BILL NUMBER: AB 2205 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 23, 2012
An act to amend Section 25143.1 of the Health and Safety Code,
relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2205, as introduced, V. Manuel Pérez. Hazardous materials:
geothermal waste.
Existing law exempts from the requirements of the Hazardous Waste
Control Law geothermal waste generated from the exploration,
development, or production of geothermal energy and that does not
result from drilling for geothermal resources meeting specified
criteria.
This bill would additionally exempt from the requirements of the
Hazardous Waste Control Law geothermal waste that is contained, and
continues to be contained, within a piping system, nonearthern
trench, or descaling area, or within related equipment in connection
with the beneficial extraction of commercial substances from the
geothermal waste.
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. Section 25143.1 of the Health and Safety Code is
amended to read:
25143.1. (a) Any A geothermal waste
resulting from drilling for geothermal resources is exempt from the
requirements of this chapter because the disposal of these geothermal
wastes is regulated by the California regional water quality control
boards.
(b) (1) Wastes from the extraction, beneficiation, and processing
of ores and minerals that are not subject to regulation under the
federal act are exempt from the requirements of this chapter, except
the requirements of Article 9.5 (commencing with Section 25208), as
provided in paragraph (2).
(2) The wastes subject to this subdivision are subject to Article
9.5 (commencing with Section 25208) and Chapter 6.8 (commencing with
Section 25300) if the wastes would otherwise be classified as
hazardous wastes pursuant to Section 25117 and the regulations
adopted pursuant to Section 25141.
(3) For purposes of this subdivision, the following definitions
shall apply:
(A) "Wastes from the extraction, beneficiation, and processing of
ores and minerals" means any of the following:
(i) Soil, waste rock, overburden, and any other
solid, semisolid, or liquid natural materials that are removed,
unearthed, or otherwise displaced as a result of excavating or
recovering an ore or a mineral.
(ii) Residuals of ores or minerals after those ores or minerals
have been removed, unearthed, or otherwise displaced from their
natural sites and physically or chemically treated or otherwise
managed in order to separate or concentrate the commercial product
present in the ore or mineral, or processed to produce a final
marketable product.
(B) "Minerals" has the same meaning as defined in Section 2005 of
the Public Resources Code.
(c) (1) Except as provided in paragraphs (3) and (4), geothermal
waste, excluding filter cake, that is generated from the exploration,
development, or production of geothermal energy and that does not
result from drilling for geothermal resources, is exempt from the
requirements of this chapter, if the geothermal waste meets
either any of the following requirements:
(A) The geothermal waste is contained within a piping system,
nonearthen trench, or descaling area, or within related equipment,
that is associated with the geothermal plant where the waste was
generated.
(B) The geothermal waste is within the physical boundaries of a
lined surface impoundment associated with the geothermal plant where
the waste was generated.
(C) The geothermal waste is contained, and continues to be
contained, within a piping system, nonearthen trench, descaling area,
or other related equipment used in connection with the beneficial
extraction of commercial substances from the geothermal waste.
(2) If geothermal waste that is exempted pursuant to subparagraph
(B) of paragraph (1) is relocated to an elevated location inside a
lined surface impoundment for dewatering, that waste shall be removed
from the surface impoundment within 30 days of the relocation and
while the waste still contains sufficient moisture to prevent wind
dispersion, except for residuals that are impractical to remove. The
geothermal waste shall be deemed to be generated at the time of
removal and shall be properly managed as hazardous waste pursuant to
the requirements of this chapter.
(3) Any A geothermal waste that is
exempt pursuant to this subdivision ceases to be exempt from the
requirements of this chapter, and shall be deemed to have been
generated, when any of the following occur:
(A) It is no longer contained in one or more of the following, as
described in subparagraph (A) or (B) of paragraph
(1):
(i) A piping system.
(ii) Nonearthen trench.
(iii) Descaling area.
(iv) Related equipment.
(v) Lined surface impoundment.
(B) It is left in a geothermal piping system, a related piping
system, a nonearthen trench, a descaling area, or another piece of
related equipment 18 months after the date the geothermal power plant
last produced power, unless prior to that date the operator submits
a written notification, as described in paragraph (4) to the
department, and the department acknowledges the notification in
writing.
(C) It is left in a lined surface impoundment and at any time
poses an imminent potential threat to areas outside the surface
impoundment due to windblown fugitive dusts.
(D) It remains in a unit no longer actively regulated by the
regional water quality control board.
(E) It is left in a lined surface impoundment 18 months after the
date the surface impoundment has last received waste, unless prior to
that date the operator submits a written notification as described
in paragraph (4) to the department, and the department acknowledges
the notification in writing.
(4) The notification that is required to be submitted by an
operator pursuant to subparagraphs (B) and (E) of paragraph (3) shall
contain all of the following information:
(A) The name and address of the operator, and the address and
physical location of the plant or surface impoundment in which the
waste will be stored.
(B) Estimated dates on which the units will resume operation.
(C) A description of how the waste will be stored and managed,
demonstrating to the department that the waste will not pose a
significant hazard to human health and safety or the environment.
(5) This subdivision does not exempt hazardous waste that is
either not directly associated with geothermal energy exploration,
development, and production, or that is not exempted from the federal
act pursuant to paragraph (5) of subdivision (b) of Section 261.4 of
Title 40 of the Code of Federal Regulations, or both. Hazardous
waste that is not exempted pursuant to this subdivision includes, but
is not limited to, used oil generated from vehicles or the
lubrication of machinery.