Bill Text: CA SB589 | 2011-2012 | Regular Session | Amended
Bill Title: Recycling: household mercury-containing lamps.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-06-28 - Set, first hearing. Hearing canceled at the request of author. [SB589 Detail]
Download: California-2011-SB589-Amended.html
BILL NUMBER: SB 589 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2011
AMENDED IN SENATE MAY 18, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Lowenthal
(Coauthor: Assembly Member Allen)
FEBRUARY 17, 2011
An act to amend Section 25218.8 of the Health and Safety
Code, relating to hazardous waste. An act to add
Chapter 21 (commencing with Section 42990) to Part 3 of Division 30
of the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 589, as amended, Lowenthal. Household hazardous waste.
Recycling: household mercury-containing lamps.
Existing law, the California Lighting Efficiency and Toxics
Reduction Act, prohibits a person from manufacturing for sale or
selling in the state specified general purpose lights that contain
levels of hazardous substances prohibited by the European Union
pursuant to the RoHS Directive.
This bill would require a manufacturer of household
mercury-containing lamps, on or before April 1, 2013, individually or
through a stewardship organization, to prepare and submit to the
Department of Resources Recycling and Recovery for approval a
household mercury-containing lamp stewardship plan to establish a
recovery program for the management of end-of-life household
mercury-containing lamps. The bill would define terms, including
defining the term stewardship fee as an amount added to the retail
purchase price of a mercury-containing household lamp. The bill would
require the plan to include the payment of a stewardship fee at the
point of sale and would specify a procedure for the department's
approval of the amount of the stewardship fee. This bill would
constitute a change in state statute that would result in a taxpayer
paying a higher tax within the meaning of Section 3 of Article XIII A
of the California Constitution, and thus would require for passage
the approval of 2/3 of the membership of each house of the
Legislature.
The department would be required to review the plan and approve
the plan within 90 days of receipt. The department would be
authorized to recover the reasonable cost of the plan review by
requiring the payment of a plan review fee and to expend the funds,
upon appropriation by the Legislature, for the costs of implementing
this plan review.
The bill would require the manufacturer or designated stewardship
organization to implement a program consistent with a plan approved
by the department. The department would be required to post on its
Internet Web site a list of manufacturers for which the department
has reviewed and approved a plan and to update the site, as
specified. The bill would require a retailer that distributes or
sells household mercury-containing lamps to consumers in the state to
monitor the department's Internet Web site to determine if the sale
of a manufacturer's mercury-containing lamp is listed as being in
compliance.
The bill would prohibit a manufacturer or retailer, on and after
November 1, 2013, from selling or offering for sale a household
mercury-containing lamp in the state unless the manufacturer is
included on the above-described list, except as provided in a
specified procedure.
The bill would also require a retailer to add the stewardship fee
to the retail purchase price of a household mercury-containing lamp,
and remit the fee to the manufacturer or stewardship organization
manufacturer. A retailer would also be required to document the
stewardship fee as a separate line item on the customer's receipt,
and to include specified information on that receipt.
This bill would require, on or before July 1, 2014, and annually
thereafter, a manufacturer or its designated stewardship organization
to demonstrate to the department that it has achieved continuous
meaningful improvement to the extent practicable in implementing the
program, and the department would be required to direct a
manufacturer or its designated stewardship organization to terminate
the program implementing its plan if it finds that the program is not
proportionately contributing to the packaging, transportation, and
recycling of end-of-life household mercury-containing lamps in the
state.
The bill would also require a manufacturer or its designated
stewardship organization, by July 1, 2014, and annually thereafter to
submit a report to the department describing the program
implementing the plan. The department would be required to review the
annual report and issue a finding of whether the program is in
compliance within 90 days of receipt.
The bill would authorize the department to enforce the bill's
provisions, including the imposition of administrative civil
penalties and would make a statement of legislative intent regarding
the application of state and federal antitrust laws.
Existing law requires hazardous waste facilities to operate under
hazardous waste facilities permits issued by the Department of Toxic
Substances Control and exempts from this requirement a recycle-only
household hazardous waste collection facility if the facility meets
certain requirements, including that the public agency, or its
contractor, that intends to operate a household hazardous waste
collection facility, submit a certification regarding the operation
of the facility to the certified unified program agency (CUPA).
This bill would allow, as an alternative to that requirement, that
the facility accept only universal waste, as defined, and that this
waste be managed pursuant to specified regulations.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) It is the policy of the state to promote the increased use of
energy-efficient lighting in order to reduce energy consumption,
reduce electricity costs, and to improve the environment.
(b) Fluorescent and some other types of energy-efficient lighting
incorporate a small amount of mercury, which is essential to their
ability to conserve energy and assist the state and the nation in
reducing energy consumption.
(c) Manufacturers of mercury-containing lamps have invested in and
promoted environmental stewardship by redesigning their products and
reducing the amount of mercury in lamps by over 80 percent since
1990.
(d) It is in the best interest of the state that manufacturers
develop and coordinate the implementation of a cost-effective program
for the collection and recycling of household mercury-containing
lamps, which would collect, transport, and process end-of-life
household mercury-containing lamps utilizing, so far as possible, the
existing public and private infrastructure and means already in use
in this state for waste management and recycling.
SEC. 2. Chapter 21 (commencing with Section 42990)
is added to Part 3 of Division 30 of the Public Resources
Code , to read:
CHAPTER 21. HOUSEHOLD MERCURY-CONTAINING LAMP RECOVERY AND
RECYCLING PROGRAM
Article 1. Definitions
42990. For purposes of this chapter, the following terms have the
following meanings:
(a) "Consumer" means a person who purchases a household
mercury-containing lamp in the state for residential use.
(b) "End-of-life household mercury-containing lamp" means a
household mercury-containing lamp that has reached its end of life or
is no longer wanted by the consumer.
(c) "Household general service lamp" means a general purpose
light, as defined in Section 25210.10 of the Health and Safety Code,
that provides functional illumination for indoor or outdoor
residential use.
(d) (1) "Household mercury-containing lamp" means a household
general service lamp to which mercury is intentionally added during
the manufacturing process, including, but not limited to, linear
fluorescent, compact fluorescent, and high-intensity discharge lamps
sold or distributed for residential use.
(2) A "nonhousehold mercury containing lamp" means a general
purpose light, as defined in Section 25210.10 of the Health and
Safety Code, that provides functional illumination to which mercury
is intentionally added during the manufacturing process, including,
but not limited to, linear fluorescent, compact fluorescent, and
high-intensity discharge lamps, but which is not sold or distributed
for residential use.
(e) (1) "Household mercury-containing lamp stewardship plan" or
"plan" means the household mercury-containing lamp stewardship plan
required to be submitted to the department pursuant to Section 42991.
(2) "Plan submitter" means either the stewardship organization or
the manufacturer, whichever entity submits a plan to the department
pursuant to Section 42991.
(f) "Manufacturer" means, with regard to a household
mercury-containing lamp that is sold, offered for sale, or
distributed in the state, any of the following:
(1) The person that manufactures the household mercury-containing
lamp and who sells, offers for sale, or distributes that household
mercury-containing lamp in the state under that person's own name or
brand.
(2) If there is no person that sells, offers for sale, or
distributes the household mercury-containing lamp in the state under
the person's own name or brand, the manufacturer of the household
mercury-containing lamp is the owner or licensee of a trademark or
brand under which the household mercury-containing lamp is sold or
distributed in the state, whether or not the trademark is registered.
(3) If there is no person that is a manufacturer of the household
mercury-containing lamp for the purpose of paragraphs (1) and (2),
the manufacturer of that household mercury-containing lamp is the
person that imports the household mercury-containing lamp into the
state for sale or distribution.
(g) "Program" means the recovery program implemented pursuant to a
household mercury-containing lamp stewardship plan, that provides
for the management of end-of-life household mercury-containing lamps,
including the collection, transportation, processing, and recycling
of household mercury-containing lamps.
(h) "Qualified mercury-containing lamp recycler" means a person
that engages in the manual or mechanical separation of end-of-life
household mercury-containing lamps to recover components and mercury
contained therein, and who has received necessary governmental
approvals to perform recycling in that respective jurisdiction.
(i) "Retailer" means a person that sells or offers for sale
household mercury-containing lamps to a consumer in the state.
(j) "Sell" or "sale" means a transfer of title for consideration,
including remote sales conducted through retail stores, sales
outlets, catalogs, or the Internet, or through any other similar
electronic means.
(k) "Stewardship fee" means the fee added to the retail purchase
price of a mercury-containing household lamp that is established
pursuant to Section 42997 and is required to be paid in the manner
specified in Section 42996.
(l) "Stewardship organization" means a nonprofit organization
created by one or more manufacturers to implement a household
mercury-containing lamp stewardship plan prepared and submitted to
the department pursuant to Section 42991.
Article 2. Manufacturer Responsibility
42991. (a) On or before April 1, 2013, a manufacturer of
household mercury-containing lamps sold in this state shall,
individually or through a stewardship organization, prepare and
submit a household mercury-containing lamp stewardship plan to the
department in accordance with this section.
(b) A household mercury-containing lamp stewardship plan submitted
pursuant to this section shall include all of the following:
(1) A means for encouraging retailers to provide voluntary
in-store collection or recycling programs for household
mercury-containing lamps that may include, but is not limited to,
providing in-store signage and other assistance in learning about
end-of-life mercury-containing lamp recycling.
(2) A means for encouraging government agencies to provide
end-of-life household mercury-containing lamp recycling programs for
residents that may include, but is not limited to, offering signage
and other promotional and education assistance.
(3) Procedures or processes by which government agencies and
retailers, or alternatively, qualified mercury-containing lamp
recyclers, can participate in the end-of-life management of household
mercury-containing lamps, with the reasonable costs of packaging,
transporting, and processing of the household mercury-containing
end-of-life lamps paid for by the stewardship organization or the
manufacturer. These procedures or processes may include, but are not
limited to, providing direct management services by a manufacturer or
product stewardship organization or a means for recovery of
reasonable costs of participation by participating third parties,
including government agencies. The plan is not required to provide
that the costs of collecting lamps prior to packaging and
transportation be paid for by the stewardship organization or the
manufacturer.
(4) Procedures for providing reasonable and cost-efficient public
education about the proper handling of end-of-life household
mercury-containing lamps, including information directed toward
consumers specifying where end-of-life household mercury-containing
lamps are collected for recycling.
(c) (1) The plan shall establish goals for providing convenient
consumer access to collection services in every county in the state.
(2) The plan shall require participating collection facilities to
be staffed and open to the public.
(d) The plan shall require the information required pursuant to
paragraph (4) of subdivision (b) to be updated, at least once per
quarter, regarding the collection locations established pursuant to
subdivision (c).
(e) (1) The plan shall demonstrate sufficient funding for the
end-of-life household mercury-containing lamp recycling program
described in the plan, including a mechanism for securing and
dispersing funds.
(2) The funding mechanism shall require a stewardship fee to be
imposed pursuant to Section 42996 at the point-of-sale for each
household mercury-containing lamp sold in this state, in the amount
approved by the department pursuant to Section 42997.
(f) The plan shall consider, but is not required to be subject
to, the waste hierarchy specified in subdivision (a) of Section
40051.
(g) A plan is not required to provide for the collection and
recycling of nonhousehold mercury-containing lamps.
Article 3. Plan Review and Enforcement
42992. (a) The department shall review and approve each element
of a plan submitted pursuant to Section 42291 within 90 days of
receipt. If the department does not approve the plan, the department
shall notify the plan submitter of the deficiencies in the plan and
the plan submitter shall resubmit the plan within 45 days to correct
the deficiencies noted by the department.
(b) (1) A plan approved by the department shall be a public
record, except that financial, production, or sales data reported to
the department by a manufacturer or designated stewardship
organization is not a public record under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code) and shall not be open to public
inspection.
(2) Notwithstanding paragraph (1), the department may release
financial, production, or sales data in summary form if it does not
disclose financial, production, or sales data of a manufacturer or
stewardship organization.
(3) The department shall actively oversee compliance with this
chapter by stewardship organizations, manufacturers, and retailers.
The department may require a stewardship organization, manufacturer,
or retailer to take an action that the department considers necessary
to ensure that the stewardship organization, manufacturer, or
retailer is not engaging in conduct that is not authorized under this
chapter.
(c) (1) The department may recover the cost of the reasonable plan
review required under subdivision (a) by requiring the payment of
actual plan review fee costs.
(2) If the plan is submitted by a stewardship organization, the
plan review fee shall be paid from the funds collected pursuant to
Section 42997.
(3) The funds collected pursuant to this subdivision may be
expended by the department, upon appropriation by the Legislature,
for the costs of implementing this section.
42993. (a) After the department approves a plan pursuant to
Section 42992, the manufacturer or designated stewardship
organization shall implement a program consistent with the plan.
(b) A household mercury-containing lamp that is collected and
recycled under a program established pursuant to this chapter is not
discarded material for purposes of Section 25124 of the Health and
Safety Code.
42994. On or before July 1, 2013, or upon the date the plan is
approved by the department, whichever date is earlier, the department
shall post on its Internet Web site a list of manufacturers for
which the department has reviewed and approved a plan pursuant to
subdivision (a) of Section 42992 and that are eligible to sell or
offer for sale a household mercury-containing lamp pursuant to
subdivision (b) of Section 42995. The department shall update this
posting when a manufacturer is added to, or deleted from, the list.
42995. (a) On July 1, 2013, and at least once every six months
thereafter, a retailer that distributes or sells household
mercury-containing lamps to consumers in the state shall consult the
department's Internet Web site to determine if a manufacturer is
listed as eligible to sell or offer for sale a household
mercury-containing lamp in this state pursuant to Section 42994.
(b) Except as provided in subdivision (c), on and after November
1, 2013, a manufacturer or retailer shall not sell or offer for sale
a household mercury-containing lamp in the state unless the
manufacturer is included on the list posted and updated by the
department pursuant to Section 42994.
(c) Except as provided in subdivision (d), a manufacturer or
retailer shall cease selling or offering for sale a household
mercury-containing lamp in the state within 120 days of the date when
the manufacturer is deleted from an updated list posted by the
department pursuant to Section 42994.
(d) (1) A manufacturer or retailer may petition the department to
reinstate the manufacturer on the list during the 120-day period
specified in subdivision (c).
(2) A petition submitted pursuant to this subdivision shall
include an updated plan correcting the deficiencies identified by the
department pursuant to Section 42992.
(3) The sales prohibition specified in subdivision (b) shall be
suspended during the department's review of the updated plan. This
suspension of the sales prohibition shall be posted on the department'
s Internet Web site.
(4) If the department determines that the updated plan corrects
the deficiencies identified pursuant to Section 42992, the department
shall list the manufacturer as in compliance pursuant to Section
42994. If the updated plan does not correct the deficiencies, the
sales prohibition shall be reinstated, and the manufacturer shall not
be posted as compliant on the department's Internet Web site.
Article 4. Retailer Responsibility
42996. (a) On and after July 1, 2013, a retailer that distributes
or sells household mercury-containing lamps to consumers in the
state shall do all of the following:
(1) Add the stewardship fee, specified in the manufacturer's or
stewardship organization's plan, to the retail purchase price of the
household mercury-containing lamp.
(2) Document the manufacturer's or stewardship organization's
stewardship fee as a separate line item on the customer's receipt.
(3) Add a brief but conspicuous statement on the receipt given to
the retail purchaser at the time of sale directing the customer to
the Internet Web site www.lamprecycle.org for information on
recycling locations.
(4) (A) Remit the stewardship fee to the manufacturer or
designated stewardship organization.
(B) Except as provided in subdivision (b), a retailer shall pay
the stewardship fee to the manufacturer or designated stewardship
organization on or before the last day of the month following each
calendar quarter. The payment shall be accompanied by a return
receipt in the form prescribed by the manufacturer or designated
stewardship organization.
(5) By the end of the first quarter of each calendar year, report
to each manufacturer the total number of that manufacturer's
household mercury-containing lamps sold in the state during the
preceding calendar year.
(b) If a manufacturer sells and ships household mercury-containing
lamps directly to a retailer's store or distribution location in the
state, a retailer may elect to pay the stewardship fee in advance
directly to the manufacturer for each mercury-containing lamp
purchased from the manufacturer for resale in the state. If a
retailer makes an election pursuant to this subdivision, the
manufacturer shall indicate the amount of the stewardship fee on its
invoice to the retailer, and if applicable the manufacturer shall pay
the stewardship fee collected from the retailer to the designated
stewardship organization. A retailer making an election pursuant to
this subdivision shall comply with the requirements of paragraphs (2)
and (3) of subdivision (a).
(c) A retailer that participates in the collection of household
mercury-containing lamps may refuse to accept nonhousehold
mercury-containing lamps or mercury-containing lamps that are not
subject to the stewardship fee pursuant to this section.
(d) The stewardship fee established pursuant to this section is
exempt from the taxes imposed by Part 1 (commencing with Section
6001) of Division 2 of the Revenue and Taxation Code.
Article 5. Stewardship Fee Determination
42997. (a) On or before December 1, 2012, a manufacturer or
designated stewardship organization, shall recommend in writing to
the department the amount of the stewardship fee that is to be
collected from a consumer and paid by a retailer for each household
mercury-containing lamp purchased in the state and that is to be
included in the plan submitted pursuant to Section 42291.
(b) In recommending the amount of the proposed stewardship fee,
the manufacturer or designated stewardship organization shall
consider and include in its recommendation all of the following:
(1) The anticipated number of household mercury-containing lamps
sold in the state at retail during the calendar year.
(2) The cost of transporting and recycling end-of-life household
mercury-containing lamps from municipal and retail collection
locations.
(3) The anticipated number of household mercury-containing lamps
expected to be recycled during the calendar year.
(4) The administrative costs of the stewardship organization, if
any, and the manufacturer, including, but not limited to, plan
preparation, review, and implementation.
(5) The cost of the program elements specified under subdivision
(b) of Section 42991.
(6) A prudent reserve not to exceed 15 percent.
(c) No later than 90 days after receiving the recommendation
required by this section, the department shall review and approve the
recommendation. If the department approves the recommended fee
amount, the plan submitter shall include the amount of the
stewardship fee in its plan pursuant to Section 42991. If the
department does not approve the recommendation, the department shall
notify the plan submitter of the deficiencies in the recommendation
and adjust the amount of the fee, which the plan submitter shall
include in its plan pursuant to Section 42991.
(d) (1) On or before July 1, 2014, and, annually thereafter, the
plan submitter shall recommend to the department whether the amount
of the stewardship fee established pursuant to this section should be
adjusted to ensure that there are sufficient, but not excessive,
revenues to fund the cost of the program, and recommend an amount for
that adjustment. The recommendations shall be based on the same
considerations set forth in subdivision (b).
(2) No later than 90 days after receiving a recommendation
pursuant to this subdivision, the department shall review and approve
the recommendation. If the department approves the recommended fee
amount, the plan submitter shall adjust the amount of the stewardship
fee in accordance with paragraph (4).
(3) If the department does not approve the recommendation, the
department shall notify the plan submitter of the deficiencies in the
recommendation and adjust the amount of the fee in accordance with
paragraph (4).
(4) Adjustments to the stewardship fee shall apply to the calendar
year beginning the January 1 following the approval of the adjusted
fee.
Article 6. Reporting and Program Review
42998. (a) On or before July 1, 2014, and annually thereafter, a
manufacturer or its designated stewardship organization shall
demonstrate to the department that it has achieved continuous
meaningful improvement to the extent practicable in implementing
Section 42991. In demonstrating improvement, a manufacturer or its
designated stewardship organization shall consider all of the
following:
(1) The baseline recovery and recycling efforts against which the
demonstrated improvement is compared.
(2) The effectiveness in achieving the goals established pursuant
to subdivision (c) of Section 42991.
(3) Impediments to further improvement, including, but not limited
to, the extent of consumer participation in recovery of end-of-life
household mercury-containing lamps and the incremental cost of
improving baseline recovery and recycling efforts relative to the
extent of the improvement.
(4) Information provided in the report submitted to the department
pursuant to Section 42999.
(b) If more than one manufacturer or designated stewardship
organization submits a plan pursuant to this chapter, the department
shall use the information submitted by the stewardship organization
in its annual report pursuant to Section 42999 to determine to what
extent the goals included in the plan are attributable to each
organization and shall determine compliance with this chapter
accordingly.
(c) The department shall require a manufacturer to terminate the
sale of household mercury-containing lamps in the state if it finds
that the program in which the manufacturer is participating or is
conducting on its own is not proportionately contributing to the
packaging, transportation, and recycling of end-of-life household
mercury-containing lamps in the state relative to other programs
subject to this chapter. In making the finding required by this
subdivision, the department shall consider both the total annual
volume of end-of-life household mercury-containing lamps recycled
under each program and the total annual sales of mercury-containing
lamps in the state by manufacturers participating in each program.
42999. (a) On or before July 1, 2014, and annually thereafter, a
manufacturer shall, individually or through a designated stewardship
organization, submit a report to the department describing the
program implementing the plan. At a minimum, the report shall include
all of the following:
(1) The total volume of household mercury-containing lamps
reported by retailers as sold in the state during the preceding
calendar year. A designated stewardship organization shall report the
aggregate volume of its members.
(2) The total volume of end-of-life household mercury-containing
lamps recovered in the state during the preceding calendar year.
(3) A description of the methods used by the program to collect,
transport, and process end-of-life household mercury-containing lamps
in the state.
(4) The number of collection locations in each county in the state
during the prior calendar year.
(5) The total cost of implementing the program.
(6) An evaluation of the operation of the program's funding
mechanism.
(7) An independent financial audit funded from the stewardship
fee.
(8) Examples of educational materials that were provided to
consumers during the first year and any changes to those materials in
subsequent years.
(b) The department shall review the annual report required
pursuant to subdivision (a) and within 90 days of receipt shall issue
a finding of whether the program complies with this chapter.
42999.1. No later then 90 days after the date when the department
makes a finding pursuant to subdivision (b) of Section 42999 for the
report submitted on or before July 1, 2014, a manufacturer shall,
individually or through a designated stewardship organization, and in
cooperation with the department, sponsor a public meeting to allow
any interested stakeholder the opportunity to
comment on program implementation and to make
recommendations for potential program improvements.
Article 7. Violations and Penalties
42999.2. The Legislature finds and declares all of the following:
(a) The intent of this chapter is that a stewardship organization
preparing, submitting, and implementing a household
mercury-containing lamp stewardship plan pursuant to Section 42991
and submitting recommendations for the stewardship fee determined
pursuant to Section 42997, and the manufacturers who jointly
establish the stewardship organization and retailers who comply with
the requirements of this chapter be granted immunity from federal and
state antitrust laws for the limited purpose of establishing,
implementing, and complying with these requirements.
(b) It is further the intent of this chapter that the activities
and conduct of the stewardship organization, the manufacturers, and
the retailers that implement and comply with this chapter should not
be deemed to be in restraint of trade, a conspiracy or combination,
or any other unlawful activity in violation of any laws of the State
of California, including, but not limited to, the Cartwright Act
(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), the Unfair Practices Act
(Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of
the Business and Professions Code), or the federal antitrust law and
federal law pertaining to unfair methods of competition and unfair
or deceptive trade practices.
(d) Except as provided in subdivision (c), it is intended that an
action solely to increase the recycling of household
mercury-containing lamps by a manufacturer, stewardship organization,
or retailer that affects the types or quantities being recycled, or
the cost and structure of a program, should not be a violation of the
statutes specified in subdivision (b).
(c) Except as authorized by this chapter, subdivisions (a) and (b)
are not intended to apply to an agreement establishing or affecting
the price of household mercury-containing lamps, the output or
production of household mercury-containing lamps, or any agreement
restricting the geographic area or customers to which household
mercury-containing lamps will be sold.
42999.3. (a) The department shall enforce the provisions of this
chapter.
(b) The department may impose a civil penalty pursuant to an
administrative proceeding conducted pursuant to Article 10
(commencing with Section 11445.10) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 the Government Code upon a person who violates
this chapter, in an amount of not more than one thousand dollars
($1,000) per violation per day.
(c) The department may bring an action imposing a civil penalty
upon a person who intentionally, knowingly, or negligently violates
this chapter, in an amount of not more than ten thousand dollars
($10,000) per violation per day.
SECTION 1. Section 25218.8 of the Health and
Safety Code is amended to read:
25218.8. (a) Except as provided in subdivision (b), a hazardous
waste facilities permit shall be obtained for the operation of a
household hazardous waste collection facility.
(b) A hazardous waste facilities permit is not required for the
operation of a recycle-only household hazardous waste collection
facility if all of the following conditions are met:
(1) The facility accepts only the following recyclable household
hazardous waste materials for subsequent transport to an authorized
recycling facility:
(A) Latex paint.
(B) Used oil.
(C) Used oil filters.
(D) Antifreeze.
(E) Spent lead-acid batteries.
(F) Nickel-cadmium, alkaline, carbon-zinc, or other small
batteries, if the facility is in compliance with Section 25216.1.
(G) Intact spent fluorescent lamps.
(H) Intact spent high intensity discharge (HID) lamps.
(2) No hazardous wastes or other materials are handled at the
facility other than the materials specified in paragraph (1).
(3) The materials are transported to the collection facility by
either of the following:
(A) The person who generated the material.
(B) The authorized curbside household hazardous waste collection
program.
(4) The materials transported to the facility are transported in
accordance with Section 25218.5.
(5) The materials collected are not stored at the facility for
more than 180 days, except that less than one ton of spent lead-acid
batteries may be stored at the facility for up to one year. More than
one ton of spent lead-acid batteries shall not be stored at the
facility for more than 180 days.
(6) The materials collected are managed in accordance with the
hazardous waste labeling, containerization, emergency response, and
personnel training requirements of this chapter.
(7) The facility meets either of the following conditions:
(A) The facility is in compliance with Section 25218.2.
(B) The facility accepts only universal waste, as defined in
Section 66261.9 of Title 22 of the California Code of Regulations,
and this waste is managed pursuant to Chapter 23 (commencing with
Section 66273.1) of Division 4.5 of Title 22 of the California Code
of Regulations.
