Amended in Assembly May 7, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1190

Introduced by Assembly Member Bloom

February 22, 2013

An act to begin delete add Section 25163.4 to end delete begin insert amend Section 25163.3 of end insert the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1190, as amended, Bloom. Hazardous waste: transportation.

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(1) Existing

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begin insert Existing end insert law requires any person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, to complete a manifest and be subject to transporter registration requirements. Existing law exempts from these requirements a person who is transporting certain types of hazardous waste and who meets other conditions under a consolidated manifest procedure. begin delete A violation of the hazardous waste control laws is a crime. end delete begin insert One of those conditions is that a generator who is a public utility, local publicly owned utility, or municipal utility district is authorized to transport in a single shipment up to 1,600 gallons of hazardous wastewater from the dewatering of one or more utility vaults. end insert

begin insert This bill would revise that condition to increase the maximum to 5,000 gallons. end insert

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This bill would exempt from the hazardous waste manifesting requirements a public utility, local publicly owned utility, or municipal utility district with regard to certain hazardous waste that is collected and transported as specified, subject to notice requirements. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program by creating new crimes.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 25163.3 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

25163.3.  

A person who initially collects hazardous waste at a
remote site and transports that hazardous waste to a consolidation
site operated by the generator and who complies with the
notification requirements of subdivision (d) of Section 25110.10
shall be exempt from the manifest and transporter registration
requirements of Sections 25160 and 25163 with regard to the
hazardous waste if all of the following conditions are met:

(a) The hazardous waste is a non-RCRA hazardous waste, or
the hazardous waste or its transportation is otherwise exempt from,
or is not otherwise regulated pursuant to, the federal act.

(b) The conditions and requirements of Section 25121.3 are
met.

(c) The regulations adopted by the department pertaining to
personnel training requirements for generators are complied with
for all personnel handling the hazardous waste during transportation
from the remote site to the consolidation site.

(d) The hazardous waste is transported by employees of the
generator or by trained contractors under the control of the
generator, in vehicles begin delete which end delete begin insert that end insert are under the control of the
generator, or by registered hazardous waste transporters. The
generator shall assume liability for a spill of hazardous waste being
transported under this section by the generator, or a contractor in
a vehicle under the control of the generator or contractor. Nothing
in this subdivision bars any agreement to insure, hold harmless,
or indemnify a party to the agreement for any liability under this
section or otherwise bars any cause of action a generator would
otherwise have against any other party.

(e) The hazardous waste is not held at any interim location,
other than another remote site operated by the same generator, for
more than eight hours, unless that holding is required by other
provisions of law.

(f) Not more than 275 gallons or 2,500 pounds, whichever is
greater, of hazardous waste is transported in any single shipment,
except for the following:

(1) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to begin delete 1,600 end delete begin insert 5,000 end insert
gallons of hazardous wastewater from the dewatering of one or
more utility vaults, or up to 500 gallons of begin delete any other end delete begin insert another end insert liquid
hazardous waste in a single shipment.

(2) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of mineral oil from a transformer, circuit breakers, or
capacitors, owned by the generator, in a single shipment if the oil
does not exhibit the characteristic of toxicity pursuant to the test
specified in subparagraph (B) of paragraph (2) of subdivision (a)
of Section 66261.24 of Title 22 of the California Code of
Regulations.

(g) A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subdivision (h):

(1) A list of the hazardous wastes being transported.

(2) The type and number of containers being used to transport
each type of hazardous waste.

(3) The quantity, by weight or volume, of each type of hazardous
waste being transported.

(4)  The physical state, such as solid, powder, liquid, semiliquid,
or gas, of each type of hazardous waste being transported.

(5)  The location of the remote site where the hazardous waste
is initially collected.

(6) The location of any interim site where the hazardous waste
is held en route to the consolidation site.

(7) The name, address, and telephone number of the generator,
and, if different, the address and telephone number of the
consolidation site to which the hazardous waste is being
transported.

(8) The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.

(9) The name of the individual or individuals who transport the
hazardous waste from the remote site to the consolidation site.

(10) The date that the generator first begins to actively manage
the hazardous waste at the remote site, the date that the shipment
leaves the remote site where the hazardous waste is initially
collected, and the date that the shipment arrives at the consolidation
site.

(h) A shipping paper is not required if the total quantity of the
shipment does not exceed 10 pounds of hazardous waste, except
that a shipping paper is required to transport any quantity of
extremely or acutely hazardous waste.

(i) All shipments conform with all applicable requirements of
the United States Department of Transportation for hazardous
materials shipments.

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SECTION 1.  

Section 25163.4 is added to the Health and Safety
Code, to read:

25163.4.  

(a) In addition to the consolidation site procedures
authorized by Section 25163.3, a public utility, local publicly
owned utility, or municipal utility district is exempt from the
requirements of Sections 25160 with regard to hazardous waste
that meets all of the following conditions:

(1) The hazardous waste is collected in the amounts and types
specified in subdivision (b) at a remote site.

(2) The hazardous waste is transported pursuant to subdivision
(c) to a consolidation site operated by the public utility, local
publicly owned utility, or municipal utility district.

(3) A notification with regard to that hazardous waste is
submitted pursuant to subdivision (d).

(b) The following amounts of hazardous waste may be
transported pursuant to this section in a single shipment in a vehicle
that meets all applicable vehicle safety requirements:

(1) Between 1,600 and 5,000 gallons of hazardous wastewater
from the dewatering of one or more utility vaults, or between 500
and 5,000 gallons of any other liquid hazardous waste.

(2) Between 2,500 and 10,000 pounds of the following
hazardous wastes:

(A) Asbestos-contaminated waste.

(B) Oil-contaminated waste.

(C) Soil and water contaminated with gasoline or diesel fuel.

(D) Solvents used for cleaning electrical and mechanical
equipment, including hydrocarbon and chlorinated solvents.

(E) Soil and rags contaminated with hydrocarbon or chlorinated
solvents.

(F) Corrosive liquids, including sulfuric acid, sodium hydroxide,
and other corrosive liquids.

(G) Sandblast grit contaminated with metals.

(H) Soil contaminated with metals.

(c) A public utility, local publicly owned utility, or municipal
utility district transporting a hazardous waste pursuant to this
section shall meet all of the following conditions:

(1) The hazardous waste is a non-RCRA hazardous waste, or
the hazardous waste or its transportation is otherwise exempt from,
or is not otherwise regulated pursuant to, the federal act.

(2) The utility or district complies with the conditions and
requirements for remote sites specified in Section 25121.3.

(3) The utility or district complies with the regulations adopted
by the department that pertain to personnel training requirements
for generators, with regard to all personnel handling the hazardous
waste during transportation from the remote site to the
consolidation site.

(4) The hazardous waste is transported by a transporter that is
registered pursuant to the requirements of Section 25163.

(5) The hazardous waste is not held at any interim location,
other than another remote site operated by the same generator, for
more than eight hours, unless that holding is required by other
provisions of law.

(6) A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subparagraph (7):

(A) A list of the hazardous wastes being transported.

(B) The type and number of containers being used to transport
each type of hazardous waste.

(C) The quantity, by weight or volume, of each type of
hazardous waste being transported.

(D) The physical state, such as solid, powder, liquid, semiliquid,
or gas, of each type of hazardous waste being transported.

(E)  The location of the remote site where the hazardous waste
is initially collected.

(F) The location of any interim site where the hazardous waste
is held en route to the consolidation site.

(G) The name, address, and telephone number of the generator,
and, if different, the address and telephone number of the
consolidation site to which the hazardous waste is being
transported.

(H) The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.

(I) The name of the individual who transports the hazardous
waste from the remote site to the consolidation site.

(J) The date that the generator first begins to actively manage
the hazardous waste at the remote site, the date that the shipment
leaves the remote site where the hazardous waste is initially
collected, and the date that the shipment arrives at the consolidation
site.

(7) A shipping paper is not required if the total quantity of the
shipment does not exceed 10 pounds of hazardous waste, except
that a shipping paper is required to transport any quantity of
extremely hazardous waste or acutely hazardous waste.

(8) All shipments comply with all applicable requirements of
the United States Department of Transportation for hazardous
materials shipments.

(d) A public utility, local publicly owned utility, or municipal
utility conducting operations pursuant to this section shall submit
a notification to the department and certified unified program
agency in the same manner as a generator is required to submit a
notification pursuant to subdivision (d) of Section 25110.10.

SEC. 2.  

 No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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