California Legislature—2015–16 Regular Session

Assembly Bill No. 1776

Introduced by Assembly Member Obernolte

February 3, 2016

An act to amend Section 25113 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1776, as introduced, Obernolte. Hazardous waste: disposal: exemption.

Existing law prohibits the management of hazardous waste except in accordance with the hazardous waste control laws and prohibits the disposal of hazardous waste except at a disposal site or at a facility of an owner or operator who holds a valid hazardous waste facilities permit or other grant of authorization from the Department of Toxic Substances Control to use and operate the site or facility. Existing law defines the term “disposal” for purposes of the hazardous waste control laws as including the discharge, deposit, injection, dumping, spilling, leaking, or placing of a waste into or on any land.

This bill would exclude, from the definition of the term “disposal” under those laws, the onsite movement of soil at an active outdoor sport shooting range, as defined, if this movement is done to facilitate the removal and recycling of spent ammunition materials existing on the site as a result of the normal use of the shooting range and the residual soil is replaced within the area from which it was originally removed.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 25113 of the Health and Safety Code is
amended to read:

25113.  

(a)  begin insert (1) end insert begin insert   end insert “Disposal” means either of the following:

begin delete

(1)

end delete

begin insert (A) end insert  The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste so that the waste or any constituent of the
waste is or may be emitted into the air or discharged into or on
any land or waters, including groundwaters, or may otherwise
enter the environment.

begin delete

(2)

end delete

begin insert (B) end insert  The abandonment of any waste.

begin insert

(2) “Disposal” does not include the onsite movement of soil at
an active outdoor sport shooting range if this movement is done
to facilitate the removal and recycling of spent ammunition
materials existing on the site as a result of the normal use of the
shooting range and the residual soil is replaced within the area
from which it was originally removed.

end insert begin insert

(3) For purposes of this section, “sport shooting range” has
the same meaning as in paragraph (2) of subdivision (a) of Section
3482.1 of the Civil Code.

end insert

(b) The amendment of begin delete the end delete begin insert this end insert section begin delete made at end delete begin insert by Section 2 of
Chapter 1436 of end insert the begin delete 1989-90 Regular Session end delete begin insert Statutes end insert of begin delete the
Legislature end delete begin insert 1989 end insert does not constitute a change in, but is declaratory
of, the existing law.