California 2017 2017-2018 Regular Session

California Assembly Bill AB2474 Amended / Bill

Filed 03/19/2018

                    Amended IN  Assembly  March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2474Introduced by Assembly Member QuirkFebruary 14, 2018 An act to amend Section 25211.4 25141 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2474, as amended, Quirk. Hazardous waste: discarded appliances. identification: testing.Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided.Existing law, as part of the hazardous waste control laws, requires a person wishing to operate as a certified appliance recycler to apply to obtain or renew certification from the Department of Toxic Substances Control. Existing law requires the department to review the application and, if the application is complete and meets specified requirements, to issue a numbered certificate to the applicant. Existing law requires the department, upon issuance of a certificate, to transmit the application and certification to the certified unified program agency in whose jurisdiction the person is located. Existing law requires the certified unified program agency to inspect the certified appliance recycling facility, as specified.This bill would require a certified unified program agency, following an inspection of a certified appliance recycling facility, to transmit the results of the inspection to the department and would authorize the department to take any authorized enforcement action based on the results of the inspection and any other pertinent information. By imposing a new duty on certified unified program agencies, the bill would impose a state-mandated local program. The bill would also make nonsubstantive corrections.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25141 of the Health and Safety Code is amended to read:25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.SECTION 1.Section 25211.4 of the Health and Safety Code is amended to read:25211.4.(a)A person wishing to operate as a certified appliance recycler shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its Internet Web site an application for certification as a certified appliance recycler that requires all of the following:(1)The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owners name, address, and telephone number.(2)A hazardous waste generator identification number issued by the department pursuant to this chapter.(3)A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.(4)A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file the plan.(5)The tax identification number assigned by the Franchise Tax Board.(6)A copy of a business license and any conditional use permits issued by the appropriate city or county.(7)A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws.(8)Any other information that the department may determine to be necessary to carry out this article.(b)A person wishing to operate as a certified appliance recycler shall submit to the department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness and, upon determining that the application is complete and meets the requirements of this section, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186.(c)The certificate issued by the department shall include the issuance date and the expiration date, which shall be three years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no longer a certified appliance recycler and may no longer operate as a certified appliance recycler.(d)Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified unified program agency in whose jurisdiction the person is located. The certified unified program agency shall inspect the certified appliance recycling facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from major appliances. In making the determination, the certified unified program agency shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facilitys compliance with existing applicable laws. Following the inspection, the certified unified program agency shall transmit the results of the inspection to the department. The department may take any enforcement action authorized pursuant to this chapter, based on the results of the inspection and any other pertinent information.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

 Amended IN  Assembly  March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2474Introduced by Assembly Member QuirkFebruary 14, 2018 An act to amend Section 25211.4 25141 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2474, as amended, Quirk. Hazardous waste: discarded appliances. identification: testing.Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided.Existing law, as part of the hazardous waste control laws, requires a person wishing to operate as a certified appliance recycler to apply to obtain or renew certification from the Department of Toxic Substances Control. Existing law requires the department to review the application and, if the application is complete and meets specified requirements, to issue a numbered certificate to the applicant. Existing law requires the department, upon issuance of a certificate, to transmit the application and certification to the certified unified program agency in whose jurisdiction the person is located. Existing law requires the certified unified program agency to inspect the certified appliance recycling facility, as specified.This bill would require a certified unified program agency, following an inspection of a certified appliance recycling facility, to transmit the results of the inspection to the department and would authorize the department to take any authorized enforcement action based on the results of the inspection and any other pertinent information. By imposing a new duty on certified unified program agencies, the bill would impose a state-mandated local program. The bill would also make nonsubstantive corrections.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YESNO 

 Amended IN  Assembly  March 19, 2018

Amended IN  Assembly  March 19, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2474

Introduced by Assembly Member QuirkFebruary 14, 2018

Introduced by Assembly Member Quirk
February 14, 2018

 An act to amend Section 25211.4 25141 of the Health and Safety Code, relating to hazardous waste. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2474, as amended, Quirk. Hazardous waste: discarded appliances. identification: testing.

Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided.Existing law, as part of the hazardous waste control laws, requires a person wishing to operate as a certified appliance recycler to apply to obtain or renew certification from the Department of Toxic Substances Control. Existing law requires the department to review the application and, if the application is complete and meets specified requirements, to issue a numbered certificate to the applicant. Existing law requires the department, upon issuance of a certificate, to transmit the application and certification to the certified unified program agency in whose jurisdiction the person is located. Existing law requires the certified unified program agency to inspect the certified appliance recycling facility, as specified.This bill would require a certified unified program agency, following an inspection of a certified appliance recycling facility, to transmit the results of the inspection to the department and would authorize the department to take any authorized enforcement action based on the results of the inspection and any other pertinent information. By imposing a new duty on certified unified program agencies, the bill would impose a state-mandated local program. The bill would also make nonsubstantive corrections.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.

Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.

This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided.

Existing law, as part of the hazardous waste control laws, requires a person wishing to operate as a certified appliance recycler to apply to obtain or renew certification from the Department of Toxic Substances Control. Existing law requires the department to review the application and, if the application is complete and meets specified requirements, to issue a numbered certificate to the applicant. Existing law requires the department, upon issuance of a certificate, to transmit the application and certification to the certified unified program agency in whose jurisdiction the person is located. Existing law requires the certified unified program agency to inspect the certified appliance recycling facility, as specified.



This bill would require a certified unified program agency, following an inspection of a certified appliance recycling facility, to transmit the results of the inspection to the department and would authorize the department to take any authorized enforcement action based on the results of the inspection and any other pertinent information. By imposing a new duty on certified unified program agencies, the bill would impose a state-mandated local program. The bill would also make nonsubstantive corrections.



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.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 25141 of the Health and Safety Code is amended to read:25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.SECTION 1.Section 25211.4 of the Health and Safety Code is amended to read:25211.4.(a)A person wishing to operate as a certified appliance recycler shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its Internet Web site an application for certification as a certified appliance recycler that requires all of the following:(1)The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owners name, address, and telephone number.(2)A hazardous waste generator identification number issued by the department pursuant to this chapter.(3)A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.(4)A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file the plan.(5)The tax identification number assigned by the Franchise Tax Board.(6)A copy of a business license and any conditional use permits issued by the appropriate city or county.(7)A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws.(8)Any other information that the department may determine to be necessary to carry out this article.(b)A person wishing to operate as a certified appliance recycler shall submit to the department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness and, upon determining that the application is complete and meets the requirements of this section, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186.(c)The certificate issued by the department shall include the issuance date and the expiration date, which shall be three years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no longer a certified appliance recycler and may no longer operate as a certified appliance recycler.(d)Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified unified program agency in whose jurisdiction the person is located. The certified unified program agency shall inspect the certified appliance recycling facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from major appliances. In making the determination, the certified unified program agency shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facilitys compliance with existing applicable laws. Following the inspection, the certified unified program agency shall transmit the results of the inspection to the department. The department may take any enforcement action authorized pursuant to this chapter, based on the results of the inspection and any other pertinent information.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 25141 of the Health and Safety Code is amended to read:25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.

SECTION 1. Section 25141 of the Health and Safety Code is amended to read:

### SECTION 1.

25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.

25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.

25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.



25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.

(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:

(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.

(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.

(d) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013.





(a)A person wishing to operate as a certified appliance recycler shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its Internet Web site an application for certification as a certified appliance recycler that requires all of the following:



(1)The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owners name, address, and telephone number.



(2)A hazardous waste generator identification number issued by the department pursuant to this chapter.



(3)A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.



(4)A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file the plan.



(5)The tax identification number assigned by the Franchise Tax Board.



(6)A copy of a business license and any conditional use permits issued by the appropriate city or county.



(7)A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws.



(8)Any other information that the department may determine to be necessary to carry out this article.



(b)A person wishing to operate as a certified appliance recycler shall submit to the department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness and, upon determining that the application is complete and meets the requirements of this section, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186.



(c)The certificate issued by the department shall include the issuance date and the expiration date, which shall be three years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no longer a certified appliance recycler and may no longer operate as a certified appliance recycler.



(d)Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified unified program agency in whose jurisdiction the person is located. The certified unified program agency shall inspect the certified appliance recycling facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from major appliances. In making the determination, the certified unified program agency shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facilitys compliance with existing applicable laws. Following the inspection, the certified unified program agency shall transmit the results of the inspection to the department. The department may take any enforcement action authorized pursuant to this chapter, based on the results of the inspection and any other pertinent information.





No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.