BILL NUMBER: SB 636	CHAPTERED  09/16/99

	CHAPTER   420
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Sher

                        FEBRUARY 24, 1999

   An act to add Section 25141.6 to, and to repeal Section 25170.5
of, the Health and Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 636, Sher.  Hazardous waste:  management:  incineration.
   (1) Existing law requires the Department of Toxic Substances
Control to develop and adopt, by regulation, criteria and guidelines
for the identification of hazardous wastes.
   This bill would provide that in any case where the department
proposes to make a determination that a waste meets one or more of
those criteria and guidelines, but that it is not necessary to manage
the waste as a hazardous waste for a specified reason, the
department shall issue a public notice of that proposed
determination, as specified.
   (2) Existing law authorizes the department to plan and construct a
model incineration facility for the disposal of hazardous waste if
the department makes specified findings and the Legislature, in a
subsequent act, appropriates or otherwise makes available the funds
necessary to plan and construct the model incineration facility.
   This bill would repeal that authorization to plan and construct a
model incineration facility.


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


  SECTION 1.  Section 25141.6 is added to the Health and Safety Code,
to read:
   25141.6.  In any case where the department proposes to make a
determination that a waste meets one or more of the criteria and
guidelines for the identification of hazardous wastes adopted
pursuant to Section 25141, but that it is not necessary to manage the
waste as a hazardous waste because the waste possesses mitigating
physical and chemical characteristics that render it insignificant as
a hazard to human health, safety, or the environment, the department
shall issue a public notice of that proposed determination.  The
public notice shall be electronically posted on the department's
Internet home page at least 30 days before the determination becomes
final and shall also be sent to all of the following:
   (a) The Chairperson of the California Environmental Policy
Council.
   (b) The California Integrated Waste Management Board.
   (c) The State Water Resources Control Board.
   (d) Any person who requests the public notice.
   (e) Any solid waste enforcement agency or California regional
water quality control board, the jurisdiction of which the department
knows will be affected by the determination.
  SEC. 2.  Section 25170.5 of the Health and Safety Code is repealed.