BILL NUMBER: AB 2388 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2010
INTRODUCED BY Assembly Member Miller
FEBRUARY 19, 2010
An act to amend Section 25205.16 of the Health and Safety Code,
relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2388, as amended, Miller. Hazardous waste: identification
number.
Existing law authorizes the Department of Toxic Substances Control
to impose an annual verification fee upon certain hazardous waste
generators, transporters, and facility operators and requires the
department to establish an identification number certification system
to verify the accuracy of information. Existing law provides for the
suspension of an identification number of a generator, transporter,
or facility operator who does not comply with certain requirements.
This bill would require the department, by July 1, 2011, to revise
the identification number certification system to provide a method
for an immediate reactivation of a suspended identification number of
a hazardous waste generator.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is the intent of the Legislature, in enacting this act, to
ensure that all hazardous waste is collected by a registered
hazardous waste transporter as expeditiously as possible in full
compliance with all of California's hazardous waste laws and
regulations.
(b) The Legislature recognizes that a large number of hazardous
waste generator identification numbers are suspended each year due to
the failure of the generator to recertify the generator's
information with the Department of Toxic Substances Control Board.
(c) It is imperative that the Department of Toxic Substances
Control Board develop a reactivation process for generator
identification numbers as soon as possible to ensure that the
hazardous waste laws and regulations are fully complied with by all
generators.
SEC. 2. Section 25205.16 of the Health and Safety Code is amended
to read:
25205.16. (a) (1) The department may impose an annual
verification fee upon all generators, transporters, and facility
operators with 50 or more employees that possess a valid
identification number issued either by the department or by the
Environmental Protection Agency. The fee charged shall be one hundred
fifty dollars ($150) for each generator, transporter, and facility
operator with 50 or more employees, but less than 75 employees; one
hundred seventy-five dollars ($175) for each generator, transporter,
and facility operator with 75 or more employees, but less than 100
employees; two hundred dollars ($200) for each generator,
transporter, and facility operator with 100 or more employees, but
less than 250 employees; two hundred twenty-five dollars ($225) for
each generator, transporter, and facility operator with 250 or more
employees, but less than 500 employees; two hundred fifty dollars
($250) for each generator, transporter, and facility operator with
500 or more employees. However, no generator, transporter, or
facility operator shall be assessed fees pursuant to this section
that exceed, in total, five thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to
the fee shall submit payment of the fee within 30 days from the date
of receiving a notice of assessment from the department. The notice
shall be sent once during each fiscal year to each holder of a valid
identification number. The fee imposed by this section shall be
deposited in the Hazardous Waste Control Account and be available for
expenditure, upon appropriation by the Legislature. For purposes of
this section, the number of employees that are employed by a
generator, transporter, or facility operator shall be calculated
using the same method set forth in subdivision (e) of Section
25205.6.
(b) The department shall establish an identification number
certification system to biennially verify the accuracy of information
related to generators, transporters, and facilities authorized to
treat, store, or dispose of hazardous waste. However, if the number
of identification numbers issued since the previous certification
exceeds 20 percent of the active identification numbers, the
department may implement an annual certification. Each entity issued
an identification number shall provide or verify the information
specified in paragraphs (1) to (9), inclusive, when requested by the
department. The system shall include the provision or verification of
all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) The number of employees of the firm or organization.
(7) If the firm or organization is a generator, a statement of
whether the generator produces RCRA hazardous waste or non-RCRA
hazardous waste.
(8) An identification of any of the following hazardous waste
activities in which the firm or organization is engaged:
(A) Generation.
(B) Transportation.
(C) Onsite treatment, storage, or disposal.
(9) The waste codes associated with the four largest hazardous
waste streams, by volume, of the firm or organization. The federal
waste code shall be verified for RCRA hazardous waste and the
California waste code shall be verified for non-RCRA hazardous waste.
(c) Except as provided in subdivision (d), a generator,
(c) A generator transporter, and
facility operator who fails to comply with this section, or who fails
to provide information required by the department to verify the
accuracy of hazardous waste activity data, shall be subject to
suspension of any and all identification numbers assigned to the
generator, transporter, or facility operator and to any other
authorized enforcement action.
(d) On or before July 1, 2011, the department shall revise the
identification number certification system established pursuant to
this section to provide a method for the immediate reactivation of a
suspended identification number of a hazardous waste generator
by means of allowing a hazardous waste transporter
registered pursuant to Section 25163 and the transporter employees to
utilize by means of a wireless communication
device to reactivate the suspended identification number.