AB 684

Bill Subjects

Abstract

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, 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 authorize treated wood waste to be reused only if certain conditions apply, including, among other conditions, that the reuse occurs onsite at the facility at which the treated wood waste was generated. The bill would require each wholesaler and retailer of treated wood and treated wood-like products to conspicuously post information that contains a specified message, including a certain internet website address at which more information can be found, at or near the point of display, sale, or customer selection of treated wood and treated wood-like products, as provided. The bill would require the wood preserving industry, as defined, to, in consultation with the department, maintain an internet website and prepare fact sheets and other outreach materials on the appropriate handling, disposal, and other management of treated wood waste for generators of treated wood waste and for facilities that may receive or handle treated wood waste. The bill would require the wood preserving industry to annually update and renew the outreach materials, disseminate the outreach materials, and provide a specified update to the department relating to that dissemination, as provided. The bill would require the Department of Toxic Substances Control to adopt regulations establishing management standards for treated wood waste as an alternative to the requirements specified in the hazardous waste control laws. Since a violation of the regulations adopted by the department would be a crime, the bill would impose a state-mandated local program. 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 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, on or before March 31 of each year, to produce a list that includes the generators that generated more than 10,000 pounds of treated wood waste in the previous calendar year. The bill would require the department to provide the list to a unified program agency that has in its jurisdiction a generator that is on the list. The bill would require the department, on or before July 1, 2024, and on or before July 1 annually thereafter, to post on its internet website specified information on the generation, management, and disposal of treated wood waste in the state for the previous calendar year. The bill would require the department to perform regular inspections of representative treated wood waste generator sites and treated wood waste disposal facilities. The bill would require the department, no later than March 1, 2023, to develop, and submit to specified legislative committees, an inspection and compliance plan. 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.