1.) Under the Metallic Discards Law of California Integrated Waste Management Act of 1989:

• a) Prohibits a person from placing a major appliance or other metallic discard in mixed municipal solid waste,
• except for landfill operator that complies with certain requirements.
• b) Requires materials that need special handling, (i.e., sodium azide canisters in unspent airbags, encapsulated
• PCB's in major appliances, CFCs injected in air-conditioning and refrigeration units, any other hazardous waste
• or hazardous material regulated by the Department of Toxic Substances Control) to be removed from major
• appliances and vehicles prior to crushing for transport or transferring to a baler or shredder for recycling.
• c) Requires the California Integrated Waste Management Board (CIWMB) to develop and submit a management
• report to the Legislature by January 1, 1993, for the removal of materials that require special handling from major
• appliances and vehicles. The plan must specify how the removal of materials should be financed and administered,
• and specify and state agency approval from those persons removing these materials.
• d) Prohibits a city or county from imposing any fees, with certain exceptions, or surcharges on the disposal of recycling
• residue generated from the metals recovery and reuse of major appliances, vehicles and other metallic discards if
• the residue is not delivered to the solid waste facility mixed with other waste.

2.) Under the Hazardous Waste Control Law, sets various requirements relating to , among other things, the regulation,

management, transportation, treatment, permitting, reduction and disposal of hazardous wastes.

This Bill:

 

• a) Require a person to be a hazardous waste generator and comply with all provisions of the Law applicable to generators
• of hazardous waste if that person removes from an appliance ant, "materials that require special handling" (materials)
• that are hazardous waste under the Hazardous Waste Control Law.
• b) Require all materials that have been removed form a major appliance, and that are hazardous wastes, to be managed
• according to the Hazardous Waste Control Law.
• c) Require enforcement entities to incorporate the regulation of materials that are hazardous when removed from major
• appliances into the existing inspection and enforcement activities.
• d) Require enforcement entities to incorporate their activities to identify and regulate materials transported from one
• jurisdiction to another if they are hazardous wastes when removed from major appliances.
• e) Require the Department of Toxic Substances Control to: develop a list of entities that remove materials and to notify
• persons on the list of the requirements of this bill, transmit a copy of the CIWMB Appliance Recycling Guide to certain
• entities, transmit the generator identification number of any of these entities to the appropriate enforcement entities,
• and make information available regarding the implementation of this bill.
• f) Contain relative legislative intent.

COMMENTS:

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:

1. Alemeda County Waste Management Authority
2. Appliance Recycling Centers of America
3. Californians Against Waste
4. Planning and Conservation League
5. Safety-Kleen, Corp.
6. Sierra Club
7. WMX Technologies, Inc.

OPPOSITION:

1. : Steel Recycling Institute
2. Whirlpool Corp.