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Date: October 29, 2004 (Revised February 25, 2005)
To: All Local Enforcement Agencies
This all-LEA e-mail was sent on behalf of Howard Levenson, Deputy Director
of the Permitting and Enforcement Division of the California Integrated
Waste Management Board.
On September 20, 2004, Governor Schwarzenegger signed AB 1353 into law (Chapter
597, Statutes of 2004). The bill makes changes to the Health and Safety
Code related to the handling and disposal of treated wood waste.
The provisions of the bill become effective January 1, 2005.
The purpose of this message is to notify you of the major provisions of
AB 1353. The CIWMB has no plans to supply further guidance this bill.
In summary, AB 1353 will:
- Require treated wood waste, as defined, to be disposed of in either a
class I hazardous waste landfill or in a composite-lined portion of a solid
waste landfill unit that meets all requirements applicable to disposal of
municipal solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued for discharges of
designated waste or treated wood waste.
- Require any solid waste landfill accepting treated wood waste to:
- Manage the treated wood waste so as to prevent scavenging.
- Ensure that any management of the treated wood waste at the solid waste
landfill prior to disposal, or in lieu of disposal, complies with applicable
Health and Safety Code requirements.
- Discontinue discharge of treated wood waste to a composite-lined portion of
a landfill unit, until corrective action results in cessation of the
release, if monitoring of the landfill unit indicates a verified release.
- Deem treated wood waste to be a solid waste, and not a hazardous waste,
if managed in accordance with the requirements above.
- Exempt, until January 1, 2007, treated wood waste from the hazardous
waste control laws, if the following requirements are met:
- The treated wood waste is managed so as to prevent scavenging.
- The treated wood waste is not disposed of, except as described above.
- The treated wood waste is not burned, recycled, reclaimed, or reused, except
in accordance with the applicable Health and Safety Code requirements and
hazardous waste regulations.
- On and after July 1, 2005, the treated wood waste is not stored for more
than 90 days and, when stored, is protected from run-on and run-off, and
placed on a surface sufficiently impervious to prevent, to the extent
practical, contact with and any leaching to soil or water.
- The treated wood waste is not mixed with other wood waste prior to disposal.
- The treated wood waste is handled in a manner consistent with all applicable
requirements of the California Occupational Safety and Health Act, including
all rules, regulations, and orders relating to hazardous waste.
- Require each wholesaler and retailer in this state to conspicuously post
information describing the health hazards associated with treated wood waste
and how to safely manage, handle, and dispose of treated wood waste.
- Require the wood preserving industry, by July 1, 2005, to make specified
information available to generators of treated wood waste.
- Require the Department of Toxic Substances Control (DTSC) to adopt, by
January 1, 2007, regulations establishing management standards for treated
wood waste as an alternative to the requirements specified in the hazardous
waste control laws.
- Provide that on January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood waste are
inoperative and have no further effect.
- Require DTSC, by June 1, 2011, to prepare and post on its Web site, a report
that makes a determination regarding the successful compliance with, and
implementation of, the requirements imposed by the bill.
- Require the Senate Office of Research to review and make findings regarding
treated wood products by June 1, 2006.
Please feel free to contact Robert Holmes of my staff at (916) 341-6376
with questions about AB 1353 and its implementation.
Howard Levenson, Ph.D.
Deputy Director, Permitting & Enforcement
CIWMB, MS #16
P.O. Box 4025
Sacramento, CA 95812-4025
Phone: 916-341-6360
E-mail: Howard.Levenson@calrecycle.ca.gov
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