SB 1234: Hazardous materials: metal shredding facilities.

Existing law authorizes the Department of Toxic Substances Control (DTSC), in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within DTSCs jurisdiction, as provided. Existing law provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste, as provided.

This bill would repeal those provisions and would establish a comprehensive scheme for the regulation of metal shredding facilities. The bill would prohibit an owner or operator from operating a metal shredding facility, as defined, in the state unless they have a permit from DTSC or are deemed to have a permit. The bill would prescribe the requirements for obtaining a permit, for being deemed to have a permit, for operating a metal shredding facility, and for transporting certain materials related to metal shredding, as specified. The bill would provide that certain materials related to metal shredding are not hazardous waste if they meet specified requirements. The bill would require an owner or operator of a metal shredding facility to report to DTSC any release or threatened release of a hazardous substance and certain emergency situations, as specified. The bill would require an owner or operator of a metal shredding facility to submit to DTSC a closure plan and a cost estimate for closing the metal shredding facility, as specified. The bill would authorize DTSC to enforce these provisions by revoking permits and by other specified means. The bill would require DTSC to adopt regulations for the operation of metal shredding facilities.

Existing law authorizes DTSC to collect an annual fee from all metal shredding facilities subject to the requirements of hazardous waste control laws or DTSCs management standards for metal shredding facilities, as provided. Existing law requires DTSC to adopt regulations necessary to administer the fee and authorizes DTSC to adopt those regulations using emergency procedures, as provided. Existing law requires the Controller to establish a separate subaccount in the Hazardous Waste Control Account and for all fees collected to be placed into that subaccount, to be available for expenditure by DTSC upon appropriation by the Legislature.

This bill would instead authorize DTSC to collect those annual fees from metal shredding facilities subject to the provisions of this bill, as specified. The bill would require DTSC to adopt regulations necessary to administer the fee and would authorize DTSC to adopt the regulations using the same emergency procedures, as specified. The bill would require the Controller to establish a separate subaccount in the Hazardous Waste Control Account and would require all fees collected to be placed into that subaccount, to be available for expenditure by DTSC for purposes of implementation and administration of the provisions of the bill, upon appropriation by the Legislature.

The bill would prohibit a local agency from deeming a metal shredding facility operating pursuant to these provisions to be conducting hazardous waste treatment or storage operations for purposes of making a land use decision.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.