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 SENATE  JULY 1, 2013
	AMENDED IN ASSEMBLY  MAY 7, 2013

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 22, 2013

   An act 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.

   Existing 
    (1)     Existing  law,  which is
part of the hazardous waste control 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  . One of those conditions is that
  , including that more than 275 gallons, or 2,500
pounds, whichever is greater, of hazardous waste is transported in
any single shipment, except for, among other things,  a
generator who is a public utility, local publicly owned utility, or
municipal utility district  is authorized to transport
  and transports  in a single shipment up to 1,600
gallons of hazardous wastewater from the dewatering of one or more
utility vaults.  A violation of the hazardous waste control law
is a crime. 
   This bill would  revise that condition to increase the
maximum to 5,000 gallons.   additionally exempt, from
that limit for the transportation of hazardous waste in a single
shipment, a generator who is a public utility, local publicly owned
utility, or municipal utility district transporting up to 5,000
gallons of hazardous wastewater from the dewatering of a utility
vault in an emergency situation, as defined. The bill would require a
generator transporting hazardous waste pursuant to this exemption to
only collect the waste from one utility vault and would prohibit the
consolidation of hazardous waste from multiple sites, thereby
imposing a state-mandated local program by creating a new crime.
 
   (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:  no   yes  .


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 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 
5,000   1,   600  gallons of hazardous
wastewater from the dewatering of one or more utility vaults, or up
to 500 gallons of 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.

   (3) (A) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of hazardous wastewater from the dewatering of a utility
vault in an emergency situation.  
   (B) For the purposes of this paragraph "emergency situation" means
that utility vault dewatering necessitates immediate response to
avoid endangerment to human health, public safety, or the
environment, under one or more of the following circumstances: 

   (i) A vehicle hits a utility pole or stationary utility equipment
and knocks down a transformer that spills oil on a public area. 

   (ii) A spill occurs at or near a vault rendering the contents
potentially hazardous and crews need to remove the liquid to
decontaminate the vault and to access critical equipment to avoid a
service outage.  
   (iii) A spill occurs at or near a vault that renders the contents
potentially hazardous and rainwater flowing into the vault threatens
to cause an overflow that will spill into the surrounding area. 

   (iv) Groundwater intrusion threatens the electrical equipment
inside the vault and the reliability of the electrical system. 

   (v) Heavy rain events, due to the rate of rainfall, threatens the
cables and equipment inside the vault.  
   (C) In transporting hazardous waste pursuant to this paragraph,
the generator shall only collect hazardous waste from one utility
vault and shall not consolidate hazardous waste from multiple sites.

   (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.
   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.