California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #11-March 24, 1994. Information Updated October 2010.

Metallic Discards Management

To All Local Enforcement Agencies:

This letter was written to inform you of the requirements for managing metallic discards as stated in Assembly Bill 1760 (Eastin, Chapter 849, Statutes of 1991) and codified in Public Resources Code Sections 42160-42185. this advisory was written in response to questions from many solid waste facility operators about how this law was being interpreted by the California Integrated Waste Management Board. In addition, several local enforcement agencies (LEAs) had asked questions regarding the permitting of facilities that manage metallic discards. To provide clarity, Board staff developed the attached question and answer document.

In summary, this law requires the following:

That after January 1, 1994, no solid waste facility shall accept for disposal any major appliance, vehicle, or other metallic discard which contains enough metal to be economically feasible to salvage as determined by the solid waste facility operator.

That after January 1, 1994, no person, except landfill operators, shall place a major appliance or other metallic discard in mixed municipal solid waste or dispose of an item in or on land.

On or after January 1, 1994, materials which require special handling shall be removed from major appliances and vehicles in which they are contained prior to crushing for transport or transferring to a baler or shredder.

During 1993, Board staff examined several administrative issues concerning the disposal and recycling of metallic discards and presented a proposed management plan to the Board. This plan was adopted by the Board in August, 1993. A key element of the plan was to work with interested parties to create mechanisms that ensure safe disposal of metallic discards at solid waste landfills and to increase recycling in an environmentally sound manner. To this end, the Board established a Metallic Discards Task Force to develop and distribute information regarding special material processing. This Task Force consisted of individuals representing the environmental, industrial, and regulatory sectors. Task force members included:

  • Ken Wells and Pavitra Crimmel (alternate), Sonoma County Solid Waste Management
  • Larry Sweetser, Norcal Waste Systems
  • Ed Knodle, National Assoc. of Retail Dealers of America
  • William M. Heenan, Steel Recycling Institute
  • John Prudent, Neu-Proler (Hugo) Company
  • Rick Best, Californians Against Waste
  • Carol Nelson, Pacific Gas & Electric
  • James Wilson, Sacramento Municipal Utility District
  • Watson Gin, Department of Toxic Substances Control
  • Dennis Ferrier, City of San Jose LEA
  • Nick Konovaloff, State of California Automobile Dismantlers Association
  • Marla Mueller, California Air Resources Board (CARB)
  • Ms. Gina Facca, Vice President, CAPCOA
  • Terry Thiele, Senior Counsel General Electric Company
  • Brooke Stauffer (Alternate), Association of Home Appliances Manufacturers
  • Richard Paul, American Automobile Manufacturer's Assoc.
  • Paul Blais, California Environmental Protection Agency
  • Donna Orebic, U.S. EPA Region 9

The task force assisted the Board in the following activities:

  • Developing literature on proper metallic discards processing;
  • Addressing handling requirements of units with special materials;
  • Identifying appliances of concern;
  • Helping to develop topics for technician training and certification;
  • Examining potential funding mechanisms; and
  • Suggesting any legislative or regulatory changes.

If you have any comments or questions regarding activities of the Task Force or provisions of this law, please contact your Task Force representative Mr. Dennis Ferrier at (408) 535-7945.

Sincerely,

Original signed by:

Deputy Director
Permitting and Enforcement Division

Attachment 1
Metallic Discards Q&A

Publication #200-94-004

The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.

Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.

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LEA Advisories, http://www.calrecycle.ca.gov/LEA/Advisories/
Martin Perez: Martin Perez (916) 323-0834