California Legislature—2015–16 Regular Session

Assembly Bill No. 2153

Introduced by Assembly Member Cristina Garcia

(Coauthor: Assembly Member Santiago)

February 17, 2016

An act to amend Sections 25160.8, 25218.1, and 25218.5 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 2153, as introduced, Cristina Garcia. Household hazardous waste: hazardous waste facilities.

(1) Existing law authorizes public agencies or their contractors to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. A violation of the hazardous waste control laws is a crime.

Existing law authorizes a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service that meets specified requirements to collect household hazardous waste from individual residences and, until December 31, 2019, transport that waste to a hazardous waste facility.

This bill would extend that authorization to transport household hazardous waste to a hazardous waste facility to December 31, 2021.

(2) Existing law requires, on or before December 31, 2019, public agencies and their contractors that transport household hazardous waste to a hazardous waste facility to use certain consolidated manifesting procedures.

This bill would extend the operation of the consolidated manifesting procedures requirement for these transporters to December 31, 2021.

(3) By extending local agencies’ obligations to comply with requirements for transporting hazardous waste, this bill would impose a state-mandated local program because a violation of those requirements would be a crime.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

Section 25160.8 of the Health and Safety Code
is amended to read:

25160.8.  

(a) For purposes of this section, the following
definitions shall apply:

(1) “CESQG wastes” means hazardous waste generated by a
conditionally exempt small quantity generator, as defined in
subdivision (a) of Section 25218.1.

(2) “Door-to-door household hazardous waste collection
program” or “household hazardous waste residential pickup
service” has the same meaning as defined in subdivision (c) of
Section 25218.1.

(3) “Household hazardous waste” has the same meaning as
defined in subdivision (e) of Section 25218.1.

(4) “Public agency” has the same meaning as defined in
subdivision begin delete (i) end delete begin insert (j) end insert of Section 25218.1.

(5) “Registered hazardous waste transporter” or “transporter”
means a person who holds a valid registration issued by the
department pursuant to Section 25163.

(b) In lieu of the requirements imposed upon a generator
pursuant to subdivision (b) of Section 25160 and the regulations
adopted by the department pursuant to Section 25161, a registered
hazardous waste transporter operating a door-to-door household
hazardous waste collection program or household hazardous waste
residential pickup service may use the manifesting procedure
specified in subdivision (c) if the transporter complies with the
requirements of subdivisions (d) and (e).

(c) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following manifesting procedures when transporting
household hazardous waste:

(1) A separate manifest shall be completed by each vehicle
driver with respect to each transport vehicle operated by that driver
for each date.

(2) The transporter shall complete both the generator’s section
and the transporter’s section of the manifest in the following
manner:

(A) In completing the generator’s section of the manifest, the
transporter shall use the name, identification number, address, and
telephone number of the public agency operating the door-to-door
household hazardous waste collection program.

(B) In completing the transporter’s section of the manifest, the
transporter shall use the transporter’s own name, identification
number, terminal address, and telephone number.

(C) The generator’s and transporter’s sections shall be completed
prior to commencing each day’s collection. The driver may sign
for the generator.

(3) (A) The transporter shall attach legible receipts to the front
of the manifest for each quantity of household hazardous waste
that is received from a household. The receipts shall be used to
determine the total volume of household hazardous waste in the
vehicle.

(B) After the household hazardous waste is delivered, the
receipts shall be maintained with the transporter’s copy of the
manifest.

(C) The transporter shall provide a copy of the manifest to the
public agency authorizing the door-to-door household hazardous
waste collection program.

(D) A public agency shall retain each manifest submitted
pursuant to this paragraph for at least three years. The public
agency shall also retain the manifest during the course of any
unresolved enforcement action regarding a regulated activity or
as requested by the department or a certified unified program
agency.

(4) Each receipt specified in paragraph (3) shall have the
residential address from which the household hazardous waste was
received, the date received, the manifest number, the volume or
quantity of household hazardous waste received, the type of
household hazardous waste received, the public agency name and
phone number, and the driver’s signature.

(5) The transporter shall enter the total volume or quantity of
each type of household hazardous waste transported on the manifest
at the change of each date, change of driver, or change of transport
vehicle. The total volume or quantity shall be the cumulative
amount of each type of household hazardous waste collected from
the generators listed on the individual receipts.

(6) The transporter shall submit a generator copy of the manifest
to the department within 30 days of each shipment.

(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This transporter shall also retain the manifest during the
course of any unresolved enforcement action regarding a regulated
activity or as requested by the department or a certified unified
program agency.

(8) (A) The transporter shall submit all copies of the manifest
to the designated facility.

(B) A representative of the designated hazardous waste facility
that receives the household hazardous waste shall sign and date
the manifest, return two copies to the transporter, retain one copy,
and send the original to the department within 30 days of receipt.

(C) In lieu of submitting a copy of each manifest used, the
facility operator may submit an electronic report to the department
that meets the requirements of Section 25160.3.

(D) If an out-of-state receiving facility is not required to submit
the signed manifest copy to the department pursuant to Section
25160 or 25161, the transporter, acting on behalf of the generator,
shall submit a copy of the manifest signed by the receiving
hazardous waste facility to the department pursuant to paragraph
(3) of subdivision (b) of Section 25160.

(9) A transporter shall comply with all other requirements of
Sections 25160 and 25161, unless expressly exempted pursuant
to this section.

(d) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following requirements:

(1) A separate manifest shall be initiated for each jurisdiction,
such as from each city or each county, from which household
hazardous waste is collected, using the identification number of
the public agency operating the door-to-door household hazardous
waste collection program in that jurisdiction.

(2) (A) Only used oil, latex paint, and antifreeze that are
household hazardous wastes that are collected from individual
residents may be separately bulked on the vehicle, if the original
containers are appropriately managed.

(B) A transporter collecting household hazardous wastes from
multiple jurisdictions may consolidate those wastes at the time
they are collected only if there is a written agreement among all
of the jurisdictions and the transporter that wastes from multiple
jurisdictions may be consolidated.

(3) The transporter operating the door-to-door household
hazardous waste collection program or household hazardous waste
residential pickup service shall not collect CESQG wastes or mix
household hazardous waste with CESQG wastes in the same
vehicle or at the same time as conducting the residential
door-to-door household hazardous waste collection or household
hazardous waste residential pickup service.

(4) (A) The transporter shall conduct all door-to-door or
residential pickup operations to minimize potential harm to the
public, operators, haulers, and the environment.

(B) All associated collection personnel, contractors, and
emergency response personnel who will be handling the hazardous
waste shall use all required personal protective and safety
equipment during operating hours, as specified in Title 8 of the
California Code of Regulations.

(C) The transporter shall allow only those persons trained in
hazardous waste management, including personnel loading or
unloading waste from transport vehicles, to handle the household
hazardous waste.

(D) The transporter shall make available, upon request, to local,
state, or federal agencies, the job titles, job descriptions, and
personnel training records maintained for each person handling
hazardous waste, in the same manner as a hazardous waste facility
operator, as specified in subdivision (d) of Section 66264.16 of
Title 22 of the California Code of Regulations.

(e) (1) A transporter operating a door-to-door household
hazardous waste collection program or household hazardous waste
residential pickup service using the manifesting procedure specified
in this section shall submit quarterly reports to the department 30
days after the end of each quarter. The transporter shall submit the
first quarterly report on October 31, 2012, covering the July to
September 2012 period, and the transporter shall submit a report
every three months thereafter. Except as otherwise specified in
paragraph (2), the quarterly report shall be submitted in an
electronic format provided by the department.

(2) A transporter that uses the manifesting procedure specified
in this section for less than 1,000 tons per calendar year may apply
to the department to continue submitting paper format reports.

(3) For each transporter’s name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each manifest:

(A) The name of the public agency authorizing the door-to-door
household hazardous waste collection program or household
hazardous waste residential pickup service for each manifest.

(B) The date of the shipment.

(C) The manifest number.

(D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category
listed.

(4) The department shall make all of the information in the
quarterly reports submitted pursuant to this subdivision available
to the public through its usual means of disclosure.

(f) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.  

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, 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, begin delete 2020. end delete begin insert 2022. end insert

(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 or household
hazardous waste residential pickup service, 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.

begin insert

(i) “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.

end insert begin delete

(i)

end delete

begin insert (j) end insert  “Public agency” means a state or federal agency, county,
city, or district.

begin delete

(j)

end delete

begin insert (k) end insert  “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 begin delete (k), end delete begin insert (i), end insert 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.

begin delete

(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.

end delete

(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 begin delete (j). end delete begin insert (k). end insert

(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.

SEC. 3.  

Section 25218.5 of the Health and Safety Code is
amended to read:

25218.5.  

(a) (1) Except as provided in paragraph (2),
hazardous waste transported to a household hazardous waste
collection facility shall be transported by any of the following:

(A) The individual or CESQG who generated the waste.

(B) A curbside household hazardous waste collection program.

(C) A mobile household hazardous waste collection facility, a
temporary household hazardous waste collection facility, or a
recycle-only household hazardous waste collection facility.

(D) A door-to-door household hazardous waste collection
program.

(E) A household hazardous waste residential pickup service.

(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.

(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste collection facility.

(H) A registered hazardous waste transporter, under agreement
with the household hazardous waste collection facility, operating
under a contract with a public agency to transport hazardous wastes
that were disposed of in violation of this chapter, and that are being
removed by, or are being removed under the oversight of, the
public agency, if the hazardous wastes were not originally disposed
of in violation of this chapter by that public agency.

(2) Spent batteries that are received and transported pursuant
to Section 25216.1 may be transported to a household hazardous
waste collection facility from a collection location or an
intermediate collection location.

(3) Notwithstanding Section 25218.4, a registered hazardous
waste transporter or mobile household hazardous waste collection
facility transporting hazardous waste to a household hazardous
waste collection facility shall comply with subdivisions (a) and
(c) of Section 25163 and paragraph (1) of subdivision (d) of Section
25160.

(b) An individual transporting household hazardous waste
generated by that individual and a CESQG transporting hazardous
waste generated by the CESQG to a household hazardous waste
collection facility shall meet all of the following conditions:

(1) (A) Except as provided in subparagraphs (B) and (C) and
Section 25218.5.1, the total amount of household hazardous waste
transported by an individual or hazardous waste transported by a
CESQG to a household hazardous waste collection facility shall
not exceed a total liquid volume of five gallons or a total dry weight
of 50 pounds. If the hazardous waste transported is both liquid and
nonliquid, the total amount transported shall not exceed a combined
weight of 50 pounds.

(B) Subparagraph (A) does not apply to spent batteries that are
collected by a collection location or intermediate collection location
pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.

(C) A CESQG may transport up to 27 gallons or 220 pounds,
but not more than 100 kilograms, per month to a household
hazardous waste collection facility, if all of the following
conditions are met:

(i) The hazardous waste being transported was generated by
that CESQG.

(ii) The CESQG contacts the household hazardous waste
collection facility prior to each delivery to confirm that the facility
will accept the hazardous waste.

(iii) The household hazardous waste collection facility provides
oral, written, or electronic instructions to the CESQG prior to each
delivery on proper packing for the safe transportation of the specific
hazardous waste being transported.

(iv) The CESQG or employees of the CESQG transport the
hazardous waste in a vehicle owned and operated by the CESQG.

(2) The household hazardous waste and CESQG hazardous
waste that is transported shall be in closed containers and packed
in a manner that prevents the containers from tipping, spilling, or
breaking during transport.

(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.

(4) If the hazardous waste is an extremely hazardous waste or
an acutely hazardous waste, the total amount transported by a
CESQG shall not exceed 2.2 pounds.

(c) (1) Except as provided in paragraph (2), the total combined
volume or weight of latex paint, used oil filters, antifreeze, and
small batteries transported to a recycle-only household hazardous
waste collection facility by any one individual shall not exceed a
total volume of 10 gallons or a total dry weight of 100 pounds. Up
to two spent lead-acid batteries may be transported at the same
time and not more than 20 gallons of used oil may be transported
in the same vehicle if the volume of each individual container does
not exceed five gallons.

(2) Paragraph (1) does not apply to spent batteries that are
collected by a collection location or intermediate collection location
pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.

(d) A curbside household hazardous waste collection program
shall meet all of the following conditions:

(1) Not more than a total combined weight of 10 pounds of used
oil filters shall be collected from a single residence at one time.

(2) Not more than five gallons of used oil shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.

(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.

(4) Hazardous waste containing mercury shall not be collected
by a curbside household hazardous waste collection program unless
the waste is contained in secure packaging that prevents breakage
and spillage.

(5) Fluorescent light tubes that are four feet or greater in length
shall not be collected by a curbside household hazardous waste
collection program.

(6) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers
from tipping, spilling, or breaking during transport.

(7) Different household hazardous wastes shall not be mixed
within a container before or during transport.

(e) A door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service
shall meet all of the following conditions:

(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers
from tipping, spilling, or breaking during transport.

(2) Different household hazardous wastes shall not be mixed
within a container before or during transport.

(3) (A) A door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service
is exempt from the requirements of Section 25160 regarding the
use of a manifest when transporting household hazardous waste
collected from individual residences to an authorized hazardous
waste collection facility. In lieu of a manifest, a receipt shall be
issued for the household hazardous waste collected from an
individual residence, and a copy of the receipt shall be retained by
the public agency for a period of at least three years.

(B) (i) On and before December 31, begin delete 2019, end delete begin insert 2021, end insert if household
hazardous waste is transported to a hazardous waste facility, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, the consolidated manifesting procedures specified in
Section 25160.8 shall be used by the public agency or its
contractor.

(ii) On and after January 1, begin delete 2020, end delete begin insert 2022, end insert the requirements of
clause (i) shall not be operative.

(f) Notwithstanding Section 25218.4, a mobile household
hazardous waste collection facility, a temporary household
hazardous waste collection facility, or a recycle-only household
hazardous waste collection facility that transports household
hazardous waste from the collection facility to a household
hazardous waste collection facility pursuant to subdivision (a) shall
comply with subdivisions (a) and (c) of Section 25163 and
paragraph (1) of subdivision (d) of Section 25160.

(g) (1) Except as provided in paragraph (2), a door-to-door
household hazardous waste collection program or household
hazardous waste residential pickup service shall not be deemed to
be a household hazardous waste collection facility for purposes of
this chapter if it is operated in conjunction with an authorized
household hazardous waste collection facility.

(2) A door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service,
under which household hazardous waste is collected from
households in one jurisdiction and transported to an authorized
household hazardous waste collection facility in another
jurisdiction, shall be deemed a household hazardous waste
collection facility for purposes of this chapter and shall submit the
notification required in Section 25218.2 to each CUPA in whose
jurisdiction the household hazardous waste is collected.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.