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

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-Amended.html

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BILL NUMBER: AB 1190	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2013

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 22, 2013

   An act to  add Section 25163.4 to   amend
Section 25163.3 of  the Health and Safety Code, relating to
hazardous waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1190, as amended, Bloom. Hazardous waste: transportation.

   (1) Existing 
    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.   One of those conditions is that a
generator who is a public utility, local publicly owned utility, or
municipal utility district is authorized to transport in a single
shipment up to 1,600 gallons of hazardous wastewater from the
dewatering of one or more utility vaults. 
    This bill would revise that condition to increase the maximum
to 5,000 gallons.  
   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   no  .


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

   SECTION 1.    Section 25163.3 of the  
Health and Safety Code   is amended to read   :

   25163.3.  A person who initially collects hazardous waste at a
remote site and transports that hazardous waste to a consolidation
site operated by the generator and who complies with the notification
requirements of subdivision (d) of Section 25110.10 shall be exempt
from the manifest and transporter registration requirements of
Sections 25160 and 25163 with regard to the hazardous waste if all of
the following conditions are met:
   (a) 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.
   (b) The conditions and requirements of Section 25121.3 are met.
   (c) The regulations adopted by the department pertaining to
personnel training requirements for generators are complied with for
all personnel handling the hazardous waste during transportation from
the remote site to the consolidation site.
   (d) The hazardous waste is transported by employees of the
generator or by trained contractors under the control of the
generator, in vehicles  which   that  are
under the control of the generator, or by registered hazardous waste
transporters. The generator shall assume liability for a spill of
hazardous waste being transported under this section by the
generator, or a contractor in a vehicle under the control of the
generator or contractor. Nothing in this subdivision bars any
agreement to insure, hold harmless, or indemnify a party to the
agreement for any liability under this section or otherwise bars any
cause of action a generator would otherwise have against any other
party.
   (e) 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.
   (f) Not more than 275 gallons or 2,500 pounds, whichever is
greater, of hazardous waste is transported in any single shipment,
except for the following:
   (1) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 
1,600   5,000  gallons of hazardous wastewater from
the dewatering of one or more utility vaults, or up to 500 gallons
of  any other   another  liquid hazardous
waste in a single shipment.
   (2) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of mineral oil from a transformer, circuit breakers, or
capacitors, owned by the generator, in a single shipment if the oil
does not exhibit the characteristic of toxicity pursuant to the test
specified in subparagraph (B) of paragraph (2) of subdivision (a) of
Section 66261.24 of Title 22 of the California Code of Regulations.
   (g) A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subdivision (h):
   (1) A list of the hazardous wastes being transported.
   (2) The type and number of containers being used to transport each
type of hazardous waste.
   (3) The quantity, by weight or volume, of each type of hazardous
waste being transported.
   (4)  The physical state, such as solid, powder, liquid,
semiliquid, or gas, of each type of hazardous waste being
transported.
   (5)  The location of the remote site where the hazardous waste is
initially collected.
   (6) The location of any interim site where the hazardous waste is
held en route to the consolidation site.
   (7) 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.
   (8) The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.
   (9) The name of the individual or individuals who transport the
hazardous waste from the remote site to the consolidation site.
   (10) 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.
   (h) 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 or
acutely hazardous waste.
   (i) All shipments conform with all applicable requirements of the
United States Department of Transportation for hazardous materials
shipments. 
  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.