Hazardous waste: household hazardous waste: door-to-door collection programs: residential pickup services.

Existing law, as part of the hazardous waste control laws, authorizes public agencies, defined as state or federal agencies, counties, cities, or districts, or their contractors, to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. A violation of the hazardous waste control laws is a crime. Existing law authorizes a registered hazardous waste transporter operating a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service to use a specified manifesting procedure for transporting household hazardous waste, if the transporter complies with certain operating and reporting requirements. Existing law requires a transporter that uses the specified manifesting procedure to submit quarterly reports to the Department of Toxic Substances Control and requires the department to make all of the information in the quarterly reports available to the public, as provided. Existing law requires a public agency to retain a copy of the manifest in a specified manner. Existing law makes these manifesting requirements inoperative on January 1, 2020. This bill would extend the operation of those provisions indefinitely. Because the bill would continue duties imposed on public agencies and because the bill would extend the operation of various provisions, the violation of which would be a crime, the bill would impose a state-mandated local program. Existing law requires a facility operator in the state who receives hazardous waste for handling, treatment, storage, disposal, or any combination thereof, which was transported with a manifest, to submit a copy of the manifest to the department. Existing law authorizes a facility operator to submit to the department an electronic report that meets certain requirements in lieu of submitting the copy of each manifest used. Existing law, if an out-of-state receiving facility is not required to submit the signed manifest copy to the department, requires a transporter, acting on behalf of the generator, to submit a copy of the manifest signed by the receiving hazardous waste facility to the department. This bill would repeal the above provisions authorizing a facility operator to submit that electronic report in lieu of a copy of each manifest and requiring a transporter to submit a copy of the manifest to the department. Existing law authorizes a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, operated by a public agency or its contractor, that meets specified requirements to collect household hazardous waste from individual residences and, on and before December 31, 2019, to transport that waste to a hazardous waste facility, as defined. Existing law requires, on and before December 31, 2019, those public agencies or contractors that transport household hazardous waste to a hazardous waste facility to use the manifesting procedures described above. This bill would extend the operation of those provisions indefinitely. Because the bill would continue duties imposed on public agencies and because a violation of these provisions is a crime, the bill would impose a state-mandated local program. Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the unified program to consolidate the administration of certain requirements, including, among others, the hazardous waste control laws that are applicable to, on and before December 31, 2019, a transfer facility, as defined, that is operated by a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service. This bill would extend the operation of the requirement to consolidate the administration of the hazardous waste control laws that are applicable to those transfer facilities indefinitely. Because the bill would continue duties imposed on unified program agencies, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 25218.1 and 25218.5 of the Health and Safety Code proposed by SB 726 to be operative only if this bill and SB 726 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.