BILL NUMBER: AB 25ENROLLED BILL TEXT PASSED THE SENATE AUGUST 12, 2010 PASSED THE ASSEMBLY AUGUST 26, 2010 AMENDED IN SENATE AUGUST 9, 2010 AMENDED IN SENATE JULY 15, 2010 AMENDED IN ASSEMBLY JANUARY 13, 2010 AMENDED IN ASSEMBLY APRIL 2, 2009 INTRODUCED BY Committee on Environmental Safety and Toxic Materials (Nava (Chair), Miller (Vice Chair), Blakeslee, Chesbro, Davis, Feuer, Monning, Ruskin, and Smyth) DECEMBER 1, 2008 An act to amend Section 25160.2 of the Health and Safety Code, relating to hazardous waste, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 25, Committee on Environmental Safety and Toxic Materials. Hazardous waste transportation: consolidated manifest. (1) 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 establishes a procedure for a consolidated manifest, to be used by generators and transporters for certain types of hazardous waste. A generator using the consolidated manifesting procedure is required to meet specified requirements, including having an identification number. A violation of the hazardous waste control laws is a crime. This bill would allow the consolidating manifesting procedure to be used for the receipt, by a transporter, of one shipment of used oil from a generator whose identification number has been suspended, if certain requirements are met. The bill would provide that this exemption would become inoperative on and after January 1, 2014. Since a violation of the bill's requirements would be 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. (3) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25160.2 of the Health and Safety Code is amended to read: 25160.2. (a) In lieu of the procedures prescribed by Sections 25160 and 25161, transporters and generators of hazardous waste meeting the conditions in this section may use the consolidated manifesting procedure set forth in subdivision (b) to consolidate shipments of waste streams identified in subdivision (c) collected from multiple generators onto a single consolidated manifest. (b) The following consolidated manifesting procedure may be used only for non-RCRA hazardous waste or for RCRA hazardous waste that is not required to be manifested pursuant to the federal act or the federal regulations adopted pursuant to the federal act and transported by a registered hazardous waste transporter, and used only with the consent of the generator: (1) A separate manifest shall be completed by each vehicle driver, with respect to each transport vehicle operated by that driver for each date. (2) The transporter shall complete both the generator's and the transporter's section of the manifest using the transporter's name, identification number, terminal address, and telephone number. The generator's and transporter's sections shall be completed prior to commencing each day's collections. The driver shall sign and date the generator's and transporter's sections of the manifest. (3) The transporter shall attach to the front of the manifest legible receipts for each quantity of hazardous waste that is received from a generator. The receipts shall be used to determine the total volume of hazardous waste in the vehicle. After the hazardous waste is delivered, the receipts shall be affixed to the transporter's copy of the manifest. The transporter shall leave a copy of the receipt with the generator of the hazardous waste. The generator shall retain each receipt for at least three years. This period of retention is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department or a certified unified program agency. (4) All copies of each receipt shall contain all of the following information: (A) The name, address, identification number, contact person, and telephone number of the generator, and the signature of the generator or the generator's representative. (B) The date of the shipment. (C) The manifest number. (D) The volume or quantity of each waste stream received, its California and RCRA waste codes, the waste stream type listed in subdivision (c), and its proper shipping description, including the hazardous class and United Nations/North America (UN/NA) identification number, if applicable. (E) The name, address, and identification number of the authorized facility to which the hazardous waste will be transported. (F) The transporter's name, address, and identification number. (G) The driver's signature. (H) A statement, signed by the generator, certifying that the generator has established a program to reduce the volume or quantity and toxicity of the hazardous waste to the degree, as determined by the generator, to be economically practicable. (5) The transporter shall enter the total volume or quantity of each waste stream transported on the manifest at the change of each date, change of driver, or change of transport vehicle. The total volume or quantity shall be the cumulative amount of each waste stream collected from the generators listed on the individual receipts. In lieu of submitting a copy of each manifest used, a facility operator may submit an electronic report to the department meeting the requirements of Section 25160.3. (6) The transporter shall submit the generator copy of the manifest to the department within 30 days of each shipment. (7) The transporter shall retain a copy of the manifest and all receipts for each manifest at a location within the state for three years. This period of retention is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department or a certified unified program agency. (8) The transporter shall submit all copies of the manifest to the designated facility. A representative of the designated facility that receives the hazardous waste shall sign and date the manifest, return two copies to the transporter, retain one copy, and send the original to the department within 30 days. (9) All other manifesting requirements of Sections 25160 and 25161 shall be complied with unless specifically exempted under this section. If an out-of-state receiving facility is not required to submit the signed manifest copy to the department, the consolidated transporter, acting as generator, shall submit a copy of the manifest signed by the receiving facility to the department pursuant to paragraph (3) of subdivision (b) of Section 25160. (10) Except as provided by subdivision (e), each generator using the consolidated manifesting procedure shall have an identification number, unless exempted from manifesting requirements by action of Section 25143.13 for generators of photographic waste less than 100 kilograms per calendar month. (c) The consolidated manifesting procedure set forth in subdivision (b) may be used only for the following waste streams and in accordance with the conditions specified below for each waste stream: (1) Used oil and the contents of an oil/water separator, if the separator is a catch basin, clarifier, or similar collection device that is used to collect water containing residual amounts of one or more of the following: used oil, antifreeze, or other substances and contaminants associated with activities that generate used oil and antifreeze. (2) The wastes listed in subparagraph (A) may be manifested under the procedures specified in this section only if all of the requirements specified in subparagraphs (B) and (C) are satisfied. (A) Wastes eligible for consolidated manifesting: (i) Solids contaminated with used oil. (ii) Brake fluid. (iii) Antifreeze. (iv) Antifreeze sludge. (v) Parts cleaning solvents, including aqueous cleaning solvents. (vi) Hydroxide sludge contaminated solely with metals from a wastewater treatment process. (vii) "Paint-related" wastes, including paints, thinners, filters, and sludges. (viii) Spent photographic solutions. (ix) Dry cleaning solvents (including percholoroethylene, naphtha, and silicone based solvents). (x) Filters, lint, and sludges contaminated with dry cleaning solvent. (xi) Asbestos and asbestos-containing materials. (xii) Inks from the printing industry. (xiii) Chemicals and laboratory packs collected from K-12 schools. (xiv) Absorbents contaminated with other wastes listed in this section. (xv) Filters from dispensing pumps for diesel and gasoline fuels. (xvi) Any other waste, as specified in regulations adopted by the department. (B) The generator does not generate more than 1,000 kilograms per calendar month of hazardous waste and meets the conditions of paragraph (1) of subdivision (h) of Section 25123.3. For the purpose of calculating the 1,000 kilograms per calendar month limit described in this section, the generator may exclude the volume of used oil and the contents of the oil/water separator that is managed pursuant to paragraph (1) of subdivision (c). (C) (i) The generator enters into an agreement with the transporter in which the transporter agrees that the transporter will submit a confirmation to the generator that the hazardous waste was transported to an authorized hazardous waste treatment facility for appropriate treatment. The agreement may provide that the hazardous waste will first be transported to a storage or transfer facility in accordance with the applicable provisions of law. (ii) The treatment requirement specified in clause (i) does not apply to asbestos, asbestos-containing materials, and chemicals and laboratory packs collected from K-12 schools, or any other waste stream for which the department determines there is no reasonably available treatment methodology or facility. These wastes shall be transported to an authorized facility. (d) Transporters using the consolidated manifesting procedure set forth in this section shall submit quarterly reports to the department 30 days after the end of each quarter. The first quarterly report shall be submitted on October 31, 2002, covering the July to September 2002 period, and every three months thereafter. Except as otherwise specified in paragraph (1), the quarterly report shall be submitted in an electronic format provided by the department. The department shall make all of the information in the quarterly reports submitted pursuant to this subdivision available to the public, through its usual means of disclosure, except the department shall not disclose the association between any specific transporter and specific generator. The list of generators served by a transporter shall be deemed to be a trade secret and confidential business information for purposes of Section 25173 and Section 66260.2 of Title 22 of the California Code of Regulations. (1) Transporters that use the consolidated manifesting procedure for less than 1,000 tons per calendar year may apply to the department to continue submitting paper format reports. (2) For each transporter's name, terminal address, and identification number, the quarterly report shall include the following information for each generator for each consolidated manifest: (A) The name, address, and identification number, the contact persons's name, and the telephone number of each generator. (B) The date of the shipment. (C) The manifest number. (D) The volume or quantity of each waste stream received, its California and RCRA waste code, and the waste stream category listed in subdivision (c). (e) (1) Notwithstanding paragraph (10) of subdivision (a), the consolidated manifesting procedure may be used for the receipt, by a transporter, of one shipment of used oil from a generator whose identification number has been suspended for a violation of Section 25205.16, if all of the following requirements are met: (A) The transporter verifies that the identification number was suspended for a violation of Section 25205.16. (B) The generator notifies the department within 24 hours that the transporter accepted the shipment. (C) The transporter notifies the department within 24 hours that it accepted the shipment from the generator. (D) The generator complies with Section 25205.16 within 30 days from the date the transporter accepts the shipment. (2) The exemption provided by this subdivision shall become inoperative on and after January 1, 2014. 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. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that the hazardous waste laws and regulations are fully complied with as soon as possible, thereby protecting the public health and safety and the environment, it is necessary that this act take effect immediately.