Hazardous waste: small quantity generator.

Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Existing law designates certain generators of hazardous waste in specified amounts as a "conditionally exempt small quantity generator," also known as "CESQG" for certain regulations. The term CESQG is defined with reference to a specified federal regulation that provides that a generator is a conditionally exempt small quantity generator in a calendar month if it generates no more than 100 kilograms of hazardous waste in that month and that specifies which hazardous wastes are included in, or excluded from, that calculation. That federal regulation also exempts specified amounts of acute hazardous wastes and residues from clean up of acute hazardous waste, as specified. Existing law defines the term "storage facility" for purposes of the hazardous waste control laws as including an onsite facility where the hazardous waste is held for more than 90 days and excludes certain generators of less than 1,000 kilograms of hazardous waste in a calendar month from this definition of storage facility subject to specified conditions, including compliance with specified federal waste accumulation regulations. A violation of the hazardous waste control laws is a crime. This bill would replace the terms "conditionally exempt small quantity generator" and CESQG with "very small quantity generator" and "VSQG" with reference to a different federal regulation that recasts those provisions regarding the amount of hazardous waste and which hazardous wastes are included in, or excluded from, that calculation. This bill would also change the provision referencing compliance with certain federal waste accumulation regulations as a condition for certain generators of less than 1,000 kilograms of hazardous waste in a calendar month to be excluded from the definition of storage facility to conform to updated federal waste accumulation regulations. To the extent this bill changes the conduct that constitutes the crime of violating the hazardous waste control laws, the bill would impose a state-mandated local program. 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.