BILL NUMBER: SB 845 CHAPTERED
BILL TEXT
CHAPTER 672
FILED WITH SECRETARY OF STATE OCTOBER 10, 1995
APPROVED BY GOVERNOR OCTOBER 8, 1995
PASSED THE SENATE SEPTEMBER 13, 1995
PASSED THE ASSEMBLY SEPTEMBER 1, 1995
AMENDED IN ASSEMBLY AUGUST 24, 1995
AMENDED IN ASSEMBLY JUNE 19, 1995
AMENDED IN SENATE APRIL 18, 1995
AMENDED IN SENATE MARCH 29, 1995
INTRODUCED BY Senator Leonard
FEBRUARY 23, 1995
An act to amend Sections 25163 and 25218 of, and to add Sections
25218.5.1 and 25218.11 to, the Health and Safety Code, relating to
household hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 845, Leonard. Household hazardous waste facilities.
(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 authorized to adopt and revise regulations for
household hazardous waste collection facilities and specified
requirements are imposed upon the transportation of hazardous waste
to a household hazardous waste collection facility and the operation
of curbside and door-to-door household hazardous waste collection
programs and household hazardous waste residential pickup services.
A hazardous waste facilities permit is required to be obtained for
the operation of a household hazardous waste collection facility,
except as specified. A violation of the regulations adopted by the
department is a crime.
This bill would require the department, by March 31, 1996, to
develop a separate and distinct regulatory structure for the
permitting of permanent household hazardous waste facilities which
conduct specified activities and would require the regulations to
meet specified standards. The bill would require those regulations
to apply only to household hazardous waste collection activities that
are operated by a public agency, or its contractor, and that only
accept household hazardous waste or hazardous waste collected from
conditionally exempt small quantity generators.
The bill would make legislative findings and declarations
regarding household hazardous waste and hazardous waste from
conditionally exempt small quantity generators.
Since a violation of these regulations would be a crime, the bill
would impose a state-mandated local program by creating a new crime.
(2) 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, or by a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service. An individual
or CESQG transporting household hazardous waste to a household
hazardous waste collection facility is prohibited from transporting
more than a total liquid volume of 5 gallons or a total dry weight of
more than 50 pounds of 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 allow a public agency to elect to increase the
amount of hazardous waste which may be transported to a collection
facility to not more than a total liquid volume of 15 gallons or a
total dry weight of 125 pounds, provided the public agency finds that
the local household transportation collection program operated by
that public agency, or its contractor, has adequate public
information programs, as specified.
(3) 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 25163 of the Health and Safety Code, as amended
by Section 1 of Chapter 738 of the Statutes of 1994, is amended to
read:
25163. (a) (1) Except as otherwise provided in subdivisions (b),
(c), (f), and (g), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes, unless the person
holds a valid registration issued by the department, and it shall be
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department. A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter, for purposes of this chapter. Any registration issued
by the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
(2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste. The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department. Any person registered pursuant to this section may
obtain additional copies of the registration from the department upon
the payment of a fee of two dollars ($2) for each copy requested, in
accordance with Section 12196 of the Government Code.
(3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
(b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Chapter 6
(commencing with Section 25000) are exempt from the requirements of
subdivision (a).
(c) Except as provided in subdivision (g), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, which wastes do not
exceed a total volume of five gallons or do not exceed a total weight
of 50 pounds, are exempt from the requirements of subdivisions (a)
and (e) and from the requirements of Section 25160 concerning
possession of the manifest while transporting hazardous waste, upon
meeting all of the following conditions:
(1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.
(2) Different hazardous waste materials are not mixed within a
container during the transporting.
(3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
(4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
(5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
(d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Chapter 6 (commencing with Section 25000), but shall
comply with those terms, conditions, orders, and directions that the
health officer or the health officer's authorized representative may
determine to be necessary for the protection of human health and
comfort, and shall otherwise comply with the requirements for
statements as provided in Section 25007. Violations of those
requirements of Section 25007 shall be punished as provided in
Section 25010. Proof of registration pursuant to subdivision (a)
shall be submitted by mail or in person to the local health officer
in the city or county in which the registered hazardous waste
transporter will be conducting the activities described in Section
25001.
(e) It is unlawful for any person to transport hazardous waste in
any truck, trailer, semitrailer, vacuum tank, or cargo tank not
inspected by the Department of the California Highway Patrol or to
transport hazardous waste in any container, other than a container
packaged pursuant to United States Department of Transportation
regulations, which has not been inspected by the Department of the
California Highway Patrol, or in a rolloff bin which has not been
inspected, certified, and maintained in compliance with subdivisions
(b) and (c) of Section 25169.1.
(f) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivisions (a) and (e).
(g) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivisions (a) and (e)
and from paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.
(h) This section shall remain in effect only until January 1,
1998, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1998, deletes or extends
that date.
SEC. 2. Section 25163 of the Health and Safety Code, as amended by
Section 2 of Chapter 738 of the Statutes of 1994, is amended to
read:
25163. (a) (1) Except as otherwise provided in subdivisions (b),
(c), (f), and (g), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes, unless the person
holds a valid registration issued by the department, and it shall be
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department. A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter, for purposes of this chapter. Any registration issued
by the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
(2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste. The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department. Any person registered pursuant to this section may
obtain additional copies of the registration from the department upon
the payment of a fee of two dollars ($2) for each copy requested, in
accordance with Section 12196 of the Government Code.
(3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
(b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Chapter 6
(commencing with Section 25000) are exempt from the requirements of
subdivision (a).
(c) Except as provided in subdivision (g), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, which wastes do not
exceed a total volume of five gallons or do not exceed a total weight
of 50 pounds, are exempt from the requirements of subdivisions (a)
and (e) and from the requirements of Section 25160 concerning
possession of the manifest while transporting hazardous waste, upon
meeting all of the following conditions:
(1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.
(2) Different hazardous waste materials are not mixed within a
container during the transporting.
(3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
(4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
(5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
(d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Chapter 6 (commencing with Section 25000), but shall
comply with those terms, conditions, orders, and directions that the
health officer or the health officer's authorized representative may
determine to be necessary for the protection of human health and
comfort, and shall otherwise comply with the requirements for
statements as provided in Section 25007. Violations of those
requirements of Section 25007 shall be punished as provided in
Section 25010. Proof of registration pursuant to subdivision (a)
shall be submitted by mail or in person to the local health officer
in the city or county in which the registered hazardous waste
transporter will be conducting the activities described in Section
25001.
(e) It is unlawful for any person to transport hazardous waste in
any truck, trailer, semitrailer, vacuum tank, or cargo tank not
inspected by the Department of the California Highway Patrol or to
transport hazardous waste in any container, other than a container
packaged pursuant to United States Department of Transportation
regulations, which has not been inspected by the Department of the
California Highway Patrol.
(f) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivisions (a) and (e).
(g) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivisions (a) and (e)
and from paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.
(h) This section shall become operative January 1, 1998.
SEC. 3. Section 25218 of the Health and Safety Code is amended to
read:
25218. The Legislature hereby finds and declares all of the
following:
(a) Residential households which generate household hazardous
waste and conditionally exempt small quantity generators which
generate small amounts of hazardous waste in the state need an
appropriate and economic means of disposing of the hazardous waste
they generate.
(b) (1) Counties and cities provide for the collection of
household hazardous waste and conditionally exempt small quantity
generator waste as a community service to ensure proper handling and
disposal of the material and to prevent the potential contamination
of solid waste landfills.
(2) To the extent available, cities and counties should consider
utilizing public service television to provide public safety
awareness and training on packaging and transporting household
hazardous waste to collection centers.
(c) To facilitate and increase the collection of household
hazardous waste and conditionally exempt small quantity generator
waste, it is the responsibility of the state to provide for an
expedited and streamlined permitting and regulatory structure for
household hazardous waste and conditionally exempt small quantity
generator waste collection and handling. Overburdensome regulations
defeat the objectives of providing convenient and accessible
collection facilities and the protection of public health and safety.
(d) Abandonment or illegal disposal of household hazardous waste
and hazardous waste from small businesses and the continued disposal
of those wastes into the solid waste stream is a threat to public
health and safety and to the environment.
(e) It is the shared responsibility of citizens, conditionally
exempt small quantity generators, disposal facility operators,
hazardous waste processors, manufacturers, sellers, solid waste
handlers, and state and local agencies to ensure the proper recycling
and disposal of household hazardous waste and conditionally exempt
small quantity generator waste.
SEC. 4. Section 25218.5.1 is added to the Health and Safety Code
to read:
25218.5.1. Notwithstanding Section 25218.5, a public agency may
elect to increase the liquid volume and dry weight specified in
paragraph (1) of subdivision (b) of, and in subdivision (c) of,
Section 25218.5, to a liquid volume of 15 gallons and a dry weight of
125 pounds, if the public agency, as the case may be, finds that the
local household hazardous waste collection program operated by that
public agency, or its contractor, has adequate public education
programs to inform the public on proper techniques for packaging and
transporting the household hazardous waste to the program's household
hazardous waste collection facilities.
SEC. 5. Section 25218.11 is added to the Health and Safety Code,
to read:
25218.11. (a) On or before March 31, 1996, the department shall
develop a separate and distinct regulatory structure for the
permitting of permanent household hazardous waste facilities which
conduct the activities specified in subdivision (b). The regulations
shall simplify the permitting of facilities and encourage the
collection of material and shall be not more burdensome than is
necessary to protect the public health and safety. The regulations
adopted to implement this section shall weigh public safety
considerations of household hazardous waste collection with the
safety and environmental considerations of illegal disposal.
(b) The regulations adopted pursuant to subdivision (a) shall
apply only to household hazardous collection activities that are
operated by a public agency, or its contractor, and that only accept
household hazardous waste or hazardous waste collected from
conditionally exempt small quantity generators. The regulations
shall require that prior to the commencement of the activities
specified in this subdivision, the activities shall be authorized by
the department.
SEC. 6. 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.