Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, Obernolte. Hazardous waste: disposal: exemption.

begin insert

Existing law provides for the regulation of hazardous waste by the Department of Toxic Substances Control and makes a declaration of legislative intent regarding that regulation and maintaining authorization to administer a state program pursuant to the federal Resource Conservation and Recovery Act of 1976.

end insert

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 thebegin delete Department of Toxic Substances Controlend deletebegin insert departmentend insert 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.

Thisbegin delete bill would exclude,end deletebegin insert bill, to the extent that it would not jeopardize state administration of the state hazardous waste program, would excludeend insert from the definition of the term “disposal” under thosebegin delete laws,end deletebegin insert lawsend insert 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 shootingbegin delete rangeend deletebegin insert range, the activities at the shooting range are consistent with a specified manual produced by the United States Environmental Protection Agency,end insert and the residual soil is replaced within the area from which it was originally removed.begin insert The bill would require the department to contact the United States Environmental Protection Agency to ensure that this exclusion is consistent with the federal Resource Conservation and Recovery Act and does not jeopardize the ability of the state to administer the state hazardous waste program in lieu of the federal program.end insert

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

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

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SECTION 1.  

Section 25113 of the Health and Safety Code is
2amended to read:

3

25113.  

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

4(A) The discharge, deposit, injection, dumping, spilling, leaking,
5or placing of any waste so that the waste or any constituent of the
6waste is or may be emitted into the air or discharged into or on
7any land or waters, including groundwaters, or may otherwise
8enter the environment.

9(B) The abandonment of any waste.

10(2) begin delete“Disposal” end deletebegin insertTo the extent that it would not jeopardize the
11state’s administration of the state hazardous waste program
12pursuant to the federal act, “disposal” end insert
does not include the onsite
13movement of soil at an active outdoor sport shooting range if this
14movement is done to facilitate the removal and recycling of spent
15ammunition materials existing on the site as a result of the normal
16use of the shootingbegin delete rangeend deletebegin insert range, the activities at the shooting range
17are consistent with the United States Environmental Protection
18Agency’s “Best Management Practices for Lead at Outdoor
19Shooting Ranges” manual,end insert
and the residual soil is replaced within
20the area from which it was originally removed.

begin insert

21(3) By July 1, 2017, the department shall contact the United
22States Environmental Protection Agency to ensure that the
23exclusion described in paragraph (2) is consistent with the federal
24act and does not jeopardize the ability of the state to administer
P3    1the state hazardous waste program in lieu of the federal program
2pursuant to Section 3006 of the federal act (42 U.S.C. Sec. 6926).

end insert
begin delete

3(3)

end delete

4begin insert(4)end insert For purposes of this section, “sport shooting range” has the
5same meaning as in paragraph (2) of subdivision (a) of Section
63482.1 of the Civil Code.

7(b) The amendment of this section by Section 2 of Chapter 1436
8of the Statutes of 1989 does not constitute a change in, but is
9declaratory of, the existing law.



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