BILL NUMBER: AB 640 INTRODUCED
BILL TEXT
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 transporter,
transporter 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
program programs or household
hazardous waste residential pickup service
services , 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 the 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.