegradable toxic chemical or a
chemical that is detrimental to a sewage disposal system in a
container 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 defined in Section 651 of the Harbors
and Navigation Code.  
   (3) The department shall develop and adopt regulations to define
nonbiodegradable toxic chemicals.  
   (b) For purposes of this section, a chemical that is detrimental
to a sewage disposal system means either of the following:  

   (1) Any of the following chemicals:  
   (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) Para-formaldehyde.  
   (F) Para-dichlorobenzene.  
   (2) (A) In addition to the chemicals specified in paragraph (1), a
chemical identified by the department as being detrimental to a
sewage disposal system, in regulations that may be adopted by the
department.  
   (B) For purposes of this section, "sewage disposal system" has the
same meaning as defined in paragraph (3) of subdivision (a) of
Section 25210.1.  
   (c) The regulations adopted by the department pursuant to
paragraph (2) of subdivision (b) may limit or prohibit the use or
sale of a chemical detrimental to a sewage disposal system in a
product used for a chemical toilet, a recreational vehicle, or a
waste facility of a vessel, as defined in Section 651 of the Harbors
and Navigation Code.  
  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) "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.
   (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) A person shall not use a product containing halocarbon
chemicals, aromatic hydrocarbon chemicals, or nonbiodegradable toxic
chemicals for the purposes of cleaning or unclogging a sewage
disposal system.
   (c) A person shall not sell a product containing halocarbon
chemicals, aromatic hydrocarbon chemicals, or nonbiodegradable toxic
chemicals in a container 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.   SEC. 2.   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.