BILL NUMBER: SB 364	CHAPTERED
	BILL TEXT

	CHAPTER   195
	FILED WITH SECRETARY OF STATE   JULY 31, 1995
	APPROVED BY GOVERNOR   JULY 30, 1995
	PASSED THE ASSEMBLY   JULY 17, 1995
	PASSED THE SENATE   MAY 4, 1995
	AMENDED IN SENATE   MARCH 20, 1995

INTRODUCED BY  Senator Wright

                        FEBRUARY 10, 1995

   An act to amend Sections 25218.4 and 25218.5 of the Health and
Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 364, Wright.  Household hazardous waste collection.
   (1) 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 household hazardous waste collection program, a door-to-door
household hazardous waste collection program, or a household
hazardous waste residential pickup service.
   Existing law prohibits the contents of any single container from
exceeding 5 gallons when household hazardous waste is transported to
a recycle-only household hazardous waste collection facility.  A
violation of the requirements concerning household hazardous waste is
a crime.
   This bill would additionally allow a mobile household hazardous
waste collection facility, temporary household hazardous waste
collection facility, or a recycle-only household hazardous waste
facility to transport hazardous waste to a household hazardous waste
collection facility.
   The bill would delete the prohibition that the contents of a
single container may not exceed 5 gallons, with regard to the
transportation of hazardous waste to a recycle-only facility.
   The bill would also require 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 to comply with the requirements of registration as a
hazardous waste transporter and possession of a manifest.  Since
violation of that requirement would be a crime, the bill would impose
a state-mandated local program by creating a new crime.
  (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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25218.4 of the Health and Safety Code is
amended to read:
   25218.4.  Except as provided in subdivision (f) of Section
25218.5, any person who transports household hazardous waste, and any
CESQG that transports hazardous waste to an authorized household
hazardous waste collection facility, who meets the conditions of
Section 25218.5, is exempt from subdivisions (a) and (c) of Section
25163 and from the requirement for possession of a manifest in
paragraph (1) of subdivision (d) of Section 25160.
  SEC. 2.  Section 25218.5 of the Health and Safety Code is amended
to read:
   25218.5.  (a) 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.
   (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) 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.
   (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) 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.
   (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. 3.  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.