Bill Text: CA AB1190 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazardous waste: transportation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 793, Statutes of 2014. [AB1190 Detail]

Download: California-2013-AB1190-Introduced.html

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BILL NUMBER: AB 1190	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 22, 2013

   An act to add Section 25163.4 to the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1190, as introduced, Bloom. Hazardous waste: transportation.
   (1) 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 be subject to transporter registration
requirements. Existing law exempts from these requirements a person
who is transporting certain types of hazardous waste and who meets
other conditions under a consolidated manifest procedure. A violation
of the hazardous waste control laws is a crime.
   This bill would exempt from the hazardous waste manifesting
requirements a public utility, local publicly owned utility, or
municipal utility district with regard to certain hazardous waste
that is collected and transported as specified, subject to notice
requirements. Because a violation of these requirements would be a
crime, the bill would impose a state-mandated local program by
creating new crimes.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25163.4 is added to the Health and Safety Code,
to read:
   25163.4.  (a) In addition to the consolidation site procedures
authorized by Section 25163.3, a public utility, local publicly owned
utility, or municipal utility district is exempt from the
requirements of Sections 25160 with regard to hazardous waste that
meets all of the following conditions:
   (1) The hazardous waste is collected in the amounts and types
specified in subdivision (b) at a remote site.
   (2) The hazardous waste is transported pursuant to subdivision (c)
to a consolidation site operated by the public utility, local
publicly owned utility, or municipal utility district.
   (3) A notification with regard to that hazardous waste is
submitted pursuant to subdivision (d).
   (b) The following amounts of hazardous waste may be transported
pursuant to this section in a single shipment in a vehicle that meets
all applicable vehicle safety requirements:
   (1) Between 1,600 and 5,000 gallons of hazardous wastewater from
the dewatering of one or more utility vaults, or between 500 and
5,000 gallons of any other liquid hazardous waste.
   (2) Between 2,500 and 10,000 pounds of the following hazardous
wastes:
   (A) Asbestos-contaminated waste.
   (B) Oil-contaminated waste.
   (C) Soil and water contaminated with gasoline or diesel fuel.
   (D) Solvents used for cleaning electrical and mechanical
equipment, including hydrocarbon and chlorinated solvents.
   (E) Soil and rags contaminated with hydrocarbon or chlorinated
solvents.
   (F) Corrosive liquids, including sulfuric acid, sodium hydroxide,
and other corrosive liquids.
   (G) Sandblast grit contaminated with metals.
   (H) Soil contaminated with metals.
   (c) A public utility, local publicly owned utility, or municipal
utility district transporting a hazardous waste pursuant to this
section shall meet all of the following conditions:
   (1) The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its transportation is otherwise exempt from, or is
not otherwise regulated pursuant to, the federal act.
   (2) The utility or district complies with the conditions and
requirements for remote sites specified in Section 25121.3.
   (3) The utility or district complies with the regulations adopted
by the department that pertain to personnel training requirements for
generators, with regard to all personnel handling the hazardous
waste during transportation from the remote site to the consolidation
site.
   (4) The hazardous waste is transported by a transporter that is
registered pursuant to the requirements of Section 25163.
   (5) The hazardous waste is not held at any interim location, other
than another remote site operated by the same generator, for more
than eight hours, unless that holding is required by other provisions
of law.
   (6) A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subparagraph (7):
   (A) A list of the hazardous wastes being transported.
   (B) The type and number of containers being used to transport each
type of hazardous waste.
   (C) The quantity, by weight or volume, of each type of hazardous
waste being transported.
   (D) The physical state, such as solid, powder, liquid, semiliquid,
or gas, of each type of hazardous waste being transported.
   (E)  The location of the remote site where the hazardous waste is
initially collected.
   (F) The location of any interim site where the hazardous waste is
held en route to the consolidation site.
   (G) The name, address, and telephone number of the generator, and,
if different, the address and telephone number of the consolidation
site to which the hazardous waste is being transported.
   (H) The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.
   (I) The name of the individual who transports the hazardous waste
from the remote site to the consolidation site.
   (J) The date that the generator first begins to actively manage
the hazardous waste at the remote site, the date that the shipment
leaves the remote site where the hazardous waste is initially
collected, and the date that the shipment arrives at the
consolidation site.
   (7) A shipping paper is not required if the total quantity of the
shipment does not exceed 10 pounds of hazardous waste, except that a
shipping paper is required to transport any quantity of extremely
hazardous waste or acutely hazardous waste.
   (8) All shipments comply with all applicable requirements of the
United States Department of Transportation for hazardous materials
shipments.
   (d) A public utility, local publicly owned utility, or municipal
utility conducting operations pursuant to this section shall submit a
notification to the department and certified unified program agency
in the same manner as a generator is required to submit a
notification pursuant to subdivision (d) of Section 25110.10.
  SEC. 2.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.