1) Purpose of Bill: AB 1760 (Eastin) Chapter 849,
Statutes of 1991, enacted the Metallic Discards Law. According
to the author, the sponsor of this bill (Appliance Recycling centers
of America, Inc.,) believes that appliance recyclers and processors
frequently fail to comply with this law. Supporters of this bill
assert that this law requires certain hazardous materials to be
removed form major appliances before they are crushed and shredded,
but that when "these materials are removed from appliances
pursuant to the law, they are classified as hazardous waste and
must be managed as such." This bill therefore sets procedures
for managing hazardous wastes that are removed from discarded
appliances and clarifies certain terms in the Metallic discards
Law.
2) Concern over Implementation of Current Law:
According to the supporters of this bill, the Department of Toxic
Substance Control (DTSC) conducted random inspections of 10 sites
earlier this year to determine compliance. Three site claimed
they did not accept appliances and of the remaining seven sites,
six "appear to be in violation of the existing law."
Citing appliance Industry figures , supporters assert that appliances
discarded in California annually generate more than 1 million
pounds of CFC's, 290,000 gallons of used oil, 40,000 pounds of
mercury, and 320,000 pounds of PCBs. Supporters indicate that
the current unlevel playing field "makes it impossible for
companies that are complying to compete in the market" and
that " AB 847 as amended is the result of extensive negotiations
with DTSC. The bill resolves all DTSC's earlier concerns."
3) Opposition Concerns: In opposing this bill
the Steel Recycling Institute indicates that it would "establish
a cumbersome and expensive regulatory scheme to enforce what is
already current law. In fact, it is to give a competitive advantage
to the country's largest recycler of major appliances the expense
of numerous small businesses." Asserts the Association of
Home Appliance Manufacturers: "AB 847 would require that
when the materials removed from appliances are hazardous wastes,
they must be handled in compliance with hazardous waste laws.
Of course this already true under current law for appliances as
well as vehicles and any other products that are recycled. To
specifically state this in separate legislation for 'appliances'
will do nothing more but frighten consumers and stifle recycling
of appliances."
e4) Clarification May Help: because the sponsor
and supporters of this bill want to ensure that hazardous wastes
are properly handled when they are removed from major appliances
, there should be appropriate cross references in the Metallic
Discards Law to the provisions added by this bill.
SOURCE: Appliance Recycling Centers of America
SUPPORT:
