BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 456|
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THIRD READING
Bill No: SB 456
Author: Huff (R)
Amended: 5/2/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/4/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Lowenthal,
Pavley
NO VOTE RECORDED: Kehoe
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Household hazardous waste: transportation
SOURCE : Waste management
DIGEST : This bill authorizes a door-to-door household
hazardous wste collection program to transport household
hazardous waste to a hazardous waste facility, as defined.
The bill requires the use of the consolidated manifesting
procedure by a public agency or its contractor if it
transports household hazardous waste to a hazardous waste
facility, however, the bill excludes a generator that is a
household from the requirement of having an identification
number.
ANALYSIS : Existing law authorizes a door-to-door
household hazardous waste (HHW) collection program to
transport hazardous waste from individual residences to an
authorized household HHW facility, and exempts a
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door-to-door HHW collection program from using a manifest
when transporting HHW collected from individual residences
for transportation to an authorized collection facility.
Background
According to the author's office, 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.
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
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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 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.
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
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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 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
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 Section
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/3/11)
City of Diamond Bar
City of Mission Viejo
Waste Management
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DLW:do 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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