BILL NUMBER: AB 1187 CHAPTERED
BILL TEXT
CHAPTER 316
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2001
APPROVED BY GOVERNOR SEPTEMBER 19, 2001
PASSED THE ASSEMBLY AUGUST 30, 2001
PASSED THE SENATE AUGUST 27, 2001
AMENDED IN SENATE JULY 19, 2001
AMENDED IN SENATE JULY 10, 2001
AMENDED IN ASSEMBLY APRIL 30, 2001
AMENDED IN ASSEMBLY APRIL 18, 2001
INTRODUCED BY Assembly Member Simitian
FEBRUARY 23, 2001
An act to amend Sections 47200, 42845, 42961.5, and 48660 of the
Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1187, Simitian. Solid waste: recycling: tires: used oil.
(1) Existing law, the California Integrated Waste Management Act
of 1989, establishes an integrated waste management program
administered by the California Integrated Waste Management Board.
Under the act, each operator of a solid waste disposal facility is
required to pay a quarterly fee to the State Board of Equalization,
based upon the amount of solid waste disposed of at each site, and
the revenue from the fee is required to be deposited in the
Integrated Waste Management Account in the Integrated Waste
Management Fund. The board is authorized to expend the revenues in
the account, upon appropriation by the Legislature, for specified
purposes, including issuing grants to cities, counties, or other
local agencies for specified purposes with regard to preventing the
disposal of hazardous waste at solid waste disposal sites. Existing
law prohibits the total amount of grants made by the board pursuant
to this grant program from exceeding, in any one fiscal year,
$3,000,000.
This bill would allow the total amount of grants made by the board
pursuant to the grant program to exceed that amount, but would
prohibit the amount from exceeding $5,000,000, in any one fiscal
year, if sufficient funds are appropriated from the Integrated Waste
Management Account.
(2) Existing law, which is part of the act, requires any person
who stores, stockpiles, or accumulates waste tires in a specified
manner, to clean up those waste tires or abate the effects thereof,
or in the case of threatened pollution or nuisance, as defined, take
other necessary remedial action, upon the order of the board. If a
person fails to comply with such an order, the Attorney General,
district attorney, or county counsel is required to file a petition
within 45 days of the discovery of the failure to comply with the
board's order, at the request of the board.
This bill would instead require the Attorney General to make such
a petition, at the request of the board, and would authorize the
district attorney or county counsel to file a petition within 45 days
of the board's request, if the Attorney General declines, or is
unable, to file a petition.
(3) Existing law requires every person who engages in the
transportation of used and waste tires to hold a valid waste tire
hauler registration.
This bill would define the term "waste and used tire hauler" for
purposes of those provisions.
(4) Existing law authorizes a generator, waste and used tire
hauler, or operator of a waste tire facility that is subject to
prescribed requirements to submit an electronic report that includes
all information required to be on the California Uniform Waste and
Used Tire Manifest, if this submission is approved by the California
Integrated Waste Management Board.
This bill would delete the provision in which this authority is
granted in existing law, and would instead move this authority to
another provision. The bill would also make related technical and
conforming changes.
(5) Existing law, the California Oil Recycling Enhancement Act,
requires an oil manufacturer to pay the board a specified amount for
every gallon of lubricating oil sold or transferred in the state, or
imported into the state for use in the state. These amounts are
required to be deposited in the California Used Oil Recycling Fund,
which is continuously appropriated for specified purposes, including
the payment of recycling incentives to certified used oil collection
centers. Existing law requires a used oil collection center to
operate in a specified manner and prohibits a used oil collection
center from accepting more than 20 gallons of used lubricating oil
from a person each day.
This bill would repeal that prohibition.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47200 of the Public Resources Code is amended
to read:
47200. (a) The board shall expend funds from the account, upon
appropriation by the Legislature, for the making of grants to cities,
counties, or other local agencies with responsibility for solid
waste management, and for local programs to help prevent the disposal
of hazardous wastes at disposal sites, including, but not limited
to, programs to expand or initially implement household hazardous
waste programs. In making grants pursuant to this section, the board
shall give priority to funding programs that provide for the
following:
(1) New programs for rural areas, underserved areas, and for small
cities.
(2) Expansion of existing programs to provide for the collection
of additional waste types, innovative or more cost-effective
collection methods, or expanded public education services.
(3) Regional household hazardous waste programs.
(b) (1) The total amount of grants made by the board pursuant to
this section shall not exceed, in any one fiscal year, three million
dollars ($3,000,000).
(2) Notwithstanding paragraph (1), the total amount of grants made
by the board pursuant to this section may exceed three million
dollars ($3,000,000) but shall not exceed five million dollars
($5,000,000), in any one fiscal year, if sufficient funds are
appropriated from the Integrated Waste Management Account for this
purpose.
SEC. 2. Section 42845 of the Public Resources Code is amended to
read:
42845. (a) Any person who stores, stockpiles, or accumulates
waste tires at a location for which a waste tire facility permit is
required pursuant to this chapter, or in violation of the terms and
conditions of the permit, the provisions of this chapter, or the
regulations adopted under this chapter, shall, upon order of the
board, clean up those waste tires or abate the effects thereof, or,
in the case of threatened pollution or nuisance, take other necessary
remedial action.
(b) (1) Upon failure of any person to comply with the cleanup or
abatement order, the Attorney General, at the request of the board,
shall petition the superior court for that county for the issuance of
an injunction requiring the person to comply with that order. In
any suit, the court shall have jurisdiction to grant a prohibitory or
mandatory injunction, either preliminary or permanent, as the facts
may warrant.
(2) If the Attorney General declines, or is unable, to petition
the appropriate superior court for issuance of an injunction within
45 days from the board's request, pursuant to paragraph (1), the
district attorney or county counsel of that county may, at the board'
s request, petition the superior court for issuance of the injunction
specified in paragraph (1).
SEC. 3. Section 42961.5 of the Public Resources Code is amended to
read:
42961.5. (a) For purposes of this chapter, the following
definitions shall apply:
(1) "California Uniform Waste and Used Tire Manifest" means a
shipping document signed by a generator of waste or used tires, a
waste and used tire hauler, or the operator of a waste or used tire
facility or other destination that contains all of the information
required by the board, including, but not limited to, an accurate
measurement of the number of tires being shipped, the type or types
of the tires, the date the shipment originated, and the origin and
intended final destination of the shipment.
(2) "Waste and used tire hauler" means any person required to be
registered with the board pursuant to subdivision (a) of Section
42951.
(b) Any person generating waste or used tires that are transported
or submitted for transportation, for offsite handling, altering,
storage, disposal, or for any combination thereof, shall complete a
California Uniform Waste and Used Tire Manifest, as required by the
board. The generator shall provide the manifest to the waste and
used tire hauler at the time of transfer of the tires. Each
generator shall submit to the board, on a quarterly schedule, a
legible copy of each manifest. The copy submitted to the board shall
contain the signatures of the generator and the waste and used tire
hauler.
(c) (1) Any waste and used tire hauler shall have the California
Uniform Waste and Used Tire Manifest in his or her possession while
transporting waste or used tires. The manifest shall be shown upon
demand to any representative of the board, any officer of the
California Highway Patrol, any peace officer, as defined in Section
830.1 or 830.2 of the Penal Code, or any local public officer
designated by the board.
(2) Any waste and used tire hauler hauling waste or used tires for
offsite handling, altering, storage, disposal, or any combination
thereof, shall complete the California Uniform Waste and Used Tire
Manifest as required by the board. The waste and used tire hauler
shall provide the manifest to the waste or used tire facility
operator who receives the waste or used tires for handling, altering,
storage, disposal, or any combination thereof. Each waste and used
tire hauler shall submit to the board, on a quarterly schedule, a
legible copy of each manifest. The copy submitted to the board shall
contain the signatures of the generator and the facility operator.
(d) Each waste or used tire facility operator that receives waste
or used tires for handling, altering, storage, disposal, or any
combination thereof, that was transported with a manifest pursuant to
this section, shall submit copies of each manifest provided by the
waste and used tire hauler to the board and the generator on a
quarterly schedule. The copy submitted to the board shall contain
the signatures of each generator, each transporter, and the facility
operator. If approved by the board, in lieu of submitting a copy of
each manifest used, a facility operator may submit an electronic
report to the board meeting the requirements of Section 42814.
(e) The board shall develop and implement a system for auditing
manifests submitted to the board pursuant to this section, for the
purpose of enforcing this section. The board or its agent shall
continuously conduct random sampling and matching of manifests
submitted by any person generating waste or used tires, hauling waste
or used tires, or operating waste or used tire facilities, to assure
compliance with this section.
(f) (1) If approved by the board, any waste and used tire
generator, waste and used tire hauler, or operator of a waste tire
facility that is subject to the manifest requirements of this
section, may submit an electronic report to the board, in lieu of
submitting the copy of the manifest required. The electronic report
shall include all information required to be on the California
Uniform Waste and Used Tire Manifest, and any other information
required by the board.
(2) A waste and used tire generator, waste and used tire hauler,
or operator of a waste tire facility that is subject to paragraph (1)
may submit the electronic reports to the board on a quarterly
schedule.
SEC. 4. Section 48660 of the Public Resources Code is amended to
read:
48660. (a) No used oil collection center shall be eligible for
the payment of recycling incentives until the board has certified
that the center is in compliance with the requirements specified in
subdivision (b). Before certification, the board may require the
center to submit any information that the board determines is
necessary to find that the center is in compliance with those
requirements. A center shall reapply for certification every two
years. The board may cancel the certification of a center if the
board finds, after a public hearing, that the center is not, or has
not been, in compliance with subdivision (b). The board may withhold
the payment of recycling incentives for used lubricating oil
collected by a center if the board finds that the center was not in
compliance with subdivision (b) during the time in which the used
lubricating oil was collected.
(b) To be eligible for certification by the board and for the
payment of recycling incentives, the used oil collection center shall
do all of the following:
(1) (A) Accept used lubricating oil from the public at no charge
during the hours between 8 a.m. and 8 p.m. that the entity operating
as the center is open for business.
(B) The board may approve alternative hours for the acceptance of
used lubricating oil by an individual center if either of the
following conditions is met:
(i) The center accepts used lubricating oil for 12 continuous
hours daily.
(ii) The center demonstrates that compliance with Section 279.31
of Title 40 of the Code of Federal Regulations prevents the center
from complying with subparagraph (A).
(2) Pay to any person an amount equal to the recycling incentive
which the center will receive for used lubricating oil brought to the
center in containers by the person. Nothing in this chapter
prohibits any person from donating used lubricating oil to a center.
With the exception of centers that generate used lubricating oil by
servicing motor vehicles, the recycling incentive may be in the form
of a credit that may be applied toward the purchase of goods or
services offered by the center, as determined by the board. The
credit shall be in the form of a voucher or coupon with a value of at
least twice the incentive amount to be paid pursuant to Section
48652 and have no other limits for use, unless prescribed by the
board.
(3) Provide information to the board for informing the public of
the center's acceptance of used lubricating oil.
(4) Provide notice to the public, through onsite signs and
periodic advertising in local media, of the center's acceptance of
used lubricating oil from the public.
(A) Onsite signs shall be of a design prescribed by the board and
exterior signs shall be posted in a location that is easily visible
from a public street.
(B) A certified center shall post a combined symbolic and
information exterior sign of at least two feet by three feet in size,
or shall post an exterior symbolic sign of at least two feet by 18
inches in size. If the exterior symbolic sign is posted, the
combined symbolic and informational sign shall be concurrently posted
so that it is easily readable from the location where the used oil
is received from the public. The exterior symbolic sign shall
include the following words in a manner specified by the board:
"Used Oil Collection Center."
(C) The informational portion of the combined signs shall include
the following words, in a manner specified by the board: "Used Oil
Collection Center--Recycling Incentive Paid for Used Lubricating Oil
in Containers During Business Hours from Members of the Public Who
Change Their Own Oil."
(D) A center that does not accept used lubricating oil from the
public during all of its business hours, but meets the requirements
of paragraph (1), shall indicate on the exterior sign the hours when
that used oil is accepted at no charge from the public and these
hours shall be posted instead of the business hours.
(E) If local zoning ordinances prevent signs of a size consistent
with this paragraph, the exterior symbolic sign shall be of the
maximum allowable size.
(c) Notwithstanding subdivision (b), a used oil collection center
may refuse to accept used lubricating oil which has been contaminated
in a manner other than that which would occur through normal use.
(d) Notwithstanding subdivision (b), no used oil collection center
shall knowingly accept used lubricating oil for which a payment has
not been made pursuant to Section 48650.