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HomeMy WebLinkAboutMINUTES - 10311989 - IO.1 to: BOARD OF SUPERVISORS sE L �,,�• of Contra Jul., FROM: Costa INTERNAL OPERATIONS COMMITTEE _K.:,;:;:,: ._ •s County DATE: October 23 , 1989 spa couN� SUBJECT: STATUS REPORT ON PLANS TO PROVIDE MORE ADEQUATE FACILITIES FOR RECYCLING USED OIL SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONNENDATIONS 1. Support federal legislation similar to AB 1570 (Chapter 1226, Statutes of 1989) which requires that oil containers include a labeling requirement warning the user not to dispose of used oil improperly or, as an alternative, providing signs or other written material to oil retailers providing essentially the same information that would have been placed on the container. 2. Request the Joint Household Hazardous Waste Committee (a joint Committee of the Solid Waste Commission and the Hazardous Materials Commission) to review the letter forwarded to the Board by R. J. Law of Bethel Island and incorporate in their used oil collection and recycling program provision for used oil to be collected at marinas in order to prevent the illegal disposal of used oil in the waters of the Bay and Delta. 3. Request County Counsel to review the draft report from the Joint Committee on Household Hazardous Waste and consider ways in which the Board of Supervisors could adopt ordinances to implement the program outlined in the draft report. In particular, we are interested in providing incentives to service station operators and other private businesses to establish drop off sites for household used oil. Such incentives might include provision for the County to accept the liability for such used oil collected from households. Request County Counsel to provide a report to our Committee on this subject January 8, 1990 . This report CONTINUED ON ATTACHMENT:Yes YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ,RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): TOM OWERS SUNNE WRIGHT McPEAK ACTION OF BOARD ON' October 31, 1989 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT-- I I I ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATEI SHOWN. CC: ATTESTED— See Page 3 . PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY -+tom/ DEPUTY need not include the drafting of specific ordinances, but should outline in general areas in which the Board of Supervisors has the authority under current law to enact the plans of the Joint Committee. 4. Request the Joint Household Hazardous Waste Committee to consider the establishment of drop off sites for used oil as an acceptable alternative to curbside collection of used oil and direct the Joint Committee to work with franchising agencies and their franchisees to establish such drop off sites. 5. Request the County Counsel to review the proposed language for conditions of approval for land use permi,ts for transfer stations to insure that the conditions are consistent with the conditions provided for new landfill sites and provide our Committee with a report on this subject on January 8 , 1990 . 6. Request the Joint Household Hazardous Waste Committee to provide a report to our Committee on January 8, 1990 which does the following: A. Updates us on the results of their implementation workshop December 8 , 1989 on used oil, B. Provides our Committee with a report on progress which has been made toward being able to implement their plans on March 1 , 1990 , C. Provides our Committee with a specific list of actions that will be taken toward putting a plan in place by March 10, 1990 and which identifies specifically what programs will be in place on March 1 , 1990 . BACKGROUND: On August 1, 1989 the Board of Supervisors approved a report from our Committee which requested that staff and the Joint Household Hazardous Waste Committee provide our Committee with a number of reports on October 23 , 1989 . On October 23 , 1989 our Committee met with representatives from the California Service Station and Auto Repair Association, Tosco, Pleasant Hill Bayshore Disposal, Shell Oil Co. , the State Department of Health Services, California Waste Management Board, Solid Waste Commission, Grand Jury, Health Services Department, Community Development Department and County Counsel' s Office. We reviewed all of the attached reports which provide a great deal of useful information on the subject of used oil and progress which is being made to address the problems with providing the public with safe, legal and convenient ways to dispose of, and thereafter for private industry to recycle, used oil. We have developed the above recommendations based on the attached reports and our discussions with those present at our meeting on October 23 , 1989 . We are asking that several additional reports be prepared so that we can review them at our final meeting of the year on January 8 , 1990 , following which we will make a final report to the Board on this subject. 1 �i cc: County Administrator Community Development Director Sheila Cogan, Resource Recovery Specialist, CDD County Counsel The Honorable June Bulman, Chair Joint Household Hazardous Waste Committee Jim Hulshof, Solid Waste Commission Robin Bedell-Waite, Health Services Department Art Boswell, California Service Station and Auto Repair Assn Ray Valone, Community Development Department Richard Hallford, Tosco Leif Peterson, State Department of Health Services Patty Mehaouchi, Pleasant Hill Bayshore Disposal Jim Cropper, California Waste Management Board Judith Moorad, Shell Oil Co. rr f CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Internal Operations Committee DATE: September 20, 1989 Supervisor Sunne McPeak, Chairman FILE: R-8H Supervisor Tom Powers FROM: Sheila Cogan, Resource Recovery Speci SUBJECT: HR2648 - Consumer Products Recovery Act, Introduced by Congressman Esteban Torres In response to your inquiry dated August 16, 1989, Congressman Estaban Torres has introduced the -Consumer Products Recovery Act which amends the Solid Waste Disposal Act by including a mandatory percentage for the recycling of used motor oil by manufacturers and importers, as well as certain other recyclable commodities. The bill establishes a recycling credit system for carrying out the recycling requirement and establishes a management and tracking system for used oil. It will also require that each package (such as a can) be labeled with words to the effect: "Used oil is a hazardous substance. Do not dispose of used oil in garbage, sewers, or on the ground. To find out how to properly recycle used oil in your area, call 800- " The bill requires that the Environmental Protection Agency (EPA) develop a plan which includes an incentive-based method or methods for accomplishing recycling. This is a unique system under which deposits on the commodity are made and refunds are given upon the return of the commodity for recycling (known as a deposit-refund system) , defined as "A legal record of recycling activity undertaken. . .that represents an amount of used oil recycled for purposes of complying with this subsection." Other commodities covered in the bill include: 1. Newspapers with daily circulation; 2. Used tires; 3. Used lead acid batteries; 4. Used pesticide containers; 5. Anti-freeze; and 6. Certain volatile organic compounds (including certain chlorofluorocarbons) . The bill was introduced on June 14, 1989 and is presently in the House Committee on Energy and Commerce. Congressional staff .indicates that it has received a great deal of support. Environmentalists and industry representatives have signed-off on the bill, with the exception of the American Petroleum institute, which has remained neutral on the issue. There has also been a great deal or interest on the part of financial institutions as the credit obtained through the recycling deposit will be "bankable" and trends t.o make recycling companies more valuable. Other congressional legislation recently introduced will also affect used oil recycling. Congressman Luken has introduced a bill to re-authorize the Resource Conservation and Recover'y.Act which also includes a credit system. As you are aware, a number of companies which would be affected by this legislation have been invited to meet with the Internal Operations Committee to address issues about used oil recycling in the County, at 9:00 AM, on Mondav, October 23, 1989. The group includes representatives from oil companies, used oil collectors, refiners, and service station organizations. The Joint Committee on Household Hazardous Waste has also scheduled a training session for franchisors and franchisees about used oil, latex paint and battery collecting on October 13, 1989. By that date more information will be available on the status of Congressman Torres' bill. SC:jal jl30:io.mem 1 The Board of Supervisors Contra Phil batchelor Clerk of the Board and CostaCotCourrty Administrator County Administration Building J <,$)3723 651 Pine St., Room 106 County Martinez, California 94553 l Tom Powers, 1st District Nancy C.Fshden,2nd District r Robed 1.Schroder,3rd District ,. Sunne Wright rr{cPeak,4th District , Tom Tortakson,5th District SAME LEITER MAILED TO ALL ON ATTACHED LIST September 18, 1989 Jeff Craig Chevron U.S.A. P.O. Box 1272 Richmond, CA 94802 ' Dear Mr. Craig: As you probably know, public interest in finding ways to properly dispose of used motor oil is steadily growing. In response to this demand, as well as to the significant environmental and public health concerns regarding improper disposal of used oil, both the Contra Costa County Solid Waste Management Plan and Hazardous Waste Management Plan urge the creation of household hazardous waste collection and disposal programs throughout the County. The Board of Supervisors is keenly interested in seeking solutions to this serious problem and implementing programs to solve it. The members of the Board extend an invitation to you to meet with them. on Monday, October 23, 1989 at 9:00 AM, to discuss ways to recycle used motor oil. The meeting will take place in the County Administration Building at 651 Pine Street, Martinez, in Room 105. Issues to be addressed include resources and potential impediments to used oil recycling and methods to encourage and increase used oil collection from residents in our County. To implement these programs the County Solid Waste Commission and Hazardous Materials Commission have formed a Joint Committee on Household Hazardous waste. The Joint Committee is sponsoring a workshop, which I hope you will attend, about starting household hazardous waste programs. The workshop will concentrate on used oil, lead batteries and latex paint. It is scheduled for Friday, October 13, 1989 from 9:00 AM to 11:00 AM at the George Gordon Center at 500 Court Street (at Escobar) in Martinez. s• - ' r For further information concerning either the meeting on October 23, 1989, or the workshop on October 13, 1989, and to confirm your attendance, please contact Sheila Cogan, Community Development Department at (415) 646-4196, by October 10, 1989. Your presence i`s greatly appreciated. Sincerely, ToPowers, Chair Internal Operations Committee. TP:SC:jal jl28:oi.ltr cc: Supervisor Sunne kcPeak Claude Van Marter County Administrator's Office Mark Finucane; -Health Services Department June Bulman, Chair Joint Committee on Household Hazardous Waste AGENDA Meeting with representatives of oil companies Used oil recyclers and others involved in used oil collection Monday, October 23, 1989 9:00 AM Room 105 County Administration Building I. Welcome and introductions - Powers and McPeak II. Overview of the work of the Joint Committee on Household Hazardous Waste - June Bulman III. Open discussion - Market status - Public education - Liaison with Joint Committee IV. Next steps SC:jal jl29:oil.agn r OUR CURRENT SITUATION * 80o increase in the amount of garbage collected in twenty years * 400 million gallons of oil spilled annually in the United States--35 Exxon Valdez oilspills * Contra Costa's household hazardous wastes include 46% used oil & 29% paint sludges * Almost one million more gallons of used oil could be recycled in Contra Costa alone * 23 ,000 gallons of used oil were collected last year at the E1 Cerrito Recycling Center; 700,000 gallons could be collected countywide based on this effort * 35 tons of latex paint could be recycled in the county s f USED OIL -- AN AVAILABLE RESOURCE Total Amount Sold 100% :::Gr>�''�.•{_�{:::$vr,:•'k3I'f�!'••"''•r'};�:ar;�t.�,�:^a,.x:{${'i,'n;Y�;�:Silr �F{`�,a;,�•{.}k•''9Y�r.., �C•"'":{•f <�4•,.{.�h,\�4:..<„.v:}i�}¢ N:}•<.?'y..;�{�C.}fr5:�: :::.i ::,C:•r�•G;{$4,!�}r�'•`r:i:r'Lr iC1C+C'}��'ji<}r�t:1+�Tf����+.`Q:�b,?tivn:, ;:::<�:K;{:'f,':?:3r' `::'�,t.�•':,s�i,.{ ,.,..,'+.;ti:a�$:#iu`:,'r:`i•}.tirr•>:{ •,:,.,r; .: ::�n:`t}4'`..::2Q:f;.;xf51ry;s, ..'+•,�}:{'a:?.: vh^t•r{£f'.v'.}.4v:y,f j,4r�;•,'$'":Ly3':rr..�y�+�{:+� >4'p;%};.,2•:i ti.{C:�,• :}}�:i' ;'i`?.;:r<r: •}'ic`•�.$3,•`.h.;�,ff.,.`.;,^•;•�yt;••'.r.:i�yy:•4`::§.3:}}%{..{::,.}.f:•.:::: `1`:;'•'`s5.}':. 'k\{•. ,2•:}.,.. Wim:>2:ay,,:r;�#:.•.,{f<,'.ntiE: ;: M, sed, Burned, 3$.};:'$:{%4v:'-.t$$:'y;:Y.+fi::x;ti:$:•'•::ni'';:1ti:;C:::} $:::}':::$j::`:•}%.::ti•$3fr'E :f. h•r,.v;.',c$.xi .{,' sr','.$:}stir:';vn}Y$ ?::::?:".:<�:::ySyv+fiNt:':: _ "-'ire;?�3?t:';::::i:•}::Y`$$:4.-::},4,i:^:'i::$:�}?;:.::�;:$f�:M13'}"?:C,::::?i:•:•:•}:::$}::5:�?.;$: ¢::�i'••:.`,"<.:.:'.`•'}�l{r.:fi �`{<""'-�•.:�'+i":iv.`;}r:=ik:"rfj.4::i. •v.:h}:::... {•}''f•3�'S:1 n:�b/".'+n<:�::}3ir}:r yYr'``G,:{•is,'?;$ti;$$i'.{'�r:•I<:::{'�<":y:jnr:`:W hl•:{+'✓�•$f;�4�•ti':ti 3���?}�t:0l�r•:•'�ti�~:iY,.-�i�T;}:<.'�•;v:•�.''-:?:�:::,:t�: •' :?,..%•}:L:•';Y{t ,;}:'n.♦ r..:.n.:{.fi:i�:...f...�;SL::•$::.N..$i. Yv h .•r�v`bil3..��+}�� {f�•4'•.}�••8'?:: :<'r.ti��:rt,�M,''.•'}5::�>:•�:}.:. r1.5$':Y�r+f f3 '",f?}::i:'nv'y 4i, )w?T✓'r{i+:.$-}T::•'?'.`i:.�"f^}r•"�l•}:JC Am unt Available far Rec clip 4 , ^ Ex; , .f. ri : 57% a Y 9 r Backyards, Landfills, Surface /Ground Waters AmountCollected bHaulers / Water or Contaminants Separated Out Amount Currently Recycled 23% HOUSEHOLD HAZARDOUS WASTE: USED OIL Background Material for Meeting With Representatives of Oil Companies and Others Interested in Used Oil Prepared by: Contra Costa County Community Development Department Contra Costa County Health Department TABLE OF CONTENTS 1. BACKGROUND Page 1 2. STEP 1: COLLECTION 3 3. STEP 2: REPROCESSING 6 4. STEP 3: SALES 6 j 1. BACKGROUND THE PROBLEM Used oil and paints are the largest, in quantity and volume, of all hazardous wastes generated by Bay Area households. According to an Environmental Protection Agency- funded study, the number of do-it-yourself oil changes is increasing nationwide due to the rising cost of oil changes at service stations and the availability of inexpensive motor oil at discount stores. However, gone are the days when every neighborhood-gas station accepted used oil from do-it-yourselfers. Service stations that were once paid to collect oil must now pay to have it hauled away. _ According to the California Waste Management Board, statewide only 40 percent of recyclable motor oil is recycled. Without convenient disposal, frustrated oil changers resort to pouring hazardous oil down sewers and storm drains, in backyards and vacant lots, and in garbage cans and dumpsters. Fluid oil will rapidly leach through porous soils and find its way into surface and groundwaters. One gallon of used oil will contaminate a million gallons of drinking water. Proper collection is essential. Equally important is resource recovery. However, oil recyclers are now competing with low crude oil prices and markets that prefer virgin oil to recycled oil. Businesses, service station representatives, and the public are confused about legal disposal methods. The costs and liability for storage tanks are no longer willingly borne by private companies nor public agencies as the market for used oil has decreased. Meanwhile, state and federal regulations for used oil storage, recycling, and purchasing are under review and the subject of numerous bills. PREFERRED MANAGEMENT -- RECYCLING The policies of the Bay Area Hazardous Waste Management Plan and all nine Bay Area County Hazardous Waste Management Plans are based on a waste management hierarchy that places reducing wastes and recycling wastes as the highest management priorities. The hierarchy and its application to household used oil is outlined below. The Waste Management Hierarchy Applied to Household Used Oil Source Reduction -- marginally applicable, Onsite Recycling -- not applicable for household oil, Offsite Recycling -- MOST POTENTIAL, Onsite Treatment -- not applicable for household oil, Offsite Treatment -- unnecessary if recycled, and Disposal -- unnecessary if recycled. Recycling proves to be the best management technique available for used oil and is to be encouraged at all stages of production, sale, use, and "disposal". Source reduction is applicable only to the extent that the efficient use of oil minimizes the amount needed by individual vehicles and equipment. Efficient use refers in this case to maintaining vehicles and equipment in good working order, which has the added benefit of reducing air pollution and reducing leaks that lead to soil and water pollution. Oil analyzers are available to test the quality of used oil and evaluate when oil changes are necessary, but today this equipment is very expensive. The only"long-life" oil on the market today (made by Mobil Oil) is a synthetic oil. It cannot be added to and recycled - 1 - 2. STEP 1: COLLECTION This section discusses two successful methods of collecting oil from the public -- curbside pickup and drop-off centers -- and obstacles to establishing and expanding such services. CURBSIDE COLLECTION Curbside colllection is by the far the most convienient form of proper disposal for at- home, do-it-yourselfers. The Bay Area communities of Los Altos, Palo Alto, Sunnyvale and Mountain View provide this service as part of their residential curbside recycling programs. Sunnyvale collected 22,000 gallons last year. Mountain View, after an initial flush of almost 1000 gallons, now collects about 600 gallons of oil each month. Mark Bowers, Mountain View's reycling coordinator, contends that "Waste oil collection is without a doubt the most popular and most environmentally beneficial component of our curbside recycling service". At the start of this service, residents said they had been saving used oil in garages, closets, and kitchens for years. In Mountain View and Sunnyvale, residents are asked to leave used oil in gallon containers at the curb with other recyclables. Plastic gallon jugs are available at no charge from the recycling company. Recycling trucks are equipped with racks to hold one-gallon plastic containers; the truck drivers collect the full containers and replace them with empty ones. In other locales, trucks carry oil tanks. Full containers are emptied into the tanks and empty containers disposed of in bins alongside. In Contra Costa County, Contra Costa Resource Recovery Service in Martinez and Port Costa Recycles provide curbside collection. The Martinez company reports that their hauler has informed them that a fee of 35 cents per gallon for collection will now be charged. Section 252.50.15 of the California Health and Safety Code, exempts curbside collection of used oil from the requirements for hazardous waste disposal. Programs must comply with terms outlined in franchise agreements. Liability is assumed by the franchising agency or hauler. DROP-OFF COLLECTION Drop-off services have been provided at many permanent and temporary locations throughout the Bay Area. Historically, the most common sites were at service stations. The number of stations accepting oil from the public, however, has dropped substantially through the years, for reasons discussed below. Other"permanent" locations include recycling centers; transfer stations; landfills; and city, county, and private corporation yards. Temporary sites have included household hazardous waste collection days and shopping malls. These sites and other options are discussed below. Service Stations. The California Waste Management Board (Board) maintains a list of service stations that collect used oil from the public. A random check of these sites indicates that the charge for disposal ranges from$0.25 to $1.00 per gallon. This information is available to the public on the Board's Hotline (1-800-553-2962). - 3 - own purposes. Relatively few of these retailers accept oil from the public, but could be encouraged to do so. There has been some discussion about establishing drop-off programs at points-of- purchase, much like the California beverage container recycling program established by AB 2020. Used oil "igloos" that look very similar to the recycled bottle and can igloos common in many grocery store parking lots are available and have been located in some areas. While this is a very convenient arrangement, there have been some problems with empty oil containers left on the outside of the igloos. This problem could most likely be alleviated with better education, a slightly different design of the igloos or bins, or more frequent pick-ups. Mobile Collection. Evergreen Oil has equipped an "Oil Mobile" to collect oil at shopping centers and other much-visited locales. The Oil Mobile can collect 1500 gallons per day, has been very popular, and collected about 97,000 gallons in 1988. OBSTACLES TO GREATER COLLECTION Factors hampering collection efforts are discussed topically below. Low Oil Prices. Low crude oil prices over the past several years have had a detrimental effect on oil recycling efforts. The price of recycled oil has paralled the falling price of crude oil. Presently, the low price of crude oil gives refiners little incentive to purchase reprocessed oil. Many refiners feel that it is cheaper in terms of actual costs, paperwork, and convenience to purchase crude oil. Because used oil has depreciated in value, haulers now charge service stations to pick-up their used oil. Until mid-1985, haulers paid service stations about 40 cents per gallon. When oil prices dropped from $35 per barrel to $7 per barrel, reprocessing occurred at a loss. Now haulers charge service stations about 15cents per gallon, depending on the total volume collected. Most service stations do not want to add to their hauling costs by accepting oil from do-it-yourselfers. Liability for Collectors. Increased liability and insurance costs have also taken their toll on the willingness of service stations and other collecters to accept oil f rom the public. Collectors assume the responsibilities of generator for everything stored in their tanks, but often cannot control substances the public may knowingly or unknowingly mix in. Contaminated loads rejected by the hauler are the responsibility of the collector and must often be disposed of at great expense. In addition, occasional on-site spills caused by oil left by the public may be dangerous and increase the risk of injury to workers or the public. Inconvenience for Residents. Inconvenient disposal is one of the most common reasons stated by the public for improper oil disposal. Even residents who diWgently attempt to locate drop-off centers are frustrated by the lack of assistance from local and state agencies. Many organizations that once maintained referral lists have discontinued them as the turnover rate for places that will accept oil is very high and maintaining accurate lists almost an impossibility. Inconvience for Collecters. When accepting oil from the public, collectors are faced with occaisional spills to cleanup, disposing of empty containers, and the need for more frequent pickups or more storage capacity. - 5 - 5. PENDING LEGISLATION Numerous bills have been introduced in the Legislature and Congress regarding used oil, household hazardous waste, and hazardous waste facilities. Several bills are summarized below. STATE BILLS AB 4 (Eastin) -- State Assistance for Recycling Markets. Assemblymember Delaine Eastin has reintroduced last year's AB 3746, which was passed by the Legislature, but vetoed by the Governor. AB 4 would enact the "State Assistance for Recycling (STAR) Markets Act of 1989", which would establish State agency purchasing goals for recycled oil, as well as recycled paper, glass, plastic, solvents (including paint), tires, and compost. Purchasing goals for recycled oil would be 10% by 1991, 20% by 1993, and 40% by 1995. This bill contains considerable language that could be drafted into local agency purchasing policies. AB 888 (La Follette) -- Mandatory Household Hazardous Waste Programs. Assemblymember Marian La Follette introduced a bill that would require counties to develop and implement household hazardous waste collection programs. The California Waste Management Board would provide educational and technical assistance. In addition, the bill would add a representative of used oil recyclers to the Board's 9- member household hazardous waste advisory committee. AB 1196 (Tanner) -- Permits for Household Hazardous Waste Collecticn. Assemblymember Sally Tanner has introduced a bill to require the State Department of Health Services to expedite its process for issuing permit variances for household hazardous waste collection events and facilities. AB 1208 (Tanner) — Liability for Hazardous Waste Collection Programs. Assemblymember Sall Tanner has introduced a bill to grant local agencies immunity for damage or injury resulting from collection programs operated by the agency. The bill would also grant agencies immunity from damage or injury to participat is transporting waste to the collection site and requires private firms operating programs for local agencies to grant them immunity from damage or injury resulting from operations at the colleciton site. AB 1570 (Sher) -- State and Local Agency Purchasing Practices. Assemblymember Byron Sher has introduced a bill to require stage agencies to eliminate purchasing procedures or specifications that exclude recycled oil or require virgin oil, and require state agencies to purchase oil from the seller whose product contains the greater percentage of recycled oil, unless the product is (a) not available within a reasonable period of time, (b) unable to meet reasonable performance standards, or (c) unavailable at a reasonable price. The bill would also require local agencies to purchase "lubricating oil and industrial oil from the seller whose product contains the greater percentage of recycled oil if the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than, virgin oil products". - 7 - Assembly Bill No. 888 AB 888, La Follette. Household hazardous waste: collection programs. " . . .This bill would require that, at the next review of the COSWMP occurring after January 1, 1990, a household hazardous waste plan (HHWP) or a method to address the needs of households, as specified, be prepared and attached to the COSWMP, thereby imposing a state-mandated local program. The bill would authorize the board to review and comment on the HHWP or method, as applicable, and to make recommendations to the local agency, as specified. The bill would require each local agency to certify to the board that the agency implemented its HHWP* or method, as specified, thereby imposing a state-mandated local program. The bill would require that specified solid waste facility permits also include a permit condition which precludes the solid waste facility from accepting any solid waste originating in a county which has not submitted a HHWP or method. The bill would revise a statement of legislative intent concerning access to household hazardous waste disposal, and would require a county, city, or local agency, as specified, to implement the household hazardous waste collection, recycling, and disposal program identified in the revised COSWMP, thereby imposing a state- mandated local program. The bill would specify that these requirements do not prohibit the joint implementation of the household hazardous waste collection, recycling, and disposal program, as specified. The bill would require the guidelines established by the board to allow adequate flexibility to local agencies, as specified. The bill would increase the membership on the advisory committee to include a representative of used oil recyclers. The bill would provide immunity to a city, county, or local agency operating a household hazardous waste program for any damage or injury caused by an action taken by the city, county, or local agency, or employee or 'authorized agent of the city, county, or local agency, in the course of the operation of the program, unless the action is performed in bad faith or in a negligent manner. The bill would also make related changes. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. " CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Internal Operations Committee DATE: September 20, 1989 Supervisor Sunne McPeak, Chairman FILE: R-8H Supervisor Tom Powers FROM: Sheila Cogan, Resource Recovery Species SUBJECT: HR2648 - Consumer Products Recovery Act, Introduced by Congressman Esteban Torres In response to your inquiry dated August 16, 1989, Congressman Estaban Torres has introduced the Consumer Products Recovery Act which . amends the Solid Waste Disposal Act by including a mandatory percentage for the recycling of used motor oil by manufacturers and importers, as well as certain other recyclable commodities. The bill establishes a recycling credit system for carrying out the recycling requirement and establishes a management and tracking system for used oil. It will also require that each package (such as a can) be labeled with words to the effect: "Used oil is a hazardous substance. Do not dispose of used oil in garbage, sewers, or on the ground. To find out how to properly recycle used oil in your area, call 800- " The bill requires that the Environmental Protection Agency (EPA) develop a plan which includes an incentive-based method or methods for accomplishing recycling. This is a unique system under which deposits on the commodity are made and refunds are given upon the return of the commodity for recycling (known as a deposit-refund system) , defined as "A legal record of recycling activity undertaken. . .that represents an amount of used oil recycled for purposes of complying with this subsection." Other commodities covered in the bill include: 1. Newspapers with daily circulation; 2. Used tires; 3. Used lead acid batteries; 4. Used pesticide containers; S. Anti-freeze; and 6. Certain volatile organic compounds (including certain chlorofluorocarbons) . The bill was introduced on June 14, 1989 and is presently in the House Committee on Energy and Commerce. Congressional staff indicates that it has received a great deal of support. Environmentalists and industry representatives have signed-off on the bill, with the exception of the American Petroleum Institute, which has remained neutral .on the issue. There has also been a great deal of interest on the part of financial institutions as the credit obtained through the recycling deposit will be "bankable" and tends to make recycling companies more valuable. OFFICE OF THE COUNTY ADMINISTRATOR C O N T R A C O S T A C O U N T Y Administration Building 651 Pine Street, 11th Floor Martinez, California DATE: October 23 , 1989 TO: Supervisor Tom Powers Supervisor Sunne W. McPeak INTERNAL OPERATIONS COMMITTEE FROM: Claude L. Van Marter Assistant County Administrator SUBJECT: LEGISLATION ENACTED IN 1989 DEALING WITH USED OIL As part of your discussion on used oil on October 23 , 1989 we have prepared the following summary of legislation which was enacted in 1989 dealing more or less directly with used oil. We have identified four such bills: AB 4 - Chapter 1094, Statutes of 1989 . AB 817 - Chapter 1254, Statutes of 1989. AB 888 - Chapter 809, Statutes of 1989. AB 1570 - Chapter 1226, Statutes of 1989. A summary of each of these bills follows: AB 4 - Eastin, et al. AB 4 requires that all state contracts must certify in writing the minimum percentage of recycled content, both postconsumer waste and secondary -waste in materials, goods or supplies (including oil) used in the performance of the contract. AB 4 requires that all local and state public agencies, fitness and quality being equal, shall purchase recycled products instead of nonrecycled products whenever available at no more than the total cost of nonrecycled products. All local public agencies may give preference to the suppliers of recycled products. All local public agencies may determine the amount of this preference. AB 4 also requires all local public agencies and state agencies, including the Legislature, to require the bidder to specify the i minimum percentage of recycled product in the products offered, both the postconsumer and secondary waste content, regardless of whether the product meets the defined percentages of recycled product which is necgssary for the product to be considered a recycled product. All contract provisions impeding the consideration of products with recycled product must be deleted in favor of performance standards. AB 4 sets goals for the purchase of state products (including compost and co-compost products, glass, oil, plastic, solvents, paints and tires) , as follows: By January 1, 1991 100 of the amount purchased of each item is made of recycled material. By January 1, 1993 200 of the amount purchased of each item is made of recycled material. By January 1, 1995 400 of the amount purchased of each item is made of recycled material. The combined purchases of all state agencies shall meet each of the above goals for each of the products noted (except for compose and co-compost products) . AB 817 - Bader AB 817 exempts from the Hazardous Waste Control Law used oil transported between locations operated by the same generator if the material is recycled at the last location and is not handled at any interim location not operated by the generator. AB 817, in defining "used oil" requires that in additional to existing standards, used oil containing more than 1000 parts per million total halogens also meet the EPA requirements listed in paragraph (c) of Section 266.40 of CFR Title 40. AB 817 adds to the purity standards which must be met to be considered "recycled oil" that used oil containing more than 1000 parts per million total halogens also meet the EPA requirements listed in paragraph (c) of Section 266.40 of CFR Title 40. AB 817 reduces the levels of PCB' s which are allowed as a part of purity standards for "recycled oil" from 5 parts or less per million to not more than 2 parts per million. The bill also forbids meeting these purity standards by blending or diluting used oil with crude or virgin oil. AB 817 allows the use of used oil, recycled oil or oil exempted from regulation because it meets the purity standards noted above as a dust suppressant or weed control agent if in addition the oil meet even tighter standards for the presence of lead, cadmium and halogens. AB 817 also eliminates from the existing prohibition against intentionally contaminating used oil .with other hazardous waste those who 'receive, transport, treat or recycle used oil. AB 888 - La Follette, et al. Current law requires that the County Solid Waste Management Plan (CoSWMP) identify a program for the safe management of hazardous wastes generated by households which should be separated from the solid waste stream to the extent that the County determines a need for this program. AB 888 instead requires that when the CoSWMP is first reviewed after January 1, 1990 a household hazardous waste management plan shall be prepared by a County and each city within the County which identifies a program for the safe collection, recycling and disposal of hazardous wastes which are generated by households and which should be separated from the solid waste stream. The household hazardous waste plan must be in the form of an attachment to the CoSWMP. The State Solid Waste Management Board is authorized to comment on and make recommendations to the local agency on revisions to the plan. Each local agency must certify to the Board by January 1 of each year following the submission of the plan that the agency implemented its most recently submitted household hazardous waste plan. AB 888 also requires all newly issued solid waste facility permits to include a condition prohibiting taking any solid waste from a County which has not submitted its household hazardous waste plan. AB 888 also contains legislative findings to the effect that each household in the state should have reasonable access to legal, convenient and environmentally safe methods for the disposal of hazardous substances commonly found in and around homes. Current law requires the state to implement a public information program designed to assist the efforts of local governments and other agencies to provide services related to household hazardous substances. AB 888 revised this requirement to indicate that the public education program should assist the efforts of counties required to provide household hazardous waste collection, recycling and disposal programs and local agencies authorized to provide these programs. AB 888 also adds language which requires that once the CoSWMP has been revised to add the household hazardous waste plan and has been approved by the County and the cities , the County must implement that portion of the household hazardous waste collection, recycling and disposal program which serves the unincorporated area of the county and that the cities or other appropriate agencies must implement the plan in their jurisdictions. This language also allows joint implementation or for another local agency to implement the program with the mutual agreement of the involved local agencies. AB 888 requires the State Solid Waste Management Board to prepare guidelines and a state policy to guide the efforts of local agencies to provide the household hazardous waste collection, recycling and disposal program. The law also requires that the Board' s guidelines allow adequate flexibility to local agencies as long as the local agency' s program does not conflict with the state policy. AB 888 amends the existing language regarding a solid waste collection fee to authorize an increase in the fee to offset the cost of establishing, publicizing and maintaining a household hazardous waste collection, recycling and disposal program. AB 888 also adds one seat to the existing Advisory Committee on Household Hazardous Waste Management and designates that this seat be for a representative of used oil recyclers. Finally, AB 888 holds cities, counties and local agencies harmless for liability for any damage or injury, which occurs while operating a household hazardous waste collection, recycling and disposal program unless the action is performed in bad faith or in a negligent manner. AB 1570 - Sher, et al. AB 1570 contains statements of legislative intent to now establish a program to increase both the supply and demand for recycled oil products in a manner consistent with current law. The bill also contains legislative findings that new technology currently employed by the recycling oil industry is capable of yielding high quality oils equivalent to or superior to virgin oil, that the industrial capability exists to readily meet an increase in demand for recycled oil products and that the costs of recycled oil are competitive with those of virgin oil. AB 1570 requires all state agencies to revise their procedures and specifications for the purchase of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirements that oils be manufactured from virgin materials. The bill also requires every state agency to require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greatest percentage of recycled oil, unless the agency certifies that a specific oil product containing recycled oil is either not available within a reasonable period of time, is unable to meet reasonable performance standards or is more expensive than virgin oil. AB 1570 requires that every state agency establish an affirmative program for procuring oils containing the maximum content of recycled oil, such program to include specified efforts to advise the industry of the agency's preference for recycled oil. AB 1570 also requires all local agencies to purchase lubricating oil and industrial .oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality and price of the recycled product is otherwise equal to or better than virgin oil products. AB 1570 requires either the labeling of oil containers warning the user not to dispose of used oil improperly or providing signs or other written material to oil retailers providing essentially the same information that would have been placed on the container. The bill also requires the California Waste Management Board to maintain a toll-free telephone line which is to be used for the sole purpose of informing callers of the proper way to dispose of used oil and of the firms which are properly equipped and authorized to accept used oil. CLVM:nrl usedoil INTERNAL OPERATIONS COMMITTEE OCTOBER 23, 1989 9:00 AM: REPORT FROM JOINT COMMITTEE ON HOUSEHOLD HAZARDOUS WASTES REGARDING LANGUAGE FOR CONDITIONS OF APPROVAL FOR TRANSFER STATIONS LAND USE PERMIT CONDITIONS OF APPROVAL FOR SOLID WASTE TRANSFER STATIONS HAZARDOUS WASTE Household Hazardous Waste Program. The Transfer Station operator shall develop a household hazardous waste collection%disposal program that is consistent with the County Hazardous Waste Management Plan. The proposed program, along with a schedule of proposed costs and funding sources, shall be submitted to the County Community Development Department within one year of the opening of the Transfer Station. If the household hazardous waste program, or a version of it, is approved by the County Board of Supervisors and the program is funded, the Transfer Station operator shall implement the program. Included in the program shall be a plan, approved by the County Health Services Department, for notifying the Transfer Station users and households in its service area of what constitutes hazardous waste and how such wastes are to be collected and/or disposed. The household hazardous waste program shall include a provision for the on-site acceptance of used motor oil. RV:jal jl29:haz.lup October 14, 1989 Page 1 of 2 President George Bush Governor George Deukmejia Co. Bd. of Supervisors White House State Capitol 651 Pine St Washington, DC 20500 Sacramento CA 95814 MartinezCA 94553 Dear President Bush, Governor Deukmejian and Contra Costa County Board of Supervisors: I am writing to you from a boat on the San Joaquin River Bethel Island, California. My problem is 'How to get rid of oil extracted from my boat after an of I change?' I have spent the last 3 days making a total of 36 phone calls, including State and Federal Agencies that give me an answer, 'There is no place!' Combined with this effort, I have researched past efforts and interviewed local boat owners. I find the problem has prevailed for years, the oil being disposed of by local boat owners, of which there are over 2,000, into the sewers, into the River, on the neighbor's yard and on the levees. This amount of oil over a period of years, past, present and future could exceed the amount of of 1 spi 1 led by Exxon at Valdez, Alaska. (A defunct recylcling center in Pacheco alone was accepting 700 gallons of motor oil weekly in 1987) 1 will be happy to provide you with copies of Contra Costa County`s interpretation of the State's publication "AB 2185"HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY PROGRAM, for the past 3 years. You will find in all that material -There is no place provided for the individual to pour waste oil'_ I will also be happy to provide you with a list of local marinas, fire stations, Waste Recycling Companies, etc., that do not have facilities for disposal of either boat or motor oil from an individual and at least 2,000 plus other boaters like myself. I suspect you will not give this the attention that you did the Alaskan Oil Spill, but in the present, past and future the damage to environment, wild life an mankind will likely exceed that amount. / . RCD RM aw PO Box 1 109 OCT 171,1Qfq Bethel Island, CA 9451 1 PHIL BATCHFLOR CLE7K BOARD' F SOPERVISCR� COI' ' CO8TA CO. By ......• Denuty HOUS$HOM HAZARDOUS WASTE (HHW) PROGRAM WORK PLAIN FOR PHASE I 31 ION DRAFT - AUGUST 211 1989 BACKGROUND: The Household Hazardous Waste Committee was established in January, 1989 by the Solid Waste and Hazardous Materials Commissions. Its charge has been to develop policies, program guidelines and timelines to establish an ongoing system for the collection and disposal of HHW. A major component of this system will also include a public education program to encourage consumers to purchase less toxic products, and to use and dispose of them properly. The committee is coordinating the following areas of responsibility: * developing collection/disposal options and logistics * designing a public education campaign * assisting the general public and reducing the amount of HHW being generated * promoting recycling efforts * consulting with franchisors to develop franchise and permit agreements * consulting with franchisors to finance a collection and disposal program * researching liability issues and solutions * liaisoning with regional efforts to reduce HHW and promote collection and disposal programs. Both the Hazardous Waste Management Plan and the Solid Waste Plan encourages that HHW collection programs be established by franchisees. The HHW Committee is overseeing the implementation of these programs. The Hazardous Waste Management Plan (Pages 6-8) and the Solid Waste Management. Plan (pages 8-14) state: Disposal: The public should be provided with safe, accessible, and convenient locations to dispose of household hazardous waste. This may be achieved by: 1. Promoting the recycling of household hazardous wastes, such as waste oil, lead acid batteries, and latex-based paints. 2. Requiring all waste collection companies and other appropriate agencies or companies to provide regular pick-up and or/collection points for household hazardous waste recycling as appropriate. Franchisors and franchisees are encouraged to work together to develop and promote such programs. 3. Requiring solid waste transfer stations to operate household hazardous waste collection, recycling, and disposal programs. 4. Requiring commercial hazardous waste management facilities to accept household hazardous waste at a recoverable cost when no other alternatives are available in the local area. 5. Advocating the adoption of State Legislation that would: a. Encourage and facilitate recycling of hazardous waste statewide through such mechanisms as tax incentives, manufacturing reprocessing, market development, and legal clarifications of recycling definitions. b. Reduce administrative, financial, and legal barriers to household hazardous waste treatment facilities; and C. Develop financing mechanisms such as a surcharge or deposit on products that become household hazardous wastes to encourage the recycling, or proper treatment, storage, and disposal of household hazardous wastes. The committee decided to split the establishment of a collection and disposal program for household hazardous waste into two phases. Phase I provides for the collection and recycling of used oil, latex paint, and lead acid batteries. Phase II provides for the collection, recycling, treatment and disposal of all other HHW. This work plan addresses the implementation of Phase I of the project. Used oil, latex paints, and lead acid batteries have been identified because they comprise the bulk of the HHW waste stream, and because there are viable recycling options currently available. Phase I: Expand the recycling of used oil, latex paint, and lead acid batteries in Contra Costa County. The following guidelines must be followed when establishing these programs: o Provide permanent facilities in at least four sectors of the county (east, west, north central, south central) . o Solid waste programs accepting used oil, latex paint, and lead acid batteries can be facilitated by establishing working relationships between their franchisors (cities, sanitary districts) and franchisees to provide either a drop off point and/or curbside pickup as appropriate, or franchisee corporation yard. 2 o Develop screening guidelines to guard against contaminated wastes being brought to the recycling program. o Assure that the programs are operating on a regular basis (at least one time per month) and be readily accessible to all communities in each franchisee service area. o Develop guidelines on liability controls for accepting wastes from the public. o Integrate collection program into a long-term public education program regarding waste minimization and recycling. The committee strongly encourages the coordinated efforts of the county, cities, sanitary districts, solid waste collection companies, community recycling centers and others to achieve implementation of the program. The work plan is in draft form only. It needs the approval and commitment of all key agencies and organizations before it is adopted for implementation. The following is a brief synopsis of the problem of each type of waste, and local needs and resources to manage recycling. The next steps needed for implementation with a proposed timeline is included in the final section of the work plan. USED OIL BACKGROUND: Used oil and paints are the largest, in quantity and volume, of all hazardous wastes generated by Contra Costa households. According to an Environmental Protection Agency study, the number of do-it- yourself oil changes is increasing nationwide due to the rising cost of oil changes at service stations and the availability of inexpensive motor oil at discount stores. However, most neighborhood gas stations are no longer accepting used oil from do- it-yourselfers. Service stations that were once paid to collect oil must now pay to have it hauled away. According to the California Waste Management Board, approximately 40 percent of recyclable motor oil is recycled statewide. Without convenient disposal, frustrated oil changers resort to pouring hazardous oil down sewers and storm drains, in backyards and vacant lots, and in garbage cans and dumpsters. Fluid oil can rapidly leach through porous soils and find its way into surface and groundwaters . One gallon of used oil can contaminate a million gallons of drinking water. 3 US$D OIL STATISTICS YEAR CALIFORNIA 1987 CONTRA COSTA 1987 (estimates) Volume of Oil sold 243 million gallons 6.5 million gallons Volume of Used Oil Collected 81 million gallons 2.18 million gallons Volume of Used Oil Available for Recycling 138 million gallons 3.72 million gallons Volume of Used Oil Recycled 57 million gallons 1.54 million gallons Percent of Used Oil Recycled 47% 41% Amount of Used Oil Unaccounted For 81 million gallons 2.18 million gallons LOCAL NEEDS AND RESOURCES: Contra Costa has limited availability of used oil collection programs. Many areas of the county have no reasonable access to collection services, and the public who is trying to use responsible disposal methods become frustrated when they are told to drive several miles to -the nearest collection point. The general public is also often confused and/or ignorant about the proper disposal methods. A comprehensive public education campaign is essential if there is to be an increase in the amount of used oil collected in Contra Costa County. Multiple resources are available to assist in promoting used oil recycling. The county, cities, sanitary districts, garbage collection companies, service stations and community recycling centers can all play a role in developing the oil recycling infrastructure in Contra Costa. The refinement and implementation of this work plan will establish a comprehensive infrastructure of used oil recycling options in Contra Costa. 4 GOAL OF A USED OIL COLLECTION AND RECYCLING PROGRAM: The goals and benefits of oil collection and recycling systems are to: o Prevent oil, from entering landfills and potentially leaching into surface and groundwaters; o Prevent oil from entering storm drains and sewers, and causing water pollution; o Prevent backyard and other illegal dumping to prevent soil and water contamination and accidental poisonings; o Provide consumers with accessible and responsible methods • of collection and recycling; o Recover a valuable resource; o Conserve the nation's and world's finite supply of crude oil. o Save energy and resources otherwise needed to develop and refine virgin oil; o Comply with state and federal hazardous waste laws. OBJECTIVES: (1) Franchisees provide either curbside or drop-off recycling programs as described below. (2) Other key participants (county, cities, sanitary districts, community recycling centers, etc. ) coordinate a spectrum of other recycling services for the community. INTEGRATED APPROACH USING ABOVE OPTIONS: Each community is encouraged to develop a collection program that best meets local needs. By incorporating many of the above options (particularly in lieu of curbside pick-up) the public can be served with accessible and affordable disposal options. CURBSIDE RECYCLING PROGRAMS: Curbside collection is by far the most convenient form of proper disposal for at home do-it-yourselfers. The Bay Area communities of Los Altos, Palo Alto, Sunnyvale and Mountain View provide this service as part of their residential curbside recycling programs. 5 In Mountain View and Sunnyvale, residents are. asked to leave used oil in gallon containers at the curb with other recyclables. Plastic gallon jugs are available at no charge from the recycling company. Recycling trucks are equipped with racks to hold one- gallon plastic containers; the truck drivers collect . the full containers and replace them with empty ones. In other locales, trucks carry oil tanks. Full containers are emptied into the tanks and empty containers disposed of in bins alongside. In Contra Costa County, Contra Costa Resource Recovery Service in Martinez and Port Costa Recycles provide curbside collection free of charge to their customers. Section 25250.15 of the California Health and Safety Code, exempts curbside collection of used oil from the requirements for hazardous waste disposal. Programs must comply with terms outlined in franchise agreements. Liability is assumed by the franchising agency or hauler. DROP-OFF COLLECTION: Drop-off services have been provided at many permanent and temporary locations throughout the Bay Area. "Permanent" locations include recycling centers; transfer stations; landfills; and city, county, and private corporation yards. Temporary sites have included household hazardous waste collection days and shopping malls. These sites and other options are discussed below. Recycling Centers: Several recycling centers throughout the Bay Area accept used oil. In E1 Cerrito, the E.C. Ology Recycling Center collects approximately 500 gallons of used oil each week (27,000 gallons annually) and at no charge to the public. At present, California Oil Recyclers picks up the oil at no cost to the center. Pacific Rim Recycling in Walnut Creek offers used oil recycling at a nominal cost to the public. Transfer Stations and Landfills: Most solid waste transfer stations and landfills have for many years maintained tanks on-site for their own used oil and accept oil from the public. These locations are most convenient for small businesses that regularly haul their own wastes to the station or landfill. As the facilities tend to be in remote locations away from population centers, they are relatively inconvenient locations for do-it- yourselfers. Nonetheless, transfer station and landfill operators report that their tanks are frequently used and they plan to maintain this service. 6 Public Maintenance Yards: Generally every city and county maintains one or more maintenance yards for its own vehicles and equipment. In addition, many state agencies and special districts, such as bus districts, maintain corporation yards throughout the state. As these yards usually store used oil for their own vehicles and equipment, they are natural locations for drop-off collection. However, few localities have taken advantage of this arrangement. Nevada City and Santa Monica have successfully done so. Personnel requirements, and local fire and safety regulations must first be considered. Corporation Yards: Several private corporations have opened their tanks to public disposal. Pleasant Hill Bayshore Disposal, for example, accepts oil from its rate-payers at its corporation yard. Drop-Off at Points of Purchase; Many places that sell oil, such as service stations and auto supply stores, also provide oil changes and maintain used oil tanks on-site' for their own purposes. Relatively few of these retailers accept oil from the public, but could be encouraged to do so. Mobile Collection: Evergreen Oil has equipped an "Oil Mobile" to collect oil at shopping centers and other much-visited locales. The Oil Mobile can collect 1500 gallons per day, has been very popular and collected about 97,000 gallons in 1988. SERVICE STATION NETWORK: The California Waste Management Board (Board) maintains a list of service stations that collect used oil from the public. A random check of these sites indicates that the charge for disposal ranges from $0.25 to $1.00 per gallon. This information is available to the public on the Board's Hotline (1-800-553-2962) . The Board is working to establish collection networks comprised -of haulers that transport used oil at no charge to the service stations when they collectively guarantee at least 2000 gallons to be picked up in a minimum number of stops. In exchange for the free pick up, service stations agree to accept used oil from the public without charge. The Santa Monica Recycling Program operates a network. San Mateo has made arrangements with fourteen service stations for free public collection. In exchange, San Mateo has made collection for these stations cheaper, and the county has assumed liability for the oil collected from the public. 7 Ventura County encourages service stations by- reducing their waste generator permit fees by 75 percent if the person issued the license certifies that the station (a) maintains a used oil storage tank or tanks with toe capacity for at least 100 gallons at each licensed location, (b) accepts up to four gallons of used oil per day without charge, and (c) conspicuously displays a sign advertising willingness to accept used oil without charge. LATER PAINTS BACKGROUND: Paint is one of the most common items used and stored in residences. Paint products are widely used for painting interior and exterior walls, ceilings, trim, furniture, fences and decks. Included in this category are undercoatings, sealers, primers, stains, preservatives, and other architectural coatings . Homeowners typically repaint building interiors and exteriors every 5-10 years depending on the surface finish and exposure conditions . Public areas and places with high traffic may be repainted more frequently. Householders often have difficulty estimating their paint needs and err on the side of buying excess paint rather than risk running short. Leftover paint is kept for touch-ups and future projects. Over the long term, the result is an accumulation of partially-used or yet-to-be-used paints, solvents and associated equipment on a shelf or in a cabinet. Older homes tend to have large paint stockpiles from many previous painting projects. In older neighborhoods (established before the predominance of latex paints) , storage of solvent-based paints is common. Lead-based paint - which is no longer manufactured or sold, may still be stored among old solvent-based paints. The most frequent disposal method for paints, according to a three- city household survey, was in household trash. ( "Disposal of Hazardous Wastes by Small Quantity Generators - Magnitude of the Problem, " by Lorene Jackson Russell and Emy Chan Meiorin, Association of Bay Area Governments, Oakland, California. 1985) . Householders are often unaware that solvent-based paints are classified as hazardous and are surprised when sanitation workers refuse to accept paint cans. In some cases, householders resort to illegal disposal. However, the majority of householders continue to store paints for lack of any available safe disposal methods. On such occasions when a community holds a household hazardous waste collection event, the programs are generally inundated by householders trying to relieve their homes of stored paint. 8 It is important to note that Phase I of the HHW program will address only latex paints, which are currently recyclable. Oil and lead-based paints, solvents, and specialty products will be addressed in Phase II of the program. Latex paint is not currently classified as a hazardous .waste by the State Department of Health Services. It is a waste disposal problem and recycling programs should therefore be developed. LATEX PAINT STATISTICS: In 1985, ABAG and the University of Arizona conducted a study of regular household trash from weekly pickups at 1,022 Marin County single-family households ( "A Characterization of Hazardous Household Waste in Marin County, California, " by William Rathje, D.C. Wilson and W.W. Hughes. A report to the Association of Bay Area Governments, Oakland, California. 1985) . ESTIMATED AVERAGE HOUSEHOLD PAINT GENERATION RATE 1986 - 2000 Average Household Bay Area Contra Costa 1986 1.51 lbs/yr 1585 tons/yr 203 .8 tons 2000 1 .51 lbs/yr 1900 tons/yr 244 .3 tons Paint and related products stored for months and years constitute the greatest volume of materials brought to one-day household collection programs in the Bay Area. In a series of collection programs conducted for 12 cities in Alameda County in 1987, each household participant brought an average of 26.82 pounds of solvent-based paint products and thinners, and 25.12 pounds of latex paints for a total of 51.94 pounds (Rathji, Wilson, Hughes) . The household participation rate at these events is typically around It. ESTDCRTED POTENTIAL ANNUAL PAINT DISPOSAL FROM LONG-TERM STORAGE 1986-2000 Average Household Bay Area Contra Costa 1986 51.94 lbs/year 545 tons/year 70 tons/year 1990 51.94 lbs/year 654 tons/year 84 tons/year These are amounts stored in homes that would gradually be disposed of over many years. Without a community hazardous waste collection program, the paints would most likely be improperly put in the trash, or taken in self-haul loads to landfills. 9 LOCAL NEEDS AND RESOURCES: At this time, the Pleasant Hill Bay Shore Disposal Company offers the only drop-of f point for latex paint for Contra Costa residents. They have a permanent location in Pacheco and a satellite location in Antioch on a monthly basis. An ongoing collection program needs to be developed by local communities. The HHW committee can coordinate the planning of the collection program. GOALS OF LATEX PAINT RECYCLING PROGRAM: * provide a responsible method for residents to dispose of excess paint, * reduce the volume of paint being improperly disposed of in sewers, storm drains, trash, etc. , * reduce landfill disposal volumes and conserve limited landfill capacities, * recover a useful resource, and provide a product for use by non-profit and civic organizations and groups with limited funds. •OBJECTIVES: The most practical system for collecting latex paints is to offer a series of centralized drop-off points throughout the county. These drop-off points could be operated on a permanent basis, or through special collection day programs in each city. Franchisees must establish a latex paint drop-off point in their service area. It is recommended that latex paint drop-off is provided concurrently with used oil drop-off. Several logistical guidelines should be adopted when operating a latex paint collection program. * Keep white paints separated from pigmented paints. The white paints can be bulked and used without recycling. * Establish a scrap metal recycling program for empty paint cans. * The transportation of the paint to the recycler can be costly. Communities should coordinate pick-up and transportation of paint to the recycler in Southern California. 10 y t ' * Franchisees will be required to accept the costs of recycling the paint. The recycled paint is returned to the franchisee. A use and distribution system for this paint should be developed with local communities . Graffiti abatement programs, schools, community centers, senior housing projects have all successfully used recycled paint products at a tremendous fiscal savings. LEAD ACID BATTERIES BACKGROUND: Lead acid batteries can pose a significant environmental health hazard when not disposed of properly. Sulfuric acid, lead, solder, and other metals can contaminate soil and ground water if batteries are buried in the ground or are recycled improperly. For example in Contra Costa County, Cook Battery in Oakley, formerly a car battery recycling operation indicates the type of environmental damage caused by improper disposal of batteries. Due to improper industrial processes and disposal, serious soil contamination (more than 1000 times recommended EPA limits) resulted and the site was placed on the State Superfund list. Although there was no direct public health impact from this contamination, . the potential for contaminated drinking water or the exposure to children to lead poisoning from.playing in neighboring yards does pose significant concern for the proper disposal of lead acid batteries . Most lead acid batteries are purchased and installed at service stations, or by commercial mechanics and are therefore recycled through established industrial routes. For example, Sears at Sun Valley Mall sells approximately 500 lead acid batteries per week and recycles approximately the same amount. Most people are therefore exchanging their old lead acid batteries for new ones at the time of purchase. The home mechanic has limited options, however, and may well be illegally disposing of lead acid batteries in the trash, burying them in the ground, or storing them in a garage, tool shed or backyard. While there are no exact statistics on the number of lead acid batteries being stored at Contra Costa residences, experience of household hazardous waste collection programs throughout the state indicates there is indeed a need for collection points for batteries being stored by home mechanics. 11 CAR BATTERY STATISTICS CITY QUANTITY COLLECTION METHOD/ PARTICIPANTS COLLECTED TIMEFRAME # PARTICIPANTS San Bernardino 84 batteries 1987 - 88 Permanent 69 batteries 1987 - 88 Round Ups 110 batteries 1988 - 89 Round Ups San Francisco 192 batteries First year Permanent San Jose* 900 batteries 2 days 2200 Antioch* 238 batteries 6 days 400 Pacheco 93 batteries 5 months Permanent It is important to note that the high volume of batteries at the San Jose and Antioch programs was generated after extensive medial advertising about the recycling program. This emphasizes the need for continuous public education about the availability of HHW programs. LOCAL NEEDS AND RESOURCES: There are at least four battery recycling companies operating in Contra Costa County. These companies are transfer stations for car battery recycling. The drop-off collection points established under Phase I of the Contra Costa Hazardous Waste Program can utilize these companies to ship lead acid batteries to large industrial smelters and metal recyclers. THE GOAL OF CAR BATTERY RECYCLING PROGRAM: o To provide a responsible method for residents to dispose of lead acid batteries. o To reduce the number of lead acid batteries being improperly stored in garages or improperly disposed of in the ground, trash, creeks, etc. o To recover a useful resource for reuse in the manufacturing of lead acid batteries and other metal products . OBJECTIVES: The most practical method for collecting lead acid batteries is to offer a series of centralized drop-off points throughout the County. These drop-off points can be operated on a permanent basis and be incorporated with the used oil and latex paint drop-off points provided by each franchisee. 12 The logistics for the collection and storage of lead acid batteries should pose no barrier to the offering of these services. Franchisees will need to establish a relationship with a local battery recycling company to accept the batteries that are collected. It is possible that several drop-off points may want to pool the batteries collected so they can be transported to the recyclers in bulk volumes. COMMITTEE ACTION STEPS AND TIMELINE ACTION MONTH 1. Work plan meeting with franchisees/ors 1. October 2. Report to Hazardous Waste and Solid Waste Commissions and to the Board of Supervisors 2. October. 3. Finalize draft work plan and sample contract language 3. Nov-Dec 4. Establish implementation committee 4. December 5. Training on used oil and latex paint recycling 5. January 6. Assist franchisors in developing contract language and implementation plans for oil and paint recycling programs 6. Nov-March 7. Establish used oil network with service stations 7. Nov-Jan 8. Develop, fund, implement public education campaign 8. Dec-ongoing 9. Goal for implementing Phase I HHW program in Contra Costa County 9 . March 10. Require recycling programs in landfill and transfer station permits 10. Long-Term MA:md 8/21/89 oilrpt.ma 13