Amended in Senate May 5, 2015

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 amended, Galgiani. Treated wood waste: disposal.

(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 lawbegin insert requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste, as specified, subject to specified limitations. Existing lawend insert makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017begin insert, but provides that a regulation adopted pursuant to these provisions on or before June 1, 2012, continues in force and effect until repealed or revisedend insert. A violation of the state’s hazardous waste control laws is a crime.

This bill wouldbegin insert remove those limitations for treated wood waste regulations adopted by the department, wouldend insert extend the operation of these provisions regarding treated wood wastebegin delete indefinitelyend deletebegin insert to June 1, 2020, and would repeal the language continuing in force and effect treated waste wood regulations adopted on or before June 1, 2012end insert. By extending the operation of a crime, the bill would impose a state-mandated local program.begin insert The bill would require, on or before January 1, 2018, the department to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood wasteend insertbegin insert.end insert

(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:

P2    1

SECTION 1.  

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

3

25150.7.  

(a) The Legislature finds and declares that this section
4is intended to address the unique circumstances associated with
5the generation and management of treated wood waste. The
6Legislature further declares that this section does not set a
7precedent applicable to the management, including disposal, of
8other hazardous wastes.

9(b) For purposes of this section, the following definitions shall
10apply:

11(1) “Treated wood” means wood that has been treated with a
12chemical preservative for purposes of protecting the wood against
13attacks from insects, microorganisms, fungi, and other
14environmental conditions that can lead to decay of thebegin delete woodend deletebegin insert wood,end insert
15 and the chemical preservative is registered pursuant to the Federal
16 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
17seq.).

18(2) “Wood preserving industry” means business concerns, other
19than retailers, that manufacture or sell treated wood products in
20the state.

21(c) This section applies only to treated wood wastebegin delete thatend deletebegin insert that,
22solely due to the presence of a preservative in the wood,end insert
is a
23hazardousbegin delete waste, solely due to the presence of a preservative in
24the wood,end delete
begin insert wasteend insert and to which both of the following requirements
25apply:

26(1) The treated wood waste is not subject to regulation as a
27hazardous waste under the federal act.

P3    1(2) Section 25143.1.5 does not apply to the treated wood waste.

2(d) (1) Notwithstanding Sections 25189.5 and 25201, treated
3wood waste shall be disposed of in either a class I hazardous waste
4landfill, or in a composite-lined portion of a solid waste landfill
5unit that meets all requirements applicable to disposal of municipal
6solid waste in California after October 9, 1993, and that is regulated
7by waste discharge requirements issued pursuant to Division 7
8(commencing with Section 13000) of the Water Code for
9discharges of designated waste, as defined in Section 13173 of the
10Water Code, or treated wood waste.

11(2) A solid waste landfill that accepts treated wood waste shall
12comply with all of the following requirements:

13(A) Manage the treated wood wastebegin delete so asend delete to prevent scavenging.

14(B) Ensure that any management of the treated wood waste at
15the solid waste landfillbegin delete prior toend deletebegin insert beforeend insert disposal, or in lieu of
16disposal, complies with the applicable requirements of this chapter,
17except as otherwise provided by regulations adopted pursuant to
18subdivision (f).

19(C) If monitoring at the composite-lined portion of a landfill
20unit at which treated wood waste has been disposed of indicates
21a verified release, then treated wood waste shallbegin delete no longerend deletebegin insert notend insert be
22discharged to that landfill unit until corrective action results in
23cessation of the release.

24(e) (1) Each wholesaler and retailer of treated wood and treated
25wood-like products in this state shall conspicuously post
26information at or near the point of display or customer selection
27of treated wood and treated wood-like products used for fencing,
28decking, retaining walls, landscaping, outdoor structures, and
29similar uses. The information shall be provided to wholesalers and
30retailers by the wood preserving industry in 22-point font, or larger,
31and contain the following message:


33Warning--Potential Danger


35These products are treated with wood preservatives registered
36with the United States Environmental Protection Agency and the
37California Department of Pesticide Regulation and should only be
38used in compliance with the product labels.

39This wood may contain chemicals classified by the State of
40California as hazardous and should be handled and disposed of
P4    1with care. Check product label for specific preservative information
2and Proposition 65 warnings concerning presence of chemicals
3known to the State of California to cause cancer or birth defects.

4Anyone working with treated wood, and anyone removing old
5treated wood, needs to take precautions to minimize exposure to
6themselves, children, pets, or wildlife, including:
7
8□ Avoid contact with skin. Wear gloves and long sleeved shirts
9when working with treated wood. Wash exposed areas thoroughly
10with mild soap and water after working with treated wood.
11
12□ Wear a dust mask when machining any wood to reduce the
13inhalation of wood dusts. Avoid frequent or prolonged inhalation
14of sawdust from treated wood. Machining operations should be
15performed outdoors whenever possible to avoid indoor
16accumulations of airborne sawdust.
17
18□ Wear appropriate eye protection to reduce the potential for eye
19injury from wood particles and flying debris during machining.
20
21□ If preservative or sawdust accumulates on clothes, launder
22before reuse. Wash work clothes separately from other household
23clothing.
24
25□ Promptly clean up and remove all sawdust and scraps and
26dispose of appropriately.
27
28□ Do not use treated wood under circumstances where the
29preservative may become a component of food or animal feed.
30
31□ Only use treated wood that’s visibly clean and free from surface
32residue for patios, decks, or walkways.
33
34□ Do not use treated wood where it may come in direct or indirect
35contact with public drinking water, except for uses involving
36incidental contact such as docks and bridges.
37
38□ Do not use treated wood for mulch.
39

P5    1□ Do not burn treated wood. Preserved wood should not be burned
2in open fires, stoves, or fireplaces.
3

4For further information, go to the Internet Web site for the
5Western Wood Preservers Institute (http://www.wwpinstitute.org)
6or call the toll-free telephone number of the California Treated
7Wood Information Hotline at 1-866-696-8315.


9In addition to the above listed precautions, treated wood waste
10shall be managed in compliance with applicable hazardous waste
11control laws.

12(2) On or before July 1, 2005, the wood preserving industry
13shall, jointly and in consultation with the department, make
14information available to generators of treated wood waste,
15including fencing,begin delete deckingend deletebegin insert decking,end insert and landscape contractors,
16solid waste landfills, and transporters, that describes how to best
17handle, dispose of, and otherwise manage treated wood waste,
18through the use either of a toll-free telephone number, Internet
19Web site, information labeled on the treated wood, information
20accompanying the sale of the treated wood, or by mailing if the
21department determines that mailing is feasible and other methods
22of communication would not be as effective. A treated wood
23manufacturer or supplier to a wholesaler or retailer shall also
24provide the information with each shipment of treated wood
25products to a wholesaler or retailer, and the wood preserving
26industry shall provide it to fencing, decking, and landscaping
27 contractors, by mail, using the Contractors’ State License Board’s
28available listings, and license application packages. The department
29may provide guidance to the wood preserving industry, to the
30extent resources permit.

31(f) (1) On or before January 1, 2007, the department, in
32consultation with the Department of Resources Recycling and
33Recovery, the State Water Resources Control Board, and the Office
34of Environmental Health Hazard Assessment, and after
35consideration of any known health hazards associated with treated
36wood waste, shall adopt and may subsequently revise as necessary,
37regulations establishing management standards for treated wood
38waste as an alternative to the requirements specified in this chapter
39and the regulations adopted pursuant to this chapter.

P6    1(2) The regulations adopted pursuant to this subdivision shall,
2at a minimum, ensure all of the following:

3(A) Treated wood waste is properly stored, treated, transported,
4tracked, disposed of, and otherwise managedbegin delete so asend delete to prevent, to
5the extent practical, releases of hazardous constituents to the
6environment, prevent scavenging, and prevent harmful exposure
7of people, including workers and children, aquatic life, and animals
8to hazardous chemical constituents of the treated wood waste.

9(B) Treated wood waste is not reused, with or without treatment,
10except for a purpose that is consistent with the approved use of
11the preservative with which the wood has been treated. For
12purposes of this subparagraph, “approved uses” means a use
13approved at the time the treated wood waste is reused.

14(C) Treated wood waste is managed in accordance with all
15applicable laws.

16(D) Any size reduction of treated wood waste is conducted in
17a manner that prevents the uncontrolled release of hazardous
18constituents to the environment, and that conforms to applicable
19worker health and safety requirements.

20(E) All sawdust and other particles generated during size
21reduction are captured and managed as treated wood waste.

22(F) All employees involved in the acceptance, storage, transport,
23and other management of treated wood waste are trained in the
24safe and legal management of treated wood waste, including, but
25not limited to, procedures for identifying and segregating treated
26wood waste.

begin delete

27(3) This subdivision does not authorize the department to adopt
28a regulation that does one or more of the following:

29(A) Imposes a requirement as an addition to, rather than as an
30alternative to, one or more of the requirements of this chapter.

31(B) Supersedes subdivision (d) concerning the disposal of treated
32wood waste.

33(C) Supersedes any other provision of this chapter that provides
34a conditional or unconditional exclusion, exemption, or exception
35to a requirement of this chapter or the regulations adopted pursuant
36to this chapter, except the department may adopt a regulation
37pursuant to this subdivision that provides an alternative condition
38for a requirement specified in this chapter for an exclusion,
39exemption, or exception and that allows an affected person to
40choose between complying with the requirements specified in this
P7    1chapter or complying with the alternative conditions set forth in
2the regulation.

end delete

3(g) (1) A person managing treated wood waste who is subject
4to a requirement of this chapter, including a regulation adopted
5pursuant to this chapter, shall comply with either the alternative
6standard specified in the regulations adopted pursuant to
7subdivision (f) or with the requirements of this chapter.

8(2) A person who is in compliance with the alternative standard
9specified in the regulations adopted pursuant to subdivision (f) is
10deemed to be in compliance with the requirement of this chapter
11for which the regulation is identified as being an alternative, and
12the department and any other entity authorized to enforce this
13chapter shall consider that person to be in compliance with that
14requirement of this chapter.

15(h) On January 1, 2005, all variances granted by the department
16before January 1, 2005, governing the management of treated wood
17waste are inoperative and have no further effect.

18(i) This section does not limit the authority or responsibility of
19the department to adopt regulations under any other law.

begin insert

20(j) (1) On or before January 1, 2018, the department shall
21prepare, post on its Internet Web site, and provide to the
22appropriate policy committees of the Legislature, a comprehensive
23report on the compliance with, and implementation of, this section.
24The report shall include, but not be limited to, all of the following:

end insert
begin insert

25(A) Data, and evaluation of that data, on the rates of compliance
26with this section and injuries associated with handling treated
27wood waste based on department inspections of treated wood
28waste generator sites and treated wood waste disposal facilities.
29The department shall inspect a representative number of treated
30wood waste generator sites and treated wood waste disposal
31facilities, which shall not to be less than 25 percent of each.

end insert
begin insert

32(B) An evaluation of the adequacy of protective measures taken
33in tracking, handling, and disposing of treated wood waste.

end insert
begin insert

34(C) Data regarding the unauthorized disposal of treated wood
35waste at disposal facilities that have not been approved for that
36disposal.

end insert
begin insert

37(D) Conclusions regarding the handling of treated wood waste.

end insert
begin insert

38(E) Recommendations for changes to the handling of treated
39wood waste to ensure the protection of public health and the
40environment.

end insert
begin insert

P8    1(2) The requirement for submitting a report imposed under this
2subdivision is inoperative on January 1, 2022, pursuant to Section
310231.5 of the Government Code.

end insert
begin insert

4(k) This section shall become inoperative on June 1, 2020, and,
5as of January 1, 2021, is repealed, unless a later enacted statute,
6that becomes operative on or before January 1, 2021, deletes or
7extends the dates on which it becomes inoperative and is repealed.

end insert
8

SEC. 2.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.



O

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