BILL NUMBER: SB 456 CHAPTERED
BILL TEXT
CHAPTER 602
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY AUGUST 26, 2011
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, 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, 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 residential 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 household hazardous waste residential 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.
This bill would allow a registered hazardous waste transporter
operating a door-to-door household hazardous waste collection program
or household hazardous waste residential pickup service to instead
use a specified manifesting procedure for transporting household
hazardous waste, if the transporter complies with certain 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 inoperative on
January 1, 2020. Because a violation of 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25160 of the Health and Safety Code is amended
to read:
25160. (a) For purposes of this chapter, the following
definitions apply:
(1) "Manifest" means a shipping document originated and signed by
a generator of hazardous waste that contains all of the information
required by the department and that complies with all applicable
federal and state regulations.
(2) "California Uniform Hazardous Waste Manifest" means either of
the following:
(A) A manifest document printed and supplied by the state for a
shipment initiated on or before September 4, 2006.
(B) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on or after September 5, 2006.
(3) For purposes of this section and Section 25205.15, a shipment
is initiated on the date when the manifest is signed by the first
transporter and the hazardous waste leaves the site where it is
generated.
(b) (1) Except as provided in Section 25160.2 or 25160.8, or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, shall complete a manifest prior to the
time the waste is transported or offered for transportation, and
shall designate on that manifest the facility to which the waste is
to be shipped for the handling, treatment, storage, disposal, or
combination thereof. The manifest shall be completed as required by
the department. The generator shall provide the manifest to the
person who will transport the hazardous waste, who is the driver, if
the hazardous waste will be transported by vehicle, or the person
designated by the railroad corporation or vessel operator, if the
hazardous waste will be transported by rail or vessel.
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest supplied by the department for all shipments
of hazardous waste initiated on and before September 4, 2006, for
which a manifest is required, except as provided in paragraph (2).
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) A manifest shall only be used for the purposes specified in
this chapter, including, but not limited to, identifying materials
that the person completing the manifest reasonably believes are
hazardous waste.
(D) Within 30 days from the date of transport, or submission for
transport, of hazardous waste, each generator of that hazardous waste
shall submit to the department a legible copy of each manifest used.
The copy submitted to the department shall contain the signatures of
the generator and the transporter.
(E) In lieu of submitting a copy of each manifest used, a
generator may submit an electronic report to the department meeting
the requirements of Section 25160.3.
(2) Except as provided in Section 25160.2 or 25160.8 or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, outside of the state, shall complete,
whether or not the waste is determined to be hazardous by the
importing country or state, a manifest in accordance with the
following conditions:
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest or the manifest required by the receiving
state for all shipments of hazardous waste initiated on and before
September 4, 2006, for which a manifest is required.
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) The generator shall submit a copy of the manifest specified in
subparagraph (A) or (B), as applicable, to the department within 30
days from the date of the transport, or submission for transport, of
the hazardous waste. In lieu of submitting a copy of each manifest
used, a generator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
(3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used. The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator. If within 35 days from the date of the initial shipment, or
for exports by water to foreign countries 60 days after the initial
shipment, the generator has not received a copy of the manifest
signed by all transporters and the facility operator, the generator
shall contact the owner or operator of the designated facility to
determine the status of the hazardous waste and to request that the
owner or operator immediately provide a signed copy of the manifest
to the generator. Except as provided otherwise in paragraph (2) of
subdivision (h) of Section 25123.3, if within 45 days from the date
of the initial shipment or, for exports by water to foreign
countries, 90 days from the date of the initial shipment, the
generator has not received a copy of the signed manifest from the
facility owner or operator, the generator shall submit an exception
report to the department.
(4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this section. The requirements for an alternative
form of manifest shall ensure that the hazardous waste is transported
by a registered hazardous waste transporter, that the hazardous
waste is tracked, and that human health and safety and the
environment are protected.
(5) (A) Notwithstanding any other provision of this section,
except as provided in subparagraph (B), the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the consolidated manifest
procedures in Section 25160.2 or with the procedures specified in
Section 25160.8, or when the transporter is operating pursuant to a
variance issued by the department pursuant to Section 25143
authorizing the use of a consolidated manifest for waste not listed
in Section 25160.2, if the generator, transporter, and facility are
all identified as the same company on the hazardous waste manifest.
If multiple identification numbers are used by a single company, all
of the company's identification numbers shall be included in its
annual transporter registration application, if those numbers will be
used with the consolidated manifest procedure. Nothing in this
paragraph affects the obligation of a facility operator to submit to
the department a copy of a manifest pursuant to this section.
(B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
(c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain. The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code. The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation. However, the form of the
manifest and the information required shall be consistent with
federal regulations.
(2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
(d) (1) A person who transports hazardous waste in a vehicle shall
have a manifest in his or her possession while transporting the
hazardous waste. The manifest shall be shown upon demand to any
representative of the department, any officer of the California
Highway Patrol, any local health officer, any certified unified
program agency, or any local public officer designated by the
director. If the hazardous waste is transported by rail or vessel,
the railroad corporation or vessel operator shall comply with
Subchapter C (commencing with Section 171.1) of Chapter 1 of Subtitle
B of Title 49 of the Code of Federal Regulations and shall also
enter on the shipping papers any information concerning the hazardous
waste that the department may require.
(2) Any person who transports a waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
(3) A person who transports hazardous waste shall transfer a copy
of the manifest to the facility operator at the time of delivery, or
to the person who will subsequently transport the hazardous waste in
a vehicle. A person who transports hazardous waste and then transfers
custody of that hazardous waste to a person who will subsequently
transport that waste by rail or vessel shall transfer a copy of the
manifest to the person designated by the railroad corporation or
vessel operator, as specified by Subchapter C (commencing with
Section 171.1) of Chapter 1 of Subtitle B of Title 49 of the Code of
Federal Regulations.
(4) A person transporting hazardous waste by motor vehicle, rail,
or water shall certify to the department, at the time of initial
registration and at the time of renewal of that registration pursuant
to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
(e) (1) A facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste. The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator. In instances in which the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state. 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.
(2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
(3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
(A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
(B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
(4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
(f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically. A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
(g) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.
SEC. 2. 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) In lieu of the requirements imposed upon a generator pursuant
to subdivision (b) of Section 25160 and the regulations adopted by
the department pursuant to Section 25161, a registered hazardous
waste transporter operating a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service may use the manifesting procedure specified in subdivision
(c) if the transporter complies with 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 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 maintained with the transporter's copy of the manifest.
(C) The transporter shall provide a copy of the manifest to the
public agency authorizing the door-to-door household hazardous waste
collection program.
(D) A public agency shall retain each manifest submitted pursuant
to this paragraph for at least three years. The public agency 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.
(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 a 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 transporter, acting on behalf of the 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 all other 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 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 household hazardous
waste 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 the 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 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 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 manifest:
(A) The name of the public agency authorizing the door-to-door
household hazardous waste collection program or household hazardous
waste residential pickup service for each 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.
(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.
SEC. 3. 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
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 operated 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. 4. 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 25160.8
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. 5. 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 or household hazardous waste residential pickup
service, 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. 6. 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.