Bill Text: CA SB909 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Treated wood waste: disposal.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 601, Statutes of 2011. [SB909 Detail]

Download: California-2011-SB909-Amended.html

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BILL NUMBER: SB 909	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senators La Malfa and Correa

                        FEBRUARY 18, 2011

   An act to amend Section 25150.7 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 909, as amended, La Malfa. Treated wood waste: disposal.
   (1) Existing law requires, among other things, treated wood waste,
as defined, to be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets certain requirements. Existing law requires each
wholesaler and retailer of treated wood and treated wood-like
products to conspicuously post information at specified locations.
Existing law requires that the posted message contain, among other
things, sources for obtaining further information, such as an
Internet Web site and a  toll free   toll-free
telephone  number. Existing law makes these, and other
requirements, inoperative on June 1, 2012, and repeals them on
January 1, 2013. A violation of the state's hazardous waste control
laws is a crime.
    This bill would specify the Internet Web site and the telephone
number that are to be included in the posted message. The bill would
 delete the language pertaining to   extend
 the  June 1, 2012,  inoperative date and the 
January 1, 2013,  repeal date  and would  
to June 1, 2017, and January 1, 2018, respectively. The bill would
 delete other obsolete language. By extending a crime, the bill
would impose a state-mandated local program.
   (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 25150.7 of the Health and Safety Code is
amended to read:
   25150.7.  (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section  shall not be construed as
setting   does not set  a precedent applicable to
the management, including disposal, of other hazardous wastes.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
   (2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
   (c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
   (1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
   (2) Section 25143.1.5 does not apply to the treated wood waste.
   (d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood
waste shall be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued pursuant to Division
7 (commencing with Section 13000) of the Water Code for discharges
of designated waste, as defined in Section 13173 of the Water Code,
or treated wood waste.
   (2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
   (A) Manage the treated wood waste so as to prevent scavenging.
   (B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided by regulations adopted pursuant to subdivision
(f).
   (C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
   (e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point font, or larger, and contain
the following message:

   Warning--Potential Danger

   These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
   This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
   Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:

?  Avoid contact with skin. Wear gloves and long sleeved shirts when
working with treated wood. Wash exposed areas thoroughly with mild
soap and water after working with treated wood.

?  Wear a dust mask when machining any wood to reduce the inhalation
of wood dusts. Avoid frequent or prolonged inhalation of sawdust
from treated wood. Machining operations should be performed outdoors
whenever possible to avoid indoor accumulations of airborne sawdust.

?  Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.

?  If preservative or sawdust accumulates on clothes, launder before
reuse. Wash work clothes separately from other household clothing.

?  Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.

?  Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.

?  Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.

?  Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.

?  Do not use treated wood for mulch.

?  Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.


   For further information, go to the Internet Web site for the
Western Wood Preservers Institute (http://www.wwpinstitute.org) or
call the  toll free   toll-free telephone 
number of the California Treated Wood Information Hotline at
1-866-696-8315.

   In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
   (2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the  Contractor's
State Licensing   Contractors' State License  Board'
s available listings, and license application packages. The
department may provide guidance to the wood preserving industry, to
the extent resources permit.
   (f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and Recovery,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
   (2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
   (A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
   (B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
   (C) Treated wood waste is managed in accordance with all
applicable laws.
   (D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
   (E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
   (F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
   (3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
   (A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
   (B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
   (C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
   (g) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (f) or
with the requirements of this chapter.
   (2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
   (h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
   (i) This section  shall not be construed to  
does not  limit the authority or responsibility of the
department to adopt regulations under any other  provision of
 law.
   (j) On or before June 1, 2011, the department shall prepare and
post on its  Internet  Web site a report that makes a
determination regarding the successful compliance with, and
implementation of, this section. 
   (k) This section shall become inoperative on June 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
   (k) 
    (l)  A regulation adopted pursuant to this section on or
before June 1, 2012  ,  shall continue in force and effect
after that date, until repealed or revised by the department.
  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.