text:
(a) The department shall convene a Retail Waste Working Group comprised of representatives of large retailers, small retailers, district attorneys, certified unified program agencies, nongovernment organizations, local governments, other relevant state agencies as determined by the department, manufacturers, reverse distributors, and other stakeholders to consider and make findings and recommendations on the following:

(1) Regulatory and statutory requirements that may be considered confusing or may need clarification or specification when applied to the overall management by manufacturer, distributor, supplier, vendor, retail, and reverse logistics facilities of surplus household consumer products, including products that can be considered hazardous waste or pharmaceutical waste once a waste determination is made.

(2) Statutory or regulatory recommendations to facilitate and increase the donation, liquidation, and sale of surplus household consumer products, and waste reduction opportunities for those products, and to clarify waste management requirements to encourage the management of surplus household consumer products by manufacturer, distributor, supplier, vendor, retail, and reverse logistics facilities in a manner that is protective of public health and the environment.

(b) For purposes of this section, “surplus household consumer product” means a household consumer product that cannot or will not be sold to a consumer through that product’s primary market.

(c) By June 1, 2017, the Retail Waste Working Group shall report the findings and recommendations made pursuant to subdivision (a) to the Legislature.

history: (History: Added by Stats. 2016, Ch. 771, Sec. 1. (SB 423) Effective January 1, 2017.)


kind: section

code: HSC

text:
As used in this article, the following terms have the following meaning:

(a) “Federal battery management act” means the Mercury-Containing and Rechargeable Battery Management Act (P.L. 104-142), or that act as it may thereafter be amended.

(b) “Federally regulated battery” means a battery that is subject to the federal battery management act.

history: (History: Added by Stats. 1996, Ch. 575, Sec. 1. Effective September 17, 1996.)

chapter: 6.5. Hazardous Waste Control

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 10.9. Battery Management: Federal Regulation


text:
(a) Notwithstanding any other provision of law, including, but not limited to, any other provision of this chapter, the federal battery management act shall be deemed to be the law of this state with regard to the easy removability, environmental labeling, collection, storage, and transportation of federally regulated batteries, and any battery that is a federally regulated battery shall be managed in accordance with the federal battery management act.

(b) It is the intent of subdivision (a) to make the necessary changes in state law to allow the department to seek and maintain the approval of the Administrator of the Environmental Protection Agency to implement and enforce the requirements of subsection (a) of Section 104 of the federal battery management act.

division: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS

article: 10.9. Battery Management: Federal Regulation


text: Except as provided in this article, batteries not subject to regulation pursuant to Section 25219.1 shall be managed in compliance with all other requirements of this chapter.


text:
(a) The department shall notify the planning and building department of each city, county, or regional council of governments of any recorded land use restriction imposed within the jurisdiction of the local agency pursuant to the former Section 25229, 25230, or 25398.7, as those sections read prior to June 27, 2012, or Section 25202.5, 25221, or 79055. Upon receiving this notification, the planning and building department shall do both of the following:

(1) File all recorded land use restrictions in the property files of the city, county, or regional council of government.

(2) Require that a person requesting a land use that differs from those filed land use restrictions on the property apply to the department for a variance or a removal of the land use restrictions pursuant to Section 25223 or 25224.

(b) A planning and building department of a city, county, or regional council of governments may assess a property owner a reasonable fee to cover the costs of taking the actions required by subdivision (a). For purposes of this subdivision, “property owner” does not include a person who holds evidence of ownership solely to protect a security interest in the property, unless the person participates, or has a legal right to participate, in the management of the property.

(c) The department shall maintain a list of all recorded land use restrictions, including deed restrictions, recorded pursuant to the former Sections 25229, 25230, and 25398.7, as those sections read prior to June 27, 2012, and Sections 25202.5, 25221, and 79055. The list shall, at a minimum, provide the street address, or, if a street address is not available, an equivalent description of location for a rural location or the latitude and longitude of each property. The department shall update the list as new deed restrictions are recorded. The department shall make the list available to the public, upon request, and shall make the list available on the department’s internet website. The list shall also be incorporated into the list of sites compiled pursuant to Section 65962.5 of the Government Code.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 60. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 11.1. Institutional Control

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 11.1. Institutional Control


text: A person may enter into an agreement with the department regarding his or her property, or a portion thereof, which provides for restricting specified uses of the property, as determined by all parties to the agreement. Except as otherwise provided in this article, the agreement is irrevocable and shall be recorded by the owner, pursuant to paragraph (1) of subdivision (a) of Section 25220, as a hazardous waste easement, covenant, restriction, or servitude, or any combination of those servitudes, as appropriate, upon the present and future uses of the land. That person shall bear all costs incurred in determining the specific land use restrictions for his or her property, or a portion of the property pursuant to this subdivision.

history: (History: Repealed and added by Stats. 2012, Ch. 39, Sec. 39. (SB 1018) Effective June 27, 2012.)

article: 11.1. Institutional Control


text: Public notice of an agreement proposed to be entered into pursuant to Section 25221 shall be provided by the department at least 30 days before a hearing on, or execution of, the agreement. The notice shall be given by publication once in a newspaper of general circulation published and circulated in the locale or, if there is none, by posting the notice in at least three public places in the locale. In the case of a proposed agreement, the department shall also give notice to the city or county in whose jurisdiction the property is located. Public comment on the proposed agreement entered into pursuant to Section 25221 shall be submitted to the department in writing.

article: 11.1. Institutional Control


text:
(a) A person may apply to the department for a written variance from a land use restriction imposed by the department. An application shall contain sufficient evidence for the department to issue a notice for a hearing. The notice shall contain both of the following:

(1) A statement of all of the following that apply:

(A) Land use restrictions have been imposed on the land.

(B) A hearing is pending on the land.

(2) A statement of who is applying for a variance, the proposed variance, and a statement of the reasons in support of the granting of a variance.

(b) The procedures for the conducting of the hearing specified in subdivision (a) are those set forth in former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20. A person shall not make a subsequent application pursuant to this section within 18 months of a final decision on an application by the department. A person applying for a variance pursuant to this section shall pay the department for all costs incurred by the department relating to the application.

(c) The applicant shall have the burden of proving at the hearing that the variance will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste:

(1) The creation or increase of significant present or future hazards to public health.

(2) A significant diminution of the ability to mitigate any significant potential or actual hazard to public health.

(3) A long-term increase in the number of humans or animals exposed to significant hazards that affect the health, well-being, or safety of the public.

(d) If, upon the preponderance of the testimony taken, the director is of the opinion that the variance should be granted, the director shall issue and cause to be served his or her decision and findings of fact on the owner of the land, the legislative body of the city or county in whose jurisdiction the land is located, and upon any other persons who were permitted to intervene in the proceedings. The findings of fact shall include the exact nature of the proposed variance and the reasons in support of the granting of the variance.

(e) If the director is of the opinion that the variance should not be granted, the director shall issue and cause to be served his or her findings of fact in support of the denial on the parties specified in subdivision (d).

(f) The department shall record within 10 days any final decision made by the director pursuant to this section as provided in Section 25225.

(g) A decision of the director made after a hearing held pursuant to this section shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds that it is supported by substantial evidence.

article: 11.1. Institutional Control


text:
(a) A person may apply to the department to remove a land use restriction imposed by the department on the grounds that the waste no longer creates a significant existing or potential hazard to present or future public health or safety. A person shall not make a subsequent application pursuant to this section within 12 months of a final decision on an application by the department. A person applying to the department pursuant to this section shall pay the department all costs incurred by the department relating to the application. An application shall contain sufficient evidence for the department to make a finding upon any or all of the following grounds:

(1) The hazardous waste that caused the land to be restricted or designated has since been removed or altered in a manner that precludes any significant existing or potential hazard to present or future public health.

(2) New scientific evidence is available since the restriction or designation of the land or the making of any previous application pursuant to this section, concerning either of the following:

(A) The nature of the hazardous waste that caused the land to be designated.

(B) The geology or other physical environmental characteristics of the designated land.

(b) An aggrieved person may appeal a determination of the department made pursuant to subdivision (a) by submitting a request for a hearing to the director. The request shall be mailed by certified mail not later than 30 days after the date of the mailing of the department’s decision on the application.

(c) Upon receipt of a timely appeal, the director shall give notice of a hearing pursuant to the procedures set forth in this article.

(d) The department shall record within 10 days any new and final determination made by the department pursuant to this section as provided in Section 25225.

(e) A determination made by the department, after a hearing held pursuant to this section, shall be reviewable pursuant to Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds that it is supported by substantial evidence.

(f) Whenever there is a final determination pursuant to this section removing a land use restriction, the easement, covenant, restriction, or servitude imposed on the land created by Section 25221 or 79055 or the former Section 25222.1 or 25230 shall automatically terminate. The department shall record or cause to be recorded within 10 days a termination of the easement, covenant, restriction, or servitude, which shall particularly describe the real property subject to the easement, covenant, restriction, or servitude and shall be indexed by the recorder in the grantee index in the name of the record title owner of the real property subject to the easement, covenant, restriction, or servitude and in the grantor index in the name of the department.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 61. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 11.1. Institutional Control


text: The department shall record within 10 days any final written instrument made pursuant to Section 25221 or 25224 with the county recorder of the county in which the property is located. Any recordation made pursuant to this article or Section 25202.5 or 79055 shall include the street address, assessor’s parcel number, or legal description of each parcel affected and the name of the owner thereof, and the recordation shall be recorded by the recorder in the grantor index in the name of the record title owner of the real property and in the grantee index in the name of the department.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 62. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 11.1. Institutional Control


text: An assessor shall consider a restrictive easement, covenant, restriction, or servitude adopted pursuant to the former Section 25230, as that section read prior to June 27, 2012, or Section 25202.5, 25221, or 79055 as an enforceable easement, covenant, restriction, or servitude subject to Section 402.1 of the Revenue and Taxation Code and shall appropriately reassess the land, those of which has been restricted, at the lien date following the adoption or imposition of the easement, covenant, restriction, or servitude.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 63. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 11.1. Institutional Control


text:
A person shall not engage in any of the following on land that is subject to a recorded land use restriction pursuant to former Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Section 25202.5, 25221, or 79055, unless the person obtains a specific approval in writing from the department for the land use on the land in question:

(a) A new use of the land, other than the use, modification, or expansion of an existing industrial or manufacturing facility or complex on land that is owned by, or held for the beneficial use of, the facility or complex on or before January 1, 1981.

(b) Subdivision of the land, as that term is used in Division 2 (commencing with Section 66410) of Title 7 of the Government Code, except that this subdivision does not prevent the division of a parcel of land so as to divide that portion of the parcel that contains hazardous materials, as defined in subdivision (d) of Section 25260, from other portions of that parcel.

(c) Construction or placement of a building or structure on the land that is intended for use as any of the following, or the new use of an existing structure for the purpose of serving as any of the following:

(1) (A) Except as provided in subparagraph (B), a residence, including a mobilehome or factory built housing constructed or installed for use as permanently occupied human habitation.

(B) The addition of rooms or living space to an existing single-family dwelling or other minor repairs or improvements to residential property that do not change the use of the property, increase the population density, or impair the effectiveness of a response action, shall not constitute construction or placement of a building or structure for purposes of subparagraph (A).

(2) A hospital for humans.

(3) A school for persons under 21 years of age.

(4) A day care center for children.

(5) A permanently occupied human habitation, other than those used for industrial purposes.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 64. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 11.1. Institutional Control


text: The Legislature finds and declares that this article is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this article does not set a precedent applicable to the management, including disposal, of other hazardous wastes.

history: (History: Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)

article: 11.2. Management of Treated Wood Waste

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 11.2. Management of Treated Wood Waste


text:
For purposes of this article, the following definitions apply:

(a) “Class I hazardous waste landfill” means a landfill that is also authorized as part of a permitted facility. “Landfill” and “permitted facility” have the same meanings as defined in Section 66260.10 of Title 22 of the California Code of Regulations.

(b) “Solid waste landfill” means a facility, as defined in Section 40195.1 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(c) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).

(d) “Treated wood waste” means wood waste that meets the requirements described in Section 25230.2.

(e) “Treated wood waste approved landfill” means a class I hazardous waste landfill, or a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste and that is in compliance with this article.

(f) (1) “Treated wood waste facility” means any of the following:

(A) A solid waste landfill that is in compliance with this article.

(B) A transfer or processing station that is in compliance with this article. For purposes of this subparagraph, “transfer or processing station” is a facility, as defined in Section 40200 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(C) A gasification facility that is in compliance with this article. For purposes of this subparagraph, “gasification facility” is a facility that uses a gasification process, as defined in Section 40117 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(D) A treated wood waste approved landfill that is in compliance with this article.

(E) A class I hazardous waste landfill.

(F) A small volume construction and demolition debris and inert debris (CDI) processing operation that is in compliance with this article. For purposes of this subparagraph, a “small volume construction and demolition debris and inert debris (CDI) processing operation” is a site that receives less than 25 tons of any combination of construction and demolition debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(G) A limited volume transfer operation that is in compliance with this article. For purposes of this clause, a “limited volume transfer operation” is an operation that receives less than 60 cubic yards, or 15 tons, of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and that does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator, and that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(2) “Treated wood waste facility” does not include either of the following:

(A) A composting facility. For purposes of this subparagraph, “composting facility” is a facility that produces compost, as defined in Section 40116 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(B) A transformation facility. For purposes of this subparagraph, “transformation facility” is a facility that uses a transformation process, as defined in Section 40201 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(g) “Treated wood waste handler” means a person who generates, handles, collects, processes, accumulates, stores, transfers, transports, treats, recycles, or disposes of treated wood waste.

(h) “Unit” means a pile, stack, container, bundle, or other discernable aggregation of treated wood waste for purposes of this article.

(i) “Wood preserving industry” means business concerns, either individually or collectively through a trade association, other than retailers, that manufacture or sell treated wood products in the state.

(j) “Wood waste” means all waste timber products and failed timber products, including solid sawn lumber and engineered wood products, offcuts, shavings, and sawdust that meet the definition of “waste” pursuant to Section 25124. “Wood waste” does not mean forest residues, green waste, or garden waste materials such as branches, bushes, and tree stumps.

article: 11.2. Management of Treated Wood Waste


text:
(a) The alternative management standards of this article apply only to wood waste that is all of the following:

(1) A hazardous waste solely due to the presence of a preservative in or on the wood that is registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) for use as a wood preservative.

(2) Not subject to regulation as a hazardous waste under the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6926).

(3) Section 25143.1.5 does not apply to the wood waste.

(b) The alternative management standards of this article do not apply to wood waste exempted from hazardous waste management standards pursuant to Section 25143.1.5.

(c) The following wood wastes are not eligible for the alternative managements standards of this article:

(1) Wood waste that is hazardous due to the presence of coatings, paint, or other treatments that are not registered in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) for use as a wood preservative.

(2) Wood waste when designated to be burned.

article: 11.2. Management of Treated Wood Waste


text:
(a) Treated wood waste, as described in Section 25230.2, when managed as specified in this article, is exempt from the management requirements for hazardous waste pursuant to this chapter and the management standards in Chapter 12 (commencing with Section 66262.10) to Chapter 20 (commencing with Section 66270.1), inclusive, of Division 4.5 of Title 22 of the California Code of Regulations.

(b) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative management standards specified in this article or with the requirements for the management of hazardous waste pursuant to this chapter.

(c) A person who is in compliance with the standards specified in this article is deemed to be in compliance with the requirements of this chapter for which the standard is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter.

(d) All variances granted by the department before enactment of the bill adding this article governing the management of treated wood waste are inoperative and have no further effect.

(e) Nothing in this article exempts treated wood waste from any other applicable requirements of state or federal law or regulation, or limits the authority of governmental agencies to adopt or enforce additional requirements related to the management of treated wood waste.

(f) This article does not limit the authority or responsibility of the department to adopt regulations under any other law.

article: 11.2. Management of Treated Wood Waste


text:
(a) Except as authorized by this article, treated wood waste managed in accordance with the alternative management standards of this article, shall not be any of the following:

(1) Burned.

(2) Scavenged.

(3) Commingled with other waste prior to disposal, if previously segregated.

(4) Stored in contact with the ground.

(5) Recycled, with or without treatment, except as provided for in subdivision (c).

(6) Treated except in compliance with Section 25230.10.

(7) Disposed to land except in compliance with Section 25230.11.

(8) Chipped for mulch.

(b) Any label or mark that identifies the wood waste as treated wood waste shall not be intentionally removed, obliterated, defaced, or destroyed prior to disposal in a landfill.

(c) Treated wood waste may be recycled only by reuse if all of the following conditions apply:

(1) Reuse is onsite at the facility at which the treated wood waste was generated.

(2) At the time of reuse, reuse is consistent with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) approved use of the preservative with which the treated wood waste has been treated.

(3) Prior to reuse, the treated wood waste is handled in compliance with all applicable management standards of this article.

(d) Subject to subdivision (c), during reuse, the treated wood waste is not subject to the management standards in Sections 25230.5 through 25230.11.

article: 11.2. Management of Treated Wood Waste


text:
(a) Treated wood waste generated, accumulated, stored, or transported within California shall be clearly marked and visible for inspection. The person managing the treated wood waste shall ensure that each unit or area designated for accumulation of treated wood waste is labeled. The area designated for accumulation of treated wood waste shall be clearly identified and used solely for the accumulation of treated wood waste.

(b) In order to clearly identify the nature of the waste to the receiving party or any observer, the treated wood waste shall be labeled or marked as follows:

“TREATED WOOD WASTE - Do not burn or scavenge.

Treated Wood Waste Handler Name and Address:

________________________________________________

________________________________________________

Accumulation Date: _________________________”.

(c) The treated wood waste handler shall ensure that labels are maintained in compliance with the requirements of subdivisions (a) and (b) during transport.

(d) Treated wood waste is exempt from the labeling requirements of this section under either of the following conditions:

(1) It is accumulated for a period not to exceed 30 days by a household at the site of generation in compliance with the requirements of Section 25230.6.

(2) It is generated by a household, while being self-transported to an approved treated wood waste facility if the treated wood waste is identified to the treated wood waste facility as treated wood waste.

article: 11.2. Management of Treated Wood Waste


text:
(a) (1) Treated wood waste shall be maintained in a manner that prevents unauthorized access and minimizes release to the environment.

(2) Unauthorized access shall be prevented by means of visual control or a physical barrier when not under the direct control of the person responsible for the treated wood waste.

(b) The treated wood waste shall be accumulated in a manner that is protected from run-on and runoff, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water, which may be accomplished by any one of the following:

(1) The treated wood waste may be accumulated when all the following requirements are met:

(A) The treated wood waste is elevated to prevent contact with the soil and to protect from reasonably foreseeable run-on.

(B) The treated wood waste is covered to protect from precipitation.

(C) The treated wood waste is accumulated no longer than 90 days from the date the treated wood waste is generated or received from another handler.

(2) The treated wood waste may be accumulated in containers no longer than one year from the date the treated wood waste is generated or received from another handler if the containers are all of the following:

(A) Designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incidental to handling, there will be no identifiable release of treated wood waste materials or its constituents to the environment.

(B) Water-resistant if exposed to precipitation, run-on, or runoff under reasonably foreseeable conditions.

(C) Transported to a treated wood waste facility within 90 days of being filled to capacity.

(3) The treated wood waste shall be accumulated no longer than one year from the date the treated wood waste is generated or received from another handler in a structurally sound building with a water-resistant floor designed to prevent the movement of water into or out of the building.

(4) The treated wood waste may be accumulated no longer than 180 days from the date the treated wood waste is generated or received from another handler on a containment surface and all the following requirements are met:

(A) The treated wood waste does not contact soil.

(B) The treated wood waste is protected from reasonably foreseeable run-on.

(C) (i) Except as provided in clause (ii), the treated wood waste is covered to protect from precipitation.

(ii) The treated wood waste managed in accordance with this paragraph may be accumulated uncovered if the containment surface is designed and operated to contain all precipitation and the resulting water is managed in accordance with all applicable laws and regulations.

(5) The treated wood waste may be accumulated no longer than 90 days from the date the treated wood waste is generated or received from another handler in any other manner in which the treated wood waste handler can clearly demonstrate that the treated wood waste is protected from run-on and runoff, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water.

(c) Except as provided in subdivision (d), treated wood waste shall not be accumulated for more than one year from the date of generation or the date received from another handler.

(d) A handler may accumulate treated wood waste for longer than one year from the date the treated wood waste is generated or received from another handler, if the accumulation is solely for the purpose of accumulation of quantities of treated wood waste necessary to facilitate disposal pursuant to Section 25230.11. However, the handler bears the burden of proving that the accumulation was solely for the purpose of accumulation of quantities of treated wood waste necessary to facilitate proper disposal.

(e) A person who accumulates treated wood waste shall be able to demonstrate the length of time the treated wood waste has been accumulated from the date it becomes a waste or is received.

(f) Treated wood waste generated incidental to the maintenance of a household and accumulated by the resident of the household at the site of generation is exempt from the accumulation requirements of this section if both of the following requirements are met:

(1) Treated wood waste is not physically altered except as provided in subdivisions (c) and (d) of Section 25230.10.

(2) Treated wood waste is accumulated no longer than 30 days.

(g) Treated wood waste generated incidental to the operation of a business accumulated at the site of generation for a period not to exceed 30 days is exempt from the accumulation requirements of this section if both of the following conditions are met:

(1) The treated wood waste is not physically altered except as provided in subdivisions (c) and (d) of Section 25230.10.

(2) The business accumulates no more than 1,000 pounds of treated wood waste.

article: 11.2. Management of Treated Wood Waste


text:
(a) Except as provided in subdivision (c), a treated wood waste handler is prohibited from sending or taking treated wood waste to a place other than a treated wood waste facility, or a treated wood waste approved landfill.

(b) Prior to sending a shipment of treated wood waste to another treated wood waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.

(c) A treated wood waste handler who initially collects treated wood waste at a remote site may transport that treated wood waste to a consolidation site operated by the generator if all the following conditions are met:

(1) The treated wood waste is transported by the generator, employees of the generator, or by the generator’s agent. For purposes of this paragraph, “agent” means a person hired by a generator for the removal, collection, or transportation of treated wood waste.

(2) A shipping document containing all of the following information accompanies the treated wood waste while in transport:

(A) The quantity, by weight or volume, of treated wood waste being transported.

(B) The location of the remote site where the treated wood waste was initially collected.

(C) The date that the generator first began to accumulate the treated wood waste at the remote site, the date that the shipment leaves the remote site, and the date that the shipment arrives at the consolidation site.

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

(E) The name of the individual or individuals who transport the treated wood waste from the remote site to the consolidation site.

(3) The treated wood waste handler shall retain the shipping document described in paragraph (2) of subdivision (c) for at least three years from the date the treated wood waste leaves the treated wood waste consolidation site.

(d) The treated wood waste shall be shipped or transported in a manner that prevents unauthorized access, protects the treated wood waste from precipitation, and prevents loss, dispersion, and leaching of treated wood waste constituents.

article: 11.2. Management of Treated Wood Waste


text:
(a) A treated wood waste handler shall keep a record of each shipment of treated wood waste sent from the handler to treated wood waste facilities. The record may take the form of a log, invoice, manifest, bill of lading, shipping document, or receipt from a treated wood waste facility. The record for each shipment of treated wood waste shall include all of the following information:

(1) The name and address of the treated wood waste facility to which the treated wood waste was sent.

(2) The weight of treated wood waste, the estimated weight of treated wood waste, or the weight of the treated wood waste as measured by the receiving treated wood waste facility. An estimated weight may be used when a scale is unavailable or weighing is impractical. Assumptions required for weight estimates shall be recorded in the shipment records.

(3) The date the shipment of treated wood waste left the handler.

(b) A treated wood waste handler shall keep a record of each shipment of treated wood waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of treated wood waste received shall include all of the following information:

(1) The originating treated wood waste generator’s full business name, identification number, if they have one, along with project name and number, if applicable, and address.

(2) The weight of treated wood waste or the estimated weight of treated wood waste. An estimated weight may be used when a scale is unavailable or weighing is impractical. Assumptions required for weight estimates shall be recorded in the shipment records.

(3) The date of receipt of the shipment of treated wood waste.

(c) A treated wood waste facility or a treated wood waste approved landfill that receives treated wood waste shall submit to the department semiannual reports for the periods ending June 30 and December 31 of each year. Reports shall be required beginning December 31, 2021, and shall be submitted in an electronic format provided by the department within 30 days of the end of each reporting period. Each semiannual report shall include the following information:

(1) Reporting facility information that includes the facility name, location address, and contact.

(2) For all treated wood waste shipments received, other than those reported under paragraphs (3) to (5), inclusive, the treated wood waste facility shall report the following information:

(A) The generator’s identification number, or, if the generator does not have an identification number, the name, address, contact person’s name, mailing address, and telephone number of the generator.

(B) The dates of shipments.

(C) The weight of treated wood waste per shipment.

(3) The weight summary of all treated wood waste quantities received that were generated by households.

(4) The weight summary of all treated wood waste quantities discovered and separated from solid waste as part of an onsite load checking program.

(5) For shipments received from another treated wood waste facility, the following information shall be reported by the receiving treated wood waste facility:

(A) The treated wood waste facility’s identification number or the name, address, contact person’s name, mailing address, and telephone number of the treated wood waste facility.

(B) The dates of shipments.

(C) The weight of treated wood waste per shipment.

(d) The department shall make all of the information in the semiannual reports submitted pursuant to this section available to the public, through its usual means of disclosure, except the department shall not disclose the association between any specific treated wood waste handlers and specific facilities. The list of treated wood waste handlers served by a facility shall be deemed to be a trade secret and confidential business information for purposes of Section 25173 and Section 66260.2 of Title 22 of the California Code of Regulations.

(e) (1) A treated wood waste handler shall retain the records described in subdivision (a) for at least three years from the date the shipment left the handler.

(2) A treated wood waste facility shall retain the records described in subdivision (b) for at least three years from the date of receipt of a shipment.

(f) Households are exempt from the recordkeeping requirements of this section when the treated wood waste is generated incidental to that household.

article: 11.2. Management of Treated Wood Waste


text:
(a) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall obtain or maintain an identification number within 30 days of exceeding the weight threshold.

(b) In any calendar year that a treated wood waste handler generates more than 10,000 pounds of treated wood waste, the handler shall send written notification to the department within 30 days of exceeding the 10,000-pound limit. The notification shall include all of the following:

(1) The handler’s name and mailing address.

(2) The generator’s identification number.

(3) The name and business telephone number of the person at the handler’s site who should be contacted regarding treated wood waste management activities.

(4) The address or physical location of the treated wood waste management activities.

(5) The date the handler exceeded the 10,000-pound limit.

(6) A statement indicating that the handler is generating more than 10,000 pounds of treated wood waste per calendar year.

article: 11.2. Management of Treated Wood Waste


text:
(a) For purposes of this section, “resizing” means minimal cutting, breaking, or sawing, but does not include planing, grinding, drilling, chipping, sanding, shredding, mulching, or other mechanical handling or any other treatment.

(b) Except as provided in subdivisions (c) and (d), treatment, as defined in Section 25123.5, of treated wood waste managed in accordance with the alternative management standards of this article is prohibited.

(c) Resizing is exempt from the permitting requirements of this chapter when resized to facilitate transport or reuse and the following requirements are met:

(1) The treated wood waste is handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment.

(2) If size reduction of the treated wood waste results in sawdust, particles, or other material smaller than one cubic inch, the material is captured and managed as treated wood waste.

(d) Sorting and segregating are both exempt from the hazardous waste permitting requirements of this chapter. The treated wood waste shall be handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment.

(e) An employer resizing, sorting, or segregating treated wood waste shall comply with the employee training requirements of Section 25230.12 for all applicable employees.

article: 11.2. Management of Treated Wood Waste


text:
(a) Notwithstanding Sections 25189.5 and 25201, when disposed to land, treated wood waste shall be disposed of in either a class I hazardous waste landfill or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste.

(b) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements:

(1) Manage the treated wood waste to prevent scavenging.

(2) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this article, including the prohibitions in Section 25230.3 for handling treated wood waste.

(3) Handle treated wood waste in a manner consistent with all applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste.

(4) (A) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release.

(B) The landfill unit shall notify the department that treated wood waste is no longer being discharged to that landfill unit and when corrective action results in cessation of the release.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 92. (SB 1380) Effective January 1, 2023. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)

article: 11.2. Management of Treated Wood Waste


text:
(a) An employer managing treated wood waste shall provide training for all employees handling treated wood waste and all employees that may reasonably be expected to contact treated wood waste. The training shall include all of the following:

(1) All applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste.

(2) Procedures for identifying and segregating treated wood waste.

(3) Safe handling practices.

(4) Requirements of the alternative management standards.

(5) Proper disposal methods.

(b) A record of the training described in subdivision (a) shall be maintained for a period of three years and available for review by the department.

article: 11.2. Management of Treated Wood Waste


text: The Legislature intends to continue to work with the department in order to ensure adequate enforcement of and compliance with this article, including estimations for adequate enforcement, when resources are made available for those purposes.

article: 11.2. Management of Treated Wood Waste


text:
(a) The Legislature intends to continue to evaluate the alternative management standards for treated wood waste, including the potential for longer term solutions that may replace the continuation of the alternative management standards and disposal of treated wood waste in solid waste landfills. The department shall update the Legislature, upon request, regarding the alternative management standards and changes to the treated wood waste program.

(b) The wood preserving industry shall update the department, upon request, on trends within the wood preserving industry regarding the use of treated wood preservatives and the generation of treated wood waste.

article: 11.2. Management of Treated Wood Waste


text:
(a) The wood preserving industry shall, in consultation with the department, maintain an internet website and prepare fact sheets and other outreach materials on the appropriate handling, disposal, and other management of treated wood waste for generators of treated wood waste and for facilities that may receive or handle treated wood waste. The outreach materials shall include, but not be limited to, information on how to identify treated wood waste compared to other wood wastes, instructions for how to properly handle, store, and dispose of treated wood waste, instructions on the required documentation for treated wood waste disposal, information on the appropriate use of protective equipment for handling treated wood and for field treating, and other information on maintaining compliance with the treated wood waste requirements for generators of treated wood waste and for facilities that may receive or handle treated wood waste pursuant to this article.

(b) The wood preserving industry shall annually update and renew the outreach materials prepared pursuant to subdivision (a), as appropriate.

(c) The wood preserving industry, in consultation with the department, shall disseminate, electronically or by mail, fact sheets and other outreach materials about the proper management and disposal of treated wood waste to generators, transporters, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste, and shall also provide the materials with each shipment of treated wood products to a wholesaler or retailer of treated wood.

(d) The wood preserving industry shall provide an annual update to the department, which shall include, but not be limited to, a list of the names and addresses of the generators, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste that were provided outreach materials in the prior year.

(e) The wood preserving industry shall provide the outreach materials prepared pursuant to subdivision (a) to the Contractors’ State License Board for distribution to contractors, and shall send the outreach materials to fencing, decking, and landscape contractors, by electronic mail or mail, using the Contractors’ State License Board’s available listings and license application packages.

article: 11.2. Management of Treated Wood Waste


text: If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5 or subdivision (b) of Section 25230.11, the treated wood waste, upon acceptance by the solid waste landfill, shall thereafter be deemed to be a solid waste, and not a hazardous waste, for purposes of this chapter and Section 40191 of the Public Resources Code.

history: (History: Added by renumbering Section 25150.8 by Stats. 2021, Ch. 147, Sec. 1. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)

article: 11.2. Management of Treated Wood Waste


text: No later than July 1, 2028, the department shall provide notification to the Legislature in compliance with Section 9795 of the Government Code if the department is prepared, as determined by the director, to ensure the safe management of treated wood waste in accordance with this chapter if this article is repealed.

article: 11.2. Management of Treated Wood Waste


text: If, as of July 1, 2028, the department has provided the notification pursuant to Section 25230.17, this article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. This article shall remain in effect if, as of July 1, 2028, the department has not provided the notification pursuant to Section 25230.17, unless this article is repealed by another statute.

history: (History: Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, by its own provisions. Note: Repeal affects Article 11.2, commencing with Section 25230.)

article: 11.2. Management of Treated Wood Waste


text:
(a) Any city, county, or state agency which, as owner, lessor, or lessee, knows or has probable cause to believe that a disposal of hazardous waste which is not authorized pursuant to this chapter has occurred on, under, or into the land which the city, county, or state agency owns or leases shall notify the department. Upon receiving that notice, the department shall determine if there has been a disposal of hazardous waste which is not authorized pursuant to this chapter.

(b) If the department determines that there has been a disposal of hazardous waste which is not authorized pursuant to this chapter, the department shall do all of the following:

(1) Conduct, or arrange for the conducting of, tests to determine the general chemical and mineral composition of the hazardous waste.

(2) Require the city, county, or state agency which submitted the notice pursuant to subdivision (a) to prepare a hazardous waste management plan specifying those removal or remedial actions, as defined in Sections 78125 and 78135, which are needed to be taken concerning the hazardous waste. The hazardous waste management plan shall provide for the protection of human health and the environment and minimize or eliminate the escape of hazardous waste constituents, leachate, contaminated rainfall, and waste decomposition products into ground and surface waters and into the atmosphere.

(3) Send notice of the department’s findings made pursuant to paragraph (1) to the county in which the land is located, the city, if any, in which the land is located, the owner of the property, and residents living within 2,000 feet of the property line of the land on which the hazardous wastes were disposed. The department shall also post signs in the vicinity of the land which contain this information and are visible to the public. The department may also provide this notice to other persons, or post these signs in any other area, to protect the public health and safety or to provide the maximum opportunity for comment from the potentially affected public.

(4) Conduct public hearings on the proposed hazardous waste management plan during those times and at those places which are convenient to the affected public. These hearings shall be conducted even if the hazardous waste management plan provides that no removal or remedial actions will be taken. The department shall publish notice of these hearings in newspapers of general circulation, as defined in Section 6000 of the Government Code, and shall use all other reasonable means to publicize these hearings.

(5) Take all actions required by Section 78930 concerning any proposed removal or remedial actions.

(6) Take any other actions authorized by this chapter or Part 2 (commencing with Section 78000) of Division 45 to carry out the legislative intent specified in Section 25242.1.

(c) The city, county, or state agency which is required to prepare a hazardous waste management plan pursuant to paragraph (2) of subdivision (b) shall submit the proposed hazardous waste management plan for approval to the department or a California Regional Water Quality Control Board, whichever the department determines is appropriate. A city or state agency shall submit the plan to the county in which the land is located, and a county or state agency shall submit the plan to the city, if any, in which the land is located, for comments and recommendations. The city, county, or state agency shall also consider whether to incorporate any changes in the plan which are recommended by the county, city, and the public.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 65. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 11.5. Hazardous Waste Disposal on Public Land


text:
It is the intention of the Legislature, in enacting this article, to protect the public health and safety and the environment by requiring all of the following:

(a) Prompt steps to remedy the unauthorized disposal of hazardous waste on public land be taken as soon as possible.

(b) Prompt notice be given to the affected public of such an unauthorized disposal of hazardous waste.

(c) Affording the public an opportunity for input into the manner in which the hazardous waste will be cleaned up or rendered safe.

history: (History: Added by renumbering Section 25342.1 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 7. Effective May 20, 1985.)

article: 11.5. Hazardous Waste Disposal on Public Land


text:
Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue all feasible civil and criminal actions against the owner of the land or other party responsible for the disposal of the hazardous waste, who violates this chapter or the regulations adopted pursuant to this chapter.

The owner, lessee, or lessor of any land which is affected by hazardous waste which was disposed on, under, or into the land may recover the costs incurred in complying with this article, in a civil action, from any person who produced the waste or from any other person who was responsible for the disposal of the hazardous waste.

The lessee of any land, who was not responsible for the unauthorized disposal of the hazardous waste upon that land, may also recover the costs incurred in complying with this article from the owner of the land if the person who produced the waste or who was responsible for the disposal of hazardous waste cannot be located or cannot compensate the lessee for these costs.

history: (History: Added by renumbering Section 25342.2 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 8. Effective May 20, 1985.)


text: If any provision of this article or the application thereof to any person or circumstance is held invalid, this holding shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of the article are severable.

history: (History: Added by renumbering Section 24342.3 (as added by Stats. 1984, Ch. 1546) by Stats. 1985, Ch. 44, Sec. 1. Effective May 20, 1985.)


text: This article shall be known and may be cited as the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985.

history: (History: Added by Stats. 1985, Ch. 1030, Sec. 2.)

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 11.8. Hazardous Waste Reduction, Recycling, and Treatment


text:
(a) Except as provided in subdivision (b), the department’s duty to implement this article is contingent upon, and limited to, the availability of funding.

(b) Subdivision (a) does not apply to Section 25244.4.

history: (History: Added by Stats. 2012, Ch. 39, Sec. 40. (SB 1018) Effective June 27, 2012.)

article: 11.8. Hazardous Waste Reduction, Recycling, and Treatment


text:
(a) The Legislature hereby finds and declares that, whenever possible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recycled, treated, or disposed of in a manner that minimizes any present or future threats to human health or the environment.

(b) The Legislature further finds that there exists many promising, but as yet unproven, technologies for the reduced generation of hazardous waste and for recycling and treating hazardous waste.

(c) The Legislature further finds that financial commitment by public agencies and private industry for the expeditious development and dispersion of hazardous waste reduction, recycling, and treatment technologies depends upon further research as well as credible and timely demonstrations of the feasibility, environmental acceptability, and reliability of this technology.

(d) It is the intent of the Legislature, in enacting this article, to promote the research, development, and expeditious demonstration of technologies which have the potential to reduce, recycle, and treat hazardous waste. It is further the intent of the Legislature to encourage private sector participation in this program to the greatest extent possible.


text: For purposes of this article, “hazardous waste reduction, recycling, and treatment technologies” mean technologies and techniques which have, as their primary purpose, the reduced generation of hazardous waste, the recycling of hazardous waste, or the conversion of hazardous waste into a less hazardous form. “Hazardous waste reduction, recycling, and treatment technologies” do not include solidification or treatment occurring directly in, or on, the land, such as techniques using evaporation, surface impoundments, or land farming.


text: Every generator of hazardous waste shall submit a report to the department, at least once every two years, reporting the changes in volume and toxicity of waste achieved through waste reduction during the period for which the report is issued.


text:
(a) The department shall establish a Hazardous Waste Technology, Research, Development, and Demonstration Program, which shall consist of all of the following elements:

(1) Contracting with, and providing grants to, universities, governmental agencies, and private organizations for the research and development of hazardous waste reduction, recycling, or treatment technologies pursuant to Section 25244.10.

(2) Providing grants, under specified conditions, to cities, counties, and private organizations for the commercial demonstration of hazardous waste reduction, recycling, or treatment technologies pursuant to Section 25244.6.

(3) Providing grants to local governments for the development of local hazardous waste reduction programs which provide technical assistance, including hazardous waste audits, to generators pursuant to Section 25244.1101.

(b) (1) For purposes of this subdivision, “commercially successful technology” means a hazardous waste reduction, recycling, or treatment technology which is proven to be profitable, as determined by the department.

(2) The department shall require any university, governmental agency, or private organization which receives a grant pursuant to paragraph (1) or (2) of subdivision (a) to agree to repay the department for the amount of the grant, if the grant results in the development of a commercially successful technology, and to additionally pay the department a percentage of any royalties derived from that technology, as negotiated between the department and the grant recipient.

(3) The department shall deposit any repayments or royalties received by the department pursuant to this subdivision in the Hazardous Waste Control Account, and those funds may be expended by the department, upon appropriation by the Legislature, to carry out this article.

history: (History: Amended by Stats. 1993, Ch. 412, Sec. 4. Effective January 1, 1994.)


text:
The department, in consultation with the State Water Resources Control Board, the State Air Resources Board, and the California Waste Management Board, shall do all of the following:

(a) Implement a program to research, develop, and demonstrate hazardous waste reduction, recycling, and treatment technologies at appropriate locations throughout the state.

(b) On or before January 1, 1987, and, in consultation with industry and interested parties, adopt criteria for selecting projects which would receive grants to pay for the construction of equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. The criteria shall include provisions which require that, in assessing each project, the department consider the feasibility of the project’s particular technology, the research and technical spinoffs likely to be generated by the project, the degree to which the findings of the projects can be disseminated and evaluated for replication elsewhere, and the consistency of, and contributions of, the project to the state’s hazardous waste management program.

(c) Using the criteria adopted pursuant to subdivision (b), select projects to receive grants to construct equipment which would be used to demonstrate hazardous waste reduction, recycling, or treatment technologies. A grant issued by the department pursuant to this section is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code, or Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. The department shall select projects which also meet at least one of the following requirements:

(1) The project has onsite, as well as offsite potential, for the reduction, recycling, or treatment of hazardous waste.

(2) The project has the potential to benefit, or be utilized by, small businesses.

(3) The project is applicable to a range of industries.

history: (History: Amended by Stats. 1987, Ch. 914, Sec. 3.)


text: Consistent with Article VII of the California Constitution, the department may contract for services to be performed to carry out this article, including, but not limited to, environmental control assessment, feasibility analysis, the review of project design, field management responsibilities, and project scheduling and control.


text:
Grant funding for equipment construction needed for demonstration of hazardous waste reduction, recycling, and treatment technologies shall be provided to projects selected pursuant to Section 25244.6 in four consecutive steps:

(a) Step I grants shall be made to study the feasibility of a proposed project. Ninety percent of the costs of the feasibility study shall be eligible for grant funding up to a maximum of twenty-five thousand dollars ($25,000) per grant. In activities funded by a step I grant, the applicant shall develop information needed to select the waste reduction, recycling, or treatment alternative, which would be most cost-effective.

(b) Step II grants shall be made for project design. Seventy percent of the costs of the design of the project shall be eligible for grant funding, except that a small business may be eligible for 90 percent of those costs, up to a maximum of fifty thousand dollars ($50,000) per grant. In activities funded by a step II grant, the applicant shall prepare detailed plans and specifications for the selected facilities, establish schedules for implementation, and obtain necessary permits.

(c) Step III grants shall be made for the construction of the facilities. Fifty percent of the costs of constructing the project shall be eligible for grant funding, except that a small business may be eligible for 80 percent of those costs, up to a maximum of four hundred thousand dollars ($400,000) per grant. As a condition of receiving a step III grant, the grantee shall allow the results of the project to be evaluated and the information disseminated to other parties. In activities funded by a step III grant, the applicant shall construct the facilities as designed under a step II grant, procure needed equipment, and obtain necessary permits to operate the facility.

(d) Step IV grants shall be made to evaluate the effectiveness of grant-funded facilities, develop information on compliance with regulatory permits, and assess applicability of the selected approach to other generators of similar hazardous wastes. Ninety percent of the costs of those activities shall be eligible for grant funding, except that a small business may be eligible for 100 percent of those costs, up to a maximum of one hundred thousand dollars ($100,000) per grant.


text: The department shall compile the results of all evaluations of projects funded by step IV grants, as specified in subdivision (d) of Section 25244.8, or the evaluations of any other project which are available to the department, and shall make them available to interested parties as expeditiously as possible. The department shall notify any interested party of the availability of project evaluations.


text: The department may issue grants to, and enter into contracts with, universities, governmental agencies, and private organizations to research and develop hazardous waste reduction, recycling, or treatment technology. These grants may be applied to personnel, equipment, and administrative costs and shall, to the extent possible, be used to augment other sources of research and development funding, including federal and private funds. Any grant issued by the department pursuant to this section is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of the Public Contract Code, including, but not limited to, Section 10295 of the Public Contract Code, but a contract entered into pursuant to this section is subject to all applicable state laws governing contracts.

history: (History: Amended by Stats. 1987, Ch. 914, Sec. 4.)


text: This article shall be known and may be cited as the Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 42. (SB 1018) Effective June 27, 2012.)

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act


text:
The Legislature finds and declares as follows:

(a) Existing law requires the department and the State Water Resources Control Board to promote the reduction of generated hazardous waste. This policy, in combination with hazardous waste land disposal bans, requires the rapid development of new programs and incentives for achieving the goal of optimal minimization of the generation of hazardous wastes. Substantial improvements and additions to the state’s hazardous waste reduction program are required to be made if these goals are to be achieved.

(b) Hazardous waste source reduction provides substantial benefits to the state’s economy by maximizing use of materials, avoiding generation of waste materials, improving business efficiency, enhancing revenues of companies that provide products and services in the state, increasing the economic competitiveness of businesses located in the state, and protecting the state’s precious and valuable natural resources.

(c) It is the intent of the Legislature to expand the state’s pollution prevention activities beyond those directly associated with source reduction evaluation reviews and plans. The expanded program, which is intended to accelerate pollution prevention, shall include programs to promote implementation of pollution prevention measures using education, outreach, and other effective voluntary techniques demonstrated in California or other states.

(d) It is the intent of the Legislature for the department to maximize the use of its available resources in implementing the pollution prevention program through cooperation with other entities, including, but not limited to, CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs. To the extent feasible, the department shall utilize cooperative programs with entities that routinely contact small business to expand its support of small business pollution prevention activities.

(e) It is the goal of this article to do all of the following:

(1) Reduce the generation of hazardous waste.

(2) Reduce the release into the environment of chemical contaminants that have adverse and serious health or environmental effects.

(3) Document hazardous waste management information and make that information available to state and local government.

(f) It is the intent of this article to promote the reduction of hazardous waste at its source, and wherever source reduction is not feasible or practicable, to encourage recycling. Where it is not feasible to reduce or recycle hazardous waste, the waste should be treated in an environmentally safe manner to minimize the present and future threat to health and the environment.

(g) It is the intent of the Legislature not to preclude the regulation of environmentally harmful releases to all media, including air, land, surface water, and groundwater, and to encourage and promote the reduction of these releases to air, land, surface water, and groundwater.

(h) It is the intent of the Legislature to encourage all state departments and agencies, especially the State Water Resources Control Board, the California regional water quality control boards, the State Air Resources Board, the air pollution control districts, and the air quality management districts, to promote the reduction of environmentally harmful releases to all media.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 43. (SB 1018) Effective June 27, 2012.)

article: 11.9. Pollution Prevention and Hazardous Waste Source Reduction and Management Review Act


text:
(a) The department’s duties to implement this article are contingent upon, and limited to, the availability of funding.

(b) Subdivision (a) does not eliminate a requirement of this article that is imposed upon a generator.

history: (History: Added by Stats. 2012, Ch. 39, Sec. 44. (SB 1018) Effective June 27, 2012.)


text:
For purposes of this article, the following definitions apply:

(a) “Advisory committee” means the California Pollution Prevention Advisory Committee established pursuant to Section 25244.15.1.

(b) “Appropriate local agency” means a county, city, or regional association that has adopted a hazardous waste management plan pursuant to Article 3.5 (commencing with Section 25135).

(c) “Business” has the same meaning as defined in Section 25501.

(d) “Hazardous waste management approaches” means approaches, methods, and techniques of managing the generation and handling of hazardous waste, including source reduction, recycling, and the treatment of hazardous waste.

(e) “Hazardous waste management performance report” or “report” means the report required by subdivision (b) of Section 25244.20 to document and evaluate the results of hazardous waste management practices.

(f) “NAICS Code” means the identification number assigned to specific types of businesses by the North American Industry Classification System (NAICS) adopted by the United States Census Bureau.

(g) “Pollution prevention” means the reduction of chemical sources that have adverse impacts on public health and the environment, including, but not limited to, source reduction.

(h) “SIC Code” means the identification number assigned to specific types of businesses by the Standard Industrial Classification (SIC) system established by the United States Department of Commerce.

(i) (1) “Source reduction” means one of the following:

(A) An action that causes a net reduction in the generation of hazardous waste.

(B) An action taken before the hazardous waste is generated that results in a lessening of the properties that cause it to be classified as a hazardous waste.

(2) “Source reduction” includes, but is not limited to, all of the following:

(A) “Input change,” which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of hazardous waste.

(B) “Operational improvement,” which means improved site management so as to reduce, avoid, or eliminate the generation of hazardous waste.

(C) “Production process change,” which means a change in a process, method, or technique that is used to produce a product or a desired result, including the return of materials or their components, for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of hazardous waste.

(D) “Product reformulation,” which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of hazardous waste.

(3) “Source reduction” does not include any of the following:

(A) Actions taken after a hazardous waste is generated.

(B) Actions that merely concentrate the constituents of a hazardous waste to reduce its volume or that dilute the hazardous waste to reduce its hazardous characteristics.

(C) Actions that merely shift hazardous wastes from one environmental medium to another environmental medium.

(D) Treatment.

(j) “Source reduction evaluation review and plan” or “review and plan” means a review conducted by the generator of the processes, operations, and procedures in use at a generator’s site, in accordance with the format established by the department pursuant to subdivision (a) of Section 25244.16, and that does both of the following:

(1) Determines any alternatives to, or modifications of, the generator’s processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated.

(2) Includes a plan to document and implement source reduction measures for the hazardous wastes specified in paragraph (1) that are technically feasible and economically practicable for the generator, including a reasonable implementation schedule.

(k) “Hazardous waste,” “person,” “recycle,” and “treatment” have the same meanings as defined in Article 2 (commencing with Section 25110).

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 45. (SB 1018) Effective June 27, 2012.)


text:
(a) This article establishes a program for pollution prevention, including, but not limited to, hazardous waste source reduction.

(b) The department shall coordinate the activities of all state agencies with responsibilities and duties relating to hazardous waste and shall promote coordinated efforts to encourage the reduction of hazardous waste. Coordination between the program and other relevant state agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.

(c) The department shall adopt regulations to carry out the requirements imposed upon generators pursuant to this article.

(d) (1) Except as provided in paragraph (3), Sections 25244.19, 25244.20, and 25244.21 apply only to generators who, by site, routinely generate, through ongoing processes and operations, more than 12,000 kilograms of hazardous waste in a calendar year, or more than 12 kilograms of extremely hazardous waste in a calendar year.

(2) The department shall adopt regulations to establish procedures for exempting generators from the requirements of this article where the department determines that no source reduction opportunities exist for the generator.

(3) Notwithstanding paragraph (1), Sections 25244.19, 25244.20, and 25244.21 do not apply to any generator whose hazardous waste generating activity consists solely of receiving offsite hazardous wastes and generating residuals from the processing of those hazardous wastes.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 46. (SB 1018) Effective June 27, 2012.)


text:
(a) The California Pollution Prevention Advisory Committee is hereby created and consists of the following members:

(1) The Executive Director of the State Air Resources Board, as an ex officio member.

(2) The Executive Director of the State Water Resources Control Board, as an ex officio member.

(3) The Director of Toxic Substances Control, as an ex officio member.

(4) The Director of Resources Recycling and Recovery, as an ex officio member.

(5) The Chairperson of the California Environmental Policy Council established pursuant to Section 71017 of the Public Resources Code, as an ex officio member.

(6) The Director of Pesticide Regulation, as an ex officio member.

(7) Ten public members with experience in pollution prevention as appointed by the department. These public members shall include all of the following:

(A) Two representatives of local governments from different regions of the state.

(B) One representative of a publicly owned treatment works.

(C) Two representatives of industry.

(D) One representative of small business.

(E) One representative of organized labor.

(F) Two representatives of statewide environmental advocacy organizations.

(G) One representative of a statewide public health advocacy organization.

(8) The department may appoint up to two additional public members with experience in pollution prevention and detailed knowledge of one of the priority categories of businesses selected in accordance with Section 25244.17.1.

(b) The advisory committee shall select one member to serve as chairperson.

(c) The members of the advisory committee shall serve without compensation, but each member, other than officials of the state, upon request, shall be reimbursed for all reasonable expenses incurred in the performance of his or her duties, as authorized by the department.

(d) When convened by the department, the advisory committee shall provide a public forum for discussion and deliberation on matters pertaining to the implementation of this chapter.

(e) The advisory committee’s responsibilities shall include, but not be limited to, the following:

(1) Reviewing and providing consultation and guidance in the preparation of the work plan authorized by Section 25244.22.

(2) Evaluating the performance and progress of the department’s pollution prevention program.

(3) Making recommendations to the department concerning program activities and funding priorities, and legislative changes, if needed.

(4) Making recommendations to the department concerning strategies to more effectively align its pollution prevention program with the goals of the department’s green chemistry program, including the implementation of Article 14 (commencing with Section 25251).

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 47. (SB 1018) Effective June 27, 2012.)


text:
The department shall do both of the following:

(a) Adopt a format to be used by generators for completing the review and plan required by Section 25244.19, and the report required by Section 25244.20. The format shall include at least all of the factors the generator is required to include in the review and plan and the report. The department may include any other factor determined by the department to be necessary to carry out this article. The adoption of a format pursuant to this subdivision is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Establish a data and information system to be used by the department for processing and evaluating the source reduction and other hazardous waste management information submitted by generators pursuant to Section 25244.18. In establishing the data and information system, the department shall do all of the following:

(1) Establish methods and procedures for appropriately processing or managing hazardous waste source reduction and management information.

(2) Use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable.

(3) Establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to Section 25244.23.

(4) Identify additional data and information needs of the program.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 48. (SB 1018) Effective June 27, 2012.)


text:
The department may establish a technical and research assistance program to assist businesses in identifying and applying methods of pollution prevention. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources for obtaining information, assessing pollution prevention methods, and developing and applying pollution prevention techniques. The program be carried out by the department pursuant to this section may include, but is not limited to, each of the following:

(a) Programs by private or public consultants, including onsite consultation at sites or locations where hazardous waste is generated, to aid those generators requiring assistance in developing and implementing the review and plan, the plan summary, the report, and the report summary required by this article.

(b) Seminars, workshops, training programs, and other similar activities to assist businesses to evaluate pollution prevention alternatives and to identify opportunities for pollution prevention.

(c) Assembling, cataloging, and disseminating information about pollution prevention methods, available consultant services, and regulatory requirements.

(d) The identification of a range of generic and specified technical pollution prevention solutions that can be applied by particular types of businesses.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 49. (SB 1018) Effective June 27, 2012.)


text:
The department may establish a technical assistance and outreach program to promote implementation of model pollution prevention measures in priority business categories.

(a) In the work plan described in Section 25244.22, the department may, in consultation with the advisory committee, identify priority categories of businesses by SIC or NAICS Code. At least one selected category of businesses shall be a category that consists primarily of small businesses. At least one selected category of businesses shall be a category that consists primarily of businesses affected by an action taken by the department pursuant to Article 14 (commencing with Section 25251).

(b) For each selected priority business category, the department may implement a cooperative pollution prevention technical assistance and outreach program that includes the following elements:

(1) Effective pollution prevention measures for each business category.

(2) The most effective technical assistance and outreach methods to promote implementation of the pollution prevention measures identified in paragraph (1).

(3) Appropriate measures for evaluating the effectiveness of the technical assistance and outreach measures, including quantitative measures when feasible.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 50. (SB 1018) Effective June 27, 2012.)


text:
(a) (1) The department may provide pollution prevention training and resources to CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs so that they can provide technical assistance to businesses in identifying and applying methods of pollution prevention.

(2) The activities conducted pursuant to paragraph (1) shall emphasize activities necessary to implement Sections 25244.17 and 25244.17.1.

(b) As part of implementing the program authorized by this section, the department may develop a California Green Business Program that provides support and assistance to programs operated by local governments to meet the requirement of subdivision (c) and that would voluntarily certify small businesses that adopt environmentally preferable business practices, including, but not limited to, increased energy efficiency, reduced greenhouse gas emissions, promotion of water conservation, and reduced waste generation. The department’s California Green Business Program may do any or all of the following:

(1) Assist the network of statewide local government programs in implementing guidelines and structures that establish and promote a level of consistency among green business programs across the state.

(2) Support, through staffing and contracts, the development and maintenance of a statewide database to register small businesses granted green business certification, or its equivalent, pursuant to a local government program, and track measurable pollution reductions and cost savings.

(3) Solicit participation of additional local programs and facilitate the startup of new local programs.

(4) Develop technical guidance on pollution prevention measures, conduct industry studies and pilot projects, and provide policy coordination for the participating local programs.

(5) Collaborate with relevant state agencies that operate small business efficiency and economic development programs, including, but not limited to, the Department of Resources Recycling and Recovery, the Public Utilities Commission, the State Energy Resources Conservation and Development Commission, the State Air Resources Board, and the Department of Water Resources.

(c) The department may provide support and assistance to a local government program to enable the program to meet all of the following requirements:

(1) The program will be operated by a local government or its designee.

(2) The program will adopt industry-specific standards for green business certification, or its equivalent, in consultation with the other participants in the California Green Business Program.

(3) The program will grant a small business that voluntarily applies to the program a green business certification or its equivalent, only upon a determination by the program operator or designee that the business is a small business, as determined by the program, and complies with the industry-specific standards for green business certification adopted pursuant to paragraph (2).

(4) The program will grant a green business certification, or its equivalent, to small businesses, as determined by the program, in accordance with all of the following requirements:

(A) Before the program grants green business certification or its equivalent, the program conducts an evaluation to verify compliance with the appropriate green business certification standards adopted pursuant to paragraph (2).

(B) A green business certification or its equivalent is granted only to an individual location of a small business.

(C) A green business certification or its equivalent is granted to an individual small business only for a limited time period, and, after the elapse of that time period, the small business is required to reapply for that certification.

(D) Compliance with applicable federal, state, and local environmental laws and regulations is required as a condition of receiving a green business certification or its equivalent.

(d) The department may determine, in consultation with the advisory committee, the most effective methods to promote implementation of pollution prevention education programs by CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs. Program elements may include, but are not limited to, all of the following:

(1) Sponsoring workshops, conferences, technology fairs, and other training events.

(2) Sponsoring regional training groups, such as the regional hazardous waste reduction committees.

(3) Developing and distributing educational materials, such as short descriptions of successful pollution prevention projects and materials explaining how pollution prevention has been used by businesses to achieve compliance with environmental laws enforced by local governments.

(4) Developing site review checklists, training manuals, and technical resource manuals and using those resources to train CUPAs, small business development corporations, business environmental assistance centers, and other regional and local government environmental programs.

(5) Preparing and distributing resource lists such as lists of vendors, consultants, or providers of financial assistance for pollution prevention projects.

(6) Serving as an information clearinghouse to support telephone and onsite consultants with local governments.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 51. (SB 1018) Effective June 27, 2012.)


text:
(a) The department or the unified program agency may request from any generator, and the generator shall provide within 30 days from the date of the request, a copy of the generator’s review and plan or report conducted and completed pursuant to Section 25244.19 or 25244.20. The department or the unified program agency may evaluate any of those documents submitted to the department or the unified program agency to determine whether it satisfies the requirements of this article.

(b) (1) If the department or the unified program agency determines that a generator has not completed the review and plan in the manner required by Section 25244.19, or the report in the manner required by Section 25244.20, the department or the unified program agency shall provide the generator with a notice of noncompliance, specifying the deficiencies in the review and plan or report identified by the department. If the department or the unified program agency finds that the review and plan does not comply with Section 25244.19, the department or the unified program agency shall consider the review and plan to be incomplete. A generator shall file a revised review and plan or report correcting the deficiencies identified by the department or the unified program agency within 60 days from the date of the receipt of the notice. The department or the unified program agency may grant, in response to a written request from the generator, an extension of the 60-day deadline, for cause, except that the department or the unified program agency shall not grant that extension for more than an additional 60 days.

(2) If a generator fails to submit a revised review and plan or report complying with the requirements of this article within the required period, or if the department or unified program agency determines that a generator has failed to implement the measures included in the generator’s review and plan for reducing the generator’s hazardous waste, in accordance with Section 25244.19, the department or the unified program agency may impose civil penalties pursuant to Section 25187, in an amount not to exceed one thousand dollars ($1,000) for each day the violation of this article continues, notwithstanding Section 25189.2, seek an order directing compliance pursuant to Section 25181, or enter into a consent agreement or a compliance schedule with the generator.

(c) If a generator fails to implement a measure specified in the review and plan pursuant to paragraph (5) of subdivision (b) of Section 25244.19, the generator shall not be deemed to be in violation of Section 25244.19 for not implementing the selected measure if the generator does both of the following:

(1) The generator finds that, upon further analysis or as a result of unexpected consequences, the selected measure is not technically feasible or economically practicable, or if the selected approach has resulted in any of the following:

(A) An increase in the generation of hazardous waste.

(B) An increase in the release of hazardous chemical contaminants to other media.

(C) Adverse impacts on product quality.

(D) A significant increase in the risk of an adverse impact to human health or the environment.

(2) The generator revises the review and plan to comply with the requirements of Section 25244.19.

(d) When taking enforcement action pursuant to this article, the department or the unified program agency shall not judge the appropriateness of any decisions or proposed measures contained in a review and plan or report, but shall only determine whether the review and plan or report is complete, prepared, and implemented in accordance with this article.

(e) In addition to the unified program agency, an appropriate local agency that has jurisdiction over a generator’s site may request from the generator, and the generator shall provide within 30 days from the date of that request, a copy of the generator’s current review and plan and report.

(f) In carrying out this article, the department shall not disseminate information determined to be a trade secret pursuant to Section 25244.23.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 52. (SB 1018) Effective June 27, 2012.)