Bill Text: CA SB456 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Household hazardous waste: transportation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 602, Statutes of 2011. [SB456 Detail]
Download: California-2011-SB456-Amended.html
Bill Title: Household hazardous waste: transportation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 602, Statutes of 2011. [SB456 Detail]
Download: California-2011-SB456-Amended.html
BILL NUMBER: SB 456 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN SENATE MAY 2, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Huff
FEBRUARY 16, 2011
An act to amend Sections 25160.2, 25218.1,
25218.5, and 25404 of , and to add and repeal Section 25160.8
of, the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 456, as amended, 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 or household hazardous waste pickup service, as defined,
to transport hazardous waste from individual residences to an
authorized household hazardous waste collection facility. Existing
law requires any person generating hazardous waste that is
transported, or submitted for transportation, for offsite handling,
treatment, storage, disposal, or any combination thereof, to complete
a manifest and exempts a door-to-door household hazardous waste
collection program or pickup service from having to
complete a manifest if it is 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.
Existing law establishes a procedure for a consolidated manifest,
to be used by generators and transporters for certain types of
hazardous waste. A generator using the consolidated manifesting
procedure is required to meet specified requirements, including
having an identification number, except as specified.
This bill would authorize a door-to-door household
hazardous waste collection program to transport household hazardous
waste to a hazardous waste facility, as defined until December 31,
2019. The bill would require the use of the
a registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service to comply with
those manifesting requirements and to additionally comply with a
specified consolidated manifesting procedure by a
public agency or its contractor if it transports household hazardous
waste to a hazardous waste facility. However, the bill would exclude
a generator that is a household from the requirement of having an
identification number. for transporting household
hazardous waste and with other operating and reporting requirements.
The bill would require a public agency to retain a copy of the
manifest in a specified manner, thereby imposing a state-mandated
local program by imposing new duties upon local agencies. The
bill would make these requirements and exclusions
inoperative on January 1, 2020. Because a violation of this
requirement these requirements would be a crime,
the bill would impose a state-mandated local program.
The bill would revise the definition of a household hazardous
waste collection facility and a door-to-door household hazardous
waste collection program, for purposes of the provisions regulating
the household hazardous waste program, and would specify the
conditions under which such a program is deemed to be a household
hazardous waste collection facility.
(2) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program, and every county is required to
apply to the secretary to be certified to implement the unified
program.
This bill would additionally include, until December 31, 2019, in
the unified program, an exempt transfer facility operated by a
door-to-door household hazardous waste collection program, thereby
creating a state-mandated local program by imposing new duties upon
local agencies.
(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 specified reasons.
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 25160.8 is added to the
Health and Safety Code , to read:
25160.8. (a) For purposes of this section, the following
definitions shall apply:
(1) "CESQG wastes" means hazardous waste generated by a
conditionally exempt small quantity generator, as defined in
subdivision (a) of Section 25218.1.
(2) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" has the same
meaning as defined in subdivision (c) of Section 25218.1.
(3) "Household hazardous waste" has the same meaning as defined in
subdivision (e) of Section 25218.1.
(4) "Public agency" has the same meaning as defined in subdivision
(i) of Section 25218.1.
(5) "Registered hazardous waste transporter" or "transporter"
means a person who holds a valid registration issued by the
department pursuant to Section 25163.
(b) Notwithstanding paragraph (3) of subdivision (e) of Section
25218.5, but except as provided in paragraph (9) of subdivision (c),
in addition to complying with the requirements specified in Sections
25160 and 25161, a registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with the consolidated manifesting procedure specified in subdivision
(c) and the requirements of subdivisions (d) and (e).
(c) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following consolidated manifesting procedures when
transporting household hazardous waste:
(1) A separate manifest shall be completed by each vehicle driver
with respect to each transport vehicle operated by that driver for
each date.
(2) The transporter shall complete both the generator's section
and the transporter's section of the manifest in the following
manner:
(A) In completing the generator's section of the manifest, the
transporter shall use the name, identification number, address, and
telephone number of the public agency operating the door-to-door
household hazardous waste collection program.
(B) In completing the transporter's section of the manifest, the
transporter shall use the transporter's own name, identification
number, terminal address, and telephone number.
(C) The generator's and transporter's sections shall be completed
prior to commencing each day's collection. The driver may sign for
the generator.
(3) (A) The transporter shall attach legible receipts to the front
of the manifest for each quantity of household hazardous waste that
is received from a household. The receipts shall be used to determine
the total volume of household hazardous waste in the vehicle.
(B) After the household hazardous waste is delivered, the receipts
shall be affixed to the transporter's copy of the manifest.
(C) The transporter shall provide a copy of the receipt to the
public agency authorizing the door-to-door household hazardous waste
collection program.
(D) A public agency shall retain each receipt submitted pursuant
to this paragraph for at least three years. The public agency shall
also retain the receipt during the course of any unresolved
enforcement action regarding a regulated activity or as requested by
the department or a certified unified program agency.
(4) Each receipt specified in paragraph (3) shall have the
residential address from which the household hazardous waste was
received, the date received, the manifest number, the volume or
quantity of household hazardous waste received, the type of household
hazardous waste received, the public agency name and phone number,
and the driver's signature.
(5) The transporter shall enter the total volume or quantity of
each type of household hazardous waste transported on the manifest at
the change of each date, change of driver, or change of transport
vehicle. The total volume or quantity shall be the cumulative amount
of each type of household hazardous waste collected from the
generators listed on the individual receipts.
(6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This transporter shall also retain the manifest during the
course of any unresolved enforcement action regarding a regulated
activity or as requested by the department or a certified unified
program agency.
(8) (A) The transporter shall submit all copies of the manifest to
the designated facility.
(B) A representative of the designated hazardous waste facility
that receives the household hazardous waste shall sign and date the
manifest, return two copies to the transporter, retain one copy, and
send the original to the department within 30 days of receipt.
(C) In lieu of submitting a copy of each manifest used, the
facility operator may submit an electronic report to the department
that meets the requirements of Section 25160.3.
(D) If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department pursuant to Section
25160 or 25161, the consolidated transporter, acting as generator,
shall submit a copy of the manifest signed by the receiving hazardous
waste facility to the department pursuant to paragraph (3) of
subdivision (b) of Section 25160.
(9) A transporter shall comply with the requirements of Sections
25160 and 25161, unless expressly exempted pursuant to this section.
(d) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following requirements:
(1) A separate consolidated manifest shall be initiated for each
jurisdiction, such as from each city or each county, from which
household hazardous waste is collected, using the identification
number of the public agency operating the door-to-door household
hazardous waste collection program in that jurisdiction.
(2) (A) Only used oil, latex paint, and antifreeze that are
household hazardous wastes that are collected from individual
residents may be separately bulked on the vehicle, if the original
containers are appropriately managed.
(B) A transporter collecting household hazardous wastes from
multiple jurisdictions may consolidate those wastes at the time they
are collected only if there is a written agreement among all of the
jurisdictions and the transporter that wastes from multiple
jurisdictions may be consolidated.
(3) The transporter operating the door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service shall not collect CESQG wastes or mix household
hazardous waste with CESQG wastes in the same vehicle or at the same
time as conducting the residential door-to-door collection or
household hazardous waste residential pickup service.
(4) (A) The transporter shall conduct all door-to-door or
residential pickup operations to minimize potential harm to the
public, operators, haulers, and the environment.
(B) All associated collection personnel, contractors, and
emergency response personnel who will be handling the hazardous waste
shall use all required personal protective and safety equipment
during operating hours, as specified in Title 8 of California Code of
Regulations.
(C) The transporter shall allow only those persons trained in
hazardous waste management, including personnel loading or unloading
waste from transport vehicles, to handle the household hazardous
waste.
(D) The transporter shall make available, upon request, to local,
state, or federal agencies, the job titles, job descriptions, and
personnel training records maintained for each person handling
hazardous waste, in the same manner as a hazardous waste facility
operator, as specified in subdivision (d) of Section 66264.16 of
Title 22 of the California Code of Regulations.
(e) (1) A transporter operating a door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service using the consolidated manifesting procedure specified
in this section shall submit quarterly reports to the department 30
days after the end of each quarter. The transporter shall submit the
first quarterly report on October 31, 2012, covering the July to
September 2012 period, and the transporter shall submit a report
every three months thereafter. Except as otherwise specified in
paragraph (2), the quarterly report shall be submitted in an
electronic format provided by the department.
(2) A transporter that uses the consolidated manifesting procedure
specified in this section for less than 1,000 tons per calendar year
may apply to the department to continue submitting paper format
reports.
(3) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each consolidated
manifest:
(A) The name, address, and identification number, the contact
person's name, and the telephone number of the public agency
authorizing the door-to-door collection program or household
hazardous waste residential pickup service for each consolidated
manifest.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category listed.
(4) The department shall make all of the information in the
quarterly reports submitted pursuant to this subdivision available to
the public, through its usual means of disclosure, except the
department shall not disclose the association between any specific
transporter and specific generator. The list of generators served by
a transporter shall be deemed to be a trade secret and confidential
business information for purposes of Section 25173 and pursuant to
the regulations adopted by the department, as specified in Section
66260.2 of Title 22 of the California Code of Regulations.
(f) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SECTION 1. Section 25160.2 of the Health and
Safety Code is amended to read:
25160.2. (a) In lieu of the procedures prescribed by Sections
25160 and 25161, transporters and generators of hazardous waste
meeting the conditions in this section may use the consolidated
manifesting procedure set forth in subdivision (b) to consolidate
shipments of waste streams identified in subdivision (c) collected
from multiple generators onto a single consolidated manifest.
(b) The following consolidated manifesting procedure may be used
only for non-RCRA hazardous waste or for RCRA hazardous waste that is
not required to be manifested pursuant to the federal act or the
federal regulations adopted pursuant to the federal act and
transported by a registered hazardous waste transporter, and used
only with the consent of the generator:
(1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
(2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
identification number, terminal address, and telephone number. The
generator's and transporter's sections shall be completed prior to
commencing each day's collections. The driver shall sign and date the
generator's and transporter's sections of the manifest.
(3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of hazardous waste that is
received from a generator. The receipts shall be used to determine
the total volume of hazardous waste in the vehicle. After the
hazardous waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest. The transporter shall leave a
copy of the receipt with the generator of the hazardous waste. The
generator shall retain each receipt for at least three years. This
period of retention is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or
as requested by the department or a certified unified program
agency.
(4) All copies of each receipt shall contain all of the following
information:
(A) The name, address, identification number, contact person, and
telephone number of the generator, and the signature of the generator
or the generator's representative.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste codes, the waste stream type listed in
subdivision (c), and its proper shipping description, including the
hazardous class and United Nations/North America (UN/NA)
identification number, if applicable.
(E) The name, address, and identification number of the authorized
facility to which the hazardous waste will be transported.
(F) The transporter's name, address, and identification number.
(G) The driver's signature.
(H) A statement, signed by the generator, certifying that the
generator has established a program to reduce the volume or quantity
and toxicity of the hazardous waste to the degree, as determined by
the generator, to be economically practicable.
(5) The transporter shall enter the total volume or quantity of
each waste stream transported on the manifest at the change of each
date, change of driver, or change of transport vehicle. The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts. In lieu of submitting a copy of each manifest used, a
facility operator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
(6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a certified unified
program agency.
(8) The transporter shall submit all copies of the manifest to the
designated facility. A representative of the designated facility
that receives the hazardous waste shall sign and date the manifest,
return two copies to the transporter, retain one copy, and send the
original to the department within 30 days.
(9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
section. If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department, the consolidated
transporter, acting as generator, shall submit a copy of the manifest
signed by the receiving facility to the department pursuant to
paragraph (3) of subdivision (b) of Section 25160.
(10) Each generator using the consolidated manifesting procedure
shall have an identification number, unless the generator is either
of the following:
(A) The generator is exempted from manifesting requirements by
action of Section 25143.13 for generators of photographic waste less
than 100 kilograms per calendar month.
(B) (i) The generator is a household, as defined in subdivision
(d) of Section 25218.1.
(ii) The exemption provided by clause (i) shall not be operative
on and after January 1, 2020.
(c) The consolidated manifesting procedure set forth in
subdivision (b) may be used only for the following waste streams and
in accordance with the conditions specified below for each waste
stream:
(1) Used oil and the contents of an oil/water separator, if the
separator is a catch basin, clarifier, or similar collection device
that is used to collect water containing residual amounts of one or
more of the following: used oil, antifreeze, or other substances and
contaminants associated with activities that generate used oil and
antifreeze.
(2) The wastes listed in subparagraph (A) may be manifested under
the procedures specified in this section only if all of the
requirements specified in subparagraphs (B) and (C) are satisfied.
(A) Wastes eligible for consolidated manifesting:
(i) Solids contaminated with used oil.
(ii) Brake fluid.
(iii) Antifreeze.
(iv) Antifreeze sludge.
(v) Parts cleaning solvents, including aqueous cleaning solvents.
(vi) Hydroxide sludge contaminated solely with metals from a
wastewater treatment process.
(vii) "Paint-related" wastes, including paints, thinners, filters,
and sludges.
(viii) Spent photographic solutions.
(ix) Dry cleaning solvents (including percholoroethylene, naphtha,
and silicone based solvents).
(x) Filters, lint, and sludges contaminated with dry cleaning
solvent.
(xi) Asbestos and asbestos-containing materials.
(xii) Inks from the printing industry.
(xiii) Chemicals and laboratory packs collected from K-12 schools.
(xiv) Absorbents contaminated with other wastes listed in this
section.
(xv) Filters from dispensing pumps for diesel and gasoline fuels.
(xvi) Any other waste, as specified in regulations adopted by the
department.
(xvii) On and before December 31, 2019, household hazardous waste,
as defined in subdivision (e) of Section 25218.1, that is collected
by a door-to-door household hazardous waste collection program. On
and after January 1, 2020, household hazardous waste that is
collected by a door-to-door household hazardous waste collection
program is not eligible for consolidated manifesting pursuant to this
subparagraph.
(B) The generator does not generate more than 1,000 kilograms per
calendar month of hazardous waste and meets the conditions of
paragraph (1) of subdivision (h) of Section 25123.3. For the purpose
of calculating the 1,000 kilograms per calendar month limit described
in this section, the generator may exclude the volume of used oil
and the contents of the oil/water separator that is managed pursuant
to paragraph (1) of subdivision (c).
(C) (i) The generator enters into an agreement with the
transporter in which the transporter agrees that the transporter will
submit a confirmation to the generator that the hazardous waste was
transported to an authorized hazardous waste treatment facility for
appropriate treatment. The agreement may provide that the hazardous
waste will first be transported to a storage or transfer facility in
accordance with the applicable provisions of law.
(ii) The treatment requirement specified in clause (i) does not
apply to asbestos, asbestos-containing materials, and chemicals and
laboratory packs collected from K-12 schools, or any other waste
stream for which the department determines there is no reasonably
available treatment methodology or facility. These wastes shall be
transported to an authorized facility.
(d) Transporters using the consolidated manifesting procedure set
forth in this section shall submit quarterly reports to the
department 30 days after the end of each quarter. The first quarterly
report shall be submitted on October 31, 2002, covering the July to
September 2002 period, and every three months thereafter. Except as
otherwise specified in paragraph (1), the quarterly report shall be
submitted in an electronic format provided by the department.
The department shall make all of the information in the quarterly
reports submitted pursuant to this subdivision available to the
public, through its usual means of disclosure, except the department
shall not disclose the association between any specific transporter
and specific generator. The list of generators served by a
transporter shall be deemed to be a trade secret and confidential
business information for purposes of Section 25173 and Section
66260.2 of Title 22 of the California Code of Regulations.
(1) Transporters that use the consolidated manifesting procedure
for less than 1,000 tons per calendar year may apply to the
department to continue submitting paper format reports.
(2) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each consolidated
manifest:
(A) The name, address, and identification number, the contact
persons's name, and the telephone number of each generator.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category listed
in subdivision (c).
SEC. 2. 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 meanings:
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern 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 either of the following:
(1) An authorized household hazardous waste collection facility.
(2) (A) A hazardous waste facility, as defined in Section
66260.10 of Title 22 of the California Code of Regulations.
(B) Subparagraph (A)
shall not be operative on or after January 1, 2020.
service" means a household hazardous waste service that meets all of
the following requirements:
(1) The program or service is operated by a public agency or its
contractor.
(2) The program or service is operated in accordance with
subdivision (e) of Section 25218.5.
(3) (A) The program or service collects household hazardous waste
from individual residences and transports that waste in an inspected
and certified hazardous waste transport vehicle or by a registered
hazardous waste transporter to either of the following:
(i) An authorized household hazardous waste collection facility.
(ii) A hazardous waste facility, as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
(B) Clause (ii) of subparagraph (A) shall become inoperative on
and after January 1, 2020.
(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 hazardous waste generated
incidental to owning or maintaining a place of residence. Household
hazardous waste does not include 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), door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service, as defined in subdivision (c), 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 polychlorinated
biphenyls (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" means a 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
collection 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), 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.
SEC. 3. 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 collection 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 collection facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste collection 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) (i) On and before December 31, 2019, if household hazardous
waste is transported to a hazardous waste facility, as defined in
Section 66260.10 of Title 22 of the California Code of Regulations,
the consolidated manifesting procedures specified in Section
25160.2 25160.8 shall be used by the public
agency or its contractor.
(ii) On and after January 1, 2020, the requirements of clause (i)
shall not be operative.
(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.
(g) (1) Except as provided in paragraph (2), a door-to-door
household hazardous waste collection program or household hazardous
waste residential pickup service shall not be deemed to be a
household hazardous waste collection facility for purposes of this
chapter if it is operated in conjunction with an authorized household
hazardous waste collection facility.
(2) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service, under which
household hazardous waste is collected from households in one
jurisdiction and transported to an authorized household hazardous
waste collection facility in another jurisdiction, shall be deemed a
household hazardous waste collection facility for purposes of this
chapter and shall submit the notification required in Section 25218.2
to each CUPA in whose jurisdiction the household hazardous waste is
collected.
SEC. 4. Section 25404 of the Health and Safety Code is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the Uniform Fire Code or the Uniform Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(iv) On and before December 31, 2019, a transfer facility, as
described in paragraph (3) of subdivision (a) of Section 25123.3,
that is operated by a door-to-door household hazardous waste
collection program, as defined in subdivision (c) of Section 25218.1.
On and after January 1, 2020, the unified program shall not include
a transfer facility operated by a door-to-door household hazardous
waste collection program.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, that are applicable to
persons operating transportable treatment units, except that any
required notice regarding transportable treatment units shall also be
provided to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 concerning hazardous material management
plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph
to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency. The information initially included in the
statewide information management system shall include, but is not
limited to, the hazardous materials inventory information required to
be submitted pursuant to Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code or because costs may be incurred by a
local agency or school district 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.
