BILL NUMBER: SB 352 CHAPTERED
BILL TEXT
CHAPTER 424
FILED WITH SECRETARY OF STATE AUGUST 11, 1995
APPROVED BY GOVERNOR AUGUST 10, 1995
PASSED THE SENATE JULY 30, 1995
PASSED THE ASSEMBLY JULY 17, 1995
AMENDED IN ASSEMBLY JUNE 27, 1995
AMENDED IN SENATE MARCH 20, 1995
INTRODUCED BY Senator Wright
FEBRUARY 10, 1995
An act to add Section 25201.1 to the Health and Safety Code, and
to add Article 3 (commencing with Section 41515) to Chapter 3.5 of
Part 2 of Division 30 of the Public Resources Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 352, Wright. Household hazardous waste: hazardous waste
facilities permits: aerosol cans.
(1) Existing law regulates hazardous waste, and requires a solid
waste facility that accepts hazardous waste to obtain a hazardous
waste facilities permit from the Department of Toxic Substances
Control.
This bill would exempt from the requirement to obtain a hazardous
waste facilities permit a solid waste facility or a recycling
facility that accepts and processes empty aerosol cans and de minimus
quantities of nonempty aerosol cans collected as an incidental part
of the collection of empty cans for recycling for purposes of
conducting that activity, if (a) the nonempty aerosol cans are from
products that are normally intended for household use and were
generated by households and (b) specified educational information
regarding the collection and recycling or disposal of aerosol cans is
disseminated in the area where the facility is located, as
specified, subject to determination by the California Integrated
Waste Management Board or the local enforcement agency.
(2) Existing law, the California Integrated Waste Management Act
of 1989, requires countywide or regional agency integrated waste
management plans to contain a household hazardous waste element.
This bill would require a city, county, or regional agency, if it
conducts an aerosol can recycling program, to incorporate a
requirement to educate the public on the safe collection and
recycling or disposal of aerosol cans into its household hazardous
waste element when it is revised, thereby imposing a state-mandated
local program by imposing new duties upon local agencies.
(3) The bill would state the intent of the Legislature that
facilities which process aerosol cans for recycling comply with
applicable laws.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that solid waste
facilities and recycling facilities that process empty aerosol cans
and nonempty aerosol cans for the purposes of recycling comply with
all applicable federal, state, and local laws, including, but not
limited to, employee safety, emergency action, fire prevention,
hazardous waste management, and spill response laws and regulations.
SEC. 2. Section 25201.1 is added to the Health and Safety Code, to
read:
25201.1. A solid waste facility, as defined in Section 40194 of
the Public Resources Code, or any recycling facility, that accepts
and processes empty aerosol cans and de minimus quantities of
nonempty aerosol cans collected as an incidental part of the
collection of empty cans for recycling, is exempt from the
requirement to obtain a hazardous waste facilities permit or other
authorization from the department for purposes of conducting that
activity if both of the following conditions are met:
(a) The nonempty aerosol cans are from products that are normally
intended for household use and were generated by households.
(b) The city, county, or regional agency in the area which the
facility serves provides educational information to the public on the
safe collection and recycling or disposal of empty and nonempty
aerosol cans that encourages, to the maximum extent feasible, the
separation and recycling of empty aerosol cans, through such programs
as curbside, dropoff, and buy-back recycling programs, and the
diversion of nonempty aerosol cans into household hazardous waste
collection programs. Issues of compliance with this subdivision
shall be determined by the California Integrated Waste Management
Board or by the appropriate local enforcement agency.
(c) This section is not intended to alter the obligation to manage
as a hazardous waste any nonempty aerosol cans which meet the
requirements of Section 25117, and which are not subject to the
exemption provided in this section.
(d) Nothing in this section exempts a solid waste facility that
engages in an activity that requires a hazardous waste facility
permit, other than the acceptance and processing of empty aerosol
cans and de minimus quantities of nonempty aerosol cans as an
incidental part of the collection of empty cans for recycling, from
the requirement of obtaining a hazardous waste facilities permit.
SEC. 3. Article 3 (commencing with Section 41515) is added to
Chapter 3.5 of Part 2 of Division 30 of the Public Resources Code, to
read:
Article 3. Educational Information
41515. If a city, county, or regional agency conducts an aerosol
can recycling program, a requirement to educate the public on the
safe collection and recycling or disposal of aerosol cans shall be
incorporated into the household hazardous waste element prepared by
the city, county, or regional agency when that element is revised.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.