BILL ANALYSIS �
SB 456
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 456
AUTHOR: Huff
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: April 4, 2011
URGENCY: No CONSULTANT: Caroll Mortensen
SUBJECT : HOUSEHOLD HAZARDOUS WASTE TRANSPORTATION
SUMMARY :
Existing law :
1) Authorizes a door-to-door household hazardous waste (HHW)
collection program to transport hazardous waste from
individual residences to an authorized household HHW facility.
(Health and Safety Code �25218.8).
2) Exempts a door-to-door HHW collection program from using a
manifest when transporting HHW collected from individual
residences for transportation to an authorized collection
facility. (�25218.5).
This bill :
1) Authorizes a door-to-door HHW collection program to transport
HHW to a treatment storage and disposal facility, as defined,
or to an exempt transfer facility, as specified, that is used
while the waste is in transit to either the HHW collection
facility or to the treatment storage and disposal facility.
2) Requires a public agency, or its contractor, if it transports
HHW to a treatment storage and disposal facility, as
specified, to start a manifest when the first item is
collected.
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3) Defines "treatment storage and disposal facility."
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COMMENTS :
1) Purpose of Bill . According to the author, this bill addresses
a requirement in existing law that is burdensome and unwieldy
and adds cost to door-to-door HHW collection programs.
Existing law only allows this waste, once collected from a
homeowner, to be transported to a permanent HHW collection
facility. The Department of Toxic Substances Control (DTSC)
has allowed on a case-by-case basis, this HHW to be sent to
another permitted facility instead of a permanent HHW
facility. This bill codifies that practice.
The mandate to take HHW collected through a door-to-door
program back to a permanent HHW facility is workable when a
local jurisdiction operates both programs. However, some
local jurisdictions are electing to contract with private
entities to provide HHW services to its residents, including
door-to-door HHW service. Not all of these jurisdictions have
a permanent HHW facility, thus they have had to work with
their contractors and DTSC on a case-by-case basis to allow
this activity to take place. This bill still allows the waste
to be taken to a permanent HHW facility, but in addition,
authorizes the waste to be transported to other types of
permitted hazardous waste facilities. These additional
facilities offer the same, or in some cases, more stringent,
management requirement. Also, HHW must be manifested. This
bill adapts the manifest system to require proper tracking of
the HHW through the system.
2) Background on HHW Management and Collection . HHW is hazardous
waste commonly generated by householders and includes such
ubiquitous items as batteries, pesticides, electronics,
fluorescent lamps, used oil, solvents, and cleaners. If these
products are handled or disposed of incorrectly, they can pose
a threat to the health and safety and the environment. When
these products are discarded, they become "household hazardous
waste." In California, it is illegal to dispose of HHW in the
trash, down the drain, or by abandonment. HHW needs to be
disposed of through a HHW program. There are many different
approaches to the collection and management of HHW, all are
permitted by DTSC and most are operated by local
jurisdictions. Some private operators operate programs under
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contract with local jurisdictions, including curbside and
door-to-door collection.
Permanent Household Hazardous Waste Collection Facilities
(PHHWCFs). PHHWCFs are HHW collection facilities operated by
a public agency on a continuous, regular schedule and housed
in a permanent or semi-permanent structure at a fixed
location. The HHW collected at the PHHWCF can only be stored
at the facility for one year. Wastes are routinely taken for
recycling or disposal, and no wastes are allowed to remain at
the facility for more than one year after the date of
collection. These facilities are authorized under Permit by
Rule (PBR) by the local jurisdiction, according to regulatory
standards adopted by DTSC.
Temporary Household Hazardous Waste Collection Facilities
(THHWCFs). Temporary HHW collection facilities are operated by
public agencies not more than once in any one month at the
same location. The collection events cannot exceed two days
and at the end of the event, all equipment, materials, and
waste must be removed from the site within 144 hours (six
days). These facilities are also authorized under Permit by
Rule (PBR) by the local certified unified program agency
(CUPA), according to regulatory standards adopted by DTSC. In
non-CUPA counties, the facilities are authorized by DTSC.
Curbside Collection. Curbside HHW collection programs may be
operated by public agencies to collect one or more of the
following types of HHW: used oil and filters, latex paint,
batteries, electronic wastes, and cell phones. Curbside
collection programs require authorization and are operated
according to the requirements established in the HHW law.
(�25218.5 (d)).
Door-to-Door/Residential Collections. Residential
(door-to-door) HHW collection programs are a subset of the HHW
program and are operated by public agencies to collect
household hazardous wastes directly from individual
residences. Business waste, even that generated by a
home-based business, may not be collected by a door-to-door
program. The collected wastes are then transported to an
authorized HHW collection facility. Please note, wastes to be
collected by a door-to-door program must be kept in a secure
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environment by the resident and may not be left where there
may be access by the public, such as the sidewalk or curbside.
Mobile Household Hazardous Waste Collection Facilities
(MHHWCFs). Mobile HHW collection facilities are housed in
portable structures that are operated for no more than three
weeks in a row during any two-month period for not more than
four times a year in the same location. At the end of
operations at each site, all equipment and wastes must be
removed from the site within 144 hours. Since regulations
authorizing mobile HHW facilities have not yet been
promulgated, authorization for mobile HHW facilities is
currently provided under a hazardous waste variance issued by
DTSC. In general, in order to receive a variance to operate a
mobile HHW collection facility the local agency will be
required to operate under the same standards as the temporary
facility. (Title 22, California Code of Regulations
�67450.4).
Variances. Any requests to operate HHW collection activities
in a manner that differs from requirements currently
established in HHW law or regulations must be submitted to
DTSC for consideration for authorization under a hazardous
waste variance. Health and Safety Code �25143 allows DTSC to
issue variances at its discretion. Since the Legislature
already has established the minimum requirements for
management of household hazardous waste, variances will be
considered for unusual or extreme circumstances of limited
duration only.
3)Amendments Needed . This bill needs technical amendments to
delete the new definition of "treatment storage and disposal
facility" and replace with a reference to existing definitions
for treatment storage and disposal facilities. The same is
needed for the proposed manifesting requirements.
SOURCE : Waste Management
SUPPORT : None on file
OPPOSITION : None on file
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