Article 11.2 - Management of Treated Wood Waste

California Health and Safety Code — §§ 25230-25230.18

Sections (11)

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

The Legislature finds and declares that this article is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this article does not set a precedent applicable to the management, including disposal, of other hazardous wastes.

§ 25230.1

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

For purposes of this article, the following definitions apply:

(a)“Class I hazardous waste landfill” means a landfill that is also authorized as part of a permitted facility. “Landfill” and “permitted facility” have the same meanings as defined in Section 66260.10 of Title 22 of the California Code of Regulations.

(b)“Solid waste landfill” means a facility, as defined in Section 40195.1 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(c)“Treated wood” means wood that has been treated with a chemical preservative for purposes of

protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).

(d)“Treated wood waste” means wood waste that meets the requirements described in Section 25230.2.

(e)“Treated wood waste approved landfill” means a class I hazardous waste landfill, or a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued 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 treated wood waste and that is

in compliance with this article.

(f)(1) “Treated wood waste facility” means any of the following:

(A) A solid waste landfill that is in compliance with this article.

(B) A transfer or processing station that is in compliance with this article. For purposes of this subparagraph, “transfer or processing station” is a facility, as defined in Section 40200 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(C) A gasification facility that is in compliance with this article. For purposes of this subparagraph, “gasification facility” is a facility that uses a gasification process, as defined in Section 40117 of the Public Resources Code, that

is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(D) A treated wood waste approved landfill that is in compliance with this article.

(E) A class I hazardous waste landfill.

(F) A small volume construction and demolition debris and inert debris (CDI) processing operation that is in compliance with this article. For purposes of this subparagraph, a “small volume construction and demolition debris and inert debris (CDI) processing operation” is a site that receives less than 25 tons of any combination of construction and demolition debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(G) A limited volume transfer operation that is in compliance with this article. For purposes of this clause, a “limited volume transfer operation” is an operation that receives less than 60 cubic yards, or 15 tons, of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and that does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator, and that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(2)“Treated wood waste facility” does not include either of the following:

(A)A composting facility. For purposes of this subparagraph, “composting facility” is a facility that produces compost, as defined in

Section 40116 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(B)A transformation facility. For purposes of this subparagraph, “transformation facility” is a facility that uses a transformation process, as defined in Section 40201 of the Public Resources Code, that is authorized to operate pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(g)“Treated wood waste handler” means a person who generates, handles, collects, processes, accumulates, stores, transfers, transports, treats, recycles, or disposes of treated wood waste.

(h)“Unit” means a pile, stack, container, bundle, or other discernable aggregation of treated wood waste for purposes of this article.

(i)“Wood preserving industry” means business concerns, either individually or collectively through a trade association, other than retailers, that manufacture or sell treated wood products in the state.

(j)“Wood waste” means all waste timber products and failed timber products, including solid sawn lumber and engineered wood products, offcuts, shavings, and sawdust that meet the definition of “waste” pursuant to Section 25124. “Wood waste” does not mean forest residues, green waste, or garden waste materials such as branches, bushes, and tree stumps.

§ 25230.10

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

(a)For purposes of this section, “resizing” means minimal cutting, breaking, or sawing, but does not include planing, grinding, drilling, chipping, sanding, shredding, mulching, or other mechanical handling or any other treatment.

(b)Except as provided in subdivisions (c) and (d), treatment, as defined in Section 25123.5, of treated wood waste managed in accordance with the alternative management standards of this article is prohibited.

(c)Resizing is exempt from the permitting requirements of this chapter when resized to facilitate transport or reuse and the following requirements are met:

(1)The treated

wood waste is handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment.

(2)If size reduction of the treated wood waste results in sawdust, particles, or other material smaller than one cubic inch, the material is captured and managed as treated wood waste.

(d)Sorting and segregating are both exempt from the hazardous waste permitting requirements of this chapter. The treated wood waste shall be handled in a manner that prevents the uncontrolled release of hazardous constituents to the environment.

(e)An employer resizing, sorting, or segregating treated wood waste shall comply with the employee training requirements of Section 25230.12 for all applicable employees.

§ 25230.11

Amended by Stats. 2022, Ch. 28, Sec. 92. (SB 1380) Effective January 1, 2023. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

(a)Notwithstanding Sections 25189.5 and 25201, when disposed to land, treated wood waste shall be disposed of in either a class I hazardous waste landfill or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued 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 treated wood waste.

(b)A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements:

(1)Manage the treated wood waste to prevent scavenging.

(2)Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this article, including the prohibitions in Section 25230.3 for handling treated wood waste.

(3)Handle treated wood waste in a manner consistent with all applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste.

(4)(A) If monitoring at the

composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release.

(B)The landfill unit shall notify the department that treated wood waste is no longer being discharged to that landfill unit and when corrective action results in cessation of the release.

§ 25230.12

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

(a)An employer managing treated wood waste shall provide training for all employees handling treated wood waste and all employees that may reasonably be expected to contact treated wood waste. The training shall include all of the following:

(1)All applicable requirements of the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), including all rules, regulations, and orders relating to hazardous waste.

(2)Procedures for identifying and segregating treated wood waste.

(3)Safe handling practices.

(4)Requirements of the alternative management standards.

(5)Proper disposal methods.

(b)A record of the training described in subdivision (a) shall be maintained for a period of three years and available for review by the department.

§ 25230.13

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

The Legislature intends to continue to work with the department in order to ensure adequate enforcement of and compliance with this article, including estimations for adequate enforcement, when resources are made available for those purposes.

§ 25230.14

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

(a)The Legislature intends to continue to evaluate the alternative management standards for treated wood waste, including the potential for longer term solutions that may replace the continuation of the alternative management standards and disposal of treated wood waste in solid waste landfills. The department shall update the Legislature, upon request, regarding the alternative management standards and changes to the treated wood waste program.

(b)The wood preserving industry shall update the department, upon request, on trends within the wood preserving industry regarding the use of treated wood preservatives and the generation of treated wood waste.

§ 25230.15

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

(a)The wood preserving industry shall, in consultation with the department, maintain an internet website and prepare fact sheets and other outreach materials on the appropriate handling, disposal, and other management of treated wood waste for generators of treated wood waste and for facilities that may receive or handle treated wood waste. The outreach materials shall include, but not be limited to, information on how to identify treated wood waste compared to other wood wastes, instructions for how to properly handle, store, and dispose of treated wood waste, instructions on the required documentation for treated wood waste disposal, information on the appropriate use of protective equipment for handling treated wood and for field treating, and other information on maintaining compliance with the

treated wood waste requirements for generators of treated wood waste and for facilities that may receive or handle treated wood waste pursuant to this article.

(b)The wood preserving industry shall annually update and renew the outreach materials prepared pursuant to subdivision (a), as appropriate.

(c)The wood preserving industry, in consultation with the department, shall disseminate, electronically or by mail, fact sheets and other outreach materials about the proper management and disposal of treated wood waste to generators, transporters, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste, and shall also provide the materials with each shipment of treated wood products to a wholesaler or retailer of treated wood.

(d)The

wood preserving industry shall provide an annual update to the department, which shall include, but not be limited to, a list of the names and addresses of the generators, solid waste landfills, household hazardous waste collection facilities, and other facilities that may receive or handle treated wood waste that were provided outreach materials in the prior year.

(e)The wood preserving industry shall provide the outreach materials prepared pursuant to subdivision (a) to the Contractors’ State License Board for distribution to contractors, and shall send the outreach materials to fencing, decking, and landscape contractors, by electronic mail or mail, using the Contractors’ State License Board’s available listings and license application packages.

§ 25230.16

Added by renumbering Section 25150.8 by Stats. 2021, Ch. 147, Sec. 1. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5 or subdivision (b) of Section 25230.11, the treated wood waste, upon acceptance by the solid waste landfill, shall thereafter be deemed to be a solid waste, and not a hazardous waste, for purposes of this chapter and Section 40191 of the Public Resources Code.

§ 25230.17

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.

No later than July 1, 2028, the department shall provide notification to the Legislature in compliance with Section 9795 of the Government Code if the department is prepared, as determined by the director, to ensure the safe management of treated wood waste in accordance with this chapter if this article is repealed.

§ 25230.18

Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, by its own provisions. Note: Repeal affects Article 11.2, commencing with Section 25230.

If, as of July 1, 2028, the department has provided the notification pursuant to Section 25230.17, this article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. This article shall remain in effect if, as of July 1, 2028, the department has not provided the notification pursuant to Section 25230.17, unless this article is repealed by another statute.