BILL NUMBER: AB 3041 CHAPTERED 09/22/04 CHAPTER 686 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2004 APPROVED BY GOVERNOR SEPTEMBER 22, 2004 PASSED THE SENATE AUGUST 27, 2004 PASSED THE ASSEMBLY AUGUST 27, 2004 AMENDED IN SENATE AUGUST 26, 2004 AMENDED IN SENATE MAY 20, 2004 AMENDED IN ASSEMBLY APRIL 12, 2004 INTRODUCED BY Committee on Environmental Safety and Toxic Materials (Laird (Chair), Aghazarian (Vice Chair), Chu, Levine, Lieber, and Lowenthal) FEBRUARY 26, 2004 An act to amend Sections 25218.5, 25299, 25502, and 25504.1 of the Health and Safety Code, relating to hazardous materials, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 3041, Committee on Environmental Safety and Toxic Materials. Hazardous waste transportation: hazardous materials handling. (1) Existing law authorizes the Department of Toxic Substances Control to allow a household hazardous waste collection facility to accept hazardous waste from a conditionally exempt small quantity generator (CESQG). Existing law exempts a person transporting household hazardous waste and a CESQG transporting hazardous waste to an authorized household hazardous waste collection facility from the requirements of registration as a hazardous waste transporter and possession of a manifest, if specified requirements are met, including that the total amount of hazardous waste does not exceed a total liquid volume of 5 gallons or a total dry weight of 50 pounds. A violation of the requirements concerning household hazardous waste is a crime. This bill would instead require, as a condition of exemption from hazardous waste transporter registration requirements, that a CESQG who is transporting hazardous waste to a household hazardous waste collection facility meet certain requirements, including that up to 27 gallons or 220 pounds, but not more than 100 kilograms, are transported per month, the hazardous waste is generated by that CESQG, the CESQG contacts with the household hazardous waste collection facility prior to delivery, and the hazardous waste is transported in a vehicle owned and operated by the CESQG. Because a violation of the bill's requirements would be a crime pursuant to other provisions of the hazardous waste control law, the bill would impose a state-mandated local program. (2) Existing law requires the Certified Uniform Program Agency or the designated authorized agency to establish business and area plans relating to the release or threatened release of hazardous materials. This bill would delete obsolete language from the existing law. (3) Existing law requires the penalties for a violation of the laws regulating underground storage tanks containing hazardous substances to be paid to the local agency or the state, whichever is represented by the office bringing the action. This bill would require any penalties or fines paid to a unified program agency, or participating agency to be deposited in a special account and be expended only for purposes of enforcing those laws. (4) Existing law requires a business that handles any amount of perchlorate material, as defined, to prepare and submit to the administering agency a business plan and an inventory form, both of which are required to address all perchlorate materials handled by that business. This bill would instead require the business to prepare and submit any business or inventory form in accordance with the existing specified quantity requirements governing business plans for emergency response to a release or threatened release of a hazardous material. (5) 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. (6) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25218.5 of the Health and Safety Code is amended to read: 25218.5. (a) (1) Except as provided in paragraph (2), hazardous waste transported to a household hazardous waste collection facility shall be transported by any of the following: (A) The individual or CESQG who generated the waste. (B) A curbside household hazardous waste collection program. (C) A mobile household hazardous waste collection facility, a temporary household hazardous waste collection facility, or a recycle-only household hazardous waste facility. (D) A door-to-door household hazardous waste collection program. (E) A household hazardous waste residential pickup service. (F) A registered hazardous waste transporter carrying hazardous waste generated by a CESQG. (G) A registered hazardous waste transporter carrying hazardous waste from a solid waste landfill loadcheck program or a transfer station loadcheck program under agreement with the household hazardous waste facility. (H) A registered hazardous waste transporter, under agreement with the household hazardous waste facility, operating under a contract with a public agency to transport hazardous wastes that were disposed of in violation of this chapter, and that are being removed by, or are being removed under the oversight of, the public agency, if the hazardous wastes were not originally disposed of in violation of this chapter by that public agency. (2) Spent batteries that are received and transported pursuant to Section 25216.1 may be transported to a household hazardous waste collection facility from a collection location or an intermediate collection location. (3) Notwithstanding Section 25218.4, a registered hazardous waste transporter or mobile household hazardous waste collection facility transporting hazardous waste to a household hazardous waste collection facility shall comply with subdivisions (a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of Section 25160. (b) An individual transporting household hazardous waste generated by that individual and a CESQG transporting hazardous waste generated by the CESQG to a household hazardous waste collection facility shall meet all of the following conditions: (1) (A) Except as provided in subparagraphs (B) and (C) and Section 25218.5.1, the total amount of household hazardous waste transported by an individual or hazardous waste transported by a CESQG to a household hazardous waste collection facility shall not exceed a total liquid volume of five gallons or a total dry weight of 50 pounds. If the hazardous waste transported is both liquid and nonliquid, the total amount transported shall not exceed a combined weight of 50 pounds. (B) Subparagraph (A) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility. (C) A CESQG may transport up to 27 gallons or 220 pounds, but not more than 100 kilograms, per month to a household hazardous waste collection facility, if all of the following conditions are met: (i) The hazardous waste being transported was generated by that CESQG. (ii) The CESQG contacts the household hazardous waste collection facility prior to each delivery to confirm that the facility will accept the hazardous waste. (iii) The household hazardous waste collection facility provides oral, written, or electronic instructions to the CESQG prior to each delivery on proper packing for the safe transportation of the specific hazardous waste being transported. (iv) The CESQG or employees of the CESQG transport the hazardous waste in a vehicle owned and operated by the CESQG. (2) The household hazardous waste and CESQG hazardous waste that is transported shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (3) Different household hazardous wastes or different CESQG hazardous wastes shall not be mixed within a container before or during transport. (4) If the hazardous waste is an extremely hazardous waste or an acutely hazardous waste, the total amount transported by a CESQG shall not exceed 2.2 pounds. (c) (1) Except as provided in paragraph (2), the total combined volume or weight of latex paint, used oil filters, antifreeze, and small batteries transported to a recycle-only household hazardous waste collection facility by any one individual shall not exceed a total volume of 10 gallons or a total dry weight of 100 pounds. Up to two spent lead-acid batteries may be transported at the same time and not more than 20 gallons of used oil may be transported in the same vehicle if the volume of each individual container does not exceed five gallons. (2) Paragraph (1) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility. (d) A curbside household hazardous waste collection program shall meet all of the following conditions: (1) Not more than a total combined weight of 10 pounds of used oil filters shall be collected from a single residence at one time. (2) Not more than five gallons of used oil shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons. (3) Not more than five gallons of latex paint shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons. (4) Hazardous waste containing mercury shall not be collected by a curbside household hazardous waste collection program unless the waste is contained in secure packaging that prevents breakage and spillage. (5) Fluorescent light tubes that are four feet or greater in length shall not be collected by a curbside household hazardous waste collection program. (6) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (7) Different household hazardous wastes shall not be mixed within a container before or during transport. (e) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service shall meet all of the following conditions: (1) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (2) Different household hazardous wastes shall not be mixed within a container before or during transport. (3) A 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. (f) Notwithstanding Section 25218.4, a mobile household hazardous waste collection facility, a temporary household hazardous waste collection facility, or a recycle-only household hazardous waste collection facility that transports household hazardous waste from the collection facility to a household hazardous waste collection facility pursuant to subdivision (a) shall comply with subdivisions (a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of Section 25160. SEC. 2. Section 25299 of the Health and Safety Code is amended to read: 25299. (a) Any operator of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each underground storage tank for each day of violation for any of the following violations: (1) Operating an underground tank system which has not been issued a permit, in violation of this chapter. (2) Violation of any of the applicable requirements of the permit issued for the operation of the underground tank system. (3) Failure to maintain records, as required by this chapter. (4) Failure to report an unauthorized release, as required by Sections 25294 and 25295. (5) Failure to properly close an underground tank system, as required by Section 25298. (6) Violation of any applicable requirement of this chapter or any regulation adopted by the board pursuant to Section 25299.3. (7) Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to Section 25288 or 25289. (8) Making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this chapter. (9) Tampering with or otherwise disabling automatic leak detection devices or alarms. (b) Any owner of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each underground storage tank, for each day of violation, for any of the following violations: (1) Failure to obtain a permit as specified by this chapter. (2) Failure to repair or upgrade an underground tank system in accordance with this chapter. (3) Abandonment or improper closure of any underground tank system subject to this chapter. (4) Violation of any applicable requirement of the permit issued for operation of the underground tank system. (5) Violation of any applicable requirement of this chapter or any regulation adopted by the board pursuant to Section 25299.3. (6) Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to Section 25288 or 25289. (7) Making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this chapter. (c) Any person who intentionally fails to notify the board or the local agency when required to do so by this chapter or who submits false information in a permit application, amendment, or renewal, pursuant to Section 25286, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for which notification is not given or false information is submitted. (d) (1) Any person who violates any corrective action requirement established by, or issued pursuant to, Section 25296.10 is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation. (2) A civil penalty under this subdivision may be imposed in a civil action under this chapter, or may be administratively imposed by the board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (e) Any person who violates Section 25292.3 is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for each day of violation. (f) (1) Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment. (2) Any person who intentionally disables or tampers with an automatic leak detection system in a manner that would prevent the automatic leak detection system from detecting a leak or alerting the owner or operator of the leak, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (g) In determining both the civil and criminal penalties imposed pursuant to this section, the board, a regional board or the court, as the case may be, shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit. (h) (1) Each civil penalty or criminal fine imposed pursuant to this section for any separate violation shall be separate, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, except that no civil penalty shall be recovered under subdivision (d) for violations for which a civil penalty is recovered pursuant to Section 13268 or 13350 of the Water Code. The penalty or fine shall be paid to the unified program agency, the participating agency, or the state, whichever is represented by the office of the city attorney, district attorney, or Attorney General bringing the action. (2) Any penalties or fines paid to a uniform program agency or a participating agency pursuant to paragraph (1) shall be deposited into a special account and shall be expended only to fund the activities of the unified program agency or participating agency in enforcing this chapter within that jurisdiction pursuant, to the uniform program specified in Chapter 6.11 (commencing with Section 25404). (3) All penalties or fines collected by the board or a regional board or collected on behalf of the board or a regional board by the Attorney General shall be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund, and are available for expenditure by the board, upon appropriation, pursuant to Section 13441 of the Water Code. (i) Paragraph (9) of subdivision (a) does not prohibit the owner or operator of an underground storage tank, or his or her designee, from maintaining, repairing, or replacing automatic leak detection devices or alarms associated with that tank. SEC. 3. Section 25502 of the Health and Safety Code is amended to read: 25502. (a) (1) This chapter, as it pertains to the handling of hazardous material, shall be implemented by one of the following: (A) If there is a CUPA, the Unified Program Agency. (B) If there is no CUPA, the agency authorized pursuant to subdivision (f) of Section 25404.3. (2) The agency responsible for implementing this chapter shall ensure full access to, and the availability of, information submitted under this chapter to emergency rescue personnel and other appropriate governmental entities within its jurisdiction. (b) (1) If there is no CUPA, a city may, by ordinance or resolution, assume responsibility for the implementation of this chapter and, if so, shall have exclusive jurisdiction within the boundary of the city for the purposes of carrying out this chapter. The ordinance shall require that a person who violates Section 25507 shall be subject to the penalties specified in Section 25515. A city that assumes responsibility for implementation of this chapter shall provide notice of its ordinance or resolution to the office and to the administering agency of its county. It shall also consult with, and coordinate its activities with, the county in which the city is located to avoid duplicating efforts or any misunderstandings regarding the areas, duties, and responsibilities of each administering agency. (2) A city may not assume responsibility for the implementation of this chapter unless it has enacted an implementing ordinance or adopted an implementing resolution not later than 60 days after the office adopts regulations pursuant to Section 25503, except that a city may enact an implementing ordinance or adopt an implementing resolution after this 60-day period, if it has an agreement with the county to do so. A new city has one year from the date of incorporation to enact an ordinance or adopt a resolution implementing this chapter. (3) The agency responsible for administering and enforcing this chapter shall be the agency so authorized pursuant to subdivision (f) of Section 25404.3. (c) If there is no CUPA, the county and any city that assume responsibility pursuant to subdivision (b) shall designate a department, office, or other agency of the county or city, as the case may be, or the city or county may designate a fire district, as the administering agency responsible for administering and enforcing this chapter. The county and any city that assume responsibility pursuant to subdivision (b) shall notify the office immediately upon making a designation. The agency responsible for administering and enforcing this chapter shall be the agency so authorized pursuant to subdivision (f) of Section 25404.3. SEC. 4. Section 25504.1 of the Health and Safety Code is amended to read: 25504.1. In accordance with Section 25503.5, a business that handles perchlorate material, as defined in subdivision (c) of Section 25210.5, shall prepare and submit to the administering agency a business plan pursuant to Section 25503.5 and an inventory form pursuant to Section 25509, both of which shall address perchlorate materials handled by that business. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that businesses are not required to complete unnecessary reports, it is necessary that this act go into effect immediately.