BILL NUMBER: AB 25 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 9, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY JANUARY 13, 2010
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Committee on Environmental Safety and Toxic Materials
(Nava (Chair), Miller (Vice Chair), Blakeslee, Chesbro, Davis,
Feuer, Monning, Ruskin, and Smyth)
DECEMBER 1, 2008
An act to amend Section 25205.16 25160.2
of the Health and Safety Code, relating to hazardous waste, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 25, as amended, Committee on Environmental Safety and Toxic
Materials. Hazardous waste: identification number
certification system. waste transportation:
consolidated manifest.
(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 and establishes a procedure for a consolidated
manifest, to be used by generators and transporters for certain
types of hazardous waste. A generator using the consolidated
manifesting procedure is required to meet specified requirements,
including having an identification number. A violation of the
hazardous waste control laws is a crime.
This bill would allow the consolidating manifesting procedure to
be used for the receipt, by a transporter, of one shipment of used
oil from a generator whose identification number has been suspended,
if certain requirements are met. The bill would provide that this
exemption would become inoperative on and after January 1, 2014.
Since a violation of the bill's requirements would be a crime, the
bill would impose a state-mandated local program.
(2) 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.
Existing law authorizes the Department of Toxic Substances Control
to impose an annual verification fee upon certain hazardous waste
generators, transporters, and facility operators and requires the
department to establish an identification number certification system
to verify the accuracy of information. Existing law provides for the
suspension of an identification number of a generator, transporter,
or facility operator who does not comply with certain requirements.
This bill would require the department, by July 1, 2011, to revise
the identification number certification system to provide a method
for an immediate reactivation of a suspended identification number of
a hazardous waste generator and would require the department to
charge a fee for the reactivation, to be deposited in the Hazardous
Waste Control Account, for expenditure by the department, upon
appropriation by the Legislature.
The
(3) The bill would declare that
it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25160.2 of the
Health and Safety Code is amended to read:
25160.2. (a) In lieu of the procedures prescribed by Sections
25160 and 25161, transporters and generators of hazardous waste
meeting the conditions in this section may use the consolidated
manifesting procedure set forth in subdivision (b) to consolidate
shipments of waste streams identified in subdivision (c) collected
from multiple generators onto a single consolidated manifest.
(b) The following consolidated manifesting procedure may be used
only for non-RCRA hazardous waste or for RCRA hazardous waste that is
not required to be manifested pursuant to the federal act or the
federal regulations adopted pursuant to the federal act and
transported by a registered hazardous waste transporter, and used
only with the consent of the generator:
(1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
(2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
identification number, terminal address, and telephone number. The
generator's and transporter's sections shall be completed prior to
commencing each day's collections. The driver shall sign and date the
generator's and transporter's sections of the manifest.
(3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of hazardous waste that is
received from a generator. The receipts shall be used to determine
the total volume of hazardous waste in the vehicle. After the
hazardous waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest. The transporter shall leave a
copy of the receipt with the generator of the hazardous waste. The
generator shall retain each receipt for at least three years. This
period of retention is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or
as requested by the department or a certified unified program
agency.
(4) All copies of each receipt shall contain all of the following
information:
(A) The name, address, identification number, contact person, and
telephone number of the generator, and the signature of the generator
or the generator's representative.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste codes, the waste stream type listed in
subdivision (c), and its proper shipping description, including the
hazardous class and United Nations/North America (UN/NA)
identification number, if applicable.
(E) The name, address, and identification number of the authorized
facility to which the hazardous waste will be transported.
(F) The transporter's name, address, and identification number.
(G) The driver's signature.
(H) A statement, signed by the generator, certifying that the
generator has established a program to reduce the volume or quantity
and toxicity of the hazardous waste to the degree, as determined by
the generator, to be economically practicable.
(5) The transporter shall enter the total volume or quantity of
each waste stream transported on the manifest at the change of each
date, change of driver, or change of transport vehicle. The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts. In lieu of submitting a copy of each manifest used, a
facility operator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
(6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a certified unified
program agency.
(8) The transporter shall submit all copies of the manifest to the
designated facility. A representative of the designated facility
that receives the hazardous waste shall sign and date the manifest,
return two copies to the transporter, retain one copy, and send the
original to the department within 30 days.
(9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
section. If an out of state receiving facility is not required to
submit the signed manifest copy to the department, the consolidated
transporter, acting as generator, shall submit a copy of the manifest
signed by the receiving facility to the department pursuant to
paragraph (3) of subdivision (b) of Section 25160.
(10) Each Except as provided by
subdivision (e), 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)
(xvi) 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) (1) Notwithstanding paragraph (10) of subdivision (a), the
consolidated manifesting procedure may be used for the receipt, by a
transporter, of one shipment of used oil from a generator whose
identification number has been suspended for a violation of Section
25205.16, if all of the following requirements are met:
(A) The transporter verifies that the identification number was
suspended for a violation of Section 25205.16.
(B) The generator notifies the department within 24 hours that the
transporter accepted the shipment.
(C) The transporter notifies the department within 24 hours that
it accepted the shipment from the generator.
(D) The generator complies with Section 25205.16 within 30 days
from the date the transporter accepts the shipment.
(2) The exemption provided by this subdivision shall become
inoperative on and after January 1, 2014.
(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.
SECTION 1. The Legislature finds and declares
all of the following:
(a) It is the intent of the Legislature, in enacting this act, to
ensure that all hazardous waste is collected by a registered
hazardous waste transporter as expeditiously as possible in full
compliance with all of California's hazardous waste laws and
regulations.
(b) The Legislature recognizes that a large number of hazardous
waste generator identification numbers are suspended each year due to
the failure of the generator to recertify the generator's
information with the Department of Toxic Substances Control Board.
(c) It is imperative that the Department of Toxic Substances
Control Board develop a reactivation process for generator
identification numbers as soon as possible to ensure that the
hazardous waste laws and regulations are fully complied with by all
generators.
SEC. 2. 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, the number of employees that are employed by a
generator, transporter, or facility operator shall be calculated
using the same method set forth in subdivision (e) of 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) A 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.
(d) (1) On or before July 1, 2011, the department shall revise the
identification number certification system established pursuant to
this section to provide a method for the immediate reactivation of a
suspended identification number of a hazardous waste generator by
means of a wireless communication device to reactivate the suspended
identification number.
(2) The department shall establish and charge a fee for the
reactivation of an identification number pursuant to paragraph (1) to
cover the full administrative costs associated with the
implementation of that provision. The fee imposed by this subdivision
shall be deposited in the Hazardous Waste Control Account and be
available for expenditure, upon appropriation by the Legislature, for
those costs.
SEC. 2. 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. 3. 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 to ensure that the hazardous waste laws and regulations
are fully complied with as soon as possible, thereby protecting the
public health and safety and the environment, it is necessary that
this act take effect immediately.