California Legislature—2015–16 Regular Session

Assembly Bill No. 640

Introduced by Assembly Member Dahle

February 24, 2015

An act to amend Section 25218.1 of the Health and Safety Code, relating to household hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 640, as introduced, Dahle. Household hazardous waste.

Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste.

This bill would make nonsubstantive changes to the definitions pertaining to those provisions.

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 25218.1 of the Health and Safety Code
is amended to read:

25218.1.  

For purposes of this article, the following terms have
the following meanings:

(a) “Conditionally exempt small quantity generator” or
“CESQG” means a business concern that meets the criteria
specified in Section 261.5 of Title 40 of the Code of Federal
Regulations.

(b) “Curbside household hazardous waste collection program”
means a collection service authorized by a public agency that is
operated in accordance with Section 25163 and subdivision (d) of
Section 25218.5 and that collects one or more of the following
types of household hazardous waste:

(1) Latex paint.

(2) Used oil.

(3) Used oil filters.

(4) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department.

(c) “Door-to-door household hazardous waste collection
program” or “household hazardous waste residential pickup
service” means a household hazardous waste service that meets
all of the following requirements:

(1) The program or service is operated by a public agency or
its contractor.

(2) The program or service is operated in accordance with
subdivision (e) of Section 25218.5.

(3) (A) The program or service collects household hazardous
waste from individual residences and transports that waste in an
inspected and certified hazardous waste transport vehicle operated
by a registered hazardous waste begin delete transporter, end delete begin insert transporter end insert to either
of the following:

(i) An authorized household hazardous waste collection facility.

(ii) A hazardous waste facility, as defined in Section 66260.10
of Title 22 of the California Code of Regulations.

(B) Clause (ii) of subparagraph (A) shall become inoperative
on and after January 1, 2020.

(d) “Household” means a single detached residence or a single
unit of a multiple residence unit and all appurtenant structures.

(e) “Household hazardous waste” means hazardous waste
generated incidental to owning or maintaining a place of residence.
Household hazardous waste does not include waste generated in
the course of operating a business concern at a residence.

(f) “Household hazardous waste collection facility” means a
facility operated by a public agency, or its contractor, for the
purpose of collecting, handling, treating, storing, recycling, or
disposing of household hazardous waste, and its operation may
include accepting hazardous waste from conditionally exempt
small quantity generators if that acceptance is authorized pursuant
to Section 25218.3. Household hazardous waste collection facilities
include permanent household hazardous waste collection facilities,
as defined in subdivision (h), temporary household hazardous
waste collection facilities, as defined in subdivision (p),
recycle-only household hazardous waste collection facilities, as
defined in subdivision (n), curbside household hazardous waste
collection programs, as defined in subdivision (b), door-to-door
household hazardous waste collection begin delete program end delete begin insert programs end insert or
household hazardous waste residential pickup begin delete service end delete begin insert services end insert , as
defined in subdivision (c), and mobile household hazardous waste
collection facilities, as defined in subdivision (g).

(g) “Mobile household hazardous waste collection facility”
means a portable structure within which a household hazardous
waste collection facility is operated and that meets all of the
following conditions:

(1) The facility is operated not more than four times in any one
calendar year at the same location.

(2) The facility is operated not more than three consecutive
weeks within a two-month period at the same location.

(3) Upon begin delete the end delete termination of operations, all equipment, materials,
and waste are removed from the site within 144 hours.

(h) “Permanent household hazardous waste collection facility”
means a permanent or semipermanent structure at a fixed location
that meets both of the following conditions:

(1) The facility is operated at the same location on a continuous,
regular schedule.

(2) The hazardous waste stored at the facility is removed within
one year after collection.

(i) “Public agency” means a state or federal agency, county,
city, or district.

(j) “Quality assurance plan” means a written protocol prepared
by a public agency that is designed to ensure that reusable
household hazardous products or materials, as defined in
subdivision (o), that are collected by a household hazardous waste
collection program are evaluated to verify that product containers,
contents, and labels are as they originated from the products’
manufacturers. The public agency or a person authorized by the
public agency, as defined in subdivision (k), shall design the
protocol to ensure, using its best efforts with the resources
generally available to the public agency, or the person authorized
by the public agency, that products selected for distribution are
appropriately labeled, uncontaminated, and appear to be as they
originated from the product manufacturers. A quality assurance
plan shall identify specific procedures for evaluating each container
placed in a recycling or exchange program. The quality assurance
plan shall also identify those products that shall not be accepted
for distribution in a recycling or exchange program. Unacceptable
products may include, but are not limited to, banned or unregistered
agricultural waste, as defined in subdivision (a) of Section 25207.1,
and products containing polychlorinated biphenyls (PCB), asbestos,
or dioxin.

(k) “Person authorized by the public agency” means an
employee of a public agency or a person from whom services are
contracted by the public agency.

(l) “Recipient” means a person who accepts a reusable household
hazardous product or material at a household hazardous waste
collection facility operating pursuant to this article.

(m) “Recyclable household hazardous waste material” means
any of the following:

(1) Latex paint.

(2) Used oil.

(3) Used oil filters.

(4) Antifreeze.

(5) Spent lead-acid batteries.

(6) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department, except a universal waste for which the department
determines, by regulation, that there is no readily available
authorized recycling facility capable of accepting and recycling
that waste.

(n) “Recycle-only household hazardous waste collection facility”
means a household hazardous waste collection facility that is
operated in accordance with Section 25218.8 and accepts for
recycling only recyclable household hazardous waste materials.

(o) “Reusable household hazardous product or material” means
a container of household hazardous product, or a container of
hazardous material generated by a conditionally exempt small
quantity generator, that has been received by a household hazardous
waste collection facility operating pursuant to this article and that
is offered for distribution in a materials exchange program to a
recipient, as defined in subdivision (l), in accordance with a quality
assurance plan, as defined in subdivision (j).

(p) “Temporary household hazardous waste collection facility”
means a household hazardous waste collection facility that meets
both of the following conditions:

(1) The facility is operated not more than once for a period of
not more than two days in any one month at the same location.

(2) Upon termination of operations, all equipment, materials,
and waste are removed from the site within 144 hours.