BILL NUMBER: SB 589	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 18, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Lowenthal
   (Coauthor: Assembly Member Allen)

                        FEBRUARY 17, 2011

   An act to amend Section 25218.8 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 589, as amended, Lowenthal. Household hazardous waste.
   Existing law requires hazardous waste facilities to operate under
hazardous waste facilities permits issued by the Department of Toxic
Substances Control and exempts from this requirement a recycle-only
household hazardous waste collection facility if the facility meets
certain requirements, including that the public agency, or its
contractor, that intends to operate a household hazardous waste
collection facility, submit a certification regarding the operation
of the facility to the certified unified program agency (CUPA).
   This bill would allow, as an alternative to that requirement, that
the facility accept only universal waste, as defined, and that this
waste be managed pursuant to specified regulations.
   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 25218.8 of the Health and Safety Code is
amended to read:
   25218.8.  (a) Except as provided in subdivision (b), a hazardous
waste facilities permit shall be obtained for the operation of a
household hazardous waste collection facility.
   (b) A hazardous waste facilities permit is not required for the
operation of a recycle-only household hazardous waste collection
facility if all of the following conditions are met:
   (1) The facility accepts only the following recyclable household
hazardous waste materials for subsequent transport to an authorized
recycling facility:
   (A) Latex paint.
   (B) Used oil.
   (C) Used oil filters.
   (D) Antifreeze.
   (E) Spent lead-acid batteries.
   (F) Nickel-cadmium, alkaline, carbon-zinc, or other small
batteries, if the facility is in compliance with Section 25216.1.
   (G) Intact spent fluorescent lamps.
   (H) Intact spent high intensity discharge (HID) lamps.
   (2) No hazardous wastes or other materials are handled at the
facility other than the materials specified in paragraph (1).
   (3) The materials are transported to the collection facility by
either of the following:
   (A) The person who generated the material.
   (B) The authorized curbside household hazardous waste collection
program.
   (4) The materials transported to the facility are transported in
accordance with Section 25218.5.
   (5) The materials collected are not stored at the facility for
more than 180 days, except that less than one ton of spent lead-acid
batteries may be stored at the facility for up to one year. More than
one ton of spent lead-acid batteries shall not be stored at the
facility for more than 180 days.
   (6) The materials collected are managed in accordance with the
hazardous waste labeling, containerization, emergency response, and
personnel training requirements of this chapter.
   (7) The facility meets either of the following conditions:
   (A) The facility is in compliance with Section 25218.2.
   (B) The facility accepts only universal waste, as defined in
Section  66291.9   66261.9  of Title 22 of
the California Code of Regulations, and this waste is managed
pursuant to Chapter 23 (commencing with Section 66273.1) of Division
4.5 of Title 22 of the California Code of Regulations.