BILL NUMBER: AB 2202 CHAPTERED
BILL TEXT
CHAPTER 647
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 1996
APPROVED BY GOVERNOR SEPTEMBER 19, 1996
PASSED THE ASSEMBLY AUGUST 31, 1996
PASSED THE SENATE AUGUST 23, 1996
AMENDED IN SENATE AUGUST 12, 1996
AMENDED IN SENATE JULY 11, 1996
AMENDED IN SENATE JUNE 24, 1996
AMENDED IN ASSEMBLY MAY 16, 1996
AMENDED IN ASSEMBLY APRIL 22, 1996
AMENDED IN ASSEMBLY MARCH 25, 1996
INTRODUCED BY Assembly Member Baca
FEBRUARY 8, 1996
An act to amend Section 25218.1 of, and to add Section 25218.12
to, the Health and Safety Code, and to amend Section 47550 of, the
Public Resources Code, relating to household hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2202, Baca. Household hazardous products or materials:
reusability.
(1) Existing hazardous waste control laws require a public agency,
or its contractor, that intends to operate a household hazardous
waste collection facility, to submit specified information to the
Department of Toxic Substances Control. The department is authorized
to allow any household hazardous waste collection facility to accept
hazardous waste from conditionally exempt small quantity generators.
The department is required to develop a separate and distinct
regulatory structure for the permitting of permanent household
hazardous waste facilities that conduct specified activities.
Existing law, the California Integrated Waste Management Act of
1989, provides for the management of household hazardous waste and
requires the California Integrated Waste Management Board to prepare
guidelines and a state policy to guide the effort of local agencies
in providing household hazardous waste collection, recycling, and
disposal programs.
This bill would define terms and would authorize a public agency
to conduct a materials exchange as part of a household hazardous
waste collection program, if the public agency determines which
reusable household hazardous products or materials, as defined, are
suitable for distribution in accordance with a quality assurance
plan, as defined, prepared by the public agency.
(2) Under the act, a city, county, or local agency operating a
household hazardous waste program in accordance with the act is
immune from liability for specified damages or injuries, except as
specified.
This bill would revise the exemption from liability for household
hazardous waste programs to additionally require the program to be
operating in accordance with specified provisions of the hazardous
waste control laws.
(3) The bill would make related legislative findings and
declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Existing law requires the Department of Toxic Substances
Control to promote the reduction of generated hazardous waste. This
policy, as well as hazardous waste and disposal bans, requires the
rapid development of new programs and incentives for minimizing the
generation of hazardous wastes and the maximization of recycling and
reclamation efforts.
(b) A substantial portion of the materials collected by household
hazardous waste programs consists of useful materials in their
original containers with the original manufacturers' label containing
the original instructions on proper use.
(c) The state would benefit if common household hazardous
materials that are collected by household hazardous waste programs
and are suitable for use were offered free of charge.
(d) It is the intent of this act to promote the safe and effective
reuse, reclamation, and recycling of household hazardous materials
through recycling and exchange programs that contribute to the
reduction, avoidance, or elimination of the generation of hazardous
wastes.
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 meaning:
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern which 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 service authorized by a public agency which collects recyclable
household hazardous waste materials, including latex paint, used oil,
used oil filters, and small batteries, and which is operated in
accordance with Section 25163.
(c) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" means a
program operated by a public agency, or its contractor, that collects
household hazardous waste from individual residences, and transports
that waste in an inspected and certified hazardous waste transport
vehicle to an authorized household hazardous waste collection
facility.
(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 any hazardous waste
generated incidental to owning or maintaining a place of residence.
Household hazardous waste does not include any 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), 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 which 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
which 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.
(i) "Public agency" means a state or federal agency, county, city,
or district.
(j) "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 (k), 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 which
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 PCB, asbestos, or
dioxin.
(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.
(l)"Recipient" means any 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 those
materials for which proven and authorized recycling technology exists
and is readily available, and includes only used oil, used oil
filters, latex paint, antifreeze, used small batteries, and spent
lead-acid batteries.
(n) "Recycle-only household hazardous waste collection facility"
means a household hazardous waste collection facility which 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
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 (j).
(p) "Temporary household hazardous waste collection facility"
means a household hazardous waste collection facility which 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 25218.12 is added to the Health and Safety Code,
to read:
25218.12. (a) A public agency may conduct a materials exchange
program as a part of its household hazardous waste collection program
if the public agency determines which reusable household hazardous
products or materials are suitable and acceptable for distribution to
the public in accordance with a quality assurance plan prepared by
the public agency. The public agency shall instruct the recipient to
use the product in a manner consistent with the instructions on the
label.
(b) If the recipient of a household hazardous product or material
is a business or employer, the recipient shall be responsible for
obtaining any written information necessary for compliance with the
Hazardous Substances Information and Training Act (Chapter 1
(commencing with Section 6360) of Part 7 of Division 5 of the Labor
Code).
SEC. 4. Section 47550 of the Public Resources Code is amended to
read:
47550. A city, county, or local agency operating a household
hazardous waste collection, recycling, and disposal program in
accordance with Article 3 (commencing with Section 47100), and in
accordance with Article 10.8 (commencing with Section 25218) of
Chapter 6.5 of Division 20 of the Health and Safety Code, is not
liable for any damage or injury caused by an action taken by the
city, county, or local agency, or an employee or authorized agency of
the city, county, or local agency, in the course of the operation of
the program, unless the action is performed in bad faith or in a
negligent manner. For purposes of this section, it shall be presumed
that the action is performed in good faith and without negligence,
and this presumption shall affect the burden of proof.