25244.12. This article shall be known and may be cited as the
Hazardous Waste Source Reduction and Management Review Act of 1989.
25244.13. The Legislature finds and declares as follows:
(a) Existing law requires the department and the State Water
Resources Control Board to promote the reduction of generated
hazardous waste. This policy, in combination with hazardous waste
land disposal bans, requires the rapid development of new programs
and incentives for achieving the goal of optimal minimization of the
generation of hazardous wastes. Substantial improvements and
additions to the state's hazardous waste reduction program are
required to be made if these goals are to be achieved.
(b) Hazardous waste source reduction provides substantial benefits
to the state's economy by maximizing use of materials, avoiding
generation of waste materials, improving business efficiency,
enhancing revenues of companies that provide products and services in
the state, increasing the economic competitiveness of businesses
located in the state, and protecting the state's precious and
valuable natural resources.
(c) It is the intent of the Legislature to expand the state's
hazardous waste source reduction activities beyond those directly
associated with source reduction evaluation reviews and plans. The
expanded program, which is intended to accelerate reduction in
hazardous waste generation, shall include programs to promote
implementation of source reduction measures using education,
outreach, and other effective voluntary techniques demonstrated in
California or other states.
(d) It is the intent of the Legislature for the department to
maximize the use of its available resources in implementing the
expanded source reduction program through cooperation with other
entities, including, but not limited to, CUPAs, small business
development corporations, business environmental assistance centers,
and other regional and local government environmental programs. To
the extent feasible, the department shall utilize cooperative
programs with entities that routinely contact small business to
expand its support of small business source reduction activities.
(e) It is the goal of this article to do all of the following:
(1) Reduce the generation of hazardous waste.
(2) Reduce the release into the environment of chemical
contaminants which have adverse and serious health or environmental
effects.
(3) Document hazardous waste management information and make that
information available to state and local government.
(f) It is the intent of this article to promote the reduction of
hazardous waste at its source, and wherever source reduction is not
feasible or practicable, to encourage recycling. Where it is not
feasible to reduce or recycle hazardous waste, the waste should be
treated in an environmentally safe manner to minimize the present and
future threat to health and the environment.
(g) It is the intent of the Legislature not to preclude the
regulation of environmentally harmful releases to all media,
including air, land, surface water, and groundwater, and to encourage
and promote the reduction of these releases to air, land, surface
water, and groundwater.
(h) It is the intent of the Legislature to encourage all state
departments and agencies, especially the State Water Resources
Control Board, the California regional water quality control boards,
the State Air Resources Board, the air pollution control districts,
and the air quality management districts, to promote the reduction of
environmentally harmful releases to all media.
25244.14. For purposes of this article, the following definitions
apply:
(a) "Advisory committee" means the California Source Reduction
Advisory Committee established pursuant to Section 25244.15.1.
(b) "Appropriate local agency" means a county, city, or regional
association that has adopted a hazardous waste management plan
pursuant to Article 3.5 (commencing with Section 25135).
(c) "Hazardous waste management approaches" means approaches,
methods, and techniques of managing the generation and handling of
hazardous waste, including source reduction, recycling, and the
treatment of hazardous waste.
(d) "Hazardous waste management performance report" or "report"
means the report required by subdivision (b) of Section 25244.20 to
document and evaluate the results of hazardous waste management
practices.
(e) (1) "Source reduction" means one of the following:
(A) Any action that causes a net reduction in the generation of
hazardous waste.
(B) Any action taken before the hazardous waste is generated that
results in a lessening of the properties which cause it to be
classified as a hazardous waste.
(2) "Source reduction" includes, but is not limited to, all of the
following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of hazardous waste.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(C) "Production process change," which means a change in a
process, method, or technique which is used to produce a product or a
desired result, including the return of materials or their
components, for reuse within the existing processes or operations, so
as to reduce, avoid, or eliminate the generation of hazardous waste.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(3) "Source reduction" does not include any of the following:
(A) Actions taken after a hazardous waste is generated.
(B) Actions that merely concentrate the constituents of a
hazardous waste to reduce its volume or that dilute the hazardous
waste to reduce its hazardous characteristics.
(C) Actions that merely shift hazardous wastes from one
environmental medium to another environmental medium.
(D) Treatment.
(f) "Source reduction evaluation review and plan" or "review and
plan" means a review conducted by the generator of the processes,
operations, and procedures in use at a generator's site, in
accordance with the format established by the department pursuant to
subdivision (a) of Section 25244.16, and that does both of the
following:
(1) Determines any alternatives to, or modifications of, the
generator's processes, operations, and procedures that may be
implemented to reduce the amount of hazardous waste generated.
(2) Includes a plan to document and implement source reduction
measures for the hazardous wastes specified in paragraph (1) that are
technically feasible and economically practicable for the generator,
including a reasonable implementation schedule.
(g) "SIC Code" has the same meaning as defined in Section 25501.
(h) "Hazardous waste," "person," "recycle," and "treatment" have
the same meaning as defined in Article 2 (commencing with Section
25110).
25244.15. (a) The department shall establish a program for
hazardous waste source reduction pursuant to this article.
(b) The department shall coordinate the activities of all state
agencies with responsibilities and duties relating to hazardous waste
and shall promote coordinated efforts to encourage the reduction of
hazardous waste. Coordination between the program and other relevant
state agencies and programs shall, to the fullest extent possible,
include joint planning processes and joint research and studies.
(c) The department shall adopt regulations to carry out this
article.
(d) (1) Except as provided in paragraph (3), this article applies
only to generators who, by site, routinely generate, through ongoing
processes and operations, more than 12,000 kilograms of hazardous
waste in a calendar year, or more than 12 kilograms of extremely
hazardous waste in a calendar year.
(2) The department shall adopt regulations to establish procedures
for exempting generators from the requirements of this article where
the department determines that no source reduction opportunities
exist for the generator.
(3) Notwithstanding paragraph (1), this article does not apply to
any generator whose hazardous waste generating activity consists
solely of receiving offsite hazardous wastes and generating residuals
from the processing of those hazardous wastes.
25244.15.1. (a) The California Source Reduction Advisory Committee
is hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an
ex officio member.
(2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio
member.
(4) The Executive Director of the Integrated Waste Management
Board, as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council
established pursuant to Section 71017 of the Public Resources Code,
as an ex officio member.
(6) Ten public members with experience in source reduction as
appointed by the department. These public members shall include all
of the following:
(A) Two representatives of local governments from different
regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy
organizations.
(G) One representative of a statewide public health advocacy
organization.
(7) The department may appoint up to two additional public members
with experience in source reduction and detailed knowledge of one of
the priority categories of generators selected in accordance with
Section 25244.17.1.
(b) The advisory committee shall select one member to serve as
chairperson.
(c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
shall be reimbursed for all reasonable expenses incurred in the
performance of his or her duties, as authorized by the department.
(d) The advisory committee shall meet at least semiannually to
provide a public forum for discussion and deliberation on matters
pertaining to the implementation of this chapter.
(e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the
preparation of the work plan required by Section 25244.22.
(2) Evaluating the performance and progress of the department's
source reduction program.
(3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
(f) The advisory committee established by this section shall be in
existence until April 15, 2002, by which date the department shall,
in consultation with the advisory committee, evaluate the role and
activities of the advisory committee and determine if the committee
is beneficial to the implementation of this article. On and after
April 15, 2002, the advisory committee shall continue to exist and
operate to the extent that the department, in consultation with the
advisory committee, determines the advisory committee continues to be
beneficial to the operation of the department's source reduction
programs.
25244.16. The department shall do both of the following:
(a) Adopt a format to be used by generators for completing the
review and plan required by Section 25244.19, and the report required
by Section 25244.20. The format shall include at least all of the
factors the generator is required to include in the review and plan
and the report. The department may include any other factor
determined by the department to be necessary to carry out this
article. The adoption of a format pursuant to this subdivision is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Establish a data and information system to be used by the
department for developing the categories of generators specified in
Section 25244.18, and for processing and evaluating the source
reduction and other hazardous waste management information submitted
by generators pursuant to Section 25244.18. In establishing the data
and information system, the department shall do all of the following:
(1) Establish methods and procedures for appropriately processing
or managing hazardous waste source reduction and management
information.
(2) Use the data management expertise, resources, and forms of
already established environmental protection programs, to the extent
practicable.
(3) Establish computerized data retrieval and data processing
systems, including safeguards to protect trade secrets designated
pursuant to Section 25244.23.
(4) Identify additional data and information needs of the program.
25244.17. The department shall establish a technical and research
assistance program to assist generators in identifying and applying
methods of source reduction and other hazardous waste management
approaches. The program shall emphasize assistance to smaller
businesses that have inadequate technical and financial resources for
obtaining information, assessing source reduction methods, and
developing and applying source reduction techniques. The program
shall include at least all of the following elements, which shall be
carried out by the department:
(a) The department shall encourage programs by private or public
consultants, including onsite consultation at sites or locations
where hazardous waste is generated, to aid those generators requiring
assistance in developing and implementing the review and plan, the
plan summary, the report, and the report summary required by this
article.
(b) The department shall conduct review and plan assistance
programs, seminars, workshops, training programs, and other similar
activities to assist generators to evaluate source reduction
alternatives and to identify opportunities for source reduction.
(c) The department shall establish a program to assemble,
catalogue, and disseminate information about hazardous waste source
reduction methods, available consultant services, and regulatory
requirements.
(d) The department shall identify the range of generic and
specific technical solutions that can be applied by particular types
of hazardous waste generators to reduce hazardous waste generation.
25244.17.1. The department shall establish a technical assistance
and outreach program to promote implementation of model source
reduction measures in priority industry categories.
(a) Every two years, in the work plan required by Section
25244.22, the department shall, in consultation with the advisory
committee, select at least four priority categories of generators by
SIC Code. At least one selected category of generators shall be taken
from the list of categories previously selected by the department
under Section 25244.18. At least one selected category of generators
shall be a category that consists primarily of small businesses. At
least one selected category of generators shall be a category that
consists primarily of businesses affected by an action taken by the
department pursuant to Article 14 (commencing with Section 25251) of
Chapter 6.5 of Division 20.
(b) For each selected priority industry category, the department
shall implement a cooperative source reduction technical assistance
and outreach program to include the following elements:
(1) The department shall use available resources, including
reports prepared pursuant to paragraph (4) of subdivision (a) of
Section 25244.18 and information on source reduction methods from
federal, state, and local governments and industry associations and
industry members, to identify a set of model source reduction
measures for each industry category.
(2) The department shall determine, with the assistance of the
advisory committee, the most effective technical assistance and
outreach methods to promote implementation of the model source
reduction measures identified in paragraph (1).
(3) The department shall develop a plan and schedule to implement
the technical assistance and outreach measures before the next
biennial work plan. The measures may include, but are not limited to,
all of the following:
(A) Holding, presenting at, or cosponsoring workshops,
conferences, technology fairs, and other promotional events.
(B) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects.
(C) Developing checklists, training manuals, and technical
resource manuals and using those resources to train CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs.
(D) Preparing and distributing resource lists, such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(E) Serving as an information clearinghouse to support telephone
and onsite consultations with businesses and local governments.
(4) For industry categories that include primarily large or
technically complex businesses, the source reduction technical
assistance and outreach program shall emphasize activities that
involve direct communication between department staff and industry
members. For these industry categories, the department shall
communicate with representatives of 80 percent of the state's
companies in the category. For categories that consist primarily of
small businesses, the cooperative source reduction program shall
emphasize providing industry-specific training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs for use in their inspections and
other direct communications with businesses.
(c) While conducting activities under this section, the department
shall coordinate its activities with appropriate industry and
professional associations.
(d) The department shall coordinate activities under this section
with grants made under Section 25244.5.
25244.17.2. The department shall expand the department's source
reduction program to provide source reduction training and resources
to CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs so that they can provide technical
assistance to generators in identifying and applying methods of
source reduction.
(a) The program expanded pursuant to this section shall emphasize
activities necessary to implement Sections 25244.17 and 25244.17.1.
(b) The department shall determine, in consultation with the
advisory committee, the most effective methods to promote
implementation of source reduction education programs by CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs. Program elements may include, but are not limited to, all
of the following:
(1) Sponsoring workshops, conferences, technology fairs, and other
training events.
(2) Sponsoring regional training groups, such as the regional
hazardous waste reduction committees.
(3) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects and
materials explaining how source reduction has been used by businesses
to achieve compliance with environmental laws enforced by local
governments.
(4) Developing site review checklists, training manuals, and
technical resource manuals and using those resources to train CUPAs,
small business development corporations, business environmental
assistance centers, and other regional and local government
environmental programs.
(5) Preparing and distributing resource lists such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(6) Serving as an information clearinghouse to support telephone
and onsite consultants with local governments.
(c) The department shall coordinate activities under this section
with grants made under Section 25244.11.5.
(d) Each fiscal year, the department shall provide training and
information resources to at least 90 percent of CUPAs.
25244.18. (a) On or before September 15, 1991, and every two years
thereafter, the department shall select at least two categories of
generators by SIC Code with potential for source reduction, and, for
each category, shall do all of the following:
(1) Request that selected generators in the category provide the
department, on a timely basis, with a copy of the generator's
completed review and plan and with a copy of the generator's
completed report.
(2) Examine the review and plan and the report of selected
generators in the category.
(3) Ensure that the selected generators in that category comply
with Sections 25244.19 and 25244.20.
(4) Identify successful source reduction and other hazardous waste
management approaches employed by generators in the category and
disseminate information concerning those approaches to generators
within the category.
(b) In carrying out subdivision (a), the department shall not
disseminate information determined to be a trade secret pursuant to
Section 25244.23.
(c) The department or the unified program agency may request from
any generator, and the generator shall provide within 30 days from
the date of the request, a copy of the generator's review and plan or
report. The department or the unified program agency may evaluate
any of those documents submitted to the department or the unified
program agency to determine whether it satisfies the requirements of
this article.
(d) (1) If the department or the unified program agency determines
that a generator has not completed the review and plan in the manner
required by Section 25244.19, or the report in the manner required
by Section 25244.20, the department or the unified program agency
shall provide the generator with a notice of noncompliance,
specifying the deficiencies in the review and plan or report
identified by the department. If the department or the unified
program agency finds that the review and plan does not comply with
Section 25244.19, the department or the unified program agency shall
consider the review and plan to be incomplete. A generator shall file
a revised review and plan or report correcting the deficiencies
identified by the department or the unified program agency within 60
days from the date of the receipt of the notice. The department or
the unified program agency may grant, in response to a written
request from the generator, an extension of the 60-day deadline, for
cause, except that the department or the unified program agency shall
not grant that extension for more than an additional 60 days.
(2) If a generator fails to submit a revised review and plan or
report complying with the requirements of this article within the
required period, or if the department or unified program agency
determines that a generator has failed to implement the measures
included in the generator's review and plan for reducing the
generator's hazardous waste, in accordance with Section 25244.19, the
department or the unified program agency may impose civil penalties
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2, seek an order directing
compliance pursuant to Section 25181, or enter into a consent
agreement or a compliance schedule with the generator.
(e) If a generator fails to implement a measure specified in the
review and plan pursuant to paragraph (5) of subdivision (b) of
Section 25244.19, the generator shall not be deemed to be in
violation of Section 25244.19 for not implementing the selected
measure if the generator does both of the following:
(1) The generator finds that, upon further analysis or as a result
of unexpected consequences, the selected measure is not technically
feasible or economically practicable, or if the selected approach has
resulted in any of the following:
(A) An increase in the generation of hazardous waste.
(B) An increase in the release of hazardous chemical contaminants
to other media.
(C) Adverse impacts on product quality.
(D) A significant increase in the risk of an adverse impact to
human health or the environment.
(2) The generator revises the review and plan to comply with the
requirements of Section 25244.19.
(f) When taking enforcement action pursuant to this article, the
department or the unified program agency shall not judge the
appropriateness of any decisions or proposed measures contained in a
review and plan or report, but shall only determine whether the
review and plan or report is complete, prepared, and implemented in
accordance with this article.
(g) In addition to the unified program agency, an appropriate
local agency that has jurisdiction over a generator's site may
request from the generator, and the generator shall provide within 30
days from the date of that request, a copy of the generator's
current review and plan and report.
25244.19. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall conduct a source reduction
evaluation review and plan pursuant to subdivision (b).
(b) Except as provided in subdivision (c), the source reduction
evaluation review and plan required by subdivision (a) shall be
conducted and completed for each site pursuant to the format adopted
pursuant to subdivision (a) of Section 25244.16 and shall include, at
a minimum, all of the following:
(1) The name and location of the site.
(2) The SIC Code of the site.
(3) Identification of all routinely generated hazardous waste
streams that annually weigh 600 kilograms or more and that result
from ongoing processes or operations and exceed 5 percent of the
total yearly weight of hazardous waste generated at the site, or, for
extremely hazardous waste, that annually weigh 0.6 kilograms or more
and exceed 5 percent of the total yearly weight of extremely
hazardous waste generated at the site. For purposes of this
paragraph, a hazardous waste stream identified pursuant to this
paragraph shall also meet one of the following criteria:
(A) It is a hazardous waste stream processed in a wastewater
treatment unit that discharges to a publicly owned treatment works or
under a national pollutant discharge elimination system (NPDES)
permit, as specified in the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1251 and following).
(B) It is a hazardous waste stream that is not processed in a
wastewater treatment unit and its weight exceeds 5 percent of the
weight of the total yearly volume at the site, less the weight of any
hazardous waste stream identified in subparagraph (A).
(4) For each hazardous waste stream identified in paragraph (3),
the review and plan shall include all of the following information:
(A) An estimate of the quantity of hazardous waste generated.
(B) An evaluation of source reduction approaches available to the
generator that are potentially viable. The evaluation shall consider
at least all of the following source reduction approaches:
(i) Input change.
(ii) Operational improvement.
(iii) Production process change.
(iv) Product reformulation.
(5) A specification of, and a rationale for, the technically
feasible and economically practicable source reduction measures that
will be taken by the generator with respect to each hazardous waste
stream identified in paragraph (3). The review and plan shall fully
document any statement explaining the generator's rationale for
rejecting any available source reduction approach identified in
paragraph (4).
(6) An evaluation, and, to the extent practicable, a
quantification, of the effects of the chosen source reduction method
on emissions and discharges to air, water, or land.
(7) A timetable for making reasonable and measurable progress
towards implementation of the selected source reduction measures
specified in paragraph (5).
(8) Certification pursuant to subdivision (d).
(9) Any generator subject to this article shall include in its
source reduction evaluation review and plan four-year numerical goals
for reducing the generation of hazardous waste streams through the
approaches provided for in subparagraph (B) of paragraph (4), based
upon its best estimate of what is achievable in that four-year
period.
(10) A summary progress report that briefly summarizes and, to the
extent practicable, quantifies, in a manner that is understandable
to the general public, the results of implementing the source
reduction methods identified in the generator's review and plan for
each waste stream addressed by the previous plan over the previous
four years. The report shall also include an estimate of the amount
of reduction that the generator anticipates will be achieved by the
implementation of source reduction methods during the period between
the preparation of the review and plan and the preparation of the
generator's next review and plan. Notwithstanding any other provision
of this section, the summary progress report required to be prepared
pursuant to this paragraph shall be submitted to the department on
or before September 1, 1999, and every four years thereafter.
(c) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite review and plan addressing all of these sites.
(d) Every review and plan conducted pursuant to this section shall
be submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management. The engineer, individual, or environmental assessor
shall certify the review and plan only if the review and plan meet
all of the following requirements:
(1) The review and plan addresses each hazardous waste stream
identified pursuant to paragraph (3) of subdivision (b).
(2) The review and plan addresses the source reduction approaches
specified in subparagraph (B) of paragraph (4) of subdivision (b).
(3) The review and plan clearly sets forth the measures to be
taken with respect to each hazardous waste stream for which source
reduction has been found to be technically feasible and economically
practicable, with timetables for making reasonable and measurable
progress, and properly documents the rationale for rejecting
available source reduction measures.
(4) The review and plan does not merely shift hazardous waste from
one environmental medium to another environmental medium by
increasing emissions or discharges to air, water, or land.
(e) At the time a review and plan is submitted to the department
or the unified program agency, the generator shall certify that the
generator has implemented, is implementing, or will be implementing,
the source reduction measures identified in the review and plan in
accordance with the implementation schedule contained in the review
and plan. A generator may determine not to implement a measure
selected in paragraph (5) of subdivision (b) only if the generator
determines, upon conducting further analysis or due to unexpected
circumstances, that the selected measure is not technically feasible
or economically practicable, or if attempts to implement that measure
reveal that the measure would result in, or has resulted in, any of
the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in the release of hazardous chemicals to other
environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to
human health or the environment.
(f) If the generator elects not to implement the review and plan,
including, but not limited to, a selected measure pursuant to
subdivision (e), the generator shall amend its review and plan to
reflect that election and include in the review and plan proper
documentation identifying the rationale for that election.
25244.20. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall prepare a hazardous waste management
performance report documenting hazardous waste management approaches
implemented by the generator.
(b) Except as provided in subdivision (d), the hazardous waste
management performance report required by subdivision (a) shall be
prepared for each site in accordance with the format adopted pursuant
to subdivision (a) of Section 25244.16 and shall include all of the
following:
(1) The name and location of the site.
(2) The SIC Code for the site.
(3) All of the following information for each waste stream
identified pursuant to paragraph (3) of subdivision (b) of Section
25244.19:
(A) An estimate of the quantity of hazardous waste generated and
the quantity of hazardous waste managed, both onsite and offsite,
during the current reporting year and the baseline year, as specified
in subdivision (c).
(B) An abstract for each source reduction, recycling, or treatment
technology implemented from the baseline year through the current
reporting year, if the reporting year is different from the baseline
year.
(C) A description of factors during the current reporting year
that have affected hazardous waste generation and onsite and offsite
hazardous waste management since the baseline year, including, but
not limited to, any of the following:
(i) Changes in business activity.
(ii) Changes in waste classification.
(iii) Natural phenomena.
(iv) Other factors that have affected either the quantity of
hazardous waste generated or onsite and offsite hazardous waste
management requirements.
(4) The certification of the report pursuant to subdivision (e).
(c) For purposes of subdivision (b), the following definitions
apply:
(1) The current reporting year is the calendar year immediately
preceding the year in which the report is to be prepared.
(2) The baseline year is either of the following, whichever is
applicable:
(A) For the initial report, the baseline year is the calendar year
selected by the generator for which substantial hazardous waste
generation, or onsite or offsite management, data is available prior
to 1991.
(B) For all subsequent reports, the baseline year is the current
reporting year of the immediately preceding report.
(d) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite report addressing all of these sites.
(e) Every report completed pursuant to this section shall be
submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management. The engineer, individual, or environmental assessor
shall certify the report only if the report identifies factors that
affect the generation and onsite and offsite management of hazardous
wastes and summarizes the effect of those factors on the generation
and onsite and offsite management of hazardous wastes.
25244.21. (a) Every generator shall retain the original of the
current review and plan and report, shall maintain a copy of the
current review and plan and report at each site, or, for a multisite
review and plan or report, at a central location, and upon request,
shall make it available to any authorized representative of the
department or the unified program agency conducting an inspection
pursuant to Section 25185. If a generator fails, within five days, to
make available to the inspector the review and plan or report, the
department, the unified program agency, or any authorized
representative of the department, or of the unified program agency,
conducting an inspection pursuant to Section 25185, shall, if
appropriate, impose a civil penalty pursuant to Section 25187, in an
amount not to exceed one thousand dollars ($1,000) for each day the
violation of this article continues, notwithstanding Section 25189.2.
(b) If a generator fails to respond to a request for a copy of its
review and plan or report made by the department or a unified
program agency pursuant to subdivision (c) of Section 25244.18, or by
a local agency pursuant to subdivision (g) of Section 25244.18,
within 30 days from the date of the request, the department or
unified program agency shall, if appropriate, assess a civil penalty
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2.
(c) (1) Any person may request the department to certify that a
generator is in compliance with this article by having the department
certify that the generator has properly completed the review and
plan and report required pursuant to Sections 25244.19 and 25244.20.
The department shall respond within 60 days to a request for
certification. Upon receiving a request for certification, the
department shall request from the generator, who is the subject of
the request, a copy of the generator's review and plan and report,
pursuant to subdivision (c) of Section 25244.19, if the department
does not have these documents. The department shall forward a copy of
the review and plan and report to the person requesting
certification, within 10 days from the date that the department
receives the request for certification or receives the review and
plan and report, whichever is later. The department shall protect
trade secrets in accordance with Section 25244.23 in a review and
plan or report, requested to be released pursuant to this
subdivision.
(2) This subdivision does not prohibit any person from directly
requesting from a generator a copy of the review and plan or report.
Solely for the purposes of responding to a request pursuant to this
subdivision, the department shall deem the review and plan or report
to be a public record subject to Section 25152.5, and shall act in
compliance with that section.
25244.22. Commencing May 1, 2000, and on or before January 15 of
every other year thereafter, the department shall prepare, and make
available for public review within five days thereafter, a draft work
plan for the department's operations and activities in carrying out
this article. The department shall prepare the work plan in
consultation with the advisory committee and with other interested
parties, including local government, industry, labor, health, and
environmental organizations. After holding a public meeting of the
advisory committee to discuss the draft work plan, the department
shall finalize the work plan on or before June 15, 2000, and on or
before April 1 of every other year thereafter. The department may
include this work plan within the report required pursuant to Section
25171. This work plan shall include, but not be limited to, all of
the following information:
(a) A summary analysis of readily available data on the state's
hazardous waste generation and management patterns. The analysis
shall include information from various data sources including
hazardous waste manifests, biennial generator reports, and United
States Environmental Protection Agency Toxics Release Inventory
reports. The department shall estimate the quantities of hazardous
waste generated in the state, by hazardous waste stream, the amounts
of hazardous waste generated in the state by industry SIC Code, and
the amounts of hazardous waste state generators sent offsite for
management, by management method.
(b) An evaluation of hazardous waste source reduction progress in
this state, using the data summary analysis prepared pursuant to
subdivision (a).
(c) Recommendations for legislation.
(d) Identification of any state, federal, or private economic and
financial incentives that can best accelerate and maximize the
research and development of source reduction and other hazardous
waste management technologies and approaches.
(e) The status, funding, and results of all research projects.
(f) A detailed summary of the extent to which the statewide goal
of 5 percent per year reduction of the generation of hazardous
wastes, pursuant to subdivision (e) of Section 25244.15, has been
attained, and a detailed summary of the extent to which different
categories of facilities have attained the numerical goals
established pursuant to paragraph (9) of subdivision (b) of Section
25244.19. This summary, which shall use the data summary analysis
prepared pursuant to subdivision (a), shall include an evaluation by
the department of the reasons why these goals have or have not been
attained, including an evaluation of the impact of economic growth or
decline and changes in production patterns, and a list of
appropriate recommendations designed to ensure attainment of these
goals.
(g) An outline of the department's operations and activities under
this article proposed for the next two-year period. The department
shall use the data summary analysis prepared pursuant to subdivision
(a) to select hazardous waste stream and industries for source
reduction efforts. When identifying activities for inclusion in the
work plan, the department shall also consider potential benefits to
human health and the environment, available resources, feasibility of
applying source reduction techniques to reduce selected hazardous
waste streams and to reduce hazardous wastes generated by selected
industries, and availability of related resources from other
entities, such as other states, the federal government, local
governments, and other organizations.
25244.23. (a) (1) The department shall adopt regulations to ensure
that trade secrets designated by a generator in all or a portion of
the review and plan or the report required by this article are
utilized by the director, the department, the unified program agency,
or the appropriate local agency only in connection with the
responsibilities of the department pursuant to this article, and that
those trade secrets are not otherwise disseminated by the director,
the department, the unified program agency, or any authorized
representative of the department, or the appropriate local agency,
without the consent of the generator.
(2) Any information subject to this section shall be made
available to governmental agencies for use in making studies and for
use in judicial review or enforcement proceedings involving the
person furnishing the information.
(3) As provided by Section 25159.5, the regulations adopted
pursuant to this subdivision shall conform with the corresponding
trade secret regulations adopted by the Environmental Protection
Agency pursuant to the federal act, except that the regulations
adopted by the department may be more stringent or more extensive
than the federal trade secret regulations.
(4) "Trade secrets," as used in this section, may include, but are
not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information that is not patented, that is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and that gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The department, the unified program agency, and the
appropriate local agency shall protect from disclosure any trade
secret designated by the generator pursuant to this section. The
department shall make available information concerning source
reduction approaches that have proved successful, and that do not
constitute a trade secret, when carrying out subdivision (c) of
Section 25244.17 and to subdivision (a) of Section 25244.18.
(c) This section does not permit a generator to refuse to disclose
the information required pursuant to this article to the department,
the unified program agency, or the appropriate local agency, an
officer or employee of the department, the unified program agency, or
the appropriate local agency, in connection with the official duties
of that officer or employee under this article.
(d) Any officer or employee of the department, the unified program
agency, or the appropriate local agency, or any other person, who,
because of his or her employment or official position, has possession
of, or has access to, confidential information, and who, knowing
that disclosure of the information to the general public is
prohibited by this section, knowingly and willfully discloses the
information in any manner to any person not entitled to receive it,
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail not exceeding six months,
by a fine not exceeding one thousand dollars ($1,000), or by both
the fine and imprisonment.
25244.24. (a) For purposes of this section the following
definitions shall apply:
(1) "Program" means the voluntary program to reduce hazardous
waste generation established by this section.
(2) "Release" means a release of a chemical into the environment
in any manner and by any means. "Release" includes, but is not
limited to, any release authorized or permitted pursuant to a
statute, ordinance, regulation, or rule of any federal, state, local,
or regional agency or government or by a permit, license, variance
or other authorization from the agency or government.
(b) On or before October 1, 2000, the department shall, in
consultation with the advisory committee established pursuant to
Section 25244.15.1, conduct an inventory and analysis of low-cost
voluntary programs that are, or have been conducted by other states,
the federal government, or local government entities to reduce
hazardous waste generation and other environmental releases of toxic
chemicals, and shall develop recommendations for programs that would
be effective and feasible in California, based on the inventory and
analysis.
(c) In consultation with the advisory committee, large businesses,
and the public, the department shall develop a low-cost voluntary
program to further reduce generation of hazardous waste by large
businesses in California. The program shall be designed to promote
cooperative relationships between California business and the
department, while creating a significant environmental benefit from
reduced hazardous waste generation. The department shall include the
program in the work plan required by Section 25244.22 on or before
January 15, 2002.
(d) In designing and implementing the program the department shall
take into consideration all of the following:
(1) Estimates of the volumes of potential reductions of hazardous
waste generation and other possible program benefits.
(2) The types of facilities expected to participate and their
current hazardous waste generation and other releases of toxic
chemicals into the environment.
(3) The potential for reductions in hazardous waste generation
resulting in an increase in releases of toxic chemicals to a
different environmental medium.
(4) The potential public health and environmental benefits of the
program.
(5) Methods for publicizing the program and encouraging facilities
throughout the state to participate in the program.
(6) Providing appropriate public recognition of facilities that
successfully are participating in the program.
(7) Establishing a means for monitoring the progress that each
facility participating in the program is making toward implementing
the program.
(8) Establishing methods for evaluating the implementation of the
inventory, analysis, and program and for reporting on the progress of
the program in the work plan required pursuant to Section 25244.22.
(9) Procedures for providing technical support to program
participants to assist with the implementation of the program.
(e) Participation in the program shall not create a presumption
that the participating facility has determined that any chemical
release reduction measure is technically feasible or economically
practicable pursuant to any other provision of law.
(f) Actions of the department pursuant to this section are exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Division 3 of Title 2 of the Government Code.
(g) If, on the basis of the inventory and analysis required by in
subdivision (b), the department finds that it is not possible to
design and implement, at relatively low cost, a voluntary program to
promote cooperative relationships between California business and the
department, while creating a significant environmental benefit, and
the advisory committee concurs with this finding, the department is
not required to implement the program.
25244.12. This article shall be known and may be cited as the
Hazardous Waste Source Reduction and Management Review Act of 1989.
25244.13. The Legislature finds and declares as follows:
(a) Existing law requires the department and the State Water
Resources Control Board to promote the reduction of generated
hazardous waste. This policy, in combination with hazardous waste
land disposal bans, requires the rapid development of new programs
and incentives for achieving the goal of optimal minimization of the
generation of hazardous wastes. Substantial improvements and
additions to the state's hazardous waste reduction program are
required to be made if these goals are to be achieved.
(b) Hazardous waste source reduction provides substantial benefits
to the state's economy by maximizing use of materials, avoiding
generation of waste materials, improving business efficiency,
enhancing revenues of companies that provide products and services in
the state, increasing the economic competitiveness of businesses
located in the state, and protecting the state's precious and
valuable natural resources.
(c) It is the intent of the Legislature to expand the state's
hazardous waste source reduction activities beyond those directly
associated with source reduction evaluation reviews and plans. The
expanded program, which is intended to accelerate reduction in
hazardous waste generation, shall include programs to promote
implementation of source reduction measures using education,
outreach, and other effective voluntary techniques demonstrated in
California or other states.
(d) It is the intent of the Legislature for the department to
maximize the use of its available resources in implementing the
expanded source reduction program through cooperation with other
entities, including, but not limited to, CUPAs, small business
development corporations, business environmental assistance centers,
and other regional and local government environmental programs. To
the extent feasible, the department shall utilize cooperative
programs with entities that routinely contact small business to
expand its support of small business source reduction activities.
(e) It is the goal of this article to do all of the following:
(1) Reduce the generation of hazardous waste.
(2) Reduce the release into the environment of chemical
contaminants which have adverse and serious health or environmental
effects.
(3) Document hazardous waste management information and make that
information available to state and local government.
(f) It is the intent of this article to promote the reduction of
hazardous waste at its source, and wherever source reduction is not
feasible or practicable, to encourage recycling. Where it is not
feasible to reduce or recycle hazardous waste, the waste should be
treated in an environmentally safe manner to minimize the present and
future threat to health and the environment.
(g) It is the intent of the Legislature not to preclude the
regulation of environmentally harmful releases to all media,
including air, land, surface water, and groundwater, and to encourage
and promote the reduction of these releases to air, land, surface
water, and groundwater.
(h) It is the intent of the Legislature to encourage all state
departments and agencies, especially the State Water Resources
Control Board, the California regional water quality control boards,
the State Air Resources Board, the air pollution control districts,
and the air quality management districts, to promote the reduction of
environmentally harmful releases to all media.
25244.14. For purposes of this article, the following definitions
apply:
(a) "Advisory committee" means the California Source Reduction
Advisory Committee established pursuant to Section 25244.15.1.
(b) "Appropriate local agency" means a county, city, or regional
association that has adopted a hazardous waste management plan
pursuant to Article 3.5 (commencing with Section 25135).
(c) "Hazardous waste management approaches" means approaches,
methods, and techniques of managing the generation and handling of
hazardous waste, including source reduction, recycling, and the
treatment of hazardous waste.
(d) "Hazardous waste management performance report" or "report"
means the report required by subdivision (b) of Section 25244.20 to
document and evaluate the results of hazardous waste management
practices.
(e) (1) "Source reduction" means one of the following:
(A) Any action that causes a net reduction in the generation of
hazardous waste.
(B) Any action taken before the hazardous waste is generated that
results in a lessening of the properties which cause it to be
classified as a hazardous waste.
(2) "Source reduction" includes, but is not limited to, all of the
following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of hazardous waste.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(C) "Production process change," which means a change in a
process, method, or technique which is used to produce a product or a
desired result, including the return of materials or their
components, for reuse within the existing processes or operations, so
as to reduce, avoid, or eliminate the generation of hazardous waste.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(3) "Source reduction" does not include any of the following:
(A) Actions taken after a hazardous waste is generated.
(B) Actions that merely concentrate the constituents of a
hazardous waste to reduce its volume or that dilute the hazardous
waste to reduce its hazardous characteristics.
(C) Actions that merely shift hazardous wastes from one
environmental medium to another environmental medium.
(D) Treatment.
(f) "Source reduction evaluation review and plan" or "review and
plan" means a review conducted by the generator of the processes,
operations, and procedures in use at a generator's site, in
accordance with the format established by the department pursuant to
subdivision (a) of Section 25244.16, and that does both of the
following:
(1) Determines any alternatives to, or modifications of, the
generator's processes, operations, and procedures that may be
implemented to reduce the amount of hazardous waste generated.
(2) Includes a plan to document and implement source reduction
measures for the hazardous wastes specified in paragraph (1) that are
technically feasible and economically practicable for the generator,
including a reasonable implementation schedule.
(g) "SIC Code" has the same meaning as defined in Section 25501.
(h) "Hazardous waste," "person," "recycle," and "treatment" have
the same meaning as defined in Article 2 (commencing with Section
25110).
25244.15. (a) The department shall establish a program for
hazardous waste source reduction pursuant to this article.
(b) The department shall coordinate the activities of all state
agencies with responsibilities and duties relating to hazardous waste
and shall promote coordinated efforts to encourage the reduction of
hazardous waste. Coordination between the program and other relevant
state agencies and programs shall, to the fullest extent possible,
include joint planning processes and joint research and studies.
(c) The department shall adopt regulations to carry out this
article.
(d) (1) Except as provided in paragraph (3), this article applies
only to generators who, by site, routinely generate, through ongoing
processes and operations, more than 12,000 kilograms of hazardous
waste in a calendar year, or more than 12 kilograms of extremely
hazardous waste in a calendar year.
(2) The department shall adopt regulations to establish procedures
for exempting generators from the requirements of this article where
the department determines that no source reduction opportunities
exist for the generator.
(3) Notwithstanding paragraph (1), this article does not apply to
any generator whose hazardous waste generating activity consists
solely of receiving offsite hazardous wastes and generating residuals
from the processing of those hazardous wastes.
25244.15.1. (a) The California Source Reduction Advisory Committee
is hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an
ex officio member.
(2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio
member.
(4) The Executive Director of the Integrated Waste Management
Board, as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council
established pursuant to Section 71017 of the Public Resources Code,
as an ex officio member.
(6) Ten public members with experience in source reduction as
appointed by the department. These public members shall include all
of the following:
(A) Two representatives of local governments from different
regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy
organizations.
(G) One representative of a statewide public health advocacy
organization.
(7) The department may appoint up to two additional public members
with experience in source reduction and detailed knowledge of one of
the priority categories of generators selected in accordance with
Section 25244.17.1.
(b) The advisory committee shall select one member to serve as
chairperson.
(c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
shall be reimbursed for all reasonable expenses incurred in the
performance of his or her duties, as authorized by the department.
(d) The advisory committee shall meet at least semiannually to
provide a public forum for discussion and deliberation on matters
pertaining to the implementation of this chapter.
(e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the
preparation of the work plan required by Section 25244.22.
(2) Evaluating the performance and progress of the department's
source reduction program.
(3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
(f) The advisory committee established by this section shall be in
existence until April 15, 2002, by which date the department shall,
in consultation with the advisory committee, evaluate the role and
activities of the advisory committee and determine if the committee
is beneficial to the implementation of this article. On and after
April 15, 2002, the advisory committee shall continue to exist and
operate to the extent that the department, in consultation with the
advisory committee, determines the advisory committee continues to be
beneficial to the operation of the department's source reduction
programs.
25244.16. The department shall do both of the following:
(a) Adopt a format to be used by generators for completing the
review and plan required by Section 25244.19, and the report required
by Section 25244.20. The format shall include at least all of the
factors the generator is required to include in the review and plan
and the report. The department may include any other factor
determined by the department to be necessary to carry out this
article. The adoption of a format pursuant to this subdivision is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Establish a data and information system to be used by the
department for developing the categories of generators specified in
Section 25244.18, and for processing and evaluating the source
reduction and other hazardous waste management information submitted
by generators pursuant to Section 25244.18. In establishing the data
and information system, the department shall do all of the following:
(1) Establish methods and procedures for appropriately processing
or managing hazardous waste source reduction and management
information.
(2) Use the data management expertise, resources, and forms of
already established environmental protection programs, to the extent
practicable.
(3) Establish computerized data retrieval and data processing
systems, including safeguards to protect trade secrets designated
pursuant to Section 25244.23.
(4) Identify additional data and information needs of the program.
25244.17. The department shall establish a technical and research
assistance program to assist generators in identifying and applying
methods of source reduction and other hazardous waste management
approaches. The program shall emphasize assistance to smaller
businesses that have inadequate technical and financial resources for
obtaining information, assessing source reduction methods, and
developing and applying source reduction techniques. The program
shall include at least all of the following elements, which shall be
carried out by the department:
(a) The department shall encourage programs by private or public
consultants, including onsite consultation at sites or locations
where hazardous waste is generated, to aid those generators requiring
assistance in developing and implementing the review and plan, the
plan summary, the report, and the report summary required by this
article.
(b) The department shall conduct review and plan assistance
programs, seminars, workshops, training programs, and other similar
activities to assist generators to evaluate source reduction
alternatives and to identify opportunities for source reduction.
(c) The department shall establish a program to assemble,
catalogue, and disseminate information about hazardous waste source
reduction methods, available consultant services, and regulatory
requirements.
(d) The department shall identify the range of generic and
specific technical solutions that can be applied by particular types
of hazardous waste generators to reduce hazardous waste generation.
25244.17.1. The department shall establish a technical assistance
and outreach program to promote implementation of model source
reduction measures in priority industry categories.
(a) Every two years, in the work plan required by Section
25244.22, the department shall, in consultation with the advisory
committee, select at least four priority categories of generators by
SIC Code. At least one selected category of generators shall be taken
from the list of categories previously selected by the department
under Section 25244.18. At least one selected category of generators
shall be a category that consists primarily of small businesses. At
least one selected category of generators shall be a category that
consists primarily of businesses affected by an action taken by the
department pursuant to Article 14 (commencing with Section 25251) of
Chapter 6.5 of Division 20.
(b) For each selected priority industry category, the department
shall implement a cooperative source reduction technical assistance
and outreach program to include the following elements:
(1) The department shall use available resources, including
reports prepared pursuant to paragraph (4) of subdivision (a) of
Section 25244.18 and information on source reduction methods from
federal, state, and local governments and industry associations and
industry members, to identify a set of model source reduction
measures for each industry category.
(2) The department shall determine, with the assistance of the
advisory committee, the most effective technical assistance and
outreach methods to promote implementation of the model source
reduction measures identified in paragraph (1).
(3) The department shall develop a plan and schedule to implement
the technical assistance and outreach measures before the next
biennial work plan. The measures may include, but are not limited to,
all of the following:
(A) Holding, presenting at, or cosponsoring workshops,
conferences, technology fairs, and other promotional events.
(B) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects.
(C) Developing checklists, training manuals, and technical
resource manuals and using those resources to train CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs.
(D) Preparing and distributing resource lists, such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(E) Serving as an information clearinghouse to support telephone
and onsite consultations with businesses and local governments.
(4) For industry categories that include primarily large or
technically complex businesses, the source reduction technical
assistance and outreach program shall emphasize activities that
involve direct communication between department staff and industry
members. For these industry categories, the department shall
communicate with representatives of 80 percent of the state's
companies in the category. For categories that consist primarily of
small businesses, the cooperative source reduction program shall
emphasize providing industry-specific training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs for use in their inspections and
other direct communications with businesses.
(c) While conducting activities under this section, the department
shall coordinate its activities with appropriate industry and
professional associations.
(d) The department shall coordinate activities under this section
with grants made under Section 25244.5.
25244.17.2. The department shall expand the department's source
reduction program to provide source reduction training and resources
to CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs so that they can provide technical
assistance to generators in identifying and applying methods of
source reduction.
(a) The program expanded pursuant to this section shall emphasize
activities necessary to implement Sections 25244.17 and 25244.17.1.
(b) The department shall determine, in consultation with the
advisory committee, the most effective methods to promote
implementation of source reduction education programs by CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs. Program elements may include, but are not limited to, all
of the following:
(1) Sponsoring workshops, conferences, technology fairs, and other
training events.
(2) Sponsoring regional training groups, such as the regional
hazardous waste reduction committees.
(3) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects and
materials explaining how source reduction has been used by businesses
to achieve compliance with environmental laws enforced by local
governments.
(4) Developing site review checklists, training manuals, and
technical resource manuals and using those resources to train CUPAs,
small business development corporations, business environmental
assistance centers, and other regional and local government
environmental programs.
(5) Preparing and distributing resource lists such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(6) Serving as an information clearinghouse to support telephone
and onsite consultants with local governments.
(c) The department shall coordinate activities under this section
with grants made under Section 25244.11.5.
(d) Each fiscal year, the department shall provide training and
information resources to at least 90 percent of CUPAs.
25244.18. (a) On or before September 15, 1991, and every two years
thereafter, the department shall select at least two categories of
generators by SIC Code with potential for source reduction, and, for
each category, shall do all of the following:
(1) Request that selected generators in the category provide the
department, on a timely basis, with a copy of the generator's
completed review and plan and with a copy of the generator's
completed report.
(2) Examine the review and plan and the report of selected
generators in the category.
(3) Ensure that the selected generators in that category comply
with Sections 25244.19 and 25244.20.
(4) Identify successful source reduction and other hazardous waste
management approaches employed by generators in the category and
disseminate information concerning those approaches to generators
within the category.
(b) In carrying out subdivision (a), the department shall not
disseminate information determined to be a trade secret pursuant to
Section 25244.23.
(c) The department or the unified program agency may request from
any generator, and the generator shall provide within 30 days from
the date of the request, a copy of the generator's review and plan or
report. The department or the unified program agency may evaluate
any of those documents submitted to the department or the unified
program agency to determine whether it satisfies the requirements of
this article.
(d) (1) If the department or the unified program agency determines
that a generator has not completed the review and plan in the manner
required by Section 25244.19, or the report in the manner required
by Section 25244.20, the department or the unified program agency
shall provide the generator with a notice of noncompliance,
specifying the deficiencies in the review and plan or report
identified by the department. If the department or the unified
program agency finds that the review and plan does not comply with
Section 25244.19, the department or the unified program agency shall
consider the review and plan to be incomplete. A generator shall file
a revised review and plan or report correcting the deficiencies
identified by the department or the unified program agency within 60
days from the date of the receipt of the notice. The department or
the unified program agency may grant, in response to a written
request from the generator, an extension of the 60-day deadline, for
cause, except that the department or the unified program agency shall
not grant that extension for more than an additional 60 days.
(2) If a generator fails to submit a revised review and plan or
report complying with the requirements of this article within the
required period, or if the department or unified program agency
determines that a generator has failed to implement the measures
included in the generator's review and plan for reducing the
generator's hazardous waste, in accordance with Section 25244.19, the
department or the unified program agency may impose civil penalties
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2, seek an order directing
compliance pursuant to Section 25181, or enter into a consent
agreement or a compliance schedule with the generator.
(e) If a generator fails to implement a measure specified in the
review and plan pursuant to paragraph (5) of subdivision (b) of
Section 25244.19, the generator shall not be deemed to be in
violation of Section 25244.19 for not implementing the selected
measure if the generator does both of the following:
(1) The generator finds that, upon further analysis or as a result
of unexpected consequences, the selected measure is not technically
feasible or economically practicable, or if the selected approach has
resulted in any of the following:
(A) An increase in the generation of hazardous waste.
(B) An increase in the release of hazardous chemical contaminants
to other media.
(C) Adverse impacts on product quality.
(D) A significant increase in the risk of an adverse impact to
human health or the environment.
(2) The generator revises the review and plan to comply with the
requirements of Section 25244.19.
(f) When taking enforcement action pursuant to this article, the
department or the unified program agency shall not judge the
appropriateness of any decisions or proposed measures contained in a
review and plan or report, but shall only determine whether the
review and plan or report is complete, prepared, and implemented in
accordance with this article.
(g) In addition to the unified program agency, an appropriate
local agency that has jurisdiction over a generator's site may
request from the generator, and the generator shall provide within 30
days from the date of that request, a copy of the generator's
current review and plan and report.
25244.19. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall conduct a source reduction
evaluation review and plan pursuant to subdivision (b).
(b) Except as provided in subdivision (c), the source reduction
evaluation review and plan required by subdivision (a) shall be
conducted and completed for each site pursuant to the format adopted
pursuant to subdivision (a) of Section 25244.16 and shall include, at
a minimum, all of the following:
(1) The name and location of the site.
(2) The SIC Code of the site.
(3) Identification of all routinely generated hazardous waste
streams that annually weigh 600 kilograms or more and that result
from ongoing processes or operations and exceed 5 percent of the
total yearly weight of hazardous waste generated at the site, or, for
extremely hazardous waste, that annually weigh 0.6 kilograms or more
and exceed 5 percent of the total yearly weight of extremely
hazardous waste generated at the site. For purposes of this
paragraph, a hazardous waste stream identified pursuant to this
paragraph shall also meet one of the following criteria:
(A) It is a hazardous waste stream processed in a wastewater
treatment unit that discharges to a publicly owned treatment works or
under a national pollutant discharge elimination system (NPDES)
permit, as specified in the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1251 and following).
(B) It is a hazardous waste stream that is not processed in a
wastewater treatment unit and its weight exceeds 5 percent of the
weight of the total yearly volume at the site, less the weight of any
hazardous waste stream identified in subparagraph (A).
(4) For each hazardous waste stream identified in paragraph (3),
the review and plan shall include all of the following information:
(A) An estimate of the quantity of hazardous waste generated.
(B) An evaluation of source reduction approaches available to the
generator that are potentially viable. The evaluation shall consider
at least all of the following source reduction approaches:
(i) Input change.
(ii) Operational improvement.
(iii) Production process change.
(iv) Product reformulation.
(5) A specification of, and a rationale for, the technically
feasible and economically practicable source reduction measures that
will be taken by the generator with respect to each hazardous waste
stream identified in paragraph (3). The review and plan shall fully
document any statement explaining the generator's rationale for
rejecting any available source reduction approach identified in
paragraph (4).
(6) An evaluation, and, to the extent practicable, a
quantification, of the effects of the chosen source reduction method
on emissions and discharges to air, water, or land.
(7) A timetable for making reasonable and measurable progress
towards implementation of the selected source reduction measures
specified in paragraph (5).
(8) Certification pursuant to subdivision (d).
(9) Any generator subject to this article shall include in its
source reduction evaluation review and plan four-year numerical goals
for reducing the generation of hazardous waste streams through the
approaches provided for in subparagraph (B) of paragraph (4), based
upon its best estimate of what is achievable in that four-year
period.
(10) A summary progress report that briefly summarizes and, to the
extent practicable, quantifies, in a manner that is understandable
to the general public, the results of implementing the source
reduction methods identified in the generator's review and plan for
each waste stream addressed by the previous plan over the previous
four years. The report shall also include an estimate of the amount
of reduction that the generator anticipates will be achieved by the
implementation of source reduction methods during the period between
the preparation of the review and plan and the preparation of the
generator's next review and plan. Notwithstanding any other provision
of this section, the summary progress report required to be prepared
pursuant to this paragraph shall be submitted to the department on
or before September 1, 1999, and every four years thereafter.
(c) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite review and plan addressing all of these sites.
(d) Every review and plan conducted pursuant to this section shall
be submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management. The engineer, individual, or environmental assessor
shall certify the review and plan only if the review and plan meet
all of the following requirements:
(1) The review and plan addresses each hazardous waste stream
identified pursuant to paragraph (3) of subdivision (b).
(2) The review and plan addresses the source reduction approaches
specified in subparagraph (B) of paragraph (4) of subdivision (b).
(3) The review and plan clearly sets forth the measures to be
taken with respect to each hazardous waste stream for which source
reduction has been found to be technically feasible and economically
practicable, with timetables for making reasonable and measurable
progress, and properly documents the rationale for rejecting
available source reduction measures.
(4) The review and plan does not merely shift hazardous waste from
one environmental medium to another environmental medium by
increasing emissions or discharges to air, water, or land.
(e) At the time a review and plan is submitted to the department
or the unified program agency, the generator shall certify that the
generator has implemented, is implementing, or will be implementing,
the source reduction measures identified in the review and plan in
accordance with the implementation schedule contained in the review
and plan. A generator may determine not to implement a measure
selected in paragraph (5) of subdivision (b) only if the generator
determines, upon conducting further analysis or due to unexpected
circumstances, that the selected measure is not technically feasible
or economically practicable, or if attempts to implement that measure
reveal that the measure would result in, or has resulted in, any of
the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in the release of hazardous chemicals to other
environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to
human health or the environment.
(f) If the generator elects not to implement the review and plan,
including, but not limited to, a selected measure pursuant to
subdivision (e), the generator shall amend its review and plan to
reflect that election and include in the review and plan proper
documentation identifying the rationale for that election.
25244.20. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall prepare a hazardous waste management
performance report documenting hazardous waste management approaches
implemented by the generator.
(b) Except as provided in subdivision (d), the hazardous waste
management performance report required by subdivision (a) shall be
prepared for each site in accordance with the format adopted pursuant
to subdivision (a) of Section 25244.16 and shall include all of the
following:
(1) The name and location of the site.
(2) The SIC Code for the site.
(3) All of the following information for each waste stream
identified pursuant to paragraph (3) of subdivision (b) of Section
25244.19:
(A) An estimate of the quantity of hazardous waste generated and
the quantity of hazardous waste managed, both onsite and offsite,
during the current reporting year and the baseline year, as specified
in subdivision (c).
(B) An abstract for each source reduction, recycling, or treatment
technology implemented from the baseline year through the current
reporting year, if the reporting year is different from the baseline
year.
(C) A description of factors during the current reporting year
that have affected hazardous waste generation and onsite and offsite
hazardous waste management since the baseline year, including, but
not limited to, any of the following:
(i) Changes in business activity.
(ii) Changes in waste classification.
(iii) Natural phenomena.
(iv) Other factors that have affected either the quantity of
hazardous waste generated or onsite and offsite hazardous waste
management requirements.
(4) The certification of the report pursuant to subdivision (e).
(c) For purposes of subdivision (b), the following definitions
apply:
(1) The current reporting year is the calendar year immediately
preceding the year in which the report is to be prepared.
(2) The baseline year is either of the following, whichever is
applicable:
(A) For the initial report, the baseline year is the calendar year
selected by the generator for which substantial hazardous waste
generation, or onsite or offsite management, data is available prior
to 1991.
(B) For all subsequent reports, the baseline year is the current
reporting year of the immediately preceding report.
(d) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite report addressing all of these sites.
(e) Every report completed pursuant to this section shall be
submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management. The engineer, individual, or environmental assessor
shall certify the report only if the report identifies factors that
affect the generation and onsite and offsite management of hazardous
wastes and summarizes the effect of those factors on the generation
and onsite and offsite management of hazardous wastes.
25244.21. (a) Every generator shall retain the original of the
current review and plan and report, shall maintain a copy of the
current review and plan and report at each site, or, for a multisite
review and plan or report, at a central location, and upon request,
shall make it available to any authorized representative of the
department or the unified program agency conducting an inspection
pursuant to Section 25185. If a generator fails, within five days, to
make available to the inspector the review and plan or report, the
department, the unified program agency, or any authorized
representative of the department, or of the unified program agency,
conducting an inspection pursuant to Section 25185, shall, if
appropriate, impose a civil penalty pursuant to Section 25187, in an
amount not to exceed one thousand dollars ($1,000) for each day the
violation of this article continues, notwithstanding Section 25189.2.
(b) If a generator fails to respond to a request for a copy of its
review and plan or report made by the department or a unified
program agency pursuant to subdivision (c) of Section 25244.18, or by
a local agency pursuant to subdivision (g) of Section 25244.18,
within 30 days from the date of the request, the department or
unified program agency shall, if appropriate, assess a civil penalty
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2.
(c) (1) Any person may request the department to certify that a
generator is in compliance with this article by having the department
certify that the generator has properly completed the review and
plan and report required pursuant to Sections 25244.19 and 25244.20.
The department shall respond within 60 days to a request for
certification. Upon receiving a request for certification, the
department shall request from the generator, who is the subject of
the request, a copy of the generator's review and plan and report,
pursuant to subdivision (c) of Section 25244.19, if the department
does not have these documents. The department shall forward a copy of
the review and plan and report to the person requesting
certification, within 10 days from the date that the department
receives the request for certification or receives the review and
plan and report, whichever is later. The department shall protect
trade secrets in accordance with Section 25244.23 in a review and
plan or report, requested to be released pursuant to this
subdivision.
(2) This subdivision does not prohibit any person from directly
requesting from a generator a copy of the review and plan or report.
Solely for the purposes of responding to a request pursuant to this
subdivision, the department shall deem the review and plan or report
to be a public record subject to Section 25152.5, and shall act in
compliance with that section.
25244.22. Commencing May 1, 2000, and on or before January 15 of
every other year thereafter, the department shall prepare, and make
available for public review within five days thereafter, a draft work
plan for the department's operations and activities in carrying out
this article. The department shall prepare the work plan in
consultation with the advisory committee and with other interested
parties, including local government, industry, labor, health, and
environmental organizations. After holding a public meeting of the
advisory committee to discuss the draft work plan, the department
shall finalize the work plan on or before June 15, 2000, and on or
before April 1 of every other year thereafter. The department may
include this work plan within the report required pursuant to Section
25171. This work plan shall include, but not be limited to, all of
the following information:
(a) A summary analysis of readily available data on the state's
hazardous waste generation and management patterns. The analysis
shall include information from various data sources including
hazardous waste manifests, biennial generator reports, and United
States Environmental Protection Agency Toxics Release Inventory
reports. The department shall estimate the quantities of hazardous
waste generated in the state, by hazardous waste stream, the amounts
of hazardous waste generated in the state by industry SIC Code, and
the amounts of hazardous waste state generators sent offsite for
management, by management method.
(b) An evaluation of hazardous waste source reduction progress in
this state, using the data summary analysis prepared pursuant to
subdivision (a).
(c) Recommendations for legislation.
(d) Identification of any state, federal, or private economic and
financial incentives that can best accelerate and maximize the
research and development of source reduction and other hazardous
waste management technologies and approaches.
(e) The status, funding, and results of all research projects.
(f) A detailed summary of the extent to which the statewide goal
of 5 percent per year reduction of the generation of hazardous
wastes, pursuant to subdivision (e) of Section 25244.15, has been
attained, and a detailed summary of the extent to which different
categories of facilities have attained the numerical goals
established pursuant to paragraph (9) of subdivision (b) of Section
25244.19. This summary, which shall use the data summary analysis
prepared pursuant to subdivision (a), shall include an evaluation by
the department of the reasons why these goals have or have not been
attained, including an evaluation of the impact of economic growth or
decline and changes in production patterns, and a list of
appropriate recommendations designed to ensure attainment of these
goals.
(g) An outline of the department's operations and activities under
this article proposed for the next two-year period. The department
shall use the data summary analysis prepared pursuant to subdivision
(a) to select hazardous waste stream and industries for source
reduction efforts. When identifying activities for inclusion in the
work plan, the department shall also consider potential benefits to
human health and the environment, available resources, feasibility of
applying source reduction techniques to reduce selected hazardous
waste streams and to reduce hazardous wastes generated by selected
industries, and availability of related resources from other
entities, such as other states, the federal government, local
governments, and other organizations.
25244.23. (a) (1) The department shall adopt regulations to ensure
that trade secrets designated by a generator in all or a portion of
the review and plan or the report required by this article are
utilized by the director, the department, the unified program agency,
or the appropriate local agency only in connection with the
responsibilities of the department pursuant to this article, and that
those trade secrets are not otherwise disseminated by the director,
the department, the unified program agency, or any authorized
representative of the department, or the appropriate local agency,
without the consent of the generator.
(2) Any information subject to this section shall be made
available to governmental agencies for use in making studies and for
use in judicial review or enforcement proceedings involving the
person furnishing the information.
(3) As provided by Section 25159.5, the regulations adopted
pursuant to this subdivision shall conform with the corresponding
trade secret regulations adopted by the Environmental Protection
Agency pursuant to the federal act, except that the regulations
adopted by the department may be more stringent or more extensive
than the federal trade secret regulations.
(4) "Trade secrets," as used in this section, may include, but are
not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information that is not patented, that is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and that gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The department, the unified program agency, and the
appropriate local agency shall protect from disclosure any trade
secret designated by the generator pursuant to this section. The
department shall make available information concerning source
reduction approaches that have proved successful, and that do not
constitute a trade secret, when carrying out subdivision (c) of
Section 25244.17 and to subdivision (a) of Section 25244.18.
(c) This section does not permit a generator to refuse to disclose
the information required pursuant to this article to the department,
the unified program agency, or the appropriate local agency, an
officer or employee of the department, the unified program agency, or
the appropriate local agency, in connection with the official duties
of that officer or employee under this article.
(d) Any officer or employee of the department, the unified program
agency, or the appropriate local agency, or any other person, who,
because of his or her employment or official position, has possession
of, or has access to, confidential information, and who, knowing
that disclosure of the information to the general public is
prohibited by this section, knowingly and willfully discloses the
information in any manner to any person not entitled to receive it,
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail not exceeding six months,
by a fine not exceeding one thousand dollars ($1,000), or by both
the fine and imprisonment.
25244.24. (a) For purposes of this section the following
definitions shall apply:
(1) "Program" means the voluntary program to reduce hazardous
waste generation established by this section.
(2) "Release" means a release of a chemical into the environment
in any manner and by any means. "Release" includes, but is not
limited to, any release authorized or permitted pursuant to a
statute, ordinance, regulation, or rule of any federal, state, local,
or regional agency or government or by a permit, license, variance
or other authorization from the agency or government.
(b) On or before October 1, 2000, the department shall, in
consultation with the advisory committee established pursuant to
Section 25244.15.1, conduct an inventory and analysis of low-cost
voluntary programs that are, or have been conducted by other states,
the federal government, or local government entities to reduce
hazardous waste generation and other environmental releases of toxic
chemicals, and shall develop recommendations for programs that would
be effective and feasible in California, based on the inventory and
analysis.
(c) In consultation with the advisory committee, large businesses,
and the public, the department shall develop a low-cost voluntary
program to further reduce generation of hazardous waste by large
businesses in California. The program shall be designed to promote
cooperative relationships between California business and the
department, while creating a significant environmental benefit from
reduced hazardous waste generation. The department shall include the
program in the work plan required by Section 25244.22 on or before
January 15, 2002.
(d) In designing and implementing the program the department shall
take into consideration all of the following:
(1) Estimates of the volumes of potential reductions of hazardous
waste generation and other possible program benefits.
(2) The types of facilities expected to participate and their
current hazardous waste generation and other releases of toxic
chemicals into the environment.
(3) The potential for reductions in hazardous waste generation
resulting in an increase in releases of toxic chemicals to a
different environmental medium.
(4) The potential public health and environmental benefits of the
program.
(5) Methods for publicizing the program and encouraging facilities
throughout the state to participate in the program.
(6) Providing appropriate public recognition of facilities that
successfully are participating in the program.
(7) Establishing a means for monitoring the progress that each
facility participating in the program is making toward implementing
the program.
(8) Establishing methods for evaluating the implementation of the
inventory, analysis, and program and for reporting on the progress of
the program in the work plan required pursuant to Section 25244.22.
(9) Procedures for providing technical support to program
participants to assist with the implementation of the program.
(e) Participation in the program shall not create a presumption
that the participating facility has determined that any chemical
release reduction measure is technically feasible or economically
practicable pursuant to any other provision of law.
(f) Actions of the department pursuant to this section are exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Division 3 of Title 2 of the Government Code.
(g) If, on the basis of the inventory and analysis required by in
subdivision (b), the department finds that it is not possible to
design and implement, at relatively low cost, a voluntary program to
promote cooperative relationships between California business and the
department, while creating a significant environmental benefit, and
the advisory committee concurs with this finding, the department is
not required to implement the program.
25244.12. This article shall be known and may be cited as the
Hazardous Waste Source Reduction and Management Review Act of 1989.
25244.13. The Legislature finds and declares as follows:
(a) Existing law requires the department and the State Water
Resources Control Board to promote the reduction of generated
hazardous waste. This policy, in combination with hazardous waste
land disposal bans, requires the rapid development of new programs
and incentives for achieving the goal of optimal minimization of the
generation of hazardous wastes. Substantial improvements and
additions to the state's hazardous waste reduction program are
required to be made if these goals are to be achieved.
(b) Hazardous waste source reduction provides substantial benefits
to the state's economy by maximizing use of materials, avoiding
generation of waste materials, improving business efficiency,
enhancing revenues of companies that provide products and services in
the state, increasing the economic competitiveness of businesses
located in the state, and protecting the state's precious and
valuable natural resources.
(c) It is the intent of the Legislature to expand the state's
hazardous waste source reduction activities beyond those directly
associated with source reduction evaluation reviews and plans. The
expanded program, which is intended to accelerate reduction in
hazardous waste generation, shall include programs to promote
implementation of source reduction measures using education,
outreach, and other effective voluntary techniques demonstrated in
California or other states.
(d) It is the intent of the Legislature for the department to
maximize the use of its available resources in implementing the
expanded source reduction program through cooperation with other
entities, including, but not limited to, CUPAs, small business
development corporations, business environmental assistance centers,
and other regional and local government environmental programs. To
the extent feasible, the department shall utilize cooperative
programs with entities that routinely contact small business to
expand its support of small business source reduction activities.
(e) It is the goal of this article to do all of the following:
(1) Reduce the generation of hazardous waste.
(2) Reduce the release into the environment of chemical
contaminants which have adverse and serious health or environmental
effects.
(3) Document hazardous waste management information and make that
information available to state and local government.
(f) It is the intent of this article to promote the reduction of
hazardous waste at its source, and wherever source reduction is not
feasible or practicable, to encourage recycling. Where it is not
feasible to reduce or recycle hazardous waste, the waste should be
treated in an environmentally safe manner to minimize the present and
future threat to health and the environment.
(g) It is the intent of the Legislature not to preclude the
regulation of environmentally harmful releases to all media,
including air, land, surface water, and groundwater, and to encourage
and promote the reduction of these releases to air, land, surface
water, and groundwater.
(h) It is the intent of the Legislature to encourage all state
departments and agencies, especially the State Water Resources
Control Board, the California regional water quality control boards,
the State Air Resources Board, the air pollution control districts,
and the air quality management districts, to promote the reduction of
environmentally harmful releases to all media.
25244.14. For purposes of this article, the following definitions
apply:
(a) "Advisory committee" means the California Source Reduction
Advisory Committee established pursuant to Section 25244.15.1.
(b) "Appropriate local agency" means a county, city, or regional
association that has adopted a hazardous waste management plan
pursuant to Article 3.5 (commencing with Section 25135).
(c) "Hazardous waste management approaches" means approaches,
methods, and techniques of managing the generation and handling of
hazardous waste, including source reduction, recycling, and the
treatment of hazardous waste.
(d) "Hazardous waste management performance report" or "report"
means the report required by subdivision (b) of Section 25244.20 to
document and evaluate the results of hazardous waste management
practices.
(e) (1) "Source reduction" means one of the following:
(A) Any action that causes a net reduction in the generation of
hazardous waste.
(B) Any action taken before the hazardous waste is generated that
results in a lessening of the properties which cause it to be
classified as a hazardous waste.
(2) "Source reduction" includes, but is not limited to, all of the
following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of hazardous waste.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(C) "Production process change," which means a change in a
process, method, or technique which is used to produce a product or a
desired result, including the return of materials or their
components, for reuse within the existing processes or operations, so
as to reduce, avoid, or eliminate the generation of hazardous waste.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(3) "Source reduction" does not include any of the following:
(A) Actions taken after a hazardous waste is generated.
(B) Actions that merely concentrate the constituents of a
hazardous waste to reduce its volume or that dilute the hazardous
waste to reduce its hazardous characteristics.
(C) Actions that merely shift hazardous wastes from one
environmental medium to another environmental medium.
(D) Treatment.
(f) "Source reduction evaluation review and plan" or "review and
plan" means a review conducted by the generator of the processes,
operations, and procedures in use at a generator's site, in
accordance with the format established by the department pursuant to
subdivision (a) of Section 25244.16, and that does both of the
following:
(1) Determines any alternatives to, or modifications of, the
generator's processes, operations, and procedures that may be
implemented to reduce the amount of hazardous waste generated.
(2) Includes a plan to document and implement source reduction
measures for the hazardous wastes specified in paragraph (1) that are
technically feasible and economically practicable for the generator,
including a reasonable implementation schedule.
(g) "SIC Code" has the same meaning as defined in Section 25501.
(h) "Hazardous waste," "person," "recycle," and "treatment" have
the same meaning as defined in Article 2 (commencing with Section
25110).
25244.15. (a) The department shall establish a program for
hazardous waste source reduction pursuant to this article.
(b) The department shall coordinate the activities of all state
agencies with responsibilities and duties relating to hazardous waste
and shall promote coordinated efforts to encourage the reduction of
hazardous waste. Coordination between the program and other relevant
state agencies and programs shall, to the fullest extent possible,
include joint planning processes and joint research and studies.
(c) The department shall adopt regulations to carry out this
article.
(d) (1) Except as provided in paragraph (3), this article applies
only to generators who, by site, routinely generate, through ongoing
processes and operations, more than 12,000 kilograms of hazardous
waste in a calendar year, or more than 12 kilograms of extremely
hazardous waste in a calendar year.
(2) The department shall adopt regulations to establish procedures
for exempting generators from the requirements of this article where
the department determines that no source reduction opportunities
exist for the generator.
(3) Notwithstanding paragraph (1), this article does not apply to
any generator whose hazardous waste generating activity consists
solely of receiving offsite hazardous wastes and generating residuals
from the processing of those hazardous wastes.
25244.15.1. (a) The California Source Reduction Advisory Committee
is hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an
ex officio member.
(2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio
member.
(4) The Executive Director of the Integrated Waste Management
Board, as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council
established pursuant to Section 71017 of the Public Resources Code,
as an ex officio member.
(6) Ten public members with experience in source reduction as
appointed by the department. These public members shall include all
of the following:
(A) Two representatives of local governments from different
regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy
organizations.
(G) One representative of a statewide public health advocacy
organization.
(7) The department may appoint up to two additional public members
with experience in source reduction and detailed knowledge of one of
the priority categories of generators selected in accordance with
Section 25244.17.1.
(b) The advisory committee shall select one member to serve as
chairperson.
(c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
shall be reimbursed for all reasonable expenses incurred in the
performance of his or her duties, as authorized by the department.
(d) The advisory committee shall meet at least semiannually to
provide a public forum for discussion and deliberation on matters
pertaining to the implementation of this chapter.
(e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the
preparation of the work plan required by Section 25244.22.
(2) Evaluating the performance and progress of the department's
source reduction program.
(3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
(f) The advisory committee established by this section shall be in
existence until April 15, 2002, by which date the department shall,
in consultation with the advisory committee, evaluate the role and
activities of the advisory committee and determine if the committee
is beneficial to the implementation of this article. On and after
April 15, 2002, the advisory committee shall continue to exist and
operate to the extent that the department, in consultation with the
advisory committee, determines the advisory committee continues to be
beneficial to the operation of the department's source reduction
programs.
25244.16. The department shall do both of the following:
(a) Adopt a format to be used by generators for completing the
review and plan required by Section 25244.19, and the report required
by Section 25244.20. The format shall include at least all of the
factors the generator is required to include in the review and plan
and the report. The department may include any other factor
determined by the department to be necessary to carry out this
article. The adoption of a format pursuant to this subdivision is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Establish a data and information system to be used by the
department for developing the categories of generators specified in
Section 25244.18, and for processing and evaluating the source
reduction and other hazardous waste management information submitted
by generators pursuant to Section 25244.18. In establishing the data
and information system, the department shall do all of the following:
(1) Establish methods and procedures for appropriately processing
or managing hazardous waste source reduction and management
information.
(2) Use the data management expertise, resources, and forms of
already established environmental protection programs, to the extent
practicable.
(3) Establish computerized data retrieval and data processing
systems, including safeguards to protect trade secrets designated
pursuant to Section 25244.23.
(4) Identify additional data and information needs of the program.
25244.17. The department shall establish a technical and research
assistance program to assist generators in identifying and applying
methods of source reduction and other hazardous waste management
approaches. The program shall emphasize assistance to smaller
businesses that have inadequate technical and financial resources for
obtaining information, assessing source reduction methods, and
developing and applying source reduction techniques. The program
shall include at least all of the following elements, which shall be
carried out by the department:
(a) The department shall encourage programs by private or public
consultants, including onsite consultation at sites or locations
where hazardous waste is generated, to aid those generators requiring
assistance in developing and implementing the review and plan, the
plan summary, the report, and the report summary required by this
article.
(b) The department shall conduct review and plan assistance
programs, seminars, workshops, training programs, and other similar
activities to assist generators to evaluate source reduction
alternatives and to identify opportunities for source reduction.
(c) The department shall establish a program to assemble,
catalogue, and disseminate information about hazardous waste source
reduction methods, available consultant services, and regulatory
requirements.
(d) The department shall identify the range of generic and
specific technical solutions that can be applied by particular types
of hazardous waste generators to reduce hazardous waste generation.
25244.17.1. The department shall establish a technical assistance
and outreach program to promote implementation of model source
reduction measures in priority industry categories.
(a) Every two years, in the work plan required by Section
25244.22, the department shall, in consultation with the advisory
committee, select at least four priority categories of generators by
SIC Code. At least one selected category of generators shall be taken
from the list of categories previously selected by the department
under Section 25244.18. At least one selected category of generators
shall be a category that consists primarily of small businesses. At
least one selected category of generators shall be a category that
consists primarily of businesses affected by an action taken by the
department pursuant to Article 14 (commencing with Section 25251) of
Chapter 6.5 of Division 20.
(b) For each selected priority industry category, the department
shall implement a cooperative source reduction technical assistance
and outreach program to include the following elements:
(1) The department shall use available resources, including
reports prepared pursuant to paragraph (4) of subdivision (a) of
Section 25244.18 and information on source reduction methods from
federal, state, and local governments and industry associations and
industry members, to identify a set of model source reduction
measures for each industry category.
(2) The department shall determine, with the assistance of the
advisory committee, the most effective technical assistance and
outreach methods to promote implementation of the model source
reduction measures identified in paragraph (1).
(3) The department shall develop a plan and schedule to implement
the technical assistance and outreach measures before the next
biennial work plan. The measures may include, but are not limited to,
all of the following:
(A) Holding, presenting at, or cosponsoring workshops,
conferences, technology fairs, and other promotional events.
(B) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects.
(C) Developing checklists, training manuals, and technical
resource manuals and using those resources to train CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs.
(D) Preparing and distributing resource lists, such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(E) Serving as an information clearinghouse to support telephone
and onsite consultations with businesses and local governments.
(4) For industry categories that include primarily large or
technically complex businesses, the source reduction technical
assistance and outreach program shall emphasize activities that
involve direct communication between department staff and industry
members. For these industry categories, the department shall
communicate with representatives of 80 percent of the state's
companies in the category. For categories that consist primarily of
small businesses, the cooperative source reduction program shall
emphasize providing industry-specific training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs for use in their inspections and
other direct communications with businesses.
(c) While conducting activities under this section, the department
shall coordinate its activities with appropriate industry and
professional associations.
(d) The department shall coordinate activities under this section
with grants made under Section 25244.5.
25244.17.2. The department shall expand the department's source
reduction program to provide source reduction training and resources
to CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs so that they can provide technical
assistance to generators in identifying and applying methods of
source reduction.
(a) The program expanded pursuant to this section shall emphasize
activities necessary to implement Sections 25244.17 and 25244.17.1.
(b) The department shall determine, in consultation with the
advisory committee, the most effective methods to promote
implementation of source reduction education programs by CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs. Program elements may include, but are not limited to, all
of the following:
(1) Sponsoring workshops, conferences, technology fairs, and other
training events.
(2) Sponsoring regional training groups, such as the regional
hazardous waste reduction committees.
(3) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects and
materials explaining how source reduction has been used by businesses
to achieve compliance with environmental laws enforced by local
governments.
(4) Developing site review checklists, training manuals, and
technical resource manuals and using those resources to train CUPAs,
small business development corporations, business environmental
assistance centers, and other regional and local government
environmental programs.
(5) Preparing and distributing resource lists such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(6) Serving as an information clearinghouse to support telephone
and onsite consultants with local governments.
(c) The department shall coordinate activities under this section
with grants made under Section 25244.11.5.
(d) Each fiscal year, the department shall provide training and
information resources to at least 90 percent of CUPAs.
25244.18. (a) On or before September 15, 1991, and every two years
thereafter, the department shall select at least two categories of
generators by SIC Code with potential for source reduction, and, for
each category, shall do all of the following:
(1) Request that selected generators in the category provide the
department, on a timely basis, with a copy of the generator's
completed review and plan and with a copy of the generator's
completed report.
(2) Examine the review and plan and the report of selected
generators in the category.
(3) Ensure that the selected generators in that category comply
with Sections 25244.19 and 25244.20.
(4) Identify successful source reduction and other hazardous waste
management approaches employed by generators in the category and
disseminate information concerning those approaches to generators
within the category.
(b) In carrying out subdivision (a), the department shall not
disseminate information determined to be a trade secret pursuant to
Section 25244.23.
(c) The department or the unified program agency may request from
any generator, and the generator shall provide within 30 days from
the date of the request, a copy of the generator's review and plan or
report. The department or the unified program agency may evaluate
any of those documents submitted to the department or the unified
program agency to determine whether it satisfies the requirements of
this article.
(d) (1) If the department or the unified program agency determines
that a generator has not completed the review and plan in the manner
required by Section 25244.19, or the report in the manner required
by Section 25244.20, the department or the unified program agency
shall provide the generator with a notice of noncompliance,
specifying the deficiencies in the review and plan or report
identified by the department. If the department or the unified
program agency finds that the review and plan does not comply with
Section 25244.19, the department or the unified program agency shall
consider the review and plan to be incomplete. A generator shall file
a revised review and plan or report correcting the deficiencies
identified by the department or the unified program agency within 60
days from the date of the receipt of the notice. The department or
the unified program agency may grant, in response to a written
request from the generator, an extension of the 60-day deadline, for
cause, except that the department or the unified program agency shall
not grant that extension for more than an additional 60 days.
(2) If a generator fails to submit a revised review and plan or
report complying with the requirements of this article within the
required period, or if the department or unified program agency
determines that a generator has failed to implement the measures
included in the generator's review and plan for reducing the
generator's hazardous waste, in accordance with Section 25244.19, the
department or the unified program agency may impose civil penalties
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2, seek an order directing
compliance pursuant to Section 25181, or enter into a consent
agreement or a compliance schedule with the generator.
(e) If a generator fails to implement a measure specified in the
review and plan pursuant to paragraph (5) of subdivision (b) of
Section 25244.19, the generator shall not be deemed to be in
violation of Section 25244.19 for not implementing the selected
measure if the generator does both of the following:
(1) The generator finds that, upon further analysis or as a result
of unexpected consequences, the selected measure is not technically
feasible or economically practicable, or if the selected approach has
resulted in any of the following:
(A) An increase in the generation of hazardous waste.
(B) An increase in the release of hazardous chemical contaminants
to other media.
(C) Adverse impacts on product quality.
(D) A significant increase in the risk of an adverse impact to
human health or the environment.
(2) The generator revises the review and plan to comply with the
requirements of Section 25244.19.
(f) When taking enforcement action pursuant to this article, the
department or the unified program agency shall not judge the
appropriateness of any decisions or proposed measures contained in a
review and plan or report, but shall only determine whether the
review and plan or report is complete, prepared, and implemented in
accordance with this article.
(g) In addition to the unified program agency, an appropriate
local agency that has jurisdiction over a generator's site may
request from the generator, and the generator shall provide within 30
days from the date of that request, a copy of the generator's
current review and plan and report.
25244.19. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall conduct a source reduction
evaluation review and plan pursuant to subdivision (b).
(b) Except as provided in subdivision (c), the source reduction
evaluation review and plan required by subdivision (a) shall be
conducted and completed for each site pursuant to the format adopted
pursuant to subdivision (a) of Section 25244.16 and shall include, at
a minimum, all of the following:
(1) The name and location of the site.
(2) The SIC Code of the site.
(3) Identification of all routinely generated hazardous waste
streams that annually weigh 600 kilograms or more and that result
from ongoing processes or operations and exceed 5 percent of the
total yearly weight of hazardous waste generated at the site, or, for
extremely hazardous waste, that annually weigh 0.6 kilograms or more
and exceed 5 percent of the total yearly weight of extremely
hazardous waste generated at the site. For purposes of this
paragraph, a hazardous waste stream identified pursuant to this
paragraph shall also meet one of the following criteria:
(A) It is a hazardous waste stream processed in a wastewater
treatment unit that discharges to a publicly owned treatment works or
under a national pollutant discharge elimination system (NPDES)
permit, as specified in the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1251 and following).
(B) It is a hazardous waste stream that is not processed in a
wastewater treatment unit and its weight exceeds 5 percent of the
weight of the total yearly volume at the site, less the weight of any
hazardous waste stream identified in subparagraph (A).
(4) For each hazardous waste stream identified in paragraph (3),
the review and plan shall include all of the following information:
(A) An estimate of the quantity of hazardous waste generated.
(B) An evaluation of source reduction approaches available to the
generator that are potentially viable. The evaluation shall consider
at least all of the following source reduction approaches:
(i) Input change.
(ii) Operational improvement.
(iii) Production process change.
(iv) Product reformulation.
(5) A specification of, and a rationale for, the technically
feasible and economically practicable source reduction measures that
will be taken by the generator with respect to each hazardous waste
stream identified in paragraph (3). The review and plan shall fully
document any statement explaining the generator's rationale for
rejecting any available source reduction approach identified in
paragraph (4).
(6) An evaluation, and, to the extent practicable, a
quantification, of the effects of the chosen source reduction method
on emissions and discharges to air, water, or land.
(7) A timetable for making reasonable and measurable progress
towards implementation of the selected source reduction measures
specified in paragraph (5).
(8) Certification pursuant to subdivision (d).
(9) Any generator subject to this article shall include in its
source reduction evaluation review and plan four-year numerical goals
for reducing the generation of hazardous waste streams through the
approaches provided for in subparagraph (B) of paragraph (4), based
upon its best estimate of what is achievable in that four-year
period.
(10) A summary progress report that briefly summarizes and, to the
extent practicable, quantifies, in a manner that is understandable
to the general public, the results of implementing the source
reduction methods identified in the generator's review and plan for
each waste stream addressed by the previous plan over the previous
four years. The report shall also include an estimate of the amount
of reduction that the generator anticipates will be achieved by the
implementation of source reduction methods during the period between
the preparation of the review and plan and the preparation of the
generator's next review and plan. Notwithstanding any other provision
of this section, the summary progress report required to be prepared
pursuant to this paragraph shall be submitted to the department on
or before September 1, 1999, and every four years thereafter.
(c) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite review and plan addressing all of these sites.
(d) Every review and plan conducted pursuant to this section shall
be submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management. The engineer, individual, or environmental assessor
shall certify the review and plan only if the review and plan meet
all of the following requirements:
(1) The review and plan addresses each hazardous waste stream
identified pursuant to paragraph (3) of subdivision (b).
(2) The review and plan addresses the source reduction approaches
specified in subparagraph (B) of paragraph (4) of subdivision (b).
(3) The review and plan clearly sets forth the measures to be
taken with respect to each hazardous waste stream for which source
reduction has been found to be technically feasible and economically
practicable, with timetables for making reasonable and measurable
progress, and properly documents the rationale for rejecting
available source reduction measures.
(4) The review and plan does not merely shift hazardous waste from
one environmental medium to another environmental medium by
increasing emissions or discharges to air, water, or land.
(e) At the time a review and plan is submitted to the department
or the unified program agency, the generator shall certify that the
generator has implemented, is implementing, or will be implementing,
the source reduction measures identified in the review and plan in
accordance with the implementation schedule contained in the review
and plan. A generator may determine not to implement a measure
selected in paragraph (5) of subdivision (b) only if the generator
determines, upon conducting further analysis or due to unexpected
circumstances, that the selected measure is not technically feasible
or economically practicable, or if attempts to implement that measure
reveal that the measure would result in, or has resulted in, any of
the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in the release of hazardous chemicals to other
environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to
human health or the environment.
(f) If the generator elects not to implement the review and plan,
including, but not limited to, a selected measure pursuant to
subdivision (e), the generator shall amend its review and plan to
reflect that election and include in the review and plan proper
documentation identifying the rationale for that election.
25244.20. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall prepare a hazardous waste management
performance report documenting hazardous waste management approaches
implemented by the generator.
(b) Except as provided in subdivision (d), the hazardous waste
management performance report required by subdivision (a) shall be
prepared for each site in accordance with the format adopted pursuant
to subdivision (a) of Section 25244.16 and shall include all of the
following:
(1) The name and location of the site.
(2) The SIC Code for the site.
(3) All of the following information for each waste stream
identified pursuant to paragraph (3) of subdivision (b) of Section
25244.19:
(A) An estimate of the quantity of hazardous waste generated and
the quantity of hazardous waste managed, both onsite and offsite,
during the current reporting year and the baseline year, as specified
in subdivision (c).
(B) An abstract for each source reduction, recycling, or treatment
technology implemented from the baseline year through the current
reporting year, if the reporting year is different from the baseline
year.
(C) A description of factors during the current reporting year
that have affected hazardous waste generation and onsite and offsite
hazardous waste management since the baseline year, including, but
not limited to, any of the following:
(i) Changes in business activity.
(ii) Changes in waste classification.
(iii) Natural phenomena.
(iv) Other factors that have affected either the quantity of
hazardous waste generated or onsite and offsite hazardous waste
management requirements.
(4) The certification of the report pursuant to subdivision (e).
(c) For purposes of subdivision (b), the following definitions
apply:
(1) The current reporting year is the calendar year immediately
preceding the year in which the report is to be prepared.
(2) The baseline year is either of the following, whichever is
applicable:
(A) For the initial report, the baseline year is the calendar year
selected by the generator for which substantial hazardous waste
generation, or onsite or offsite management, data is available prior
to 1991.
(B) For all subsequent reports, the baseline year is the current
reporting year of the immediately preceding report.
(d) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite report addressing all of these sites.
(e) Every report completed pursuant to this section shall be
submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management. The engineer, individual, or environmental assessor
shall certify the report only if the report identifies factors that
affect the generation and onsite and offsite management of hazardous
wastes and summarizes the effect of those factors on the generation
and onsite and offsite management of hazardous wastes.
25244.21. (a) Every generator shall retain the original of the
current review and plan and report, shall maintain a copy of the
current review and plan and report at each site, or, for a multisite
review and plan or report, at a central location, and upon request,
shall make it available to any authorized representative of the
department or the unified program agency conducting an inspection
pursuant to Section 25185. If a generator fails, within five days, to
make available to the inspector the review and plan or report, the
department, the unified program agency, or any authorized
representative of the department, or of the unified program agency,
conducting an inspection pursuant to Section 25185, shall, if
appropriate, impose a civil penalty pursuant to Section 25187, in an
amount not to exceed one thousand dollars ($1,000) for each day the
violation of this article continues, notwithstanding Section 25189.2.
(b) If a generator fails to respond to a request for a copy of its
review and plan or report made by the department or a unified
program agency pursuant to subdivision (c) of Section 25244.18, or by
a local agency pursuant to subdivision (g) of Section 25244.18,
within 30 days from the date of the request, the department or
unified program agency shall, if appropriate, assess a civil penalty
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2.
(c) (1) Any person may request the department to certify that a
generator is in compliance with this article by having the department
certify that the generator has properly completed the review and
plan and report required pursuant to Sections 25244.19 and 25244.20.
The department shall respond within 60 days to a request for
certification. Upon receiving a request for certification, the
department shall request from the generator, who is the subject of
the request, a copy of the generator's review and plan and report,
pursuant to subdivision (c) of Section 25244.19, if the department
does not have these documents. The department shall forward a copy of
the review and plan and report to the person requesting
certification, within 10 days from the date that the department
receives the request for certification or receives the review and
plan and report, whichever is later. The department shall protect
trade secrets in accordance with Section 25244.23 in a review and
plan or report, requested to be released pursuant to this
subdivision.
(2) This subdivision does not prohibit any person from directly
requesting from a generator a copy of the review and plan or report.
Solely for the purposes of responding to a request pursuant to this
subdivision, the department shall deem the review and plan or report
to be a public record subject to Section 25152.5, and shall act in
compliance with that section.
25244.22. Commencing May 1, 2000, and on or before January 15 of
every other year thereafter, the department shall prepare, and make
available for public review within five days thereafter, a draft work
plan for the department's operations and activities in carrying out
this article. The department shall prepare the work plan in
consultation with the advisory committee and with other interested
parties, including local government, industry, labor, health, and
environmental organizations. After holding a public meeting of the
advisory committee to discuss the draft work plan, the department
shall finalize the work plan on or before June 15, 2000, and on or
before April 1 of every other year thereafter. The department may
include this work plan within the report required pursuant to Section
25171. This work plan shall include, but not be limited to, all of
the following information:
(a) A summary analysis of readily available data on the state's
hazardous waste generation and management patterns. The analysis
shall include information from various data sources including
hazardous waste manifests, biennial generator reports, and United
States Environmental Protection Agency Toxics Release Inventory
reports. The department shall estimate the quantities of hazardous
waste generated in the state, by hazardous waste stream, the amounts
of hazardous waste generated in the state by industry SIC Code, and
the amounts of hazardous waste state generators sent offsite for
management, by management method.
(b) An evaluation of hazardous waste source reduction progress in
this state, using the data summary analysis prepared pursuant to
subdivision (a).
(c) Recommendations for legislation.
(d) Identification of any state, federal, or private economic and
financial incentives that can best accelerate and maximize the
research and development of source reduction and other hazardous
waste management technologies and approaches.
(e) The status, funding, and results of all research projects.
(f) A detailed summary of the extent to which the statewide goal
of 5 percent per year reduction of the generation of hazardous
wastes, pursuant to subdivision (e) of Section 25244.15, has been
attained, and a detailed summary of the extent to which different
categories of facilities have attained the numerical goals
established pursuant to paragraph (9) of subdivision (b) of Section
25244.19. This summary, which shall use the data summary analysis
prepared pursuant to subdivision (a), shall include an evaluation by
the department of the reasons why these goals have or have not been
attained, including an evaluation of the impact of economic growth or
decline and changes in production patterns, and a list of
appropriate recommendations designed to ensure attainment of these
goals.
(g) An outline of the department's operations and activities under
this article proposed for the next two-year period. The department
shall use the data summary analysis prepared pursuant to subdivision
(a) to select hazardous waste stream and industries for source
reduction efforts. When identifying activities for inclusion in the
work plan, the department shall also consider potential benefits to
human health and the environment, available resources, feasibility of
applying source reduction techniques to reduce selected hazardous
waste streams and to reduce hazardous wastes generated by selected
industries, and availability of related resources from other
entities, such as other states, the federal government, local
governments, and other organizations.
25244.23. (a) (1) The department shall adopt regulations to ensure
that trade secrets designated by a generator in all or a portion of
the review and plan or the report required by this article are
utilized by the director, the department, the unified program agency,
or the appropriate local agency only in connection with the
responsibilities of the department pursuant to this article, and that
those trade secrets are not otherwise disseminated by the director,
the department, the unified program agency, or any authorized
representative of the department, or the appropriate local agency,
without the consent of the generator.
(2) Any information subject to this section shall be made
available to governmental agencies for use in making studies and for
use in judicial review or enforcement proceedings involving the
person furnishing the information.
(3) As provided by Section 25159.5, the regulations adopted
pursuant to this subdivision shall conform with the corresponding
trade secret regulations adopted by the Environmental Protection
Agency pursuant to the federal act, except that the regulations
adopted by the department may be more stringent or more extensive
than the federal trade secret regulations.
(4) "Trade secrets," as used in this section, may include, but are
not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information that is not patented, that is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and that gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The department, the unified program agency, and the
appropriate local agency shall protect from disclosure any trade
secret designated by the generator pursuant to this section. The
department shall make available information concerning source
reduction approaches that have proved successful, and that do not
constitute a trade secret, when carrying out subdivision (c) of
Section 25244.17 and to subdivision (a) of Section 25244.18.
(c) This section does not permit a generator to refuse to disclose
the information required pursuant to this article to the department,
the unified program agency, or the appropriate local agency, an
officer or employee of the department, the unified program agency, or
the appropriate local agency, in connection with the official duties
of that officer or employee under this article.
(d) Any officer or employee of the department, the unified program
agency, or the appropriate local agency, or any other person, who,
because of his or her employment or official position, has possession
of, or has access to, confidential information, and who, knowing
that disclosure of the information to the general public is
prohibited by this section, knowingly and willfully discloses the
information in any manner to any person not entitled to receive it,
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail not exceeding six months,
by a fine not exceeding one thousand dollars ($1,000), or by both
the fine and imprisonment.
25244.24. (a) For purposes of this section the following
definitions shall apply:
(1) "Program" means the voluntary program to reduce hazardous
waste generation established by this section.
(2) "Release" means a release of a chemical into the environment
in any manner and by any means. "Release" includes, but is not
limited to, any release authorized or permitted pursuant to a
statute, ordinance, regulation, or rule of any federal, state, local,
or regional agency or government or by a permit, license, variance
or other authorization from the agency or government.
(b) On or before October 1, 2000, the department shall, in
consultation with the advisory committee established pursuant to
Section 25244.15.1, conduct an inventory and analysis of low-cost
voluntary programs that are, or have been conducted by other states,
the federal government, or local government entities to reduce
hazardous waste generation and other environmental releases of toxic
chemicals, and shall develop recommendations for programs that would
be effective and feasible in California, based on the inventory and
analysis.
(c) In consultation with the advisory committee, large businesses,
and the public, the department shall develop a low-cost voluntary
program to further reduce generation of hazardous waste by large
businesses in California. The program shall be designed to promote
cooperative relationships between California business and the
department, while creating a significant environmental benefit from
reduced hazardous waste generation. The department shall include the
program in the work plan required by Section 25244.22 on or before
January 15, 2002.
(d) In designing and implementing the program the department shall
take into consideration all of the following:
(1) Estimates of the volumes of potential reductions of hazardous
waste generation and other possible program benefits.
(2) The types of facilities expected to participate and their
current hazardous waste generation and other releases of toxic
chemicals into the environment.
(3) The potential for reductions in hazardous waste generation
resulting in an increase in releases of toxic chemicals to a
different environmental medium.
(4) The potential public health and environmental benefits of the
program.
(5) Methods for publicizing the program and encouraging facilities
throughout the state to participate in the program.
(6) Providing appropriate public recognition of facilities that
successfully are participating in the program.
(7) Establishing a means for monitoring the progress that each
facility participating in the program is making toward implementing
the program.
(8) Establishing methods for evaluating the implementation of the
inventory, analysis, and program and for reporting on the progress of
the program in the work plan required pursuant to Section 25244.22.
(9) Procedures for providing technical support to program
participants to assist with the implementation of the program.
(e) Participation in the program shall not create a presumption
that the participating facility has determined that any chemical
release reduction measure is technically feasible or economically
practicable pursuant to any other provision of law.
(f) Actions of the department pursuant to this section are exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Division 3 of Title 2 of the Government Code.
(g) If, on the basis of the inventory and analysis required by in
subdivision (b), the department finds that it is not possible to
design and implement, at relatively low cost, a voluntary program to
promote cooperative relationships between California business and the
department, while creating a significant environmental benefit, and
the advisory committee concurs with this finding, the department is
not required to implement the program.
