BILL NUMBER: SB 466	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        FEBRUARY 26, 2009

   An act to amend Section 25163.3 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 466, as introduced, Oropeza. Hazardous waste: transportation.
   Existing law provides that a person who initially collects
hazardous waste at a remote site and transports it to a consolidation
site operated by a generator and who complies with certain
notification requirements is exempt from specified manifest and
transporter registration requirements with regard to the hazardous
waste if specified conditions are met. One of those conditions is
that not more than 275 gallons or 2,500 pounds, whichever is greater,
of hazardous waste is transported in a single shipment, except that
a generator who is a public utility, local publicly owned utility, or
municipal utility district is authorized to transport in a single
shipment up to 1,600 gallons of hazardous wastewater from the
dewatering of one or more utility vaults, up to 500 gallons of any
other liquid hazardous waste, or up to 5,000 gallons of mineral oil
from a transformer, circuit breakers, or capacitors, owned by the
generator, if the mineral oil does not exhibit characteristics of
toxicity pursuant to a specified test.
   This bill would revise that condition to increase the maximum
weight amount to 10,000 pounds and would increase the maximum 1,600
gallon hazardous wastewater exception for certain generators to a
maximum of 5,000 gallons.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25163.3 of the Health and Safety Code is
amended to read:
   25163.3.  A person who initially collects hazardous waste at a
remote site and transports that hazardous waste to a consolidation
site operated by the generator and who complies with the notification
requirements of subdivision (d) of Section 25110.10 shall be exempt
from the manifest and transporter registration requirements of
Sections 25160 and 25163 with regard to the hazardous waste if all of
the following conditions are met:
   (a)  The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its transportation is otherwise exempt from, or is
not otherwise regulated pursuant to, the federal act.
   (b)  The conditions and requirements of Section 25121.3 are met.
   (c)  The regulations adopted by the department pertaining to
personnel training requirements for generators are complied with for
all personnel handling the hazardous waste during transportation from
the remote site to the consolidation site.
   (d)  The hazardous waste is transported by employees of the
generator or by trained contractors under the control of the
generator, in vehicles  which   that  are
under the control of the generator, or by registered hazardous waste
transporters. The generator shall assume liability for a spill of
hazardous waste being transported under this section by the
generator, or a contractor in a vehicle under the control of the
generator or contractor. Nothing in this subdivision bars 
any   an  agreement to insure, hold harmless, or
indemnify a party to the agreement for any liability under this
section or otherwise bars  any   a  cause
of action a generator would otherwise have against  any other
  another  party.
   (e)  The hazardous waste is not held at  any 
 an  interim location, other than another remote site
operated by the same generator, for more than eight hours, unless
that holding is required by other provisions of law.
   (f)  Not more than 275 gallons or  2,500  
10,000  pounds, whichever is greater, of hazardous waste is
transported in  any   a  single shipment,
except for the following:
   (1)  A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 
1,600   5,000  gallons of hazardous wastewater from
the dewatering of one or more utility vaults, or up to 500 gallons
of  any other   another  liquid hazardous
waste in a single shipment.
   (2)  A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of mineral oil from a transformer, circuit breakers, or
capacitors, owned by the generator, in a single shipment if the oil
does not exhibit the characteristic of toxicity pursuant to the test
specified in subparagraph (B) of paragraph (2) of subdivision (a) of
Section 66261.24 of Title 22 of the California Code of Regulations.
   (g)  A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subdivision (h):
   (1)  A list of the hazardous wastes being transported.
   (2)  The type and number of containers being used to transport
each type of hazardous waste.
   (3)  The quantity, by weight or volume, of each type of hazardous
waste being transported.
   (4)  The physical state, such as solid, powder, liquid,
semiliquid, or gas, of each type of hazardous waste being
transported.
   (5)  The location of the remote site where the hazardous waste is
initially collected.
   (6)  The location of any interim site where the hazardous waste is
held en route to the consolidation site.
   (7)  The name, address, and telephone number of the generator,
and, if different, the address and telephone number of the
consolidation site to which the hazardous waste is being transported.

   (8)  The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.
   (9)  The name of the individual or individuals who transport the
hazardous waste from the remote site to the consolidation site.
   (10)  The date that the generator first begins to actively manage
the hazardous waste at the remote site, the date that the shipment
leaves the remote site where the hazardous waste is initially
collected, and the date that the shipment arrives at the
consolidation site.
   (h)  A shipping paper is not required if the total quantity of the
shipment does not exceed 10 pounds of hazardous waste, except that a
shipping paper is required to transport any quantity of extremely or
acutely hazardous waste.
   (i)  All shipments conform with all applicable requirements of the
United States Department of Transportation for hazardous materials
shipments.