BILL NUMBER: SB 909 INTRODUCED
BILL TEXT
INTRODUCED BY Senators La Malfa and Correa
FEBRUARY 18, 2011
An act to amend Section 25150.7 of the Health and Safety Code,
relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 909, as introduced, La Malfa. Treated wood waste: disposal.
(1) Existing law requires, among other things, treated wood waste,
as defined, to be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets certain requirements. Existing law requires each
wholesaler and retailer of treated wood and treated wood-like
products to conspicuously post information at specified locations.
Existing law requires that the posted message contain, among other
things, sources for obtaining further information, such as an
Internet Web site and a toll free number. Existing law makes these,
and other requirements, inoperative on June 1, 2012, and repeals them
on January 1, 2013. A violation of the state's hazardous waste
control laws is a crime.
This bill would specify the Internet Web site and the telephone
number that are to be included in the posted message. The bill would
delete the language pertaining to the inoperative date and the repeal
date and would delete other obsolete language. By extending 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25150.7 of the Health and Safety Code is
amended to read:
25150.7. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section shall not be construed as setting
a precedent applicable to the management, including disposal, of
other hazardous wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 and
following) et seq.) .
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25157.8, 25189.5,
25189.5 and 25201, treated wood waste shall be
disposed of in either a class I hazardous waste landfill, or in a
composite-lined portion of a solid waste landfill unit that meets all
requirements applicable to disposal of municipal solid waste in
California after October 9, 1993, and that is regulated by waste
discharge requirements issued pursuant to Division 7 (commencing with
Section 13000) of the Water Code for discharges of designated waste,
as defined in Section 13173 of the Water Code, or treated wood
waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste so as to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided pursuant to subdivision (e) or
by regulations adopted pursuant to subdivision
(g) (f) .
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
(e) (1) Treated wood waste is exempt from the requirements of this
chapter if all of the following requirements are met:
(A) The treated wood waste is managed so as to prevent scavenging.
(B) The treated wood waste is not disposed of, except as allowed
pursuant to subdivision (d).
(C) The treated wood waste is not burned, recycled, reclaimed, or
reused, except in accordance with the applicable requirements of this
chapter and the regulations adopted pursuant to this chapter.
(D) On and after July 1, 2005, the treated wood waste is not
stored for more than 90 days and, when stored, is protected from
run-on and run-off, and placed on a surface sufficiently impervious
to prevent, to the extent practical, contact with and any leaching to
soil or water.
(E) The treated wood waste is not mixed with other wood waste
prior to disposal.
(F) The treated wood waste is handled in a manner consistent with
all applicable requirements of the California Occupational Safety and
Health Act of 1973 (Chapter 1 (commencing with Section 6300) of Part
1 of Division 5 of the Labor Code), including all rules,
regulations, and orders relating to hazardous waste.
(2) The exemption provided by this subdivision shall remain in
effect until January 1, 2007, and as of that date is inoperative.
(f)
(e) (1) Each wholesaler and retailer of treated wood
and treated wood-like products in this state shall conspicuously post
information at or near the point of display or customer selection of
treated wood and treated wood-like products used for fencing,
decking, retaining walls, landscaping, outdoor structures, and
similar uses. The information shall be provided to wholesalers and
retailers by the wood preserving industry in 22-point font, or
larger, and contain the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
? Avoid contact with skin. Wear gloves and long sleeved shirts when
working with treated wood. Wash exposed areas thoroughly with mild
soap and water after working with treated wood.
? Wear a dust mask when machining any wood to reduce the inhalation
of wood dusts. Avoid frequent or prolonged inhalation of sawdust
from treated wood. Machining operations should be performed outdoors
whenever possible to avoid indoor accumulations of airborne sawdust.
? Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
? If preservative or sawdust accumulates on clothes, launder before
reuse. Wash work clothes separately from other household clothing.
? Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
? Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
? Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
? Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
? Do not use treated wood for mulch.
? Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to (Web site)
the Internet Web site for the Western Wood Preservers Institute
(http://www.wwpinstitute.org ) or call
(toll free number) the toll free number of the
California Treated Wood Information Hotline at 1-866-696-8315 .
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractor's State
Licensing Board's available listings, and license application
packages. The department may provide guidance to the wood preserving
industry, to the extent resources permit.
(g)
(f) (1) On or before January 1, 2007, the department,
in consultation with the California Integrated Waste
Management Board Department of Resources Recycling and
Recovery , the State Water Resources Control Board, and the
Office of Environmental Health Hazard Assessment, and after
consideration of any known health hazards associated with treated
wood waste, shall adopt and may subsequently revise as necessary,
regulations establishing management standards for treated wood waste
as an alternative to the requirements specified in this chapter and
the regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
(A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
(B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
(C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
(h)
(g) (1) A person managing treated wood waste who is
subject to a requirement of this chapter, including a regulation
adopted pursuant to this chapter, shall comply with either the
alternative standard specified in the regulations adopted pursuant to
subdivision (g) (f) or with the
requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision
(g) (f) is deemed to be in compliance with the
requirement of this chapter for which the regulation is identified as
being an alternative, and the department and any other entity
authorized to enforce this chapter shall consider that person to be
in compliance with that requirement of this chapter.
(i)
(h) On January 1, 2005, all variances granted by the
department before January 1, 2005, governing the management of
treated wood waste are inoperative and have no further effect.
(j)
(i) Nothing in this This
section may shall not be
construed to limit the authority or responsibility of the department
to adopt regulations under any other provision of law.
(k)
(j) On or before June 1, 2011, the department shall
prepare and post on its Web site a report that makes a determination
regarding the successful compliance with, and implementation of, this
section.
( l ) (1) This section shall become
inoperative on June 1, 2012, and, as of January 1, 2013 is repealed,
unless a later enacted statute that becomes operative on or before
January 1, 2013, deletes or extends the dates on which it becomes
inoperative and is repealed.
(2) Notwithstanding paragraph (1), any regulations
(k) A regulation adopted pursuant
to this section on or before June 1, 2012 shall continue in force
and effect after that date, until repealed or revised by the
department.
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.