AB 1776, as amended, Obernolte. Hazardous waste: disposal: exemption.
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.
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 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, to the extent that it would not jeopardize state administration of the state hazardous waste program, 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, the activities at the shooting range are consistent with a specified manual produced by the United States Environmental Protection Agency, and the residual soil is replaced within the area from which it was originally removed. 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.
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 25113 of the Health and Safety Code is
2amended to read:
(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.
P3 1(2) To the extent that it would not jeopardize the state’s
2administration of the state hazardous waste program pursuant to
3the federal act, “disposal” does not include the onsite movement
4of soil at an active outdoor sport shooting range if this movement
5is done to facilitate the removal and recycling of spent ammunition
6materials existing on the site as a result of the normal use of the
7shooting range, the activities at the shooting range are consistent
8with the United States Environmental Protection Agency’s “Best
9Management Practices for Lead at Outdoor Shooting Ranges”
10manual, and the residual soil is replaced within the area from which
11it was originally removed.
13 By July 1, 2017, the department shall contact the United
14States Environmental Protection Agency to ensure that the
15exclusion described in paragraph (2) is consistent with the federal
16act and does not jeopardize the ability of the state to administer
17the state hazardous waste program in lieu of the federal program
18pursuant to Section 3006 of the federal act (42 U.S.C. Sec. 6926).
20 For purposes of this section, “sport shooting range” has the
21same meaning as in paragraph (2) of subdivision (a) of Section
223482.1 of the Civil Code.
25(b) The amendment of this section by Section 2 of Chapter 1436
26of the Statutes of 1989 does not constitute a change in, but is
27declaratory of, the existing law.