BILL NUMBER: AB 1353 CHAPTERED
BILL TEXT
CHAPTER 597
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2004
APPROVED BY GOVERNOR SEPTEMBER 20, 2004
PASSED THE ASSEMBLY AUGUST 27, 2004
PASSED THE SENATE AUGUST 24, 2004
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 17, 2004
AMENDED IN SENATE JULY 12, 2004
AMENDED IN SENATE JUNE 16, 2004
AMENDED IN ASSEMBLY MAY 6, 2003
AMENDED IN ASSEMBLY APRIL 21, 2003
INTRODUCED BY Assembly Member Matthews
FEBRUARY 21, 2003
An act to add Section 25150.8 to, and to add and repeal Section
25150.7 of, the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1353, Matthews. Treated wood waste: disposal.
(1) Existing law regulates the control of hazardous waste, but
exempts from the hazardous waste control laws, wood waste that is
exempt from regulation under the federal Resource Conservation and
Recovery Act of 1976, as amended (RCRA), if the wood waste is
disposed of in a municipal landfill that meets certain requirements
imposed pursuant to the Porter-Cologne Water Quality Control Act for
the classification of disposal sites, and the landfill meets other
specified requirements. A violation of the state's hazardous waste
control laws, including a regulation adopted pursuant to those laws,
is a crime.
This bill would define the term "treated wood" and would require
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 specified requirements. The bill
would require any solid waste landfill accepting treated wood waste
to meet certain requirements specified in the bill and to manage the
treated wood waste in a specified manner. The bill would provide
that if treated wood waste is accepted by a solid waste landfill that
manages and disposes of the treated wood waste in a specified
manner, the treated wood waste shall be deemed to be a solid waste,
and not a hazardous waste.
The bill would, until January 1, 2007, exempt treated wood waste
from the hazardous waste control laws, if specified requirements are
met.
The bill would require each wholesaler and retailer in this state
to conspicuously post information describing the health hazards
associated with treated wood waste and how to safely manage, handle,
and dispose of treated wood waste. The bill would require the wood
preserving industry, by July 1, 2005, to make specified information
available to generators of treated wood waste. The bill would
require the Department of Toxic Substances Control to adopt, by
January 1, 2007, regulations establishing management standards for
treated wood waste as an alternative to the requirements specified in
the hazardous waste control laws.
The bill would require a person subject to the hazardous waste
control laws to comply with the alternative standard specified in the
regulations adopted by the department or with the requirements of
the hazardous waste control laws.
The bill would provide that 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.
The bill would require the department, by June 1, 2011, to prepare
and post on its Web site, a report that makes a determination
regarding the successful compliance with, and implementation of, the
requirements imposed by the bill. The bill would make the
requirements imposed by the bill inoperative on June 1, 2012, and,
would repeal them on January 1, 2013, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed, except for the
exemption of treated wood waste from the hazardous waste control
laws, if it is disposed of at a solid waste landfill.
Since a violation of the regulations adopted by the department
would be a crime, the bill would impose a state-mandated local
program.
(2) The bill would require the Senate Office of Research to review
and make findings regarding treated wood products by June 1, 2006.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25150.7 is added to the Health and Safety Code,
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
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 and following).
(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 25157.8, 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 pursuant to subdivision (e) or regulations adopted
pursuant to subdivision (g).
(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) Treated wood waste is exempt from the requirements of this
chapter if all of the following requirements are met:
(A) The treated wood waste is managed so as to prevent scavenging.
(B) The treated wood waste is not disposed of, except as allowed
pursuant to subdivision (d).
(C) The treated wood waste is not burned, recycled, reclaimed, or
reused, except in accordance with the applicable requirements of this
chapter and the regulations adopted pursuant to this chapter.
(D) On and after July 1, 2005, the treated wood waste is not
stored for more than 90 days and, when stored, is protected from
run-on and run-off, and placed on a surface sufficiently impervious
to prevent, to the extent practical, contact with and any leaching to
soil or water.
(E) The treated wood waste is not mixed with other wood waste
prior to disposal.
(F) The treated wood waste is handled in a manner consistent with
all applicable requirements of the California Occupational Safety and
Health Act of 1973 (Chapter 1 (commencing with Section 6300) of Part
1 of Division 5 of the Labor Code), including all rules,
regulations, and orders relating to hazardous waste.
(2) The exemption provided by this subdivision shall remain in
effect until January 1, 2007, and as of that date is inoperative.
(f) (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 (Web site) or call (toll free
number).
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 Board's available listings, and license application
packages. The department may provide guidance to the wood preserving
industry, to the extent resources permit.
(g) (1) On or before January 1, 2007, the department, in
consultation with the California Integrated Waste Management Board,
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.
(h) (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 (g) 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 (g) 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.
(i) 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.
(j) Nothing in this section may be construed to limit the
authority or responsibility of the department to adopt regulations
under any other provision of law.
(k) On or before June 1, 2011, the department shall prepare and
post on its Web site a report that makes a determination regarding
the successful compliance with, and implementation of, this section.
(l) (1) This section shall become inoperative on June 1, 2012,
and, as of January 1, 2013 is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is repealed.
(2) Notwithstanding paragraph (1), any regulations 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. Section 25150.8 is added to the Health and Safety Code, to
read:
25150.8. If treated wood waste is accepted by a solid waste
landfill that manages and disposes of the treated wood waste in
accordance with Section 25143.1.5 or paragraphs (1) and (2) of
subdivision (d) of Section 25150.7, the treated wood waste, upon
acceptance by the solid waste landfill, shall thereafter be deemed to
be a solid waste, and not a hazardous waste, for purposes of this
chapter and Section 40191 of the Public Resources Code.
SEC. 3. On or before June 1, 2006, the Senate Office of Research,
in consultation with appropriate agencies, shall review and make
findings regarding policy options concerning treated wood products.
SEC. 4. 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.