BILL NUMBER: SB 271 CHAPTERED
BILL TEXT
CHAPTER 319
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2001
APPROVED BY GOVERNOR SEPTEMBER 19, 2001
PASSED THE SENATE SEPTEMBER 4, 2001
PASSED THE ASSEMBLY AUGUST 30, 2001
AMENDED IN ASSEMBLY AUGUST 20, 2001
AMENDED IN ASSEMBLY JULY 20, 2001
AMENDED IN ASSEMBLY JULY 5, 2001
AMENDED IN ASSEMBLY JUNE 20, 2001
AMENDED IN SENATE APRIL 23, 2001
AMENDED IN SENATE APRIL 16, 2001
INTRODUCED BY Senator O'Connell
FEBRUARY 16, 2001
An act to amend Sections 25160, 25165, and 25205.16 of, to add
Sections 25110.9.3, 25110.10.1, and 25160.2 to, and to repeal Section
25250.8 of, the Health and Safety Code, and to amend Section 4 of
Chapter 684 of the Statutes of 1992, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 271, O'Connell. Hazardous waste: transportation: manifests:
information.
(1) 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 prior to the time the waste is transported or
offered for transportation and to submit the manifest to the
Department of Toxic Substances Control. Existing law requires any
person who transports hazardous waste in a vehicle to have a manifest
in his or her possession and requires the manifest to be shown upon
demand to any representative of the department, any officer of the
California Highway Patrol, any local health officer, or any local
public officer designated by the director. A violation of the laws
regulating hazardous waste is a crime.
This bill would additionally require the manifest to be shown,
upon demand, to any certified unified program agency. Since a
violation of this requirement would be a crime under existing law,
the bill would impose a state-mandated local program.
(2) Existing law provides a modified manifesting procedure, which
may be used only for non-RCRA waste or for RCRA waste that is not
required to be manifested pursuant to federal law, and may be used
only with the consent of the generator. Existing law allows used
oil, antifreeze, oil/water separation sludge, and parts cleaning
solvent to be manifested for transportation under this modified
manifesting procedure.
This bill would repeal the current modified manifesting procedure
and would establish a procedure for a consolidated manifest, as
defined, to be used only for non-RCRA hazardous waste or for RCRA
hazardous waste that is not required to be manifested pursuant to
federal law, and to be used only with the consent of the generator.
This bill would define the terms "consolidated transporter" and
"consolidated manifest" for purposes of this consolidated manifesting
procedure.
The bill would include, as eligible for the consolidated
manifesting procedure, in addition to the materials currently subject
to the modified manifesting procedure, solids contaminated with used
oil, brake fluid, paint-related waste, spent photographic solutions,
hydroxide sludge contaminated with metals from a wastewater
treatment process, dry cleaning solvents and related wastes,
asbestos, inks, chemical and laboratory lab packs collected from
elementary and secondary schools, filters from dispensing pumps for
fuels, disabled vehicle wastes, as defined, and any other waste, as
specified, in regulations adopted by the department pursuant to
specified requirements. The bill would require a transporter using
the consolidated manifesting procedure to submit specified quarterly
reports to the department, and would impose new requirements
concerning the retention of receipts and manifests under the
consolidated manifesting procedure. The bill would also make
conforming changes.
(3) Existing law requires any application for a hazardous waste
transporter's application for an original or renewal registration
received on or after January 1, 2000, from a transporter that
transports or intends to transport used oil, antifreeze, oil/water
separation sludge or parts cleaning solvent pursuant to the modified
manifesting procedure to include a statement by the transporter
notifying the department of that transportation.
This bill would require an application for an original or renewal
registration received on or after January 1, 2002, from a transporter
that transports or intends to transport any waste stream pursuant to
the consolidated manifesting procedure established by this bill to
include the notification statement by the transporter and to list the
specific category or categories of waste streams to be transported
using the consolidated manifesting procedure. The bill would also
authorize the department to revoke or suspend an authorization to
operate, as specified, and would require that revocation or
suspension to be based upon a finding of specified factors.
(4) Existing law requires the department to adopt regulations that
eliminate the requirement that generators who generate 100 kilograms
or less of hazardous waste per month and are engaged solely in used
oil or solvents milk run activities obtain a California EPA number.
This bill would repeal that requirement.
(5) Existing law authorizes the department to impose an annual
verification fee upon all generators, transporters, and facility
operators with 50 or more employees that possess a valid
identification number issued either by the department or by the
Environmental Protection Agency. Existing law requires the
department to establish an identification number certification system
to biennially verify the accuracy of information related to
generators, transporters, and facilities authorized to treat, store,
or dispose of hazardous waste and requires the system to only include
the verification of specified information.
This bill would require each entity issued an identification
number to provide or verify this information and would revise the
information required to be provided, thereby imposing a
state-mandated local program by creating a new crime. The bill would
also make conforming changes.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25110.9.3 is added to the Health and Safety
Code, to read:
25110.9.3. For purposes of this chapter, "consolidated manifest"
means a hazardous waste manifest used by a milk run transporter to
combine hazardous waste shipments from multiple generators on one
consolidated manifest pursuant to the procedures in Section 25160.2.
SEC. 2. Section 25110.10.1 is added to the Health and Safety Code,
to read:
25110.10.1. For purposes of this chapter, "consolidated
transporter" means a hazardous waste transporter registered pursuant
to Section 25165 and the regulations adopted by the department who
has notified the department pursuant to Section 25165 of its intent
to use the consolidated manifesting procedures set forth in Section
25160.2.
SEC. 3. Section 25160 of the Health and Safety Code is amended to
read:
25160. (a) For purposes of this chapter, "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.
(b) (1) Except as provided in Section 25160.2 or as otherwise
authorized by a variance issued by the department, any 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. The generator
shall use the standard California Uniform Hazardous Waste Manifest
supplied by the department for all shipments of hazardous waste for
which a manifest is required, except as provided in paragraph (2). 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. 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. 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 as otherwise
authorized by a variance issued by the department, any 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 standard California Uniform Hazardous
Waste Manifest, or the generator shall complete, in its own form of
manifest, the manifest required by the receiving state and shall
submit a copy of that manifest 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 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) Any 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 any 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) Any 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. Any 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) Any 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) Any 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. 4. Section 25160.2 is added to the Health and Safety Code, 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 exempted from manifesting
requirements by action of Section 25143.13 for generators of
photographic waste less than 100 kilograms per calendar month.
(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) Disabled vehicle wastes, as defined in subdivision (a) of
Section 25163.2.
(xvii) Any other waste, as specified in regulations adopted by the
department.
(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 submit the report in a
paper format through October 31, 2003. After that date, they 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).
(e) It is the intent of the Legislature that upon the effective
date of the act adding this statute, that Section 66263.42 of Title
22 of the California Code of Regulations, relating to specific
requirements for milkrun operations, and subdivision (d) of Section
66262.12, relating to identification numbers for generators, be
repealed. The department shall repeal these provisions pursuant to
Section 100 of Title 1 of the California Code of Regulations.
SEC. 5. Section 25165 of the Health and Safety Code is amended to
read:
25165. (a) A hazardous waste transporter's application for
original and renewal registration shall be on a form provided by the
department. Any application for an original or renewal registration
received on or after January 1, 2002, from a transporter that
transports, or intends to transport, any waste stream pursuant to the
consolidated manifesting procedure specified in subdivision (c) of
Section 25160.2, shall include a statement by the transporter
notifying the department of that transportation and shall list the
specific category or categories of waste streams to be transported
using the consolidated manifesting procedure.
(b) Any application for registration under this section shall be
filed with the department.
(c) Following the procedures specified in subdivision (a) of
Section 25186.1, the department may revoke or suspend a transporter's
authorization to operate pursuant to the consolidated manifesting
procedure exemption specified in subdivision (c) of Section 25160.2.
The department shall base that decision to revoke or suspend an
authorization upon either of the following:
(1) Any factor set forth in Section 25186.
(2) A finding that the transporter operation will endanger human
health, domestic livestock, wildlife, or the environment.
SEC. 6. Section 25250.8 of the Health and Safety Code is repealed.
SEC. 7. Section 25205.16 of the Health and Safety Code is amended
to read:
25205.16. (a) (1) The department may impose an annual
verification fee upon all generators, transporters, and facility
operators with 50 or more employees that possess a valid
identification number issued either by the department or by the
Environmental Protection Agency. The fee charged shall be one
hundred fifty dollars ($150) for each generator, transporter, and
facility operator with 50 or more employees, but less than 75
employees; one hundred seventy-five dollars ($175) for each
generator, transporter, and facility operator with 75 or more
employees, but less than 100 employees; two hundred dollars ($200)
for each generator, transporter, and facility operator with 100 or
more employees, but less than 250 employees; two hundred twenty-five
dollars ($225) for each generator, transporter, and facility operator
with 250 or more employees, but less than 500 employees; two hundred
fifty dollars ($250) for each generator, transporter, and facility
operator with 500 or more employees. However, no generator,
transporter, or facility operator shall be assessed fees pursuant to
this section that exceed, in total, five thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to
the fee shall submit payment of the fee within 30 days from the date
of receiving a notice of assessment from the department. The notice
shall be sent once during each fiscal year to each holder of a valid
identification number. The fee imposed by this section shall be
deposited in the Hazardous Waste Control
Account and be available for expenditure, upon
appropriation by the Legislature. For purposes of this section,
"employee" shall have the same meaning set forth in Section 25205.6.
(b) The department shall establish an identification number
certification system to biennially verify the accuracy of information
related to generators, transporters, and facilities authorized to
treat, store, or dispose of hazardous waste. However, if the number
of identification numbers issued since the previous certification
exceeds 20 percent of the active identification numbers, the
department may implement an annual certification. Each entity issued
an identification number shall provide or verify the information
specified in paragraphs (1) to (9), inclusive, when requested by the
department. The system shall include the provision or verification
of all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) The number of employees of the firm or organization.
(7) If the firm or organization is a generator, a statement of
whether the generator produces RCRA hazardous waste or non-RCRA
hazardous waste.
(8) An identification of any of the following hazardous waste
activities in which the firm or organization is engaged:
(A) Generation.
(B) Transportation.
(C) Onsite treatment, storage, or disposal.
(9) The waste codes associated with the four largest hazardous
waste streams, by volume, of the firm or organization. The federal
waste code shall be verified for RCRA hazardous waste and the
California waste code shall be verified for non-RCRA hazardous waste.
(c) Any generator, transporter, and facility operator who fails to
comply with this section, or who fails to provide information
required by the department to verify the accuracy of hazardous waste
activity data, shall be subject to suspension of any and all
identification numbers assigned to the generator, transporter, or
facility operator and to any other authorized enforcement action.
SEC. 8. Section 4 of Chapter 684 of the Statutes of 1992 is
amended to read:
Sec. 4. The Department of Toxic Substances Control shall,
notwithstanding Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code, revise Division 4.5
(commencing with Section 60001) of Title 22 of the California Code of
Regulations to do both of the following:
(a) Change the collection of the annual facility report, as
required by Section 66264.75 of Title 22 of the California Code of
Regulations, so that the report is not required for those
even-numbered years when the federal biennial report is required to
be submitted for activities conducted during the previous calendar
year pursuant to Section 264.75 of Title 40 of the Code of Federal
Regulations, but the report may be required to be submitted less
frequently at the discretion of the Department of Toxic Substances
Control. If the department determines to require the facility report
to be submitted in odd-numbered years, the federal biennial report
form, or a portion thereof, shall be used as the annual facility
report form which is required to be submitted in even-numbered years.
(b) Revise the California Hazardous Waste Code Numbers, as
specified in Appendix XII of Section 66261.126 of Title 22 of the
California Code of Regulations, to include only non-RCRA hazardous
waste, as defined in Section 25117.9 of the Health and Safety Code.
SEC. 9. Clause (xvi) of subparagraph (A) of paragraph (2) of
subdivision (c) of Section 25160.2 of the Health and Safety Code
shall not become operative unless Section 25163.2 of the Health and
Safety Code, as that section is proposed to be added by Assembly Bill
No. 1708 of the 2001-02 Regular Session, also becomes operative.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.