BILL NUMBER: SB 219 CHAPTERED
BILL TEXT
CHAPTER 633
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE SENATE SEPTEMBER 13, 1995
PASSED THE ASSEMBLY SEPTEMBER 1, 1995
AMENDED IN ASSEMBLY AUGUST 31, 1995
AMENDED IN ASSEMBLY AUGUST 21, 1995
AMENDED IN ASSEMBLY JULY 6, 1995
AMENDED IN ASSEMBLY JUNE 19, 1995
AMENDED IN SENATE MARCH 20, 1995
INTRODUCED BY Senator Thompson
FEBRUARY 6, 1995
An act to amend Sections 25216.1, 25216.2, and 25218.5 of the
Health and Safety Code, relating to household hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 219, M. Thompson. Household hazardous waste: batteries.
(1) Existing law requires operators and owners of hazardous waste
facilities to obtain a hazardous waste facilities permit or grant of
authorization from the Department of Toxic Substances Control and
exempts from those requirements a household hazardous waste
collection facility operated by a public agency, or any person under
an agreement with a public agency, if the facility accepts only
certain materials that are transported to, and managed at, the
facility in a specified manner and in specified amounts. Collection
locations or intermediate collection locations which receive spent
batteries are exempt from specified requirements concerning the
receipt, storage, and transportation of hazardous waste, if the
collection location meets certain conditions, including that the
batteries are subsequently sent from that collection location to a
facility authorized to receive those batteries and that the
collection location does not store more than 200 pounds of batteries.
A violation of the laws regulating hazardous waste is a crime.
This bill would increase that limit to 600 pounds of batteries.
The bill would authorize a household hazardous waste collection
facility to refuse to accept spent batteries if the volume delivered
for receipt exceeds the facility's storage capabilities and would
authorize such a facility to charge a fee to recover the handling,
storage, and disposal costs of those spent batteries.
The bill would additionally require, as a condition for that
exemption, that batteries which are not subsequently recycled at a
facility or transferred to a permitted recycling facility are
transferred to a disposal facility authorized to accept these
batteries, thereby imposing a state-mandated local program by
creating a new crime. The bill would also make clarifying changes in
those provisions.
(2) Existing law specifies that the provisions exempting spent
batteries from hazardous waste management requirements do not apply
to batteries that are disposed of.
This bill would provide that disposal of spent batteries does not
include a battery which is delivered to a collection location or an
intermediate collection location and subsequently transported to a
household hazardous waste collection facility.
(3) Existing law exempts a person transporting household hazardous
waste and a conditionally exempt small quantity generator (CESQG)
transporting hazardous waste to an authorized household hazardous
waste collection facility from the requirements of registration as a
hazardous waste transporter and possession of a manifest, if
specified requirements are met. Hazardous waste transported to a
household hazardous waste collection facility is required to be
transported by the individual or CESQG who generated the waste, a
curbside or door-to-door household hazardous waste collection
program, or by a household hazardous waste residential pickup
service.
An individual transporting household hazardous waste to a
household hazardous waste collation facility is prohibited from
transporting more than 50 pounds of household hazardous waste and 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 is prohibited from
exceeding a total volume of 10 gallons or a total dry weight of 100
pounds.
This bill would additionally allow spent batteries to be
transported to a household hazardous waste collection facility from a
collection location or an intermediate collection location.
The bill would exempt, from those weight limitations on the
transportation of household hazardous waste, spent batteries which
are collected by a collection location or intermediate collection
location and transported to a household hazardous waste collection
facility.
(4) The bill would incorporate changes to Section 25218.5 of the
Health and Safety Code proposed by this bill and by SB 364, SB 845,
and SB 1291, which would become operative only if one or more of
those bills are enacted and take effect and this bill is enacted
after those bills.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25216.1 of the Health and Safety Code is
amended to read:
25216.1. (a) Any collection location or intermediate collection
location that receives, or any person that transports, spent
batteries, as defined in this article, is exempt from the
requirements of this chapter concerning the receipt, storage, and
transportation of hazardous waste if the batteries are subsequently
sent from that collection location to a facility authorized to
receive those batteries and all of the following conditions are met:
(1) The collection location is either of the following:
(A) The collection location does not store more than 600 pounds
of batteries at any one time and no batteries are stored for longer
than 180 days.
(B) The collection location is operated, or is authorized to be
operated, by a public agency as part of a curbside collection
program, no batteries are stored for longer than 180 days, and the
public agency has considered appropriate volume limits and other
necessary precautions to protect the public health, safety, and the
environment.
(2) The batteries are stored and transferred in a manner which
minimizes the possibility of fire, explosion, or any release of
hazardous substances or hazardous waste constituents.
(3) The collection location, transporter, and receiving facility
retains a copy of the hazardous waste manifest or bill of lading used
during transportation for a period of three years. If a bill of
lading is used, the bill of lading shall have, at a minimum, all of
the following information:
(A) The name, address, and telephone number of the collection
location, transporter, and receiving facility.
(B) A general description and quantity of batteries.
(C) The date of the transfer.
(D) The signatures of the transporter and the collection location
representative.
(4) The batteries are not treated or reclaimed at any location
exempted from the requirements of this chapter by this article.
(5) Batteries which are received in accordance with subparagraph
(A) or (B) of paragraph (1) which are not subsequently recycled at
the facility or transferred to a permitted recycling facility are
transferred to a disposal facility authorized to accept such
batteries.
(b) A household hazardous waste collection facility, as defined in
subdivision (f) of Section 25218.1, may refuse to accept spent
batteries if the volume of spent batteries delivered for receipt
exceeds the facility's storage capabilities. Such a facility may
charge a fee to recover the handling, storage, and disposal costs of
those spent batteries, which shall not exceed the facility's
handling, storage, and disposal costs.
SEC. 2. Section 25216.2 of the Health and Safety Code is amended
to read:
25216.2. (a) (1) This article does not apply to batteries that
are disposed of on or into the land, water, or air.
(2) For purposes of this subdivision, disposal does not include a
battery which is delivered to a collection location or an
intermediate collection location and subsequently transported to a
household hazardous waste collection facility.
(b) The department shall implement this article consistent with
all applicable state and federal laws.
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 the individual or CESQG who generated the
waste, a curbside household hazardous waste collection program, or by
a door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service.
(2) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG 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 which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 and 20 gallons of used oil may be
transported at the same time in the same vehicle if all of the
following conditions are met:
(A) Not more than 20 gallons of used oil is transported at a time.
(B) The contents of any single container does not exceed five
gallons.
(C) The volume of each individual container does not exceed five
gallons.
(2) Paragraph (1) does not apply to spent batteries which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
SEC. 4. 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 the individual or CESQG who generated the
waste, a curbside household hazardous waste collection program, a
door-to-door household hazardous waste collection program, a
household hazardous waste residential pickup service, a mobile
household hazardous waste collection facility, a temporary household
hazardous waste collection facility, or a recycle-only household
hazardous waste facility.
(2) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG 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 which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
(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.
SEC. 5. 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 the individual or CESQG who generated the
waste, a curbside household hazardous waste collection program, or by
a door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service.
(2) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), total amount of
household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG shall not exceed a total liquid volume of 27 gallons or a
total dry weight of 220 pounds. If the hazardous waste transported
is both liquid and nonliquid, the total amount transported shall not
exceed a combined weight of 220 pounds.
(B) Subparagraph (A) does not apply to spent batteries which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 27 gallons or a total dry weight of 220 pounds. Up
to two spent lead-acid batteries and 27 gallons of used oil may be
transported at the same time in the same vehicle if all of the
following conditions are met:
(A) Not more than 27 gallons of used oil is transported at a time.
(B) The contents of any single container does not exceed five
gallons.
(C) The volume of each individual container does not exceed five
gallons.
(2) Paragraph (1) does not apply to spent batteries which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
SEC. 6. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Except as provided in paragraph (3), 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 collection facility, or a recycle-only household
hazardous waste 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 facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste 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) 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.
(3) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG 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 which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 and 20 gallons of used oil may be
transported at the same time in the same vehicle if all of the
following conditions are met:
(A) Not more than 20 gallons of used oil is transported at a time.
(B) The contents of any single container does not exceed five
gallons.
(C) The volume of each individual container does not exceed five
gallons.
(2) Paragraph (1) does not apply to spent batteries which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
SEC. 7. 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 the individual or CESQG who generated the
waste, a curbside household hazardous waste collection program, a
door-to-door household hazardous waste collection program, a
household hazardous waste residential pickup service, a mobile
household hazardous waste collection facility, a temporary household
hazardous waste collection facility, or a recycle-only household
hazardous waste facility.
(2) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG shall not exceed a total liquid volume of 27 gallons or a
total dry weight of 220 pounds. If the hazardous waste transported
is both liquid and nonliquid, the total amount transported shall not
exceed a combined weight of 220 pounds.
(B) Subparagraph (A) does not apply to spent batteries which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 27 gallons or a total dry weight of 220 pounds. Up
to two spent lead-acid batteries may be transported at the same time
and not more than 27 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 which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
(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.
SEC. 8. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Except as provided in paragraph (3), 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 collection facility, or a recycle-only household
hazardous waste 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 facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste 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) 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.
(3) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG 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 which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
(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.
SEC. 9. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Except as provided in paragraph (3), 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 collection facility, or a recycle-only household
hazardous waste 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 facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste 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) 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.
(3) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG shall not exceed a total liquid volume of 27 gallons or a
total dry weight of 220 pounds. If the hazardous waste transported
is both liquid and nonliquid, the total amount transported shall not
exceed a combined weight of 220 pounds.
(B) Subparagraph (A) does not apply to spent batteries which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 27 gallons or a total dry weight of 220 pounds. Up
to two spent lead-acid batteries and 27 gallons of used oil may be
transported at the same time in the same vehicle if all of the
following conditions are met:
(A) Not more than 27 gallons of used oil is transported at a time.
(B) The contents of any single container does not exceed five
gallons.
(C) The volume of each individual container does not exceed five
gallons.
(2) Paragraph (1) does not apply to spent batteries which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
SEC. 10. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Except as provided in paragraph (3), 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 collection facility, or a recycle-only household
hazardous waste 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 facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste 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) 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.
(3) Spent batteries which 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.
(b) An individual transporting household hazardous waste generated
by that person 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 subparagraph (B), the total amount
of household hazardous waste or hazardous waste transported to a
household hazardous waste collection facility by either the person or
a CESQG shall not exceed a total liquid volume of five gallons or a
total dry weight of 220 pounds. If the hazardous waste transported
is both liquid and nonliquid, the total amount transported shall not
exceed a combined weight of 220 pounds.
(B) Subparagraph (A) does not apply to spent batteries which are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(2) The household hazardous waste and CESQG hazardous waste which
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 27 gallons or a total dry weight of 220 pounds. Up
to two spent lead-acid batteries may be transported at the same time
and not more than 27 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 which 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 and small batteries 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) Spent lead-acid batteries and antifreeze shall not be
collected by curbside household hazardous waste collection programs.
(5) 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.
(6) 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 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.
(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.
SEC. 11. (a) Section 4 of this bill incorporates amendments to
Section 25218.5 of the Health and Safety Code proposed by both this
bill and SB 364. It shall only become operative if (1) both bills
are enacted and become effective January 1, 1996, (2) each bill
amends Section 25218.5 of the Health and Safety Code Code, and (3) SB
845 and SB 1291 are both not enacted or as enacted both do not amend
that section, and (4) this bill is enacted after SB 364, in which
case Section 3 and Sections 5 to 10, inclusive, of this bill shall
not become operative.
(b) Section 5 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by both this bill and
SB 845. It shall only become operative if (1) both bills are enacted
and become effective January 1, 1996, (2) each bill amends Section
25218.5 of the Health and Safety Code, (3) SB 364 and SB 1291 are
both not enacted or as enacted both do not amend that section, and
(4) this bill is enacted after SB 845 in which case Sections 3 and 4,
and Sections 6 to 10, inclusive, of this bill shall not become
operative.
(c) Section 6 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by both this bill and
SB 1291. It shall only become operative if (1) both bills are
enacted and become effective January 1, 1996, (2) each bill amends
Section 25218.5 of the Health and Safety Code, (3) SB 364 and SB 845
are both not enacted or as enacted both do not amend that section,
and (4) this bill is enacted after SB 1291 in which case Sections 3
to 5, inclusive, and Sections 7 to 10, inclusive, of this bill shall
not become operative.
(d) Section 7 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by both this bill, SB
364, and SB 845. It shall only become operative if (1) all three
bills are enacted and become effective January 1, 1996, (2) all three
bills amend Section 25218.5 of
the Health and Safety Code Code, and (3) SB 1291 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after SB 364 and SB 845, in which case Sections 3 to 6,
inclusive, and Section 8 to 10, inclusive, of this bill shall not
become operative.
(e) Section 8 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by both this bill, SB
364, and SB 1291. It shall only become operative if (1) all three
bills are enacted and become effective January 1, 1996, (2) all three
bills amend Section 25218.5 of the Health and Safety Code Code, and
(3) SB 845 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after SB 364 and SB 1291, in which case
Sections 3 to 7, inclusive, and Sections 9 and 10, of this bill shall
not become operative.
(f) Section 9 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by both this bill, SB
845, and SB 1291. It shall only become operative if (1) all three
bills are enacted and become effective January 1, 1996, (2) all three
bills amend Section 25218.5 of the Health and Safety Code Code, and
(3) SB 364 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after SB 845 and SB 1291, in which case
Sections 3 to 8, inclusive, and Section 10 of this bill shall not
become operative.
(g) Section 10 of this bill incorporates amendments to Section
25218.5 of the Health and Safety Code proposed by this bill, SB 364,
SB 845, and SB 1291. It shall only become operative if (1) all four
bills are enacted and become effective January 1, 1996, (2) all four
bills amend Section 25218.5 of the Health and Safety Code, and (3)
this bill is enacted after SB 364, SB 845, and SB 1291, in which case
Sections 3 to 9, inclusive, of this bill shall not become operative.
SEC. 12. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.