Hazardous materials: non-RCRA hazardous waste: landfill disposal.

Plain English Breakdown

The official source material does not provide specific penalties for violating the landfill disposal requirements.

Rules for Non-RCRA Hazardous Waste Landfills

This law sets rules for disposing non-RCRA hazardous waste in landfills that follow federal RCRA regulations and removes an old requirement about contingency plans.

What This Bill Does

• Requires non-RCRA hazardous waste to be disposed of in a landfill regulated by specific provisions of the Resource Conservation and Recovery Act (RCRA).
• Expands the duties of a CUPA (Certified Unified Program Agency) to enforce these new rules.
• Repeals an old requirement for the Department of Toxic Substances Control to update standards about contingency plans.

Who It Names or Affects

• People and companies that handle non-RCRA hazardous waste
• Landfills that accept this type of waste
• Certified Unified Program Agencies (CUPAs) enforcing these rules

Terms To Know

Non-RCRA Hazardous Waste

Hazardous waste regulated by the state but not covered under federal RCRA laws.

Certified Unified Program Agency (CUPA)

An agency that enforces hazardous waste control laws in California.

Limits and Unknowns

• The bill does not specify how much it will cost to enforce these new rules.
• It is unclear if there are any specific penalties for violating the new landfill disposal requirements.
• The bill only applies to non-RCRA hazardous waste and does not cover all types of hazardous waste.

Official Summary Text

SB 1289, as amended, Hurtado.
Hazardous waste contingency plans.
Hazardous materials: non-RCRA hazardous waste: landfill disposal.
Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Under existing law, the hazardous waste control laws are partially enforced by a certified unified program agency (CUPA) and a violation of hazardous waste control laws is a crime. Existing law defines “non-RCRA hazardous waste,” for purposes of those laws, as meaning hazardous waste that is regulated by the state, other than hazardous waste subject to the federal Resource Conservation and Recovery Act of 1976 (RCRA).
This bill would require non-RCRA hazardous waste that is destined for land disposal to be disposed of in a landfill regulated by specific provisions
of RCRA. By increasing the duties of a CUPA, and by expanding the scope of a crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Toxic Substances Control, on or before July 1, 1995, to revise any standard or regulation it has adopted that requires the preparation of a contingency plan to allow the person preparing the contingency plan to use a format adopted pursuant to a repealed provision of law.
This bill would repeal the above-specified requirement for the department to revise any standard or regulation it has adopted that requires the preparation of a contingency plan.

Current Bill Text

Download Bill PDF