Senate BillNo. 162


Introduced by Senator Galgiani

February 3, 2015


An act to amend Section 25150.7 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 162, as introduced, Galgiani. Treated wood waste: disposalbegin insert.end insert

(1) Existing law requires, among other things, treated wood waste, as defined, to be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets certain requirements. Existing law makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017. A violation of the state’s hazardous waste control laws is a crime.

This bill would extend the operation of these provisions regarding treated wood waste indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program.

(2) 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:

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SECTION 1.  

Section 25150.7 of the Health and Safety Code
2 is amended to read:

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25150.7.  

(a) The Legislature finds and declares that this section
2is intended to address the unique circumstances associated with
3the generation and management of treated wood waste. The
4Legislature further declares that this section does not set a
5precedent applicable to the management, including disposal, of
6other hazardous wastes.

7(b) For purposes of this section, the following definitions shall
8apply:

9(1) “Treated wood” means wood that has been treated with a
10chemical preservative for purposes of protecting the wood against
11attacks from insects, microorganisms, fungi, and other
12environmental conditions that can lead to decay of the wood and
13the chemical preservative is registered pursuant to the Federal
14 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
15seq.).

16(2) “Wood preserving industry” means business concerns, other
17than retailers, that manufacture or sell treated wood products in
18the state.

19(c) This section applies only to treated wood waste that is a
20hazardous waste, solely due to the presence of a preservative in
21the wood, and to which both of the following requirements apply:

22(1) The treated wood waste is not subject to regulation as a
23hazardous waste under the federal act.

24(2) Section 25143.1.5 does not apply to the treated wood waste.

25(d) (1) Notwithstanding Sections 25189.5 and 25201, treated
26wood waste shall be disposed of in either a class I hazardous waste
27landfill, or in a composite-lined portion of a solid waste landfill
28unit that meets all requirements applicable to disposal of municipal
29solid waste in California after October 9, 1993, and that is regulated
30by waste discharge requirements issued pursuant to Division 7
31(commencing with Section 13000) of the Water Code for
32discharges of designated waste, as defined in Section 13173 of the
33Water Code, or treated wood waste.

34(2) A solid waste landfill that accepts treated wood waste shall
35comply with all of the following requirements:

36(A) Manage the treated wood waste so as to prevent scavenging.

37(B) Ensure that any management of the treated wood waste at
38the solid waste landfill prior to disposal, or in lieu of disposal,
39complies with the applicable requirements of this chapter, except
P3    1as otherwise provided by regulations adopted pursuant to
2subdivision (f).

3(C) If monitoring at the composite-lined portion of a landfill
4unit at which treated wood waste has been disposed of indicates
5a verified release, then treated wood waste shall no longer be
6discharged to that landfill unit until corrective action results in
7cessation of the release.

8(e) (1) Each wholesaler and retailer of treated wood and treated
9wood-like products in this state shall conspicuously post
10information at or near the point of display or customer selection
11of treated wood and treated wood-like products used for fencing,
12decking, retaining walls, landscaping, outdoor structures, and
13similar uses. The information shall be provided to wholesalers and
14retailers by the wood preserving industry in 22-point font, or larger,
15and contain the following message:


17Warning--Potential Danger


19These products are treated with wood preservatives registered
20with the United States Environmental Protection Agency and the
21California Department of Pesticide Regulation and should only be
22used in compliance with the product labels.

23This wood may contain chemicals classified by the State of
24California as hazardous and should be handled and disposed of
25with care. Check product label for specific preservative information
26and Proposition 65 warnings concerning presence of chemicals
27known to the State of California to cause cancer or birth defects.

28Anyone working with treated wood, and anyone removing old
29treated wood, needs to take precautions to minimize exposure to
30themselves, children, pets, or wildlife, including:
31
32□ Avoid contact with skin. Wear gloves and long sleeved shirts
33when working with treated wood. Wash exposed areas thoroughly
34with mild soap and water after working with treated wood.
35
36□ Wear a dust mask when machining any wood to reduce the
37inhalation of wood dusts. Avoid frequent or prolonged inhalation
38of sawdust from treated wood. Machining operations should be
39performed outdoors whenever possible to avoid indoor
40accumulations of airborne sawdust.

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2□ Wear appropriate eye protection to reduce the potential for eye
3injury from wood particles and flying debris during machining.
4
5□ If preservative or sawdust accumulates on clothes, launder
6before reuse. Wash work clothes separately from other household
7clothing.
8
9□ Promptly clean up and remove all sawdust and scraps and
10dispose of appropriately.
11
12□ Do not use treated wood under circumstances where the
13preservative may become a component of food or animal feed.
14
15□ Only use treated wood that’s visibly clean and free from surface
16residue for patios, decks, or walkways.
17
18□ Do not use treated wood where it may come in direct or indirect
19contact with public drinking water, except for uses involving
20incidental contact such as docks and bridges.
21
22□ Do not use treated wood for mulch.
23
24□ Do not burn treated wood. Preserved wood should not be burned
25in open fires, stoves, or fireplaces.
26

27For further information, go to the Internet Web site for the
28Western Wood Preservers Institute (http://www.wwpinstitute.org)
29or call the toll-free telephone number of the California Treated
30Wood Information Hotline at 1-866-696-8315.


32In addition to the above listed precautions, treated wood waste
33shall be managed in compliance with applicable hazardous waste
34control laws.

35(2) On or before July 1, 2005, the wood preserving industry
36shall, jointly and in consultation with the department, make
37information available to generators of treated wood waste,
38including fencing, decking and landscape contractors, solid waste
39landfills, and transporters, that describes how to best handle,
40dispose of, and otherwise manage treated wood waste, through the
P5    1use either of a toll-free telephone number, Internet Web site,
2information labeled on the treated wood, information
3accompanying the sale of the treated wood, or by mailing if the
4department determines that mailing is feasible and other methods
5of communication would not be as effective. A treated wood
6manufacturer or supplier to a wholesaler or retailer shall also
7provide the information with each shipment of treated wood
8products to a wholesaler or retailer, and the wood preserving
9industry shall provide it to fencing, decking, and landscaping
10contractors, by mail, using the Contractors’ State License Board’s
11available listings, and license application packages. The department
12may provide guidance to the wood preserving industry, to the
13extent resources permit.

14(f) (1) On or before January 1, 2007, the department, in
15consultation with the Department of Resources Recycling and
16Recovery, the State Water Resources Control Board, and the Office
17of Environmental Health Hazard Assessment, and after
18consideration of any known health hazards associated with treated
19wood waste, shall adopt and may subsequently revise as necessary,
20regulations establishing management standards for treated wood
21waste as an alternative to the requirements specified in this chapter
22and the regulations adopted pursuant to this chapter.

23(2) The regulations adopted pursuant to this subdivision shall,
24at a minimum, ensure all of the following:

25(A) Treated wood waste is properly stored, treated, transported,
26tracked, disposed of, and otherwise managed so as to prevent, to
27the extent practical, releases of hazardous constituents to the
28environment, prevent scavenging, and prevent harmful exposure
29of people, including workers and children, aquatic life, and animals
30to hazardous chemical constituents of the treated wood waste.

31(B) Treated wood waste is not reused, with or without treatment,
32except for a purpose that is consistent with the approved use of
33the preservative with which the wood has been treated. For
34purposes of this subparagraph, “approved uses” means a use
35approved at the time the treated wood waste is reused.

36(C) Treated wood waste is managed in accordance with all
37applicable laws.

38(D) Any size reduction of treated wood waste is conducted in
39a manner that prevents the uncontrolled release of hazardous
P6    1constituents to the environment, and that conforms to applicable
2worker health and safety requirements.

3(E) All sawdust and other particles generated during size
4reduction are captured and managed as treated wood waste.

5(F) All employees involved in the acceptance, storage, transport,
6and other management of treated wood waste are trained in the
7safe and legal management of treated wood waste, including, but
8not limited to, procedures for identifying and segregating treated
9wood waste.

10(3) This subdivision does not authorize the department to adopt
11a regulation that does one or more of the following:

12(A) Imposes a requirement as an addition to, rather than as an
13alternative to, one or more of the requirements of this chapter.

14(B) Supersedes subdivision (d) concerning the disposal of treated
15wood waste.

16(C) Supersedes any other provision of this chapter that provides
17a conditional or unconditional exclusion, exemption, or exception
18to a requirement of this chapter or the regulations adopted pursuant
19to this chapter, except the department may adopt a regulation
20pursuant to this subdivision that provides an alternative condition
21for a requirement specified in this chapter for an exclusion,
22exemption, or exception and that allows an affected person to
23choose between complying with the requirements specified in this
24chapter or complying with the alternative conditions set forth in
25the regulation.

26(g) (1) A person managing treated wood waste who is subject
27to a requirement of this chapter, including a regulation adopted
28pursuant to this chapter, shall comply with either the alternative
29standard specified in the regulations adopted pursuant to
30subdivision (f) or with the requirements of this chapter.

31(2) A person who is in compliance with the alternative standard
32specified in the regulations adopted pursuant to subdivision (f) is
33deemed to be in compliance with the requirement of this chapter
34for which the regulation is identified as being an alternative, and
35the department and any other entity authorized to enforce this
36chapter shall consider that person to be in compliance with that
37requirement of this chapter.

38(h) On January 1, 2005, all variances granted by the department
39before January 1, 2005, governing the management of treated wood
40waste are inoperative and have no further effect.

P7    1(i) This section does not limit the authority or responsibility of
2the department to adopt regulations under any other law.

begin delete

3(j) This section shall become inoperative on June 1, 2017, and,
4as of January 1, 2018, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2018, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7(k) A regulation adopted pursuant to this section on or before
8June 1, 2012, shall continue in force and effect after that date, until
9repealed or revised by the department.

end delete
10

SEC. 2.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



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