Amended in Senate July 1, 2013

Amended in Assembly May 7, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1190


Introduced by Assembly Member Bloom

February 22, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1190, as amended, Bloom. Hazardous waste: transportation.

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Existing

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begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law,begin insert which is part of the hazardous waste control law,end insert 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 be subject to transporter registration requirements. Existing law exempts from these requirements a person who is transporting certain types of hazardous waste and who meets other conditions under a consolidated manifest procedurebegin delete. One of those conditions is thatend deletebegin insert, including that more than 275 gallons, or 2,500 pounds, whichever is greater, of hazardous waste is transported in any single shipment, except for, among other things,end insert a generator who is a public utility, local publicly owned utility, or municipal utility districtbegin delete is authorized to transportend deletebegin insert and transportsend insert in a single shipment up to 1,600 gallons of hazardous wastewater from the dewatering of one or more utility vaults.begin insert A violation of the hazardous waste control law is a crime.end insert

This bill wouldbegin delete revise that condition to increase the maximum to 5,000 gallons.end deletebegin insert additionally exempt, from that limit for the transportation of hazardous waste in a single shipment, a generator who is a public utility, local publicly owned utility, or municipal utility district transporting up to 5,000 gallons of hazardous wastewater from the dewatering of a utility vault in an emergency situation, as defined. The bill would require a generator transporting hazardous waste pursuant to this exemption to only collect the waste from one utility vault and would prohibit the consolidation of hazardous waste from multiple sites, thereby imposing a state-mandated local program by creating a new crime. end insert

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(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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 25163.3 of the Health and Safety Code
2 is amended to read:

3

25163.3.  

A person who initially collects hazardous waste at a
4remote site and transports that hazardous waste to a consolidation
5site operated by the generator and who complies with the
6notification requirements of subdivision (d) of Section 25110.10
7shall be exempt from the manifest and transporter registration
8requirements of Sections 25160 and 25163 with regard to the
9hazardous waste if all of the following conditions are met:

10(a) The hazardous waste is a non-RCRA hazardous waste, or
11the hazardous waste or its transportation is otherwise exempt from,
12or is not otherwise regulated pursuant to, the federal act.

13(b) The conditions and requirements of Section 25121.3 are
14met.

15(c) The regulations adopted by the department pertaining to
16personnel training requirements for generators are complied with
17for all personnel handling the hazardous waste during transportation
18from the remote site to the consolidation site.

P3    1(d) The hazardous waste is transported by employees of the
2generator or by trained contractors under the control of the
3generator, in vehicles that are under the control of the generator,
4or by registered hazardous waste transporters. The generator shall
5assume liability for a spill of hazardous waste being transported
6under this section by the generator, or a contractor in a vehicle
7under the control of the generator or contractor. Nothing in this
8subdivision bars any agreement to insure, hold harmless, or
9indemnify a party to the agreement for any liability under this
10section or otherwise bars any cause of action a generator would
11otherwise have against any other party.

12(e) The hazardous waste is not held at any interim location,
13other than another remote site operated by the same generator, for
14more than eight hours, unless that holding is required by other
15provisions of law.

16(f) Not more than 275 gallons or 2,500 pounds, whichever is
17greater, of hazardous waste is transported in any single shipment,
18except for the following:

19(1) A generator who is a public utility, local publicly owned
20utility, or municipal utility district may transport up to begin delete5,000 end delete begin insert 1,end insertbegin insert600 end insert
21 gallons of hazardous wastewater from the dewatering of one or
22more utility vaults, or up to 500 gallons of another liquid hazardous
23waste in a single shipment.

24(2) A generator who is a public utility, local publicly owned
25utility, or municipal utility district may transport up to 5,000
26gallons of mineral oil from a transformer, circuit breakers, or
27capacitors, owned by the generator, in a single shipment if the oil
28does not exhibit the characteristic of toxicity pursuant to the test
29specified in subparagraph (B) of paragraph (2) of subdivision (a)
30of Section 66261.24 of Title 22 of the California Code of
31Regulations.

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32(3) (A) A generator who is a public utility, local publicly owned
33utility, or municipal utility district may transport up to 5,000
34gallons of hazardous wastewater from the dewatering of a utility
35vault in an emergency situation.

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36(B) For the purposes of this paragraph “emergency situation”
37means that utility vault dewatering necessitates immediate response
38to avoid endangerment to human health, public safety, or the
39environment, under one or more of the following circumstances:

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P4    1(i) A vehicle hits a utility pole or stationary utility equipment
2and knocks down a transformer that spills oil on a public area.

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3(ii) A spill occurs at or near a vault rendering the contents
4potentially hazardous and crews need to remove the liquid to
5 decontaminate the vault and to access critical equipment to avoid
6a service outage.

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7(iii) A spill occurs at or near a vault that renders the contents
8potentially hazardous and rainwater flowing into the vault
9threatens to cause an overflow that will spill into the surrounding
10area.

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11(iv) Groundwater intrusion threatens the electrical equipment
12inside the vault and the reliability of the electrical system.

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13(v) Heavy rain events, due to the rate of rainfall, threatens the
14cables and equipment inside the vault.

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15(C) In transporting hazardous waste pursuant to this paragraph,
16the generator shall only collect hazardous waste from one utility
17vault and shall not consolidate hazardous waste from multiple
18sites.

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19(g) A shipping paper containing all of the following information
20accompanies the hazardous waste while in transport, except as
21provided in subdivision (h):

22(1) A list of the hazardous wastes being transported.

23(2) The type and number of containers being used to transport
24each type of hazardous waste.

25(3) The quantity, by weight or volume, of each type of hazardous
26waste being transported.

27(4) The physical state, such as solid, powder, liquid, semiliquid,
28or gas, of each type of hazardous waste being transported.

29(5) The location of the remote site where the hazardous waste
30is initially collected.

31(6) The location of any interim site where the hazardous waste
32is held en route to the consolidation site.

33(7) The name, address, and telephone number of the generator,
34and, if different, the address and telephone number of the
35consolidation site to which the hazardous waste is being
36transported.

37(8) The name and telephone number of an emergency response
38contact, for use in the event of a spill or other release.

39(9) The name of the individual or individuals who transport the
40hazardous waste from the remote site to the consolidation site.

P5    1(10) The date that the generator first begins to actively manage
2the hazardous waste at the remote site, the date that the shipment
3leaves the remote site where the hazardous waste is initially
4collected, and the date that the shipment arrives at the consolidation
5 site.

6(h) A shipping paper is not required if the total quantity of the
7shipment does not exceed 10 pounds of hazardous waste, except
8that a shipping paper is required to transport any quantity of
9extremely or acutely hazardous waste.

10(i) All shipments conform with all applicable requirements of
11the United States Department of Transportation for hazardous
12materials shipments.

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begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.

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