BILL NUMBER: SB 1249 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 22, 2014
INTRODUCED BY Senator Hill
FEBRUARY 20, 2014
An act to add Sections 25150.9, 25150.9.1, and 25150.9.2 to the
Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1249, as amended, Hill. Hazardous waste: shredder waste.
(1) The California Integrated Waste Management Act of 1989
requires materials that require special handling, as defined, to be
removed from major appliances and vehicles in which they are
contained before crushing for transport or transferring to a baler or
shredder for recycling.
The hazardous waste control laws prohibit a person who is not a
certified appliance recycler from removing materials that require
special handling from major appliances and imposes specified
requirements regarding transporting, delivering, or selling discarded
major appliances to a scrap recycling facility. A violation of the
hazardous waste control laws is a crime.
This bill would authorize, until January 1, 2017, the Department
of Toxic Substances Control, in consultation with other
state entities the Department of Resources Recycling
and Recovery and the State Water Resources Control Board , to
adopt regulations establishing alternative management standards for a
metal shredding facility, including activities conducted within the
boundaries of a metal shredding facility, and for the generation,
storage, transportation, and disposal of metal shredder residue and
treated metal shredder residue, as defined, that would apply in lieu
of the hazardous waste management standards if the department
performs specified actions. The bill would include among those
department actions preparing a preliminary analysis and a final
analysis evaluating the hazardous waste management activities to
which the management standards would apply. The bill would require
the department to provide notice that it proposes to adopt
alternative management standards. The bill would prohibit the
department from adopting management standards that are less stringent
than applicable standards under federal law and would require metal
shredder residue and treated metal shredder residue to be disposed of
in a specified manner. The bill would, on
would require the department to complete the analysis of the
hazardous waste management activities and the subsequent regulatory
action before January 1, 2017, and would make all
hazardous waste determinations and policies, procedures, or guidance
issued by the department before January 1, 2014, relating to metal
shredder residue or treated metal shredder residue inoperative
once the department has taken regulatory action . Because a
violation of these requirements would be a crime, this bill would
impose a state-mandated local program.
The bill would authorize the department to collect an annual fee
from metal shredding facilities at a rate sufficient to cover the
costs of the department relating to metal shredding
facilities, metal shredder residue, or treated metal shredder
residue, as specified to implement these provisions
.
(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 25150.9 is added to the Health and Safety Code,
to read:
25150.9. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
operation of metal shredding facilities, and the generation and
management of wastes generated by metal shredding facilities. The
Legislature further declares that this section does not set a
precedent applicable to the management, including disposal, of other
hazardous wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Metal shredder aggregate" means the combination of ferrous
metal, nonferrous metal, other recyclable materials, and
nonrecyclable materials that exits from a metal shredding facility.
(2) "Metal shredder residue" means the predominantly nonmetallic
material that remains after conducting physical separation methods to
separate any ferrous or nonferrous metals, or any other recyclable
materials, from the materials created by a metal shredding facility.
Metal shredder residue does not include the ferrous and nonferrous
metals and other recyclable materials that have been removed from the
metal shredder aggregate.
(3) "Metal shredding facility" means an operation that uses a
shredding technique to process end-of-life vehicles, waste
appliances, and other forms of scrap metal to facilitate the
separation and sorting of ferrous metals, nonferrous metals, and
other recyclable materials from nonrecyclable materials that are
components of the end-of-life vehicles, waste appliances, and other
forms of scrap metal. "Metal shredding facility" does not include a
feeder yard, a metal crusher, or a metal baler.
(4) "Scrap metal" includes ferrous metals, nonferrous metals,
aluminum scrap, other metals, and auto bodies, but does not include
aluminum cans, steel cans, or bimetal cans.
(5) "Treated metal shredder residue" means metal shredder residue
that has been chemically treated to alter its chemical
characteristics for purposes of rendering the metal shredder residue
less hazardous or nonhazardous for purposes of classifying the waste
in accordance with the criteria and guidelines adopted by the
department pursuant to Section 25141.
(c) The department, in consultation with the Department of
Resources Recycling and Recovery, Recovery
and the State Water Resources Control Board, and the
State Air Resources Board, may adopt regulations
establishing management standards for metal shredding facilities and
for the generation, storage, transportation, and disposal of metal
shredder residue or treated metal shredder residue as an alternative
to the requirements specified in this chapter and the regulations
adopted pursuant to this chapter, if the department does all of the
following:
(1) Prepares an analysis of the activities to which the management
standards will apply pursuant to subdivision (d). The department
shall first prepare the analysis as a preliminary analysis and make
it available to the public at the same time that the department gives
notice, pursuant to Section 11346.4 of the Government Code, that it
proposes to adopt the alternative management standards. The
department shall include in the notice a statement that the
department has prepared a preliminary analysis and a statement
concerning where a copy of the preliminary analysis can be obtained.
The information in the preliminary analysis shall be updated and the
department shall make the analysis available to the public as a final
analysis not less than 10 working days before the date that the
regulation is adopted.
(2) Demonstrates at least one of the conclusions set forth in
paragraphs (1) to (4), inclusive, of subdivision (e).
(3) Imposes, as may be necessary, conditions and limitations as
part of the management standards that ensure that the hazardous waste
management activity to which the management standards will apply
will not pose a significant potential hazard to human health or
safety or to the environment.
(d) Before the department gives notice of a proposal to adopt the
management standards pursuant to subdivision (c), and before the
department adopts the regulation, the department shall evaluate the
hazardous waste management activities and prepare, as required by
paragraph (1) of subdivision (c), an analysis that addresses all of
the following aspects of the activity, to the extent that the
management standards can affect these aspects of the activity:
(1) The types of hazardous waste and the estimated amounts of each
hazardous waste that are managed as part of the activity and the
hazards to human health or safety or to the environment posed by
reasonably foreseeable mismanagement of those hazardous wastes and
their hazardous constituents. The estimate of the amounts of each
hazardous waste that are managed as part of the activity shall be
based upon information reasonably available to the department.
(2) The complexity of the activity, and the amount and complexity
of operator training, equipment installation and maintenance, and
monitoring that are required to ensure that the activity is conducted
in a manner that safely and effectively manages each hazardous
waste.
(3) The chemical or physical hazards that are associated with the
activity and the degree to which those hazards are similar to, or
different from, the chemical or physical hazards that are associated
with the production processes that are carried out in the facilities
that produce the hazardous waste that is managed as part of the
activity.
(4) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous waste
streams as part of the activity, the likely consequences of those
accidents, and the reasonably available actual
reasonably available accident history associated with the
activity.
(5) The types of locations at which where
the activity may be carried out, an estimate of the number of
these locations, and the types of hazards that may be posed by
proximity to the land uses described in Section 25227. The estimate
of the number of locations at which where
the activity may be carried out shall be based upon information
reasonably available to the department.
(e) The department shall not give notice proposing the adoption
of, and the department shall not adopt, a regulation pursuant to
subdivision (c) unless it first demonstrates at least one of the
following, using the information developed in the analysis prepared
pursuant to subdivision (d):
(1) The requirements that the management standards replace are not
significant or important in either of the following situations:
(A) Preventing or mitigating potential hazards to human health or
safety or to the environment posed by the activity.
(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.
(2) A requirement is imposed and enforced by another public agency
that provides protection of human health and safety and the
environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, that the
management standards replace.
(3) Conditions or limitations imposed as part of the management
standards will provide protection of human health and safety and the
environment equivalent to the requirement, or requirements, that the
management standards replace.
(4) Conditions or limitations imposed as part of the management
standards accomplish the same regulatory purpose as the requirement,
or requirements, that the management standards replace, but at less
cost or with greater administrative convenience, and without
increasing potential risks to human health or safety or to the
environment.
(f) The department shall not adopt management standards pursuant
to this section if those standards are less stringent than the
standards that would otherwise apply under the federal act.
(g) The management standards adopted by the department pursuant to
this section shall establish requirements that apply not only to the
generation, management, and disposal of metal shredder residue or
treated metal shredder residue, but shall apply to all activities
being conducted within the boundaries of any metal shredding
facility. Nothing in this subdivision is intended to duplicate
or conflict with other laws, rules, or regulations adopted by other
state agencies. The department shall, as much as possible, align the
management standards with the laws, rules, and regulations of other
state agencies.
(h) The management standards adopted by the department pursuant to
this section may, to the extent it is consistent with the standards
that would otherwise apply under the federal act, allow for metal
shredder residue or treated metal shredder residue to be classified
and managed as nonhazardous waste, provided that the analysis
prepared pursuant to subdivision (d) demonstrates that classification
and management as hazardous waste is not necessary to prevent or
mitigate potential hazards to human health or safety or to the
environment posed by the metal shredder residue or treated metal
shredder residue.
(i) (1) Notwithstanding Sections 25189.5 and
25201, metal shredder residue or treated metal shredder residue
shall be disposed of in either a class I hazardous waste landfill or,
if the management standards adopted by the department pursuant to
this section result in it being classified as a nonhazardous waste,
in a composite-lined portion of a solid waste landfill unit that
meets all requirements applicable to the 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
metal shredder residue or treated metal shredder residue.
(2) If the management standards adopted by the department pursuant
to this section result in metal shredder residue or treated metal
shredder residue being classified as nonhazardous waste, the material
may be used as alternative daily cover or for beneficial reuse
pursuant to Section 41781.3 of the Public Resources Code and its
implementing regulations.
(j) On The department shall complete the
analysis described in paragraph (1) of subdivision (c) and subsequent
regulatory action before January 1, 2017, all
2017. All hazardous waste determinations and
policies, procedures, or guidance issued by the department before
January 1, 2014, governing or related to the generation, treatment,
and management of metal shredder residue or treated metal shredder
residue are shall be inoperative and
have no further effect once the department has taken regulatory
action .
(k) The authority of the department to adopt original regulations
pursuant to this section shall remain in effect only until January 1,
2017, unless a later enacted statute, which is enacted before
January 1, 2017, deletes or extends that date. This subdivision does
not invalidate any regulation adopted pursuant to this section before
the expiration of the department's authority.
(l) A regulation adopted pursuant to this section on or before
January 1, 2017, shall continue in force and effect after that date,
until repealed or revised by the department.
SEC. 2. Section 25150.9.1 is added to the Health and Safety Code,
to read:
25150.9.1. The department is authorized to collect an annual fee
from all metal shredding facilities that are subject to the
requirements of this chapter or to the management standards adopted
pursuant to Section 25150.9. The department shall establish and adopt
by regulation a fee schedule that is set at a rate sufficient to
reimburse the department's costs to adopt, and amend as
necessary, the management standards for metal shredding facilities,
to analyze samples of metal shredder residue or treated metal
shredder residue from all metal shredding facilities, and to inspect
all metal shredding facilities, as well as transporters and
facilities where metal shredder residue or treated metal shredder
residue are disposed, to ensure compliance with the management
standards adopted pursuant to Section 25150.9, pursuant to
implement this chapter. The fee schedule established by
the department may be updated periodically as necessary and
shall provide for the assessment of no more than the reasonable costs
of the department to implement this chapter .
SEC. 3. Section 25150.9.2 is added to the Health and Safety Code,
to read:
25150.9.2. If metal shredder residue or treated metal shredder
residue is accepted by a solid waste landfill that manages and
disposes of the metal shredder residue or treated metal shredder
residue in accordance with the management standards adopted by the
department pursuant to Section 25150.9, the metal shredder residue or
treated metal shredder residue, upon acceptance by the solid waste
landfill, shall thereafter be deemed to be a solid waste, and not a
hazardous waste, for purposes of this chapter and Section 40191 of
the Public Resources Code.
SEC. 4. 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.