Hazardous waste: business plans.

(1) Existing law generally prohibits any person from disposing of latex paint, unless authorized, but allows recyclable latex paint to be accepted at any location if certain requirements are met, including that the owners or operators of the location have a business plan that meets specified requirements. This bill would repeal the requirement that the owner or operator of the location have such a business plan in order to accept recyclable latex paint. (2) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, including a statewide information management system, for purposes of receiving data collected by unified program agencies. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program and be certified as a certified unified program agency (CUPA) , and every county is required to apply to the secretary to be certified to implement the unified program. Existing law also requires each CUPA to institute a single-fee system, with a surcharge on each person regulated by the unified program to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities in the unified hazardous waste and hazardous materials management regulatory program. Existing law requires the CUPA to implement and enforce provisions that require a business that handles a hazardous material to establish and implement a business plan. Existing law requires the business plan to be electronically submitted to the statewide information management system and requires the local agency to review and determine whether the business plan satisfies certain requirements. A person who knowingly violates this provision is guilty of a misdemeanor. The California Integrated Waste Management Act of 1989, requires a manufacturer of architectural paint or designated stewardship organization to submit to the Department of Resources Recycling and Recovery an architectural paint stewardship plan to develop and implement a recovery program to manage the end of life of postconsumer architectural paint. This bill would require a business that handles paint that will be recycled or managed under an architectural paint recovery program approved by the department to establish and implement a business plan only if the business handles 10,000 pounds of solid hazardous materials or 1,000 gallons of liquid hazardous materials. The bill would prohibit the CUPA from imposing a fee upon a business that is implementing an approved architectural paint recovery program and that is exempt from the business plan requirements for the cost of processing that exemption.   The bill would incorporate changes to Section 25507 of the Health and Safety Code proposed by both this bill and SB 1261, which would only become operative if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted after SB 1261.