Bill Text: CA AB2205 | 2011-2012 | Regular Session | Chaptered
Bill Title: Hazardous waste: ores and minerals: geothermal waste.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 253, Statutes of 2012. [AB2205 Detail]
Download: California-2011-AB2205-Chaptered.html
BILL NUMBER: AB 2205 CHAPTERED
BILL TEXT
CHAPTER 253
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2012
APPROVED BY GOVERNOR SEPTEMBER 7, 2012
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 6, 2012
INTRODUCED BY Assembly Member V. Manuel Pérez
(Coauthor: Senator Corbett)
FEBRUARY 23, 2012
An act to amend Section 25143.1 of the Health and Safety Code,
relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2205, V. Manuel Pérez. Hazardous waste: ores and minerals:
geothermal waste.
Existing law exempts from certain requirements of the Hazardous
Waste Control Law wastes from the extraction, beneficiation, or
processing of ores and minerals, as defined, that are not subject to
regulation under the federal Resource Conservation and Recovery Act
of 1976.
This bill would revise the definition of wastes from the
extraction, beneficiation, or processing of ores and minerals to
additionally include geothermal waste that are spent brine solutions
used to produce geothermal energy meeting specified requirements.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25143.1 of the Health and Safety Code is
amended to read:
25143.1. (a) Geothermal waste resulting from drilling for
geothermal resources is exempt from the requirements of this chapter
because the disposal of these geothermal wastes is regulated by the
California regional water quality control boards.
(b) (1) Wastes from the extraction, beneficiation, and processing
of ores and minerals that are not subject to regulation under the
federal act are exempt from the requirements of this chapter, except
the requirements of Article 9.5 (commencing with Section 25208), as
provided in paragraph (2).
(2) The wastes subject to this subdivision are subject to Article
9.5 (commencing with Section 25208) and Chapter 6.8 (commencing with
Section 25300) if the wastes would otherwise be classified as
hazardous wastes pursuant to Section 25117 and the regulations
adopted pursuant to Section 25141.
(3) For purposes of this subdivision, the following definitions
shall apply:
(A) "Wastes from the extraction, beneficiation, and processing of
ores and minerals" means any of the following:
(i) Soil, waste rock, overburden, and other solid, semisolid, or
liquid natural materials that are removed, unearthed, or otherwise
displaced as a result of excavating or recovering an ore or a
mineral.
(ii) Residuals of ores or minerals after those ores or minerals
have been removed, unearthed, or otherwise displaced from their
natural sites and physically or chemically treated or otherwise
managed in order to separate or concentrate the commercial product
present in the ore or mineral, or processed to produce a final
marketable product.
(iii) Spent brine solutions that are used to produce geothermal
energy and that are transferred, via a closed piping system, to an
adjacent facility for reclamation, beneficiation, or processing to
recover minerals or other commercial substances, if the spent brine
solutions, and any liquid residuals derived from the solutions,
satisfy all of the following conditions:
(I) Are managed in accordance with the standards set forth in
Section 261.4(a)(17)(i) to (iii), inclusive, of Title 40 of the Code
of Federal Regulations.
(II) Are returned after processing, via closed piping, and
subsequently managed in accordance with the exemption provided in
subdivision (c).
(III) Are not a solid or semisolid hazardous residuals. This
subclause applies to materials that include, but are not limited to,
filter cakes that are not covered by the exemption provided in
subdivision (c).
(B) "Minerals" has the same meaning as defined in Section 2005 of
the Public Resources Code.
(c) (1) Except as provided in paragraphs (3) and (4), geothermal
waste, excluding filter cake, that is generated from the exploration,
development, or production of geothermal energy and that does not
result from drilling for geothermal resources, is exempt from the
requirements of this chapter, if the geothermal waste meets either of
the following requirements:
(A) The geothermal waste is contained within a piping system,
nonearthen trench, or descaling area, or within related equipment,
that is associated with the geothermal plant where the waste was
generated.
(B) The geothermal waste is within the physical boundaries of a
lined surface impoundment associated with the geothermal plant where
the waste was generated.
(2) If geothermal waste that is exempted pursuant to subparagraph
(B) of paragraph (1) is relocated to an elevated location inside a
lined surface impoundment for dewatering, that waste shall be removed
from the surface impoundment within 30 days of the relocation and
while the waste still contains sufficient moisture to prevent wind
dispersion, except for residuals that are impractical to remove. The
geothermal waste shall be deemed to be generated at the time of
removal and shall be properly managed as hazardous waste pursuant to
the requirements of this chapter.
(3) A geothermal waste that is exempt pursuant to this subdivision
ceases to be exempt from the requirements of this chapter, and shall
be deemed to have been generated, when any of the following occur:
(A) It is no longer contained in one or more of the following, as
described in paragraph (1):
(i) A piping system.
(ii) Nonearthen trench.
(iii) Descaling area.
(iv) Related equipment.
(v) Lined surface impoundment.
(B) It is left in a geothermal piping system, a related piping
system, a nonearthen trench, a descaling area, or another piece of
related equipment 18 months after the date the geothermal power plant
last produced power, unless prior to that date the operator submits
a written notification, as described in paragraph (4) to the
department, and the department acknowledges the notification in
writing.
(C) It is left in a lined surface impoundment and at any time
poses an imminent potential threat to areas outside the surface
impoundment due to windblown fugitive dusts.
(D) It remains in a unit no longer actively regulated by the
regional water quality control board.
(E) It is left in a lined surface impoundment 18 months after the
date the surface impoundment has last received waste, unless prior to
that date the operator submits a written notification as described
in paragraph (4) to the department, and the department acknowledges
the notification in writing.
(4) The notification that is required to be submitted by an
operator pursuant to subparagraphs (B) and (E) of paragraph (3) shall
contain all of the following information:
(A) The name and address of the operator, and the address and
physical location of the plant or surface impoundment in which the
waste will be stored.
(B) Estimated dates on which the units will resume operation.
(C) A description of how the waste will be stored and managed,
demonstrating to the department that the waste will not pose a
significant hazard to human health and safety or the environment.
(5) This subdivision does not exempt hazardous waste that is
either not directly associated with geothermal energy exploration,
development, and production, or that is not exempted from the federal
act pursuant to paragraph (5) of subdivision (b) of Section 261.4 of
Title 40 of the Code of Federal Regulations, or both. Hazardous
waste that is not exempted pursuant to this subdivision includes, but
is not limited to, used oil generated from vehicles or the
lubrication of machinery.
