BILL NUMBER: AB 2153 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cristina Garcia
(Coauthor: Assembly Member Santiago)
FEBRUARY 17, 2016
An act to amend Sections 25160.8, 25218.1, and 25218.5 of the
Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2153, as introduced, Cristina Garcia. Household hazardous
waste: hazardous waste facilities.
(1) Existing law authorizes public agencies or their contractors
to operate household hazardous waste collection facilities, as
defined, and specifies conditions for the transportation of household
hazardous waste. A violation of the hazardous waste control laws is
a crime.
Existing law authorizes a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service that meets specified requirements to collect household
hazardous waste from individual residences and, until December 31,
2019, transport that waste to a hazardous waste facility.
This bill would extend that authorization to transport household
hazardous waste to a hazardous waste facility to December 31, 2021.
(2) Existing law requires, on or before December 31, 2019, public
agencies and their contractors that transport household hazardous
waste to a hazardous waste facility to use certain consolidated
manifesting procedures.
This bill would extend the operation of the consolidated
manifesting procedures requirement for these transporters to December
31, 2021.
(3) By extending local agencies' obligations to comply with
requirements for transporting hazardous waste, this bill would impose
a state-mandated local program because a violation of those
requirements would be a crime.
(4) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25160.8 of the Health and Safety Code is
amended to read:
25160.8. (a) For purposes of this section, the following
definitions shall apply:
(1) "CESQG wastes" means hazardous waste generated by a
conditionally exempt small quantity generator, as defined in
subdivision (a) of Section 25218.1.
(2) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" has the same
meaning as defined in subdivision (c) of Section 25218.1.
(3) "Household hazardous waste" has the same meaning as defined in
subdivision (e) of Section 25218.1.
(4) "Public agency" has the same meaning as defined in subdivision
(i) (j) of Section 25218.1.
(5) "Registered hazardous waste transporter" or "transporter"
means a person who holds a valid registration issued by the
department pursuant to Section 25163.
(b) In lieu of the requirements imposed upon a generator pursuant
to subdivision (b) of Section 25160 and the regulations adopted by
the department pursuant to Section 25161, a registered hazardous
waste transporter operating a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service may use the manifesting procedure specified in subdivision
(c) if the transporter complies with the requirements of subdivisions
(d) and (e).
(c) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following manifesting procedures when transporting
household hazardous waste:
(1) A separate manifest shall be completed by each vehicle driver
with respect to each transport vehicle operated by that driver for
each date.
(2) The transporter shall complete both the generator's section
and the transporter's section of the manifest in the following
manner:
(A) In completing the generator's section of the manifest, the
transporter shall use the name, identification number, address, and
telephone number of the public agency operating the door-to-door
household hazardous waste collection program.
(B) In completing the transporter's section of the manifest, the
transporter shall use the transporter's own name, identification
number, terminal address, and telephone number.
(C) The generator's and transporter's sections shall be completed
prior to commencing each day's collection. The driver may sign for
the generator.
(3) (A) The transporter shall attach legible receipts to the front
of the manifest for each quantity of household hazardous waste that
is received from a household. The receipts shall be used to determine
the total volume of household hazardous waste in the vehicle.
(B) After the household hazardous waste is delivered, the receipts
shall be maintained with the transporter's copy of the manifest.
(C) The transporter shall provide a copy of the manifest to the
public agency authorizing the door-to-door household hazardous waste
collection program.
(D) A public agency shall retain each manifest submitted pursuant
to this paragraph for at least three years. The public agency shall
also retain the manifest during the course of any unresolved
enforcement action regarding a regulated activity or as requested by
the department or a certified unified program agency.
(4) Each receipt specified in paragraph (3) shall have the
residential address from which the household hazardous waste was
received, the date received, the manifest number, the volume or
quantity of household hazardous waste received, the type of household
hazardous waste received, the public agency name and phone number,
and the driver's signature.
(5) The transporter shall enter the total volume or quantity of
each type of household hazardous waste transported on the manifest at
the change of each date, change of driver, or change of transport
vehicle. The total volume or quantity shall be the cumulative amount
of each type of household hazardous waste collected from the
generators listed on the individual receipts.
(6) The transporter shall submit a generator copy of the manifest
to the department within 30 days of each shipment.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This transporter shall also retain the manifest during the
course of any unresolved enforcement action regarding a regulated
activity or as requested by the department or a certified unified
program agency.
(8) (A) The transporter shall submit all copies of the manifest to
the designated facility.
(B) A representative of the designated hazardous waste facility
that receives the household hazardous waste shall sign and date the
manifest, return two copies to the transporter, retain one copy, and
send the original to the department within 30 days of receipt.
(C) In lieu of submitting a copy of each manifest used, the
facility operator may submit an electronic report to the department
that meets the requirements of Section 25160.3.
(D) If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department pursuant to Section
25160 or 25161, the transporter, acting on behalf of the generator,
shall submit a copy of the manifest signed by the receiving hazardous
waste facility to the department pursuant to paragraph (3) of
subdivision (b) of Section 25160.
(9) A transporter shall comply with all other requirements of
Sections 25160 and 25161, unless expressly exempted pursuant to this
section.
(d) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following requirements:
(1) A separate manifest shall be initiated for each jurisdiction,
such as from each city or each county, from which household hazardous
waste is collected, using the identification number of the public
agency operating the door-to-door household hazardous waste
collection program in that jurisdiction.
(2) (A) Only used oil, latex paint, and antifreeze that are
household hazardous wastes that are collected from individual
residents may be separately bulked on the vehicle, if the original
containers are appropriately managed.
(B) A transporter collecting household hazardous wastes from
multiple jurisdictions may consolidate those wastes at the time they
are collected only if there is a written agreement among all of the
jurisdictions and the transporter that wastes from multiple
jurisdictions may be consolidated.
(3) The transporter operating the door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service shall not collect CESQG wastes or mix household
hazardous waste with CESQG wastes in the same vehicle or at the same
time as conducting the residential door-to-door household hazardous
waste collection or household hazardous waste residential pickup
service.
(4) (A) The transporter shall conduct all door-to-door or
residential pickup operations to minimize potential harm to the
public, operators, haulers, and the environment.
(B) All associated collection personnel, contractors, and
emergency response personnel who will be handling the hazardous waste
shall use all required personal protective and safety equipment
during operating hours, as specified in Title 8 of the California
Code of Regulations.
(C) The transporter shall allow only those persons trained in
hazardous waste management, including personnel loading or unloading
waste from transport vehicles, to handle the household hazardous
waste.
(D) The transporter shall make available, upon request, to local,
state, or federal agencies, the job titles, job descriptions, and
personnel training records maintained for each person handling
hazardous waste, in the same manner as a hazardous waste facility
operator, as specified in subdivision (d) of Section 66264.16 of
Title 22 of the California Code of Regulations.
(e) (1) A transporter operating a door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service using the manifesting procedure specified in this
section shall submit quarterly reports to the department 30 days
after the end of each quarter. The transporter shall submit the first
quarterly report on October 31, 2012, covering the July to September
2012 period, and the transporter shall submit a report every three
months thereafter. Except as otherwise specified in paragraph (2),
the quarterly report shall be submitted in an electronic format
provided by the department.
(2) A transporter that uses the manifesting procedure specified in
this section for less than 1,000 tons per calendar year may apply to
the department to continue submitting paper format reports.
(3) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each manifest:
(A) The name of the public agency authorizing the door-to-door
household hazardous waste collection program or household hazardous
waste residential pickup service for each manifest.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category listed.
(4) The department shall make all of the information in the
quarterly reports submitted pursuant to this subdivision available to
the public through its usual means of disclosure.
(f) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 25218.1 of the Health and Safety Code is amended
to read:
25218.1. For purposes of this article, the following terms have
the following meanings:
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern that meets the criteria specified in Section
261.5 of Title 40 of the Code of Federal Regulations.
(b) "Curbside household hazardous waste collection program" means
a collection service authorized by a public agency that is operated
in accordance with Section 25163 and subdivision (d) of Section
25218.5 and that collects one or more of the following types of
household hazardous waste:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department.
(c) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" means a
household hazardous waste service that meets all of the following
requirements:
(1) The program or service is operated by a public agency or its
contractor.
(2) The program or service is operated in accordance with
subdivision (e) of Section 25218.5.
(3) (A) The program or service collects household hazardous waste
from individual residences and transports that waste in an inspected
and certified hazardous waste transport vehicle operated by a
registered hazardous waste transporter, to either of the following:
(i) An authorized household hazardous waste collection facility.
(ii) A hazardous waste facility, as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
(B) Clause (ii) of subparagraph (A) shall become inoperative on
and after January 1, 2020. 2022.
(d) "Household" means a single detached residence or a single unit
of a multiple residence unit and all appurtenant structures.
(e) "Household hazardous waste" means hazardous waste generated
incidental to owning or maintaining a place of residence. Household
hazardous waste does not include waste generated in the course of
operating a business concern at a residence.
(f) "Household hazardous waste collection facility" means a
facility operated by a public agency, or its contractor, for the
purpose of collecting, handling, treating, storing, recycling, or
disposing of household hazardous waste, and its operation may include
accepting hazardous waste from conditionally exempt small quantity
generators if that acceptance is authorized pursuant to Section
25218.3. Household hazardous waste collection facilities include
permanent household hazardous waste collection facilities, as defined
in subdivision (h), temporary household hazardous waste collection
facilities, as defined in subdivision (p), recycle-only household
hazardous waste collection facilities, as defined in subdivision (n),
curbside household hazardous waste collection programs, as defined
in subdivision (b), door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service, as
defined in subdivision (c), and mobile household hazardous waste
collection facilities, as defined in subdivision (g).
(g) "Mobile household hazardous waste collection facility" means a
portable structure within which a household hazardous waste
collection facility is operated and that meets all of the following
conditions:
(1) The facility is operated not more than four times in any one
calendar year at the same location.
(2) The facility is operated not more than three consecutive weeks
within a two-month period at the same location.
(3) Upon the termination of operations, all equipment, materials,
and waste are removed from the site within 144 hours.
(h) "Permanent household hazardous waste collection facility"
means a permanent or semipermanent structure at a fixed location that
meets both of the following conditions:
(1) The facility is operated at the same location on a continuous,
regular schedule.
(2) The hazardous waste stored at the facility is removed within
one year after collection.
(i) "Person authorized by the public agency" means an employee of
a public agency or a person from whom services are contracted by the
public agency.
(i)
(j) "Public agency" means a state or federal agency,
county, city, or district.
(j)
(k) "Quality assurance plan" means a written protocol
prepared by a public agency that is designed to ensure that reusable
household hazardous products or materials, as defined in subdivision
(o), that are collected by a household hazardous waste collection
program are evaluated to verify that product containers, contents,
and labels are as they originated from the products' manufacturers.
The public agency or a person authorized by the public agency, as
defined in subdivision (k), (i), shall
design the protocol to ensure, using its best efforts with the
resources generally available to the public agency, or the person
authorized by the public agency, that products selected for
distribution are appropriately labeled, uncontaminated, and appear to
be as they originated from the product manufacturers. A quality
assurance plan shall identify specific procedures for evaluating each
container placed in a recycling or exchange program. The quality
assurance plan shall also identify those products that shall not be
accepted for distribution in a recycling or exchange program.
Unacceptable products may include, but are not limited to, banned or
unregistered agricultural waste, as defined in subdivision (a) of
Section 25207.1, and products containing polychlorinated biphenyls
(PCB), asbestos, or dioxin.
(k) "Person authorized by the public agency" means an employee of
a public agency or a person from whom services are contracted by the
public agency.
( l ) "Recipient" means a person who accepts a reusable
household hazardous product or material at a household hazardous
waste collection facility operating pursuant to this article.
(m) "Recyclable household hazardous waste material" means any of
the following:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Antifreeze.
(5) Spent lead-acid batteries.
(6) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department, except a universal waste for which the department
determines, by regulation, that there is no readily available
authorized recycling facility capable of accepting and recycling that
waste.
(n) "Recycle-only household hazardous waste collection facility"
means a household hazardous waste collection facility that is
operated in accordance with Section 25218.8 and accepts for recycling
only recyclable household hazardous waste materials.
(o) "Reusable household hazardous product or material" means a
container of household hazardous product, or a container of hazardous
material generated by a conditionally exempt small quantity
generator, that has been received by a household hazardous waste
collection facility operating pursuant to this article and that is
offered for distribution in a materials exchange program to a
recipient, as defined in subdivision (l), in accordance with a
quality assurance plan, as defined in subdivision (j).
(k).
(p) "Temporary household hazardous waste collection facility"
means a household hazardous waste collection facility that meets both
of the following conditions:
(1) The facility is operated not more than once for a period of
not more than two days in any one month at the same location.
(2) Upon termination of operations, all equipment, materials, and
waste are removed from the site within 144 hours.
SEC. 3. Section 25218.5 of the Health and Safety Code is amended
to read:
25218.5. (a) (1) Except as provided in paragraph (2), hazardous
waste transported to a household hazardous waste collection facility
shall be transported by any of the following:
(A) The individual or CESQG who generated the waste.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility, a
temporary household hazardous waste collection facility, or a
recycle-only household hazardous waste collection facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.
(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste collection facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste collection facility, operating under a
contract with a public agency to transport hazardous wastes that
were disposed of in violation of this chapter, and that are being
removed by, or are being removed under the oversight of, the public
agency, if the hazardous wastes were not originally disposed of in
violation of this chapter by that public agency.
(2) Spent batteries that are received and transported pursuant to
Section 25216.1 may be transported to a household hazardous waste
collection facility from a collection location or an intermediate
collection location.
(3) Notwithstanding Section 25218.4, a registered hazardous waste
transporter or mobile household hazardous waste collection facility
transporting hazardous waste to a household hazardous waste
collection facility shall comply with subdivisions (a) and (c) of
Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(b) An individual transporting household hazardous waste generated
by that individual and a CESQG transporting hazardous waste
generated by the CESQG to a household hazardous waste collection
facility shall meet all of the following conditions:
(1) (A) Except as provided in subparagraphs (B) and (C) and
Section 25218.5.1, the total amount of household hazardous waste
transported by an individual or hazardous waste transported by a
CESQG to a household hazardous waste collection facility shall not
exceed a total liquid volume of five gallons or a total dry weight of
50 pounds. If the hazardous waste transported is both liquid and
nonliquid, the total amount transported shall not exceed a combined
weight of 50 pounds.
(B) Subparagraph (A) does not apply to spent batteries that are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(C) A CESQG may transport up to 27 gallons or 220 pounds, but not
more than 100 kilograms, per month to a household hazardous waste
collection facility, if all of the following conditions are met:
(i) The hazardous waste being transported was generated by that
CESQG.
(ii) The CESQG contacts the household hazardous waste collection
facility prior to each delivery to confirm that the facility will
accept the hazardous waste.
(iii) The household hazardous waste collection facility provides
oral, written, or electronic instructions to the CESQG prior to each
delivery on proper packing for the safe transportation of the
specific hazardous waste being transported.
(iv) The CESQG or employees of the CESQG transport the hazardous
waste in a vehicle owned and operated by the CESQG.
(2) The household hazardous waste and CESQG hazardous waste that
is transported shall be in closed containers and packed in a manner
that prevents the containers from tipping, spilling, or breaking
during transport.
(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.
(4) If the hazardous waste is an extremely hazardous waste or an
acutely hazardous waste, the total amount transported by a CESQG
shall not exceed 2.2 pounds.
(c) (1) Except as provided in paragraph (2), the total combined
volume or weight of latex paint, used oil filters, antifreeze, and
small batteries transported to a recycle-only household hazardous
waste collection facility by any one individual shall not exceed a
total volume of 10 gallons or a total dry weight of 100 pounds. Up to
two spent lead-acid batteries may be transported at the same time
and not more than 20 gallons of used oil may be transported in the
same vehicle if the volume of each individual container does not
exceed five gallons.
(2) Paragraph (1) does not apply to spent batteries that are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(d) A curbside household hazardous waste collection program shall
meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil
filters shall be collected from a single residence at one time.
(2) Not more than five gallons of used oil shall be collected from
a single residence at one time, and the volume of each individual
container collected shall not exceed five gallons.
(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.
(4) Hazardous waste containing mercury shall not be collected by a
curbside household hazardous waste collection program unless the
waste is contained in secure packaging that prevents breakage and
spillage.
(5) Fluorescent light tubes that are four feet or greater in
length shall not be collected by a curbside household hazardous waste
collection program.
(6) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(7) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(e) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall meet all
of the following conditions:
(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(3) (A) A door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service is
exempt from the requirements of Section 25160 regarding the use of a
manifest when transporting household hazardous waste collected from
individual residences to an authorized hazardous waste collection
facility. In lieu of a manifest, a receipt shall be issued for the
household hazardous waste collected from an individual residence, and
a copy of the receipt shall be retained by the public agency for a
period of at least three years.
(B) (i) On and before December 31, 2019,
2021, if household hazardous waste is transported to a
hazardous waste facility, as defined in Section 66260.10 of Title 22
of the California Code of Regulations, the consolidated manifesting
procedures specified in Section 25160.8 shall be used by the public
agency or its contractor.
(ii) On and after January 1, 2020, 2022,
the requirements of clause (i) shall not be operative.
(f) Notwithstanding Section 25218.4, a mobile household hazardous
waste collection facility, a temporary household hazardous waste
collection facility, or a recycle-only household hazardous waste
collection facility that transports household hazardous waste from
the collection facility to a household hazardous waste collection
facility pursuant to subdivision (a) shall comply with subdivisions
(a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of
Section 25160.
(g) (1) Except as provided in paragraph (2), a door-to-door
household hazardous waste collection program or household hazardous
waste residential pickup service shall not be deemed to be a
household hazardous waste collection facility for purposes of this
chapter if it is operated in conjunction with an authorized household
hazardous waste collection facility.
(2) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service, under which
household hazardous waste is collected from households in one
jurisdiction and transported to an authorized household hazardous
waste collection facility in another jurisdiction, shall be deemed a
household hazardous
waste collection facility for purposes of this chapter and shall
submit the notification required in Section 25218.2 to each CUPA in
whose jurisdiction the household hazardous waste is collected.
SEC. 4. 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.