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SB-1234 Hazardous materials: metal shredding facilities.(2023-2024)



Current Version: 06/10/24 - Amended Assembly

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SB1234:v97#DOCUMENT

Amended  IN  Assembly  June 10, 2024
Amended  IN  Senate  April 23, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1234

Introduced by Senator Allen

February 15, 2024

An act to amend Sections 30512 and 30513 of the Public Resources Code, relating to coastal resources. amend Section 25117 of, to add Chapter 6.4 (commencing with Section 25095) to Division 20 of, and to repeal Sections 25150.82, 25150.84, and 25150.86 of, the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1234, as amended, Allen. Coastal resources: local land use plan: zoning ordinances and district maps: nonsubstantive modifications. 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 DTSC’s 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 DTSC’s 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.

The California Coastal Act of 1976 requires a land use plan of a proposed local coastal program to be submitted to the California Coastal Commission for certification. The act authorizes the commission to suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director of the commission. The act requires a local government to submit to the commission the zoning ordinances, zoning district maps and, where necessary, other implementing actions that are required under the act. The act authorizes the commission to suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director of the commission.

This bill would authorize the legislative body of a city or county to delegate to its planning director or equivalent position the authority to adopt nonsubstantive modifications to a land use plan, or a zoning ordinance, zoning district map, or other implementing action, if specified conditions are met. The required conditions would include that the legislative body adopt a policy via ordinance or resolution at a regular public meeting delegating the authority to a public official and that the policy include a definition of the scope of modifications that would qualify as nonsubstantive, as provided.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 6.4 (commencing with Section 25095) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  6.4. Metal Shredding Facilities
Article  1. Findings and Declarations

25095.
 The Legislature finds and declares all of the following:
(a) Metal shredding facilities are essential to a thriving circular economy in the State of California because they provide an efficient, reliable, and effective means of recycling the millions of tons of recyclable metal, including end-of-life vehicles and household appliances, that are generated annually in the state.
(b) Metal shredding facilities enable the recycling of end-of-life metal products and other metal-containing materials by reducing them in size and facilitating the recovery of ferrous and nonferrous metals and other recyclable commodities. These activities conserve energy and natural resources and support the state’s goal of reducing the emissions of greenhouse gases and combating climate change.
(c) Metal shredding facilities differ in important respects from waste management facilities. For this reason, regulation and oversight of metal shredding facilities are most appropriately addressed through requirements that are specific to the metal shredding industry while fully protecting human health and the environment. It is the intent of the Legislature that metal shredding facilities be regulated pursuant to this chapter and not Chapter 6.5 (commencing with Section 25100).
(d) The purpose of this chapter is to establish operating standards and other requirements applicable to metal shredding facilities and to resolve ongoing legal disputes over the regulatory status of metal shredding facilities in the state.
(e) The department is authorized to regulate metal processing operations at metal shredding facilities in accordance with this chapter.
(f) Existing metal shredding facilities that operate in accordance with the requirements of this chapter shall be deemed to have a permit from the department and are authorized by law to operate consistent with the requirements of this chapter.
(g) Nothing in this chapter is intended to alter or override the authority of any other federal, state, or local agency with jurisdiction to regulate the activities of a metal shredding facility in accordance with existing law.

Article  2. Definitions and General Provisions

25095.1.
 For purposes of this chapter, the following definitions apply:
(a) “Chemically treated metal shredder residue” or “CTMSR” means the waste generated from the shredding and processing of metallic materials, which may include, but is not limited to, end-of-life vehicles, appliances, and other metal-containing items, by a metal shredding facility where recoverable ferrous or nonferrous metals have been removed and the remaining metal shredder residue has been treated by a waste stabilization process, as described in this chapter.
(b) “Corrective action” means all actions necessary to mitigate any public health or environmental threat resulting from a release into the environment of hazardous substances from an operating or closed metal shredding facility and to restore the environmental conditions as necessary to protect human health and the environment.
(c) “Department” means the Department of Toxic Substances Control.
(d) “Effective date” means the date that this chapter becomes operative.
(e) “Existing metal shredding facility” means a metal shredding facility that is conducting metal shredding and metal processing operations as of the date that the act adding this chapter is signed into law by the Governor.
(f) “Feedstock” means material received by a metal shredding facility before shredding and processing, including, but not limited to, end-of-life vehicles, household appliances, or other forms of light gauge metal suitable for processing in a metal shredder. “Feedstock” is often referred to as light iron or tin.
(g) “Light fibrous material” means a fibrous mixture of nonmetallic materials, including, but not limited to, synthetic fabric and carpet fibers, and entrained metallic particles, often representing the lightest fraction of metal shredder aggregate produced from the shredding of end-of-life vehicles and other metallic items, that is susceptible to dispersal into the environment.
(h) “Metal processing operations” means the stockpiling and handling of metal shredder aggregate, the operations undertaken to separate, sort, and remove ferrous or nonferrous scrap metal from metal shredder aggregate, and the treatment and storage of metal shredder residue. “Metal processing operations” does not include shredding, crushing, baling, shearing, cutting, or other scrap metal recycling operations unrelated to the handling of metal shredder aggregate.
(i) “Metal shredder aggregate” means the mixture of shredded metallic and nonmetallic materials that is produced by the shredding of feedstock and that is subsequently processed for the purpose of separating, sorting, and removing ferrous metals, nonferrous metals, or other recyclable commodities from nonrecyclable materials. “Metal shredder aggregate” does not include metals that have been removed from metal shredder aggregate or from metal shredder residue.
(j) “Metal shredder residue” means waste comprising ground up plastics, rubber, glass, foam, fabric, carpet, wood, dirt, or other debris, that remains after recoverable ferrous and nonferrous metals or other recyclable commodities have been separated and removed from metal shredder aggregate. “Metal shredder residue” does not include chemically treated metal shredder residue.
(k) “Metal shredding facility” means the entire site and all contiguous properties under the control of the owner or operator of a facility that conducts metal shredding and metal processing operations for the purpose of processing end-of-life vehicles, appliances, or other metallic feedstock materials in order to facilitate the sizing, separation, sorting, or removal of recoverable ferrous or nonferrous metals from nonrecyclable materials. “Metal shredding facility” does not include a feeder yard if that facility does not conduct metal shredding operations.
(l) “New metal shredding facility” means a metal shredding facility that had not commenced metal shredding and metal processing operations as of the date that the act adding this chapter is signed into law by the Governor.
(m) “Operator” means the person responsible for the overall operation and management of a metal shredding facility.
(n) “Owner” means a person who owns a metal shredding facility in whole or in part.
(o) “Person” means any of the following:
(1) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a governmental corporation.
(2) A city, county, district, commission, the state, and any department, agency, or political subdivision thereof.
(3) An interstate body.
(4) The federal government and any department or agency thereof, to the extent permitted by law.
(p) “Scrap metal” has the same meaning as provided in Section 66260.10 of Title 22 of the California Code of Regulations.

25095.2.
 Except as otherwise expressly defined in this chapter or regulations implementing this chapter, all terms in this chapter that are defined in Article 2 (commencing with Section 25110) of Chapter 6.5 or its implementing regulations shall have the meanings provided in Article 2 (commencing with Section 25110) of Chapter 6.5 and its implementing regulations.

25095.3.
 Except as specified in this chapter, this chapter does not alter or override the authority of the department to regulate hazardous waste in accordance with existing laws and regulations, including, but not limited to, Chapter 6.5 (commencing with Section 25100) and Division 4.5 (commencing with Section 66250) of Title 22 of the California Code of Regulations.

25095.4.
 (a) The department’s Official Policy and Procedure 88-6, titled “Auto Shredder Waste Policy and Procedures” dated November 21, 1988, is hereby repealed.
(b) Any nonhazardous determination issued by the department or its predecessor, the State Department of Health Services, to any metal shredding facility pursuant to Section 66260.200(f) of Title 22 of the California Code of Regulations is hereby repealed.

25095.5.
 A citation or reference in this chapter to the California Code of Regulations shall be read as a citation or reference to that provision as it read on the effective date.

25095.6.
 (a) A local agency shall not deem a metal shredding facility operating pursuant to this chapter to be conducting hazardous waste treatment or storage operations for purposes of making a land use decision.
(b) For purposes of this section, “land use decision” means a discretionary decision of a local agency concerning a metal shredding facility project, including the issuance of a land use permit or conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to the Planning and Zoning Law (Title 7 (commencing with Section 65000) of the Government Code), and any local agency decision concerning a metal shredding facility that is in existence and the enforcement of those decisions. This section does not limit or restrict the authority of a local agency to impose conditions on, or otherwise regulate, metal shredding facilities in accordance with applicable law.

25095.7.
 The department shall adopt regulations to implement this chapter.

Article  3. Permits and Operations

25095.10.
 (a) A metal shredding facility shall not operate in California, unless it has a permit issued by the department or is deemed to have a permit from the department pursuant to this chapter.
(b) (1) The owner or operator of an existing metal shredding facility shall be deemed to have a permit from the department pursuant to this chapter if, on the effective date, it is operating in accordance with the requirements of this chapter and any regulations adopted by the department to implement this chapter. The owner or operator of an existing metal shredding facility that is deemed to have a permit shall continue to be deemed to have a permit for as long as they continuously operate the metal shredding facility in accordance with the requirements of this chapter and any regulations adopted by the department to implement this chapter.
(2) A person who submitted a hazardous waste facility permit application pursuant to Chapter 6.5 (commencing with Section 25100) to treat metal shredder residue before the date that the act adding this chapter is signed into law by the Governor may withdraw that application and is eligible to conduct those treatment operations pursuant to this chapter.
(3) No later than 120 days after the effective date, the owner or operator of an existing metal shredding facility shall provide all of the following information to the department for review and approval:
(A) A description of the metal processing operations conducted at the metal shredding facility, including all equipment used for this purpose.
(B) A metal shredding facility inspection plan.
(C) A closure plan.
(D) A current closure cost estimate.
(E) A corrective action cost estimate, if any.
(F) A metal shredding facility housekeeping plan.
(G) An inventory management plan.
(H) A preparedness and prevention plan consistent with the requirements of Article 3 (commencing with Section 66265.30) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(I) A contingency plan consistent with the requirements of Article 4 (commencing with Section 66265.50) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(J) A flood plain map, if applicable.
(K) Evidence of financial assurance consistent with the requirements of Article 8 (commencing with Section 66265.140) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(L) A written compliance plan as required by Section 25095.11, if applicable.
(4) The department shall post all information provided by the owner or operator of an existing metal shredding facility pursuant to paragraph (3) on the department’s internet website in a manner that is readily accessible to the public, with the exception of information that is submitted to the department under a claim of trade secrecy or business confidentiality and that has been determined by the department to be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(5) The department may impose additional metal shredding facility-specific conditions that the department determines to be necessary for the protection of human health and the environment.
(6) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the review or approval of the information provided by the owner or operator of an existing metal shredding facility, as required by paragraph (3).
(c) (1) The owner or operator of a new metal shredding facility shall submit an application to the department for a metal shredding facility permit and shall not commence operations at the new metal shredding facility until the department issues a permit for the new metal shredding facility.
(2) The application shall consist of both of the following:
(A) All the information described in paragraph (3) of subdivision (b).
(B) Any other information requested by the department.
(3) The approval of an application for a metal shredding facility permit for a new metal shredding facility shall be considered a discretionary decision that is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) A permit issued, or deemed to be issued, pursuant to this section shall authorize the storage and processing of metal shredder aggregate and the onsite chemical treatment of metal shredder residue generated at the metal shredding facility. This section does not require a permit to be issued, or deemed to be issued, for the operation of a hammermill or other equipment used at a metal shredding facility that does not involve the handling of metal shredder aggregate or metal shredder residue.

25095.11.
 (a) (1) An owner or operator of an existing metal shredding facility that is unable to comply with this chapter on the effective date shall, within 90 days of the effective date, submit a written compliance plan to the department that addresses each area of actual or potential noncompliance, outlines proposed actions to achieve compliance, and includes a schedule for implementing the plan. The department may extend the deadline for submitting a written compliance plan by no more than one year after the effective date if the unmet requirements for compliance involve physical modifications, upgrades, improvements, or additions to the metal shredding facility or equipment used for metal processing operations.
(2) Within 30 days of receipt of a written compliance plan, the department shall review the written compliance plan and either approve it as submitted or request modifications to it. The department shall specify in writing the justification for any requested modifications to a written compliance plan and shall confer with the owner or operator to resolve any areas of disagreement.
(3) The owner or operator of an existing metal shredding facility may operate the metal shredding facility pending implementation of the actions required by an approved written compliance plan. The owner or operator may request an extension of time for completing a required action if delay is caused by circumstances beyond the metal shredding facility’s reasonable control. The compliance dates and actions described in an approved written compliance plan may also be modified or extended if the owner or operator demonstrates in writing, to the satisfaction of the department, that the delay or need for modification or extension is the result of force majeure conditions. A request for extension shall be submitted to the department, in writing, no later than 30 days before the implementation date set forth in the approved written compliance plan. The department’s decision to deny a timely request for extension shall be considered a final agency action subject to judicial review in accordance with law.
(4) An owner or operator of an existing metal shredding facility that is operating in compliance with its approved written compliance plan shall be deemed in compliance with this chapter.
(b) In evaluating the elements of a written compliance plan submitted pursuant to subdivision (a), the department shall consider the site-specific aspects of the metal shredding facility, including, but not limited to, its size, its geographic location, its configuration, its existing equipment, its enclosures and infrastructure, its types of feedstocks, its annual throughput, the specific metal processing operations conducted at the metal shredding facility, and other relevant site-specific characteristics.

25095.12.
 The owner or operator of a metal shredding facility shall operate the metal shredding facility in accordance with all of the following requirements:
(a) The metal shredding facility shall be located, designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release of any of the following into air, soil, or surface water that could threaten human health or the environment:
(1) In-process materials or components thereof, including metal shredder aggregate and light fibrous material.
(2) Hazardous waste.
(3) Hazardous waste constituents.
(b) (1) The owner or operator of the metal shredding facility shall develop and follow an inbound source control policy to prevent the shredding of any of the following materials or wastes at the metal shredding facility:
(A) RCRA hazardous waste, as defined in Section 66261.100 of Title 22 of the California Code of Regulations, and non-RCRA hazardous waste, as defined in Section 66261.101 of Title 22 of the California Code of Regulations.
(B) Asbestos and asbestos-containing materials, except incidental asbestos-containing material that may be contained inside equipment and is not visible upon inspection.
(C) Radioactive materials.
(D) Petroleum-based wastes, including, but not limited to, used oil as defined in Section 25250.1, gasoline, and diesel, but not including non-free-flowing residual quantities of such wastes contained in depolluted vehicles or appliances.
(E) Polychlorinated biphenyls (PCB) materials and wastes, including, but not limited to, capacitors, electrical transformers, and transformer components.
(F) Fluorescent light ballasts, fluorescent lamps, neon, and high-intensity or mercury vapor lights.
(G) Military ordnance, except ordnance designated specifically as Material Designated as Safe (MDAS).
(H) Explosives, explosive residues, fireworks, and other incendiary materials.
(I) Regulated electronic waste.
(J) Mercury containing devices.
(K) Batteries, including, but not limited to, lead-acid batteries and lithium-ion batteries.
(L) Compressed gas cylinders and propane canisters, unless empty and disabled.
(2) The inbound source control policy shall contain all of the following:
(A) A written description of the load checking protocol designed to verify that materials or wastes identified in paragraph (1) are not shredded at the metal shredder facility. Incoming feedstock subject to load checking shall not be combined with other feedstock until the load-checking process has been completed.
(B) A written description of the process for rejecting loads, specific materials, or wastes that contain the materials or wastes identified in paragraph (1).
(C) A plan and template documents used to demonstrate that load checks are conducted and that materials or wastes identified in paragraph (1) are not accepted.
(D) A requirement to maintain all documentation related to the inbound source control policy and load checking onsite for at least five years and provide the documentation to the department upon request.
(E) A written description of a process to make a waste determination pursuant to Section 66262.11 of Title 22 of the California Code of Regulations for any of the materials or wastes listed in paragraph (1) that are identified in the load check and rejected. Any waste determined to be a hazardous waste shall be considered generated at the metal shredding facility and shall be managed as a hazardous waste in accordance with Chapter 6.5 (commencing with Section 25100).
(c) The owner or operator of the metal shredding facility shall develop and implement procedures for any depollution operations that are conducted at the metal shredding facility involving the removal of automotive fuels, lubricating oils, refrigerants, and materials that require special handling, as defined in Section 42167 of the Public Resources Code, including procedures for the proper management of those materials or wastes that are removed during depollution operations, pursuant to Section 25212.
(d) (1) Maintain all of the following documents at the metal shredding facility:
(A) A written inspection schedule, as specified in subdivision (b) of Section 66265.15 of Title 22 of the California Code of Regulations.
(B) A written description of training documents, including a syllabus or outline, of the type and amount of both introductory and continuing training that has been given to each person at the metal shredding facility.
(C) A contingency plan that contains the information specified in Section 66265.52 of Title 22 of the California Code of Regulations.
(D) A copy of any local air quality management district or air pollution control district permit and other governmental permits or approvals required for operation of the metal shredding facility equipment.
(E) A copy of the closure plan required under Section 25095.40.
(F) A copy of documents related to an environmental investigation and any cleanup, abatement, or other necessary corrective action taken pursuant to Section 67450.7 of Title 22 of the California Code of Regulations.
(G)  The onsite metal shredding facility housekeeping plan prepared pursuant to Section 25095.13.
(2) The owner or operator shall make the documents described in paragraph (1) available at the metal shredding facility to the department, the United States Environmental Protection Agency, or a local governmental agency upon request.
(e) Maintain compliance with all of the following regulations, if applicable:
(1) Article 2 (commencing with Section 66265.10) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(2) Article 3 (commencing with Section 66265.30) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(3) Article 4 (commencing with Section 66265.50) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(4) Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) The owner or operator of a metal shredding facility shall comply with subdivision (b) of Section 66265.142 of Title 22 of the California Code of Regulations.
(g) The owner or operator of a metal shredding facility shall provide notice to the department of an imminent or actual emergency situation, as required by Section 66265.56 of Title 22 of the California Code of Regulations.

25095.13.
 The owner or operator of a metal shredding facility shall develop and comply with plans and minimum standards relating to each of the following aspects of the metal processing operation:
(a) The control of releases, including, but not limited to:
(1) Plans for complying with applicable local air quality management district or air pollution control district regulations and permit requirements, including the requirements of any approved emissions minimization plan or comparable plan required by applicable regulations.
(2) An onsite metal shredding facility housekeeping plan that is approved by the department and that does all of the following:
(A) Details all measures to control dispersal of light fibrous material, metal shredder aggregate and its constituents, and metal shredder residue and constituents. Those measures shall include, but are not limited to, mechanical and manual sweeping, housekeeping, water trucks, dust suppression equipment, sprinklers, spray bars, deluge systems, fencing, and enclosures.
(B) Specifies the frequency for each measure detailed pursuant to subparagraph (A).
(C) Addresses the disposition of residuals generated from cleaning, including, but not limited to, debris, sweepings, rinse water, and any other material not classified as scrap metal.
(D) Requires the completion of written logs of all housekeeping activities. The written logs shall be maintained in accordance with Section 25095.12.
(3) A metal shredding facility inspection plan that is approved by the department. The metal shredding facility inspection plan shall include all of the following:
(A) Inspection of all facilities and equipment that is used to manage metal shredder aggregate.
(B) A copy of a general inspection schedule that complies, where applicable, as part of the inspection schedule, the specific requirements in Sections 66264.174, 66264.193(i), 66264.195, 66264.226, 66264.254, 66264.273, 66264.303, 66264.602, 66264.1033, 66264.1052, 66264.1053, 66264.1058, 66264.1084, 66264.1085, 66264.1086, and 66264.1088 of Title 22 of the California Code of Regulations.
(C) Where applicable, the requirements specified in Sections 66265.174, 66265.195, 66265.403, and 66265.1101 of Title 22 of the California Code of Regulations.
(D) All areas where the deposition of light fibrous material may occur, including accessible areas within 500 feet of the metal shredding facility.
(4) An inventory management plan, that is approved by the department, to prevent accumulation of metal shredder aggregate and treated or untreated metal shredder residue in excess of the limitations set forth in subparagraph (E) of paragraph (2) of subdivision (b).
(5) Standards for the installation and maintenance of paving with concrete surfacing, steel plate, or other department-approved impervious surface that is designed to collect and route water that drains to a process water management system. The paving shall be inspected quarterly and repaired as needed. The results of the paving inspections and any paving repairs shall be submitted to the department with the annual report and as requested by the department.
(b) (1) A separate written plan for the prevention, detection, and suppression of fires. The plan shall comply with all of the following:
(A) Be shared with local emergency responders.
(B) Be used to monitor metal shredding facility operations for evidence of incipient fire.
(C) Establish procedures for responding to fires of different duration and severity.
(D) Be activated in response to any incident at the metal shredding facility that falls within the scope of the plan.
(2) The plan shall include all of the following:
(A) Maintenance of appropriate response to incipient fires and access to adequate water, firefighting foam, and other supplies at the metal shredding facility that can be used in responding to an incipient or larger fire.
(B) Training of metal shredding facility personnel in the proper use of fire-response equipment and procedures and notification requirements.
(C) Coordination with local fire departments and other first responders as necessary to support maximum effectiveness in responding to an emergency at the metal shredding facility.
(D) The monitoring of temperatures on all feedstock, metal shredder aggregate piles, and equipment relating to metal processing operations using an infrared camera or other equivalent.
(E) A pile of metal shredder aggregate or feedstock shall not be larger than the amount of material that can be processed in 48 hours. Metal shredder aggregate or feedstock shall not remain in piles for more than 48 hours, except during weekends or holidays. Metal shredder aggregate or feedstock piles held in excess of 24 hours, including during weekends or holidays, shall be subject to 24-hour onsite surveillance.
(c) Stormwater management and control, including, but not limited to:
(1) Containment of stormwater in sumps, tanks, and associated piping or other engineered retention units to minimize ponding at the metal shredding facility.
(2) A stormwater testing plan to identify if stormwater exhibits any characteristic of toxicity as described in Section 66261.24 of Title 22 of the California Code of Regulations.
(3) Compliance with the metal shredding facility’s stormwater pollution prevention plan and spill prevention, control, and countermeasures plan.
(4) Discharge of stormwater in accordance with the general permit for discharges of stormwater associated with industrial activities or waste discharge requirements issued by a regional water quality control board, including sampling requirements.

25095.14.
 (a) Subject to subdivision (b), the owner or operator of a metal shredding facility may make the following physical or operational changes to the metal shredding facility without seeking prior approval from the department:
(1) Throughput increases and increases in operating rate.
(2) Increases in efficiency of metal processing operations, including, without limitation, sizing, separation, sorting, removal, and recovery.
(3) Changes in design of processing equipment and conveyance systems.
(4) Changes in operations and methods of operation.
(5) Installation and modification of processing and other equipment and conveyance systems.
(6) Repair and replacement of processing and other equipment and conveyance systems.
(7) Decommissioning and removal of equipment and conveyance systems that are no longer in use.
(8) Construction of new structures and enclosures and changes to structures and enclosures.
(9) Installation and modification of abatement equipment and emission control systems.
(10) Installation of and modifications to water reuse and recycling systems.
(11) Installation of and repair to paving.
(12) Changes to the metal shredding facility unrelated to the storage or processing of metal shredder aggregate and metal shredder residue.
(b) (1) The changes described in subdivision (a) may only be made without seeking prior approval from the department if the metal shredding facility maintains compliance with this chapter.
(2) The owner or operator of a metal shredding facility that proposes to modify the metal shredding facility in a manner that could result in a significant environmental impact from operations that were not considered by the department in reviewing the information submitted pursuant to this article shall provide the department with 60 days advance written notice of the modification and shall not implement the modification without approval from the department.
(3) On or before July 1 of each year, the owner or operator of a metal shredding facility shall submit an annual report to the department describing the material physical or operational changes, if any, made to the metal shredding facility during the previous calendar year relating to the management of metal shredder aggregate or metal shredder residue.
(4) Upon request by the department, the metal shredding facility shall be required to provide additional information about the nature or extent of changes described in the annual report as necessary to demonstrate the metal shredding facility’s ongoing compliance with applicable regulations.
(5) Physical changes to the metal shredding facility’s ongoing operations that are reported to the department in compliance with paragraph (3) may be subject to modification as required by the department as necessary to comply with the requirements of this chapter.

25095.15.
 (a) The owner or operator of a metal shredding facility shall maintain all metal shredder aggregate during metal processing operations as necessary to achieve the following minimum standards:
(1) All outdoor equipment used for processing metal shredder aggregate shall be enclosed or covered and designed, operated, and maintained to prevent the release of light fibrous material into the environment.
(2) All outdoor equipment used for the conveyance of metal shredder aggregate from one location within the metal shredding facility to another location within the metal shredding facility shall be enclosed or covered and designed, operated, and maintained to prevent the release of light fibrous material into the environment.
(3) All vehicles used for the outdoor transfer of metal shredder aggregate shall be loaded and unloaded in a manner that minimizes the possibility of releasing light fibrous material into the environment.
(b) Metal shredder aggregate shall be stored or accumulated inside a structure that protects the material from exposure to the elements and prevents the release of light fibrous material into the environment. At a minimum, the structure shall meet all of the following requirements:
(1) The structure shall be enclosed with a floor, roof, and walls sufficient to protect the metal shredder aggregate from exposure to the elements and to contain the metal shredder aggregate and any process residues that are managed in the structure.
(2) The roof shall completely cover all areas used for storage or accumulation of metal shredder aggregate.
(3) The floor shall be constructed of concrete surfacing, steel plate, or other impervious surface and designed to collect and route any water that drains from the metal shredder aggregate to a process water management system. The floor shall be inspected on a quarterly basis and repaired as needed. The results of the inspections and any repairs to the floor shall be submitted to the department with the annual report submitted pursuant to Section 25095.14 or as otherwise requested by the department.
(4) Any free liquids that drain from materials stored inside the enclosure shall be collected and routed to the metal shredding facility’s water management system.
(c) Trommel or augers shall be maintained in a building or otherwise covered or enclosed so as to prevent releases.
(d) Subject to written approval by the department, outdoor stockpiling of metal shredder aggregate may be allowed for limited periods of time if all of the following conditions are met:
(1) The activity is necessary to accommodate unforeseen circumstances or operational disruptions that prevent the material from being stored inside an enclosure.
(2) The operator provides written notice to the department at least 24 hours before the need to store material outside arises.
(3) The operator conducts watering or other dust control measures to minimize the release of light fibrous material from the stockpile into the environment.
(4) The outdoor stockpiling activity is conducted for 10 or fewer consecutive operating days.
(e) The requirements of this section shall also apply to the management of untreated and treated metal shredder residue.

25095.16.
 (a) Metal shredder aggregate that is transported to an offsite metal shredding facility for purposes of processing shall be tarped or otherwise contained during shipment and transported in a manner that prevents its release into the environment.
(b) The metal shredder aggregate shall be shipped directly to the offsite metal shredding facility and shall not be handled at any interim location or held at any publicly accessible interim location for more than four hours unless required by hours of service or other applicable law or held by a rail transporter for reasons outside the control of the person arranging for transport.
(c) Each shipment of metal shredder aggregate by truck or rail shall be identified by a standard bill of lading or other shipping document that complies with applicable United States Department of Transportation requirements and that contains all of the following:
(1) The quantity, by weight, of metal shredder aggregate being transported.
(2) The name, physical and mailing addresses, and telephone number of the metal shredding facility that produced the metal shredder aggregate.
(3) The name, physical and mailing addresses, and telephone number of the metal processing facility that will process the metal shredder aggregate.
(4) The date the shipment of metal shredder aggregate leaves the metal shredding facility.
(5) The date the shipment of metal shredder aggregate is scheduled to arrive at the receiving metal processing facility.
(6) The name of the transporter that shipped the metal shredder aggregate from the metal shredding facility to the metal processing facility.
(d) The originating metal shredding facility shall retain a copy of all shipping documents onsite, in either paper or electronic form, for a period of at least three years. The three-year record retention period may be extended at the direction of the department during the course of any unresolved enforcement action regarding the shipments.

Article  4. Nonhazardous Waste Materials

25095.20.
 (a) If managed in accordance with this chapter, the following materials are not hazardous waste, as defined in Section 25117, and shall not be subject to regulation under Chapter 6.5 (commencing with Section 25100) of this division or Division 4.5 (commencing with Section 66250) of Title 22 of the California Code of Regulations:
(1) Scrap metal.
(2) Metal shredder aggregate that is managed in any of the following ways:
(A) The metal shredder aggregate is stored and processed at the same metal shredding facility that produced the metal shredder aggregate.
(B) The metal shredder aggregate is transferred from a metal shredding facility to another metal recycling facility for the purpose of processing or further processing the metal shredder aggregate to separate and remove ferrous or nonferrous metals, subject to all of the following:
(i) The receiving facility is a metal shredding facility located in the State of California and operates in accordance with the requirements of this chapter.
(ii) The receiving facility is a metal recycling facility located in a state other than the State of California, is owned or operated by the same person that produced the metal shredder aggregate in the State of California, and the metal shredding facility manages the metal shredder aggregate in compliance with the law of the state where the receiving facility is located. For purposes of this subparagraph, “person” also includes a corporate parent, corporate subsidiary, or a subsidiary of the same corporate parent.
(iii) The receiving facility keeps records of the amount of ferrous and nonferrous metal recovered from the metal shredder aggregate and makes this information available to the department upon request.
(iv) The metal shredder aggregate is transported in accordance with the requirements of Section 25095.16.
(3) Intermediate or finished metal products that are subject to further processing to improve product quality.
(4) Ferrous and nonferrous metal commodities that are separated or removed from metal shredder aggregate at a metal shredding facility.
(5) Nonmetallic recyclable items recovered from metal shredder aggregate for which a market exists.
(6) Chemically treated metal shredder residue that is treated and managed in accordance with the conditions set forth in Section 25095.21.
(b) Notwithstanding subdivision (a), metal shredder aggregate that is released into the environment during transportation shall be subject to any applicable definition of hazardous waste in law and to regulation under Chapter 6.5 (commencing with Section 25100).

25095.21.
 (a) Chemically treated metal shredder residue is not hazardous waste after waste stabilization if all of the following conditions are met:
(1) Untreated metal shredder residue shall be treated with at least 0.7 gallons of silicate solution per short ton of the untreated metal shredder residue and cement by weight equal to 8.5 percent of the weight of the untreated metal shredder residue.
(2) Metal shredding facilities shall document, on a weekly basis, how many tons of metal shredder residue was treated and how much silicate solution and cement were used in the treatment of the untreated metal shredder residue to comply with paragraph (1).
(3) The chemically treated metal shredder residue does not meet the definition of RCRA hazardous waste, as defined in Section 66261.100 of Title 22 of the California Code of Regulations.
(4) Immediately after waste stabilization, and at all times before offsite transportation and disposal, chemically treated metal shredder residue shall be managed in a manner that prevents releases of chemically treated metal shredder residue outside of a designated accumulation area. The designated accumulation area shall meet the requirements of either of the following:
(A) Meets all of the following requirements:
(i) The chemically treated metal shredder residue shall be accumulated in a designated area within a self-supporting structure to assure containment of the chemically treated metal shredder residue. The designated accumulation area shall only hold chemically treated metal shredder residue. The self-supporting structure shall be fully or partially enclosed with a floor, at least three walls, and a roof to prevent exposure to the elements, such as surface transport by precipitation runoff, contamination of soil and groundwater, wind dispersal of chemically treated metal shredder residue, and catastrophic failures.
(ii) The self-supporting structure shall be constructed of man-made materials of sufficient strength and thickness to support themselves, the waste contents, any personnel and heavy equipment that operate within the unit, and the stresses of daily operation, such as the movement of personnel, wastes, and handling of equipment within the structure.
(iii) The designated accumulation area shall be labeled or marked clearly with the words “Chemically Treated Metal Shredder Residue” or “CTMSR.” The metal shredding facility shall comply with accumulation time limits as required in Section 66262.34 of Title 22 of the California Code of Regulations.
(B) A containment building holding chemically treated metal shredder residue that meets the requirements of either of the following:
(i) Article 29 (commencing with Section 66264.1100) of Chapter 14 of Title 22 of the California Code of Regulations.
(ii) Article 29 (commencing with Section 66265.1100) of Chapter 15 of Title 22 of the California Code of Regulations.
(b) Chemically treated metal shredder residue shall not be transported to, and shall not be disposed of at, any location other than one of the following:
(1) 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, based on State Water Resources Control Board Resolution No. 93-62.
(2) A solid waste landfill or other facility that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or that allows for the discharge of chemically treated metal shredder residue. The discharge of chemically treated metal shredder residue includes its use as an alternative daily cover or for other beneficial reuse pursuant to Section 41781.3 of the Public Resources Code and the regulations adopted to implement that section.
(3) Any other landfill or location that is authorized by law to receive chemically treated metal shredder residue for disposal or beneficial use.
(c) The transporter of chemically treated metal shredder residue shall comply with all of the following conditions:
(1) Chemically treated metal shredder residue shall be contained and covered during shipment and transported in a manner that prevents any release into the environment.
(2) The transporter shall comply with all applicable United States Department of Transportation shipping requirements.
(3) The container used to transport chemically treated metal shredder residue shall lack evidence of leakage, spillage, or damage that could cause releases under reasonably foreseeable conditions.
(4) The transporter of chemically treated metal shredder residue shall not transport chemically treated metal shredder residue to a place other than a landfill approved to receive chemically treated metal shredder residue, as described in subdivision (b).
(5) The chemically treated metal shredder residue is not held at any publicly accessible interim location for more than four hours, unless required by other provisions of law, before disposal.
(6) If an unauthorized release of chemically treated metal shredder residue occurs during transportation, the transporter shall immediately contain all releases of chemically treated metal shredder residue and residues from chemically treated metal shredder residue into the environment and determine whether any material resulting from that release is a hazardous waste and, if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The transporter of chemically treated metal shredder residue is considered the generator of any hazardous waste resulting from the release and is subject to the requirements of Chapter 12 (commencing with Section 66262.10) of Division 4.5 of Title 22 of the California Code of Regulations.
(d) Each shipment of chemically treated metal shredder residue shall be accompanied by a shipping document containing all of the following information:
(1) The quantity, by weight in short tons, of chemically treated metal shredder residue being transported.
(2) The name, physical and mailing addresses, and telephone number of the generating metal shredding facility.
(3) The name, physical and mailing addresses, and telephone number of the destination landfill.
(4) The date the shipment of chemically treated metal shredder residue leaves the metal shredding facility.
(5) The date the shipment of chemically treated metal shredder residue arrives at the destination landfill.
(6) The name and telephone number of the transporter who shipped the chemically treated metal shredder residue from the metal shredding facility to the destination landfill.
(e) The metal shredding facility shall retain onsite a copy of all documentation produced pursuant to this section for at least three years from the date that the chemically treated metal shredder residue that is the subject of the documentation was generated. The department may request the information identified in subdivision (d) in the form of a summary log or a copy of each individual shipping document. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding chemically treated metal shredder residue management activity or as requested by the department.
(f) The generating metal shredding facility shall, on or before February 1 of the following year, submit to the department, at the address specified in subdivision (g) of this section, a written annual report containing all of the following information:
(1) The name, physical and mailing addresses, and telephone number of the generating metal shredding facility.
(2) The name, telephone number, and email address of the contact person at the generating metal shredding facility who should be contacted regarding management, transportation, and disposal of chemically treated metal shredder residue.
(3) The name, physical and mailing address, and telephone number for each of the landfills to which the generating metal shredding facility shipped chemically treated metal shredder residue during the previous calendar year.
(4) The total cumulative quantity of chemically treated metal shredder residue, by weight in short tons, shipped to all landfills, and the respective quantity of chemically treated metal shredder residue, by weight in short tons, shipped to each landfill, during the previous calendar year.
(5) The United States Environmental Protection Agency identification number of the generating metal shredding facility.
(g) The metal shredding facility shall provide a copy of any relevant document identified in subdivision (e) upon receipt of a request from the department. Annual reports submitted to the department pursuant to subdivision (f) shall be sent to the following address: Department of Toxic Substances Control, CTMSR Reporting Staff, P.O. Box 806, Sacramento, CA 95812-0806, with the words “Attention: CTMSR Annual Report” prominently displayed on the front of the envelope.

Article  5. Reporting

25095.30.
 (a) Except as otherwise provided in subdivision (c), within one year after the effective date, the owner or operator of a metal shredding facility shall conduct a preliminary endangerment assessment, as defined in Section 78095, and submit it to the department. The preliminary endangerment assessment shall be conducted in accordance with the most current department guidance manual for evaluating hazardous substance release sites and shall include an evaluation of process areas or locations where releases of materials containing hazardous constituents may have or have occurred, a conceptual site model, and site-specific human health and ecological screening evaluations.
(b) The owner or operator of a metal shredding facility shall conduct corrective action as needed to address releases of hazardous substances that pose a significant threat to human health or the environment. This subdivision does not prohibit the department from issuing a corrective action order under Section 25187 subsequent to any investigation of the metal shredding facility.
(c) The owner or operator of a metal shredding facility may demonstrate compliance with this section by providing evidence to the department that, within the last five years, the metal shredding facility has completed an assessment of the metal shredding facility pursuant to an order issued by the department, a regional water quality control board, or any other federal, state, or local agency and is implementing, or has implemented, any corrective action requirements imposed by the agency.

25095.31.
 (a) The owner or operator of a metal shredding facility shall provide the department with immediate notice of a fire or other incident at the metal shredding facility that requires the assistance of a local fire department or other first responder. This notice shall be in addition to any notice that is required to be made to the Office of Emergency Services or any other agency under applicable law.
(b) The owner or operator of a metal shredding facility shall establish an effective means of providing public notice to members of the surrounding community upon the occurrence of a fire or other incident at the metal shredding facility that requires the assistance of a local fire department or other first responder.
(c) The department shall evaluate how to apply to metal shredding facilities its policies relating to environmental justice and the protection of vulnerable communities or sensitive receptors and other sensitive locations as described in subdivisions (b) and (c) of Section 25200.21.

Article  6. Closure

25095.40.
 (a) The owner or operator of a metal shredding facility shall have a written closure plan.
(1) The written closure plan shall address all of the following:
(A) The closure and removal of all feedstock, metal shredder aggregate, and treated and untreated metal shredder residue.
(B) The decontamination of equipment and operating areas used for processing metal shredder aggregate.
(C) The treatment of metal shredder residue and management of chemically treated metal shredder residue.
(2) The written closure plan shall include all of the following:
(A) A description of how each authorized unit will be closed. The description shall identify the maximum extent of the operation during the life of the unit, and how all of the following requirements will be met, if applicable:
(i) Section 66265.114 of Title 22 of the California Code of Regulations.
(ii) Subdivisions (a), (b), and paragraphs (1) and (2) of subdivision (c) of Section 66265.197 of Title 22 of the California Code of Regulations.
(iii) Section 66265.404 of Title 22 of the California Code of Regulations.
(B) An estimate of the maximum inventory of material in storage and in treatment at any time during the operation of an authorized unit at the metal shredding facility.
(C) A description of the steps needed to remove or decontaminate a unit, equipment, or structure during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required.
(D) An estimate of the expected year of closure and a schedule for final closure. The schedule for final closure shall include, at minimum, the total time required to close each authorized unit.
(3) The written closure plan shall be subject to approval by the department.
(4) An amendment to the written closure plan shall be done in compliance with subdivision (c) of Section 66265.112 of Title 22 of the California Code of Regulations.
(b) The metal shredder facility shall maintain compliance with both of the following requirements regarding closure:
(1) Subdivisions (a) and (b) of Section 66265.111 of Title 22 of the California Code of Regulations, in the same manner as those provisions apply to metal shredding facilities.
(2) Section 66265.114 of Title 22 of the California Code of Regulations.
(c) Within 90 days after processing the final volume of metal shredder aggregate, the owner or operator shall commence closure of the metal shredding facility in accordance with the written closure plan.
(d) The owner or operator shall complete closure activities in accordance with the written closure plan within 180 days after processing the final volume of metal shredder aggregate unless the owner or operator demonstrates to the department any of the following:
(1) The activities required to complete the closure will require longer than 180 days to complete.
(2) An authorized unit has the capacity to process additional metal shredder aggregate.
(3) There is a reasonable likelihood that a person other than the owner or operator will recommence operation of a unit, closure of the unit would be incompatible with the operation of the metal shredding facility, and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment.
(e) The owner or operator shall notify the department and any other agencies having jurisdiction over the closure project at least 15 days before completion of closure.
(f) The owner or operator shall remain in compliance with all applicable requirements of this chapter until the owner or operator submits to the department or authorized agency a certification signed by the owner or operator and by an independent, professional engineer registered in California that closure has been completed in accordance with the written closure plan and that the written closure plan meets or exceeds the applicable requirements of this chapter.

25095.41.
 (a) The owner or operator shall provide a closure cost estimate to the department in accordance with Section 66265.142 of Title 22 of the California Code of Regulations and based on all of the following factors:
(1) The cost of transporting any unprocessed metal shredder aggregate and metal shredder residue to another metal shredding facility for processing or disposal.
(2) The cost of decontaminating all areas and equipment used for storage and processing of metal shredder aggregate.
(3) The cost of decontaminating all areas and equipment used for treatment and storage of treated or untreated metal shredder residue.
(4) The cost for all closure sampling and analysis confirming decontamination sufficiently meets closure performance standards.
(5) The cost of disposition of the maximum amount of metal shredder aggregate and metal shredder residue that may be present at the metal shredding facility at the time of closure.
(6) The cost of closure certification.
(b) For purposes of calculating the closure cost estimate, the owner or operator may apply the fair market value of any remaining feedstock and metal shredder aggregate against the estimated cost of closure. In addition, the owner or operator may take into consideration metal shredding facility structures, equipment, and other assets that may continue to be used, sold to third parties, or salvaged for scrap value. The closure cost estimate shall also be determined based on the site-specific aspects of the metal shredding facility, including, without limitation, those site-specific aspects specified in Section 25095.40.
(c) The owner or operator shall provide a financial assurance mechanism for closure of the metal shredding facility using one or more of the financial mechanisms described in Section 66265.143 of Title 22 of the California Code of Regulations.
(d) The owner or operator shall provide a financial assurance mechanism for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the metal shredding facility. The owner or operator shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least one million dollars ($1,000,000) per occurrence with an annual aggregate of at least two million dollars ($2,000,000), exclusive of legal defense costs. The owner or operator may satisfy the requirements of this subdivision through a financial mechanism identified in Section 66265.147 of Title 22 of the California Code of Regulations.

Article  7. Fees

25095.50.
 (a) The department may collect an annual fee from all metal shredding facilities that are subject to the requirements of this chapter. The department shall establish and adopt regulations necessary to administer this fee and to establish a fee schedule that is set at a rate sufficient to reimburse the department’s reasonable costs to implement this chapter as applicable to metal shredding facilities. The fee schedule established by the department may be adjusted annually by the Board of Environmental Safety as necessary and shall provide for the assessment of no more than the reasonable and necessary costs of the department to implement this chapter, as applicable to metal shredding facilities.
(b) The Controller shall establish a separate subaccount in the Hazardous Waste Control Account. The fees collected pursuant to this section shall be deposited into the subaccount and be available for expenditure by the department, upon appropriation by the Legislature, solely for purposes of implementation and administration of this chapter.
(c) A regulation adopted pursuant to this section may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
(d) (1) A metal shredding facility paying an annual fee in accordance with this section is not subject to any of the following fees set forth in Chapter 6.5 (commencing with Section 25100), with respect to the production and processing of metal shredder aggregate and the generation, handling, treatment, transportation, and disposal of untreated or treated metal shredder residue:
(A) A fee imposed pursuant to Section 25205.7.
(B) A disposal fee imposed pursuant to Section 25174.1.
(C) A facility fee imposed pursuant to Section 25205.2.
(D) A fee imposed pursuant to Section 25205.5.
(2) A metal shredding facility is not exempt from the fees listed in paragraph (1) for any hazardous waste generated and handled by the metal shredding facility that are ancillary to metal processing operations at the metal shredding facility.

Article  8. Enforcement

25095.60.
 The authority granted to the department in Article 8 (commencing with Section 25180) of Chapter 6.5 and its implementing regulations may be used to enforce this chapter, including, but not limited to, the authority to suspend the authorization of any metal shredding facility that has been determined to pose an imminent and substantial endangerment to human health or the environment.

25095.61.
 (a) (1) The department may revoke or suspend a permit, including a deemed permit, authorizing a metal shredding facility to operate under this chapter. A revocation or suspension shall be based on at least one of the following:
(A) Noncompliance with a condition of the applicable permit.
(B) An owner or operator’s failure in the application or during the permit issuance process to disclose fully all relevant facts or a misrepresentation of any relevant fact at any time.
(C) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit denial, modification, suspension, or revocation.
(D) Any cause specified in Section 25186.
(2) The department shall provide notice of any adverse action it proposes to be taken to the owner or operator of the metal shredding facility by certified mail with return receipt requested or by personal service.
(3) An owner or operator who wishes to appeal that adverse action shall appeal by submitting a letter to the department, within 10 days of receipt of notice of the adverse action, and requesting a hearing.
(4) Proceedings to appeal the department’s decision concerning the revocation or suspension of a permit to operate a metal shredding facility pursuant to this chapter shall be conducted in accordance with Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) An authorization to operate pursuant to this chapter is contingent upon the accuracy of information contained in the notifications and other documents required to be maintained.

SEC. 2.

 Section 25117 of the Health and Safety Code is amended to read:

25117.
 (a) Except as provided in subdivision (d), “hazardous waste” means a waste that meets any of the criteria for the identification of a hazardous waste adopted by the department pursuant to Section 25141.
(b) “Hazardous waste” includes, but is not limited to, RCRA hazardous waste.
(c) Unless expressly provided otherwise, “hazardous waste” also includes extremely hazardous waste and acutely hazardous waste.
(d) “Hazardous waste” does not include a material that is not hazardous waste pursuant to Section 25095.20 or 25095.21.

(d)

(e) Notwithstanding subdivision (a), in any criminal or civil prosecution brought by a city attorney, county counsel, district attorney, or the Attorney General for violation of this chapter, when it is an element of proof that the person knew or reasonably should have known of the violation, or violated the chapter willfully or with reckless disregard for the risk, or acted intentionally or negligently, the element of proof that the waste is hazardous waste may be satisfied by demonstrating that the waste exhibited the characteristics set forth in subdivision (b) of Section 25141.

SEC. 3.

 Section 25150.82 of the Health and Safety Code is repealed.
25150.82.

(a)The Legislature finds and declares that this section is intended to address the unique circumstances associated with the operation of metal shredding facilities, and the generation and management of wastes generated by metal shredding facilities. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes.

(b)For purposes of this section, “metal shredding facility” means an operation that uses a shredding technique to process end-of-life vehicles, appliances, and other forms of scrap metal to facilitate the separation and sorting of ferrous metals, nonferrous metals, and other recyclable materials from nonrecyclable materials that are components of the end-of-life vehicles, appliances, and other forms of scrap metal. “Metal shredding facility” does not include a feeder yard, a metal crusher, or a metal baler, if that facility does not otherwise conduct metal shredding operations.

(c)The department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, may adopt regulations establishing management standards for metal shredding facilities for hazardous waste management activities within the department’s jurisdiction as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter, if the department does all of the following:

(1)Prepares an analysis of the activities to which the alternative management standards will apply pursuant to subdivision (d). The department shall first prepare the analysis as a preliminary analysis and make it available to the public at the same time that the department gives notice, pursuant to Section 11346.4 of the Government Code, that it proposes to adopt the alternative management standards. The department shall include in the notice a statement that the department has prepared a preliminary analysis and a statement concerning where a copy of the preliminary analysis can be obtained. The information in the preliminary analysis shall be updated and the department shall make the analysis available to the public as a final analysis not less than 10 working days before the date that the regulation is adopted.

(2)Demonstrates at least one of the conclusions set forth in paragraphs (1) to (4), inclusive, of subdivision (e).

(3)Imposes, as may be necessary, conditions and limitations as part of the alternative management standards that ensure that the hazardous waste management activity to which the alternative management standards will apply will not pose a significant potential hazard to human health or safety or to the environment.

(d)Before the department gives notice of a proposal to adopt the alternative management standards pursuant to subdivision (c), and before the department adopts the regulation, the department shall do all of the following:

(1)Evaluate the operative environmental and public health regulatory oversight of metal shredding facilities, identifying activities that need to be addressed by the alternative management standards, or other advisable regulatory or statutory changes.

(2)Evaluate the hazardous waste management activities.

(3)Prepare, as required by paragraph (1) of subdivision (c), an analysis that addresses all of the following aspects of the activity, to the extent that the alternative management standards can affect these aspects of the activity:

(A)The types of hazardous waste and the estimated amounts of each hazardous waste that are managed as part of the activity and the hazards to human health or safety or to the environment posed by reasonably foreseeable mismanagement of those hazardous wastes and their hazardous constituents. The estimate of the amounts of each hazardous waste that are managed as part of the activity shall be based upon information reasonably available to the department.

(B)The complexity of the activity, and the amount and complexity of operator training, equipment installation and maintenance, and monitoring that are required to ensure that the activity is conducted in a manner that safely and effectively manages each hazardous waste.

(C)The chemical or physical hazards that are associated with the activity and the degree to which those hazards are similar to, or different from, the chemical or physical hazards that are associated with the production processes that are carried out in the facilities that produce the hazardous waste that is managed as part of the activity.

(D)The types of accidents that might reasonably be foreseen to occur during the management of particular types of hazardous waste streams as part of the activity, the likely consequences of those accidents, and the reasonably available actual accident history associated with the activity.

(E)The types of locations where hazardous waste management activities associated with metal shredding and management of treated metal shredder waste may be carried out and the types of hazards or risks that may be posed by proximity to the land uses described in Section 25227. The estimate of the number of locations where the activity may be carried out shall be based upon information reasonably available to the department.

(e)The department shall not give notice proposing the adoption of, and the department shall not adopt, a regulation pursuant to subdivision (c) unless it first demonstrates at least one of the following, using the information developed in the analysis prepared pursuant to subdivision (d) and any other information available to the department:

(1)The requirements that the alternative management standards replace are not significant or important in either of the following situations:

(A)Preventing or mitigating potential hazards to human health or safety or to the environment posed by the activity.

(B)Ensuring that the activity is conducted in compliance with other applicable requirements of this chapter and the regulations adopted pursuant to this chapter.

(2)A requirement is imposed and enforced by another public agency that provides protection of human health and safety and the environment that is as effective as, and equivalent to, the protection provided by the requirement, or requirements, that the alternative management standards replace.

(3)Conditions or limitations imposed as part of the alternative management standards will provide protection of human health and safety and the environment equivalent to the requirement, or requirements, that the alternative management standards replace.

(4)Conditions or limitations imposed as part of the alternative management standards accomplish the same regulatory purpose as the requirement, or requirements, that the alternative management standards replace, but at less cost or with greater administrative convenience, and without increasing potential risks to human health or safety or to the environment.

(f)The department shall not adopt alternative management standards pursuant to this section if those standards are less stringent than the standards that would otherwise apply under the federal act.

(g)Nothing in the alternative management standards authorized by this section is intended to duplicate or conflict with other laws, rules, or regulations adopted by other state agencies or affected local air quality management districts. The department shall, as much as possible, align the alternative management standards with the laws, rules, and regulations of other state agencies or affected local air quality management districts.

(h)The owner or operator of a metal shredding facility, or solid waste disposal facility that has accepted treated metal shredder waste, that may be subject to the alternative management standards shall provide to the department all information and data determined by the department to be relevant to the evaluation and preparation of the analysis required by subparagraphs (A) to (E), inclusive, of paragraph (3) of subdivision (d).

(i)The alternative management standards adopted by the department pursuant to this section may, to the extent it is consistent with the standards that would otherwise apply under the federal act, allow for treated metal shredder waste to be classified and managed as nonhazardous waste, provided that the analysis prepared pursuant to subdivision (d) demonstrates that classification and management as hazardous waste is not necessary to prevent or mitigate potential hazards to human health or safety or to the environment posed by the treated metal shredder waste.

(j)(1)The disposal of treated metal shredder waste shall be regulated pursuant to this chapter and the regulations adopted pursuant to this chapter, unless alternative management standards are adopted by the department pursuant to this section.

(2)If the alternative management standards adopted by the department pursuant to this section result in treated metal shredder waste being classified as nonhazardous waste, the material may be managed in either of the following manners:

(A)It may be used at a unit described in subparagraph (B) as alternative daily cover or for beneficial reuse pursuant to Section 41781.3 of the Public Resources Code and the regulations adopted to implement that section.

(B)It may be placed in a unit that meets the waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code that allow for discharges of designated waste, as defined in Section 13173 of the Water Code, or of treated metal shredder waste.

(3)This section does not limit the disposal or use of treated metal shredder waste as alternative daily cover pursuant to Section 41781.3 of the Public Resources Code and the regulations adopted to implement that section, or for other authorized beneficial uses if that disposal or use is at a facility meeting the requirements of subparagraph (B) of paragraph (2), is made under the authority of the hazardous waste determinations governing metal shredder waste issued by the department before January 1, 2014, and is made before the department does either of the following:

(A)Rescinds, in accordance with applicable law, the conditional nonhazardous waste classifications issued pursuant to subdivision (f) of Section 66260.200 of Title 22 of the California Code of Regulations with regard to treated metal shredder waste.

(B)Completes the adoption of alternative management standards pursuant to this section.

(k)The department shall complete the analysis described in paragraph (1) of subdivision (c) and subsequent regulatory action before January 1, 2018. All hazardous waste classifications and policies, procedures, or guidance issued by the department before January 1, 2014, governing or related to the generation, treatment, and management of metal shredder waste or treated metal shredder waste shall be inoperative and have no further effect on January 1, 2018, if the department completes its analysis pursuant to subdivision (c) and takes one of the following actions:

(1)Rescinds the conditional nonhazardous waste classifications issued pursuant to subdivision (f) of Section 66260.200 of Title 22 of the California Code of Regulations with regard to that waste.

(2)Adopts alternative management standards pursuant to this section.

(l)The authority of the department to adopt original regulations pursuant to this section shall remain in effect only until January 1, 2018, unless a later enacted statute, which is enacted before January 1, 2018, deletes or extends that date. This subdivision does not invalidate any regulation adopted pursuant to this section before the expiration of the department’s authority.

(m)A regulation adopted pursuant to this section on or before January 1, 2018, shall continue in force and effect after that date, until repealed or revised by the department.

SEC. 4.

 Section 25150.84 of the Health and Safety Code is repealed.
25150.84.

(a)The department is authorized to collect an annual fee from all metal shredding facilities that are subject to the requirements of this chapter or to the alternative management standards adopted pursuant to Section 25150.82. The department shall establish and adopt regulations necessary to administer this fee and to establish a fee schedule that is set at a rate sufficient to reimburse the department’s costs to implement this chapter as applicable to metal shredder facilities. The fee schedule established by the department may be updated periodically as necessary and shall provide for the assessment of no more than the reasonable and necessary costs of the department to implement this chapter, as applicable to metal shredder facilities.

(b)The Controller shall establish a separate subaccount in the Hazardous Waste Control Account. The fees collected pursuant to this section shall be deposited into the subaccount and be available for expenditure by the department upon appropriation by the Legislature.

(c)A regulation adopted pursuant to this section may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

(d)(1)A metal shredding facility paying an annual fee in accordance with this section shall be exempt from the following fees as the fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste:

(A)A fee imposed pursuant to Section 25205.7.

(B)A disposal fee imposed pursuant to Section 25174.1 until July 1, 2022.

(C)A facility fee imposed pursuant to Section 25205.2.

(D)A fee imposed pursuant to Section 25205.5.

(E)A transportable treatment unit fee imposed pursuant to Section 25205.14 until July 1, 2022, and Section 25205.2 on and after July 1, 2022.

(2)A metal shredding facility is not exempt from the fees listed in paragraph (1) for any other hazardous waste the metal shredding facility generates and handles.

SEC. 5.

 Section 25150.86 of the Health and Safety Code is repealed.
25150.86.

Treated metal shredder waste that is managed in accordance with the alternative management standards adopted by the department pursuant to Section 25180.82 and that is accepted by a solid waste landfill or other authorized location for disposal or for use as alternative daily cover or other beneficial use shall thereafter be deemed to be a solid waste for purposes of this chapter and Section 40191 of the Public Resources Code.

SEC. 6.

 The Legislature finds and declares that metal shredding facilities are essential to a thriving circular economy in the State of California and the regulation of those facilities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 6.4 (commencing with Section 25095) to Division 20 of the Health and Safety Code applies to all cities, including charter cities.

SECTION 1.Section 30512 of the Public Resources Code is amended to read:
30512.

(a)The land use plan of a proposed local coastal program shall be submitted to the commission. The commission shall, within 90 working days after the submittal, after public hearing, either certify or refuse certification, in whole or in part, of the land use plan pursuant to the following procedure:

(1)(A)No later than 60 working days after a land use plan has been submitted to it, the commission shall, after public hearing and by majority vote of those members present, determine whether the land use plan, or a portion thereof applicable to an identifiable geographic area, raises no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200).

(B)If the commission determines that no substantial issue is raised, the land use plan, or portion thereof applicable to an identifiable area, which raises no substantial issue, shall be deemed certified as submitted. The commission shall adopt findings to support its action.

(2)Where the commission determines pursuant to paragraph (1) that one or more portions of a land use plan applicable to one or more identifiable geographic areas raise no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200), the remainder of that land use plan applicable to other identifiable geographic areas shall be deemed to raise one or more substantial issues as to conformity with the policies of Chapter 3 (commencing with Section 30200). The commission shall identify each substantial issue for each geographic area.

(3)The commission shall hold at least one public hearing on the matter or matters that have been identified as substantial issues pursuant to paragraph (2). No later than 90 working days after the submittal of the land use plan, the commission shall determine whether or not to certify the land use plan, in whole or in part. If the commission fails to act within the required 90-day period, the land use plan, or portion thereof, shall be deemed certified by the commission.

(b)(1)If the commission determines not to certify a land use plan, in whole or in part, the commission shall provide a written explanation and may suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director. The local government may elect to meet the commission’s refusal of certification in a manner other than as suggested by the commission and may then resubmit its revised land use plan to the commission. If a local government requests that the commission not recommend or suggest modifications that, if made, will result in certification, the commission shall refuse certification with the required findings.

(2)For purposes of adopting modifications suggested by the commission pursuant to paragraph (1), the legislative body of a city or county may delegate to its planning director, or equivalent position, the authority to adopt nonsubstantive modifications to a land use plan if all of the following conditions are met:

(A)The land use plan amendment that is the subject of the modification pertains to a project that has at least 15 percent of the units affordable to lower income households.

(B)The modification qualifies as “nonsubstantive.” For the purposes of this paragraph, a nonsubstantive modification means a modification that has no significant adverse effect on the physical environment, has no potential for any adverse effect, individually or cumulatively, on coastal resources or on development, and does not affect the intensity of permissible land uses on a parcel.

(C)The legislative body adopts a policy, via ordinance or resolution, at a regular public meeting that delegates the authority to a public official and includes a definition of the scope of modifications that qualify as nonsubstantive that is no less restrictive than the definition in subparagraph (B).

(D)The policy adopted pursuant to subparagraph (C) shall do all of the following:

(i)Include identification of the public official to whom the authority to adopt modifications is delegated.

(ii)Require the public official to make a finding, supported by substantial evidence, that the modification meets the requirements of subparagraphs (A) and (B).

(iii)Require online posting of the findings and proposed decisions, mailed notice to affected property owners in the manner required for zoning ordinances pursuant to existing law, and electronic notification to individuals that request to be notified of these decisions not less than 45 days before the decision becomes effective.

(iv)Require notice to the members of the legislative body not less than 45 days before the decision becomes effective.

(v)Establish a means for accepting written comments on the proposed decision for at least 30 days before the decision becomes effective.

(vi)Provide that the posting, notice, and comment periods in clauses (iii), (iv), and (v) may commence only after the commission has taken final action on a modification.

(vii)Provide the authority for a single member of the legislative body to refer any proposed decision to the legislative body for action before the decision becomes effective.

(viii)Include expiration of the delegation after no more than two years.

(c)The commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the commission.

SEC. 2.Section 30513 of the Public Resources Code is amended to read:
30513.

(a)The local government shall submit to the commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions that are required pursuant to this chapter.

(b)If within 60 working days after receipt of the zoning ordinances, zoning district maps, and other implementing actions, the commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, they shall be deemed approved. The commission may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. If the commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection specifying the provisions of the land use plan with which the rejected zoning ordinances do not conform or which it finds will not be adequately carried out together with its reasons for the action taken.

(c)(1)The commission may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director.

(2)For purposes of adopting modifications suggested by the commission pursuant to paragraph (1), the legislative body of a city or county may delegate to its planning director, or equivalent position, the authority to adopt nonsubstantive modifications to zoning ordinances, zoning district maps, or other implementing actions if all of the following conditions are met:

(A)The amendment to a zoning ordinance, zoning district map, or other implementing action that is the subject of the modification pertains to a project that has at least 15 percent of the units affordable to lower income households.

(B)The modification qualifies as “nonsubstantive.” For the purposes of this subparagraph, a nonsubstantive modification means a modification that has no significant adverse effect on the physical environment, has no potential for any adverse effect, individually or cumulatively, on coastal resources or on development, and does not affect the intensity of permissible land uses on a parcel.

(C)The legislative body adopts a policy, via ordinance or resolution, at a regular public meeting that delegates the authority to a public official and includes a definition of the scope of modifications that qualify as nonsubstantive that is no less restrictive than the definition in subparagraph (B).

(D)The policy adopted pursuant to subparagraph (C) shall do all of the following:

(i)Include identification of the public official to whom the authority to adopt modifications is delegated.

(ii)Require the public official to make a finding, supported by substantial evidence, that the modification meets the requirements of subparagraphs (A) and (B).

(iii)Require online posting of the findings and proposed decisions, mailed notice to affected property owners in the manner required for zoning ordinances pursuant to existing law, and electronic notification to individuals that request to be notified of these decisions not less than 45 days before the decision becomes effective.

(iv)Require notice to the members of the legislative body not less than 45 days before the decision becomes effective.

(v)Establish a means for accepting written comments on the proposed decision for at least 30 days before the decision becomes effective.

(vi)Provide that the posting, notice, and comment periods in clauses (iii), (iv), and (v) may commence only after the commission has taken final action on a modification.

(vii)Provide the authority for a single member of the legislative body to refer any proposed decision to the legislative body for action before the decision becomes effective.

(viii)Include expiration of the delegation after no more than two years.

(d)The local government may elect to meet the commission’s rejection in a manner other than as suggested by the commission and may then resubmit its revised zoning ordinances, zoning district maps, and other implementing actions to the commission.

(e)If a local government requests that the commission not suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing ordinances, the commission shall not do so.