SB 456
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UNFINISHED BUSINESS
Bill No:
Author:
Amended:
Vote:
SB 456
Huff (R)
8/26/11
21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/4/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Lowenthal, Pavley
NO VOTE RECORDED: Kehoe
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 40-0, 5/9/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson, Evans, Fuller,
Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La Malfa, Leno,
Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
ASSEMBLY FLOOR: 78-0, 8/31/11 (Consent) - See last page for vote
SUBJECT:
Household hazardous waste: transportation
SOURCE:
Waste management
DIGEST: This allows household hazardous waste (HHW) gathered by a
door-to-door HHW collection program to be transported using a
consolidated manifest and to be taken to a HHW collection facility or a
hazardous waste facility. The bill’s provisions sunset on January 1, 2020.
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Assembly Amendments provide clarifying language to the bill as it left the
Senate.
ANALYSIS: Existing law, part of the hazardous waste control laws,
authorizes a door-to-door HHW collection program or HHW pickup service,
as defined, to transport hazardous waste from individual residences to an
authorized HHW collection facility. Existing law requires any person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal, or any
combination thereof, to complete a manifest and exempts a door-to-door
HHW collection program or pickup service from having to complete a
manifest if it is transporting HHW collected from individual residences for
transportation to an authorized collection facility. A violation of the
hazardous waste control laws is a crime.
This bill allows a registered hazardous waste transporter operating a door-todoor HHW collection program or HHW residential pickup service to instead
use a specified manifesting procedure for transporting HHW and with other,
if the transporter complies with certain operating and reporting
requirements. The bill requires a public agency to retain a copy of the
manifest in a specified manner, thereby imposing a state-mandated local
program by imposing new duties upon local agencies. The bill makes these
requirements inoperative on January 1, 2020.
The bill revises the definition of a HHW collection facility and a door-todoor HHW collection program, for purposes of the provisions regulating the
HHW program, and specifies the conditions under which such a program is
deemed to be a HHW collection facility.
Existing law requires the Secretary for Environmental Protection to
implement a unified hazardous waste and hazardous materials management
regulatory program. A city or local agency that meets specified
requirements is authorized to apply to the secretary to implement the unified
program, and every county is required to apply to the secretary to be
certified to implement the unified program.
This bill additionally includes, until December 31, 2019, in the unified
program, an exempt transfer facility operated by a door-to-door HHW
collection program.
Background
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According to the author’s office, this bill addresses a requirement in existing
law that is burdensome and unwieldy and adds cost to door-to-door HHW
collection programs. Existing law only allows this waste, once collected
from a homeowner, to be transported to a permanent HHW collection
facility. The Department of Toxic Substances Control (DTSC) has allowed
on a case-by-case basis, this HHW to be sent to another permitted facility
instead of a permanent HHW facility. This bill codifies that practice.
The mandate to take HHW collected through a door-to-door program back to
a permanent HHW facility is workable when a local jurisdiction operates
both programs. However, some local jurisdictions are electing to contract
with private entities to provide HHW services to its residents, including
door-to-door HHW service. Not all of these jurisdictions have a permanent
HHW facility, thus they have had to work with their contractors and DTSC
on a case-by-case basis to allow this activity to take place. This bill still
allows the waste to be taken to a permanent HHW facility, but in addition,
authorizes the waste to be transported to other types of permitted hazardous
waste facilities. These additional facilities offer the same, or in some cases,
more stringent, management requirement. Also, HHW must be manifested.
This bill adapts the manifest system to require proper tracking of the HHW
through the system.
Background on HHW Management and Collection. HHW is hazardous
waste commonly generated by householders and includes such ubiquitous
items as batteries, pesticides, electronics, fluorescent lamps, used oil,
solvents, and cleaners. If these products are handled or disposed of
incorrectly, they can pose a threat to the health and safety and the
environment. When these products are discarded, they become “household
hazardous waste.” In California, it is illegal to dispose of HHW in the trash,
down the drain, or by abandonment. HHW needs to be disposed of through
a HHW program. There are many different approaches to the collection and
management of HHW, all are permitted by DTSC and most are operated by
local jurisdictions. Some private operators operate programs under contract
with local jurisdictions, including curbside and door-to-door collection.
Permanent Household Hazardous Waste Collection Facilities (PHHWCFs).
PHHWCFs are HHW collection facilities operated by a public agency on a
continuous, regular schedule and housed in a permanent or semi-permanent
structure at a fixed location. The HHW collected at the PHHWCF can only
be stored at the facility for one year. Wastes are routinely taken for
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recycling or disposal, and no wastes are allowed to remain at the facility for
more than one year after the date of collection. These facilities are
authorized under Permit by Rule (PBR) by the local jurisdiction, according
to regulatory standards adopted by DTSC.
Temporary Household Hazardous Waste Collection Facilities. Temporary
HHW collection facilities are operated by public agencies not more than
once in any one month at the same location. The collection events cannot
exceed two days and at the end of the event, all equipment, materials, and
waste must be removed from the site within 144 hours (six days). These
facilities are also authorized under PBR by the local certified unified
program agency (CUPA), according to regulatory standards adopted by
DTSC. In non-CUPA counties, the facilities are authorized by DTSC.
Curbside Collection. Curbside HHW collection programs may be operated
by public agencies to collect one or more of the following types of HHW:
used oil and filters, latex paint, batteries, electronic wastes, and cell phones.
Curbside collection programs require authorization and are operated
according to the requirements established in the HHW law.
Door-to-Door/Residential Collections. Residential (door-to-door) HHW
collection programs are a subset of the HHW program and are operated by
public agencies to collect household hazardous wastes directly from
individual residences. Business waste, even that generated by a home-based
business, may not be collected by a door-to-door program. The collected
wastes are then transported to an authorized HHW collection facility. Please
note, wastes to be collected by a door-to-door program must be kept in a
secure environment by the resident and may not be left where there may be
access by the public, such as the sidewalk or curbside.
Mobile Household Hazardous Waste Collection Facilities. Mobile HHW
collection facilities are housed in portable structures that are operated for no
more than three weeks in a row during any two-month period for not more
than four times a year in the same location. At the end of operations at each
site, all equipment and wastes must be removed from the site within 144
hours. Since regulations authorizing mobile HHW facilities have not yet
been promulgated, authorization for mobile HHW facilities is currently
provided under a hazardous waste variance issued by DTSC. In general, in
order to receive a variance to operate a mobile HHW collection facility the
local agency will be required to operate under the same standards as the
temporary facility
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Variances. Any requests to operate HHW collection activities in a manner
that differs from requirements currently established in HHW law or
regulations must be submitted to DTSC for consideration for authorization
under a hazardous waste variance. Health and Safety Code Section 25143
allows DTSC to issue variances at its discretion. Since the Legislature
already has established the minimum requirements for management of
household hazardous waste, variances will be considered for unusual or
extreme circumstances of limited duration only.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/29/11)
City of Diamond Bar
City of Mission Viejo
Waste Management
ASSEMBLY FLOOR: 78-0, 8/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill,
Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler,
Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook,
Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes,
Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Gorell, Mendoza
DLW:do 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION:
SEE ABOVE
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