Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Under existing law, the hazardous waste control laws are partially enforced by a certified unified program agency (CUPA) and a violation of hazardous waste control laws is a crime. Existing law defines “non-RCRA hazardous waste,” for purposes of those laws, as meaning hazardous waste that is regulated by the state, other than hazardous waste subject to the federal Resource Conservation and Recovery Act of 1976 (RCRA).

This bill would require non-RCRA hazardous waste that is destined for land disposal to be disposed of in a landfill regulated by specific provisions of RCRA. By increasing the duties of a CUPA, and by expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

25154.5.

Non-RCRA hazardous waste that is destined for land disposal shall only be disposed of in a landfill regulated by Subtitle C of the Resource Conservation and Recovery Act of 1976 (Subchapter III (commencing with Section 6921) of Chapter 82 of Title 42 of the United States Code).

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.