BILL NUMBER: SB 456 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Huff
FEBRUARY 16, 2011
An act to amend Sections 25218.1 and 25218.5 of the Health and
Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 456, as introduced, Huff. Household hazardous waste:
transportation.
(1) Existing law, part of the hazardous waste control laws,
authorizes a door-to-door household hazardous waste collection
program to transport hazardous waste from individual residences to an
authorized household hazardous waste collection facility. Existing
law exempts a door-to-door household hazardous waste collection
program from using a manifest when transporting household hazardous
waste collected from individual residences for transportation to an
authorized collection facility. A violation of the hazardous waste
control laws is a crime.
This bill would also authorize a door-to-door household hazardous
waste collection program to transport household hazardous waste to a
treatment storage and disposal facility, as defined, or to an exempt
transfer facility, as specified, that is used while the waste is in
transit to either the household hazardous waste collection facility
or to the treatment storage and disposal facility. The bill, among
other things, would require the public agency, if it transports
household hazardous waste to a treatment storage and disposal
facility, as specified, to start a manifest when the first hazardous
waste item is collected. Since a violation of this requirement would
be a crime, the bill would impose a state-mandated local program.
(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 25218.1 of the Health and Safety Code is
amended to read:
25218.1. For purposes of this article, the following terms have
the following meaning meanings :
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern which that
meets the criteria specified in Section 261.5 of Title 40 of the Code
of Federal Regulations.
(b) "Curbside household hazardous waste collection program" means
a collection service authorized by a public agency that is operated
in accordance with Section 25163 and subdivision (d) of Section
25218.5 and that collects one or more of the following types of
household hazardous waste:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department.
(c) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" means a
program operated by a public agency, or its contractor, that collects
household hazardous waste from individual residences ,
and transports that waste in an inspected and certified
hazardous waste transport vehicle to an authorized household
hazardous waste collection facility , to a treatment storage and
disposal facility, or to an exempt transfer facility within the
meaning of Section 66263.18 of Title 22 of the California Code of
Regulations, if that facility is used while the waste is in transit
to either an authorized household hazardous waste collection facility
or to a treatment storage and disposal facility .
(d) "Household" means a single detached residence or a single unit
of a multiple residence unit and all appurtenant structures.
(e) "Household hazardous waste" means any hazardous waste
generated incidental to owning or maintaining a place of residence.
Household hazardous waste does not include any
waste generated in the course of operating a business concern at a
residence.
(f) "Household hazardous waste collection facility" means a
facility operated by a public agency, or its contractor, for the
purpose of collecting, handling, treating, storing, recycling, or
disposing of household hazardous waste, and its operation may include
accepting hazardous waste from conditionally exempt small quantity
generators if that acceptance is authorized pursuant to Section
25218.3. Household hazardous waste collection facilities include
permanent household hazardous waste collection facilities, as defined
in subdivision (h), temporary household hazardous waste collection
facilities, as defined in subdivision (p), recycle-only household
hazardous waste collection facilities, as defined in subdivision (n),
curbside household hazardous waste collection programs, as defined
in subdivision (b), and mobile household hazardous waste collection
facilities, as defined in subdivision (g).
(g) "Mobile household hazardous waste collection facility" means a
portable structure within which a household hazardous waste
collection facility is operated and that meets all of the following
conditions:
(1) The facility is operated not more than four times in any one
calendar year at the same location.
(2) The facility is operated not more than three consecutive weeks
within a two-month period at the same location.
(3) Upon the termination of operations, all equipment, materials,
and waste are removed from the site within 144 hours.
(h) "Permanent household hazardous waste collection facility"
means a permanent or semipermanent structure at a fixed location that
meets both of the following conditions:
(1) The facility is operated at the same location on a continuous,
regular schedule.
(2) The hazardous waste stored at the facility is removed within
one year after collection.
(i) "Public agency" means a state or federal agency, county, city,
or district.
(j) "Quality assurance plan" means a written protocol prepared by
a public agency that is designed to ensure that reusable household
hazardous products or materials, as defined in subdivision (o), that
are collected by a household hazardous waste collection program are
evaluated to verify that product containers, contents, and labels are
as they originated from the products' manufacturers. The public
agency or a person authorized by the public agency, as defined in
subdivision (k), shall design the protocol to ensure, using its best
efforts with the resources generally available to the public agency,
or the person authorized by the public agency, that products selected
for distribution are appropriately labeled, uncontaminated, and
appear to be as they originated from the product manufacturers. A
quality assurance plan shall identify specific procedures for
evaluating each container placed in a recycling or exchange program.
The quality assurance plan shall also identify those products that
shall not be accepted for distribution in a recycling or exchange
program. Unacceptable products may include, but are not limited to,
banned or unregistered agricultural waste, as defined in subdivision
(a) of Section 25207.1, and products containing PCB, asbestos, or
dioxin.
(k) "Person authorized by the public agency" means an employee of
a public agency or a person from whom services are contracted by the
public agency.
( l )"Recipient"
(l) "Recipient" means any person
who accepts a reusable household hazardous product or material at a
household hazardous waste collection facility operating pursuant to
this article.
(m) "Recyclable household hazardous waste material" means any of
the following:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Antifreeze.
(5) Spent lead-acid batteries.
(6) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department, except a universal waste for which the department
determines, by regulation, that there is no readily available
authorized recycling facility capable of accepting and recycling that
waste.
(n) "Recycle-only household hazardous waste collection facility"
means a household hazardous waste collection facility that is
operated in accordance with Section 25218.8 and accepts for recycling
only recyclable household hazardous waste materials.
(o) "Reusable household hazardous product or material" means a
container of household hazardous product, or a container of hazardous
material generated by a conditionally exempt small quantity
generator, that has been received by a household hazardous waste
facility operating pursuant to this article and that is offered for
distribution in a materials exchange program to a recipient, as
defined in subdivision ( l )
(l) , in accordance with a quality assurance
plan, as defined in subdivision (j).
(p) "Temporary household hazardous waste collection facility"
means a household hazardous waste collection facility that meets both
of the following conditions:
(1) The facility is operated not more than once for a period of
not more than two days in any one month at the same location.
(2) Upon termination of operations, all equipment, materials, and
waste are removed from the site within 144 hours.
(q) "Treatment storage and disposal facility" means a site where a
hazardous substance is treated, stored, or disposed of.
SEC. 2. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Except as provided in paragraph (2), hazardous
waste transported to a household hazardous waste collection facility
shall be transported by any of the following:
(A) The individual or CESQG who generated the waste.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility, a
temporary household hazardous waste collection facility, or a
recycle-only household hazardous waste facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.
(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste facility, operating under a contract
with a public agency to transport hazardous wastes that were disposed
of in violation of this chapter, and that are being removed by, or
are being removed under the oversight of, the public agency, if the
hazardous wastes were not originally disposed of in violation of this
chapter by that public agency.
(2) Spent batteries that are received and transported pursuant to
Section 25216.1 may be transported to a household hazardous waste
collection facility from a collection location or an intermediate
collection location.
(3) Notwithstanding Section 25218.4, a registered hazardous waste
transporter or mobile household hazardous waste collection facility
transporting hazardous waste to a household hazardous waste
collection facility shall comply with subdivisions (a) and (c) of
Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(b) An individual transporting household hazardous waste generated
by that individual and a CESQG transporting hazardous waste
generated by the CESQG to a household hazardous waste collection
facility shall meet all of the following conditions:
(1) (A) Except as provided in subparagraphs (B) and (C) and
Section 25218.5.1, the total amount of household hazardous waste
transported by an individual or hazardous waste transported by a
CESQG to a household hazardous waste collection facility shall not
exceed a total liquid volume of five gallons or a total dry weight of
50 pounds. If the hazardous waste transported is both liquid and
nonliquid, the total amount transported shall not exceed a combined
weight of 50 pounds.
(B) Subparagraph (A) does not apply to spent batteries that are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(C) A CESQG may transport up to 27 gallons or 220 pounds, but not
more than 100 kilograms, per month to a household hazardous waste
collection facility, if all of the following conditions are met:
(i) The hazardous waste being transported was generated by that
CESQG.
(ii) The CESQG contacts the household hazardous waste collection
facility prior to each delivery to confirm that the facility will
accept the hazardous waste.
(iii) The household hazardous waste collection facility provides
oral, written, or electronic instructions to the CESQG prior to each
delivery on proper packing for the safe transportation of the
specific hazardous waste being transported.
(iv) The CESQG or employees of the CESQG transport the hazardous
waste in a vehicle owned and operated by the CESQG.
(2) The household hazardous waste and CESQG hazardous waste that
is transported shall be in closed containers and packed in a manner
that prevents the containers from tipping, spilling, or breaking
during transport.
(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.
(4) If the hazardous waste is an extremely hazardous waste or an
acutely hazardous waste, the total amount transported by a CESQG
shall not exceed 2.2 pounds.
(c) (1) Except as provided in paragraph (2), the total combined
volume or weight of latex paint, used oil filters, antifreeze, and
small batteries transported to a recycle-only household hazardous
waste collection facility by any one individual shall not exceed a
total volume of 10 gallons or a total dry weight of 100 pounds. Up to
two spent lead-acid batteries may be transported at the same time
and not more than 20 gallons of used oil may be transported in the
same vehicle if the volume of each individual container does not
exceed five gallons.
(2) Paragraph (1) does not apply to spent batteries that are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(d) A curbside household hazardous waste collection program shall
meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil
filters shall be collected from a single residence at one time.
(2) Not more than five gallons of used oil shall be collected from
a single residence at one time, and the volume of each individual
container collected shall not exceed five gallons.
(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.
(4) Hazardous waste containing mercury shall not be collected by a
curbside household hazardous waste collection program unless the
waste is contained in secure packaging that prevents breakage and
spillage.
(5) Fluorescent light tubes that are four feet or greater in
length shall not be collected by a curbside household hazardous waste
collection program.
(6) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(7) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(e) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall meet all
of the following conditions:
(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(3) (A) A door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service is exempt from the requirements of Section 25160
regarding the use of a manifest when transporting household hazardous
waste collected from individual residences to an authorized
hazardous waste collection facility. In lieu of a manifest, a receipt
shall be issued for the household hazardous waste collected from an
individual residence, and a copy of the receipt shall be retained by
the public agency for a period of at least three years.
(B) If household hazardous waste is transported to a treatment,
storage, and disposal facility, including during the use of an exempt
transfer facility while the waste is in transit, a manifest shall be
started by the public agency, or its contractor, when the first
hazardous waste item is collected. The public agency's Environmental
Protection Agency identification number shall be listed on the
manifest. Notwithstanding paragraph (2), waste from multiple
jurisdictions may be mixed in one container, but a separate manifest
shall be created for each jurisdiction unless the collection is part
of a multijurisdictional program. Waste may be consolidated while on
the vehicle.
(f) Notwithstanding Section 25218.4, a mobile household hazardous
waste collection facility, a temporary household hazardous waste
collection facility, or a recycle-only household hazardous waste
collection facility that transports household hazardous waste from
the collection facility to a household hazardous waste collection
facility pursuant to subdivision (a) shall comply with subdivisions
(a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of
Section 25160.
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.