Hazardous waste: public agencies: materials exchange program.

Existing law, as part of the hazardous waste control laws, authorizes a public agency or its contractor to operate a household hazardous waste collection facility for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste. Existing law authorizes a public agency to conduct a materials exchange program as a part of its household hazardous waste collection program if the public agency determines which reusable household hazardous products or materials are suitable and acceptable for distribution to the public in accordance with a quality assurance plan prepared by the public agency. Existing law imposes certain requirements for a quality assurance plan. Existing law requires a public agency to instruct a recipient to use the product in a manner consistent with the instructions on the label. A violation of the hazardous waste control laws is a crime. This bill would define "materials exchange program" for these purposes to mean a program conducted at a household hazardous waste collection facility that makes reusable household hazardous products or materials available to recipients. The bill would additionally authorize a public agency's contractor to conduct a materials exchange program and would require the contractor to provide the same instructions to a recipient. The bill would revise the requirements for the preparation and implementation of a quality assurance plan to require, among other things, a quality assurance plan prepared by a public agency, or its contractor, to be implemented at each household hazardous waste collection facility operated by the public agency, or its contractor, at which a materials exchange program is operated. The bill would require a recipient of a reusable household hazardous product or material to use the product or material in conformance with its label, use appropriate personal protection, and manage unused products or materials as required by applicable California law, or as required by any applicable law in the state in which the product or material is discarded. The bill would impose additional requirements on certain recipients that are commercial entities, including, among other requirements, that those commercial entities sign a statement certifying the accuracy of certain information under penalty of perjury. Because the bill would expand the application of a crime, it would impose a state-mandated local program. The bill would require a public agency or its contractor to immediately discontinue providing reusable household hazardous products or materials to a commercial entity if the commercial entity cannot verify its compliance with the additional requirements. Existing law requires hazardous waste to be transported to a household hazardous waste collection facility by specified entities, including, among others, a temporary household hazardous waste collection facility or a registered hazardous waste transporter carrying hazardous waste from a solid waste landfill loadcheck program or a transfer station loadcheck program under agreement with the household hazardous waste collection facility. Existing law prohibits an individual from transporting hazardous waste that exceeds a specified maximum volume or weight. This bill would additionally authorize a permanent household hazardous waste collection facility to transport hazardous waste. The bill would prohibit an individual from transporting reusable household hazardous products or materials that exceed the above-mentioned maximum volume or weight. The bill would require transportation of a reusable household hazardous product or material by a public agency or its contractor, or by a recipient, to be in compliance with all applicable shipping requirements of the United States Department of Transportation. Because a violation of these provisions would be a crime, 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 552 to be operative only if this bill and SB 552 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 no reimbursement is required by this act for a specified reason.