HomeMy WebLinkAboutMINUTES - 06121990 - 1.40 I
-040
TO:' BOARD OF SUPERVISORS Contra
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FROM: y� Costa
Phil Batchelor, County Administrator °2 COUrIt
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DATE: �Orra couN cP�
June 4, 1990
SUBJECT:
LEGISLATION: AB 3749 !(Sher)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Indicate that the Board of Supervisors continues to SUPPORT AB
3749 by Assemblyman Sher which would impose a surcharge of 5
cents on each quart of oil sold in the state and establish a used
oil recycling program funded from the surcharge.
BACKGROUND:
On March 27, 1990 the Board of Supervisors voted to support AB
3749. On May 22, 1990 the Board of Supervisors voted to continue
its support of the bill as it was amended on April 18 , 1990. On
May 3 , 1990 the bill was '!again amended.
Existing law requires the California Integrated Waste Management
Board to prescribe guidelines for providing facilities for the
deposit of used oil by ,'' persons possessing not more than five
gallons at one time at no cost to those persons. Existing law
also requires manufacturers of containers for lubricating oils or
industrial oils for sale , to consumers in California to label the
containers or provide specified signs or other written material
to retailers. Existing , law regulates used oil as a hazardous
waste and prohibits the disposal of oil except at a facility or
by a recycler or hauler certified and with a permit issued by the
State Department of Health Services.
Assemblyman Sher has introduced AB 3749 which, as amended May 3 ,
1990, would enact the California Oil Recycling Enhancement Act,
CONTINUED ON ATTACHMENT.Yes YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON J nn 1 7 1990 APPROVED AS RECOMMENDED OTHER
a
i
YVO,TEOFUPERVISORSI HEREBY CERTIFY THAT THIS IS A TRUE
NIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED
,JUN 12 19N
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please See Page 3 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
under which every oil manufacturer would be required to pay a
recycling deposit of ,five cents to the Integrated Waste
Management Board for each quart ' or 20 cents for each gallon of
lubricating oil or industrial oil sold or transferred to a dealer
for sale in this state on or after July 1, 1991, excepting oil on
which a recycling deposit has been paid.
The bill would require these revenues to be used for specified
purposes related to the recycling of used oil. These would
include the adoption of a used oil recycling program which
promotes and develops alternatives to the illegal disposal of
used oil and which shall';contain at least the following elements:
1. A deposit and refund system as described below.
2. The awarding of grants or loans for research, testing, and
demonstration projects to develop uses for used oil, and to
nonprofit and governmental entities and businesses for
projects which mayl include one or more of the following.
programs or activities:
* Curbside . pickup of used oil containers by a local
government or its designee.
* Retrofit of solid waste equipment to promote curbside
pickup or disposal of used oil at used oil collection
centers designated by the local government entity.
* Establishment of publicly operated used oil collection
centers.
* Provision of containers and other materials and
supplies that the public can utilize in an
environmentally sound manner to store used oil for
pickup or return to a used oil collection center.
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4 . Development and implementation of an information and
education program aimed at promoting alternatives to the
illegal disposal of'� used oil.
S. A reporting, monitoring, and enforcement program to ensure
that these provisions are appropriately carried out.
The Integrated Waste Management Board would pay a collection
refund of not less than !',five cents per quart to every industrial
generator (defined as a business entity which buys and uses
industrial or lubricating oil only for equipment owned or used by
the business entity) , and certified used oil collection center
for oil collected after 1 April 1, 1992 and transported by a used
oil hauler permitted by the department from the industrial
generator or used oil collection center to a certified used oil
recycling facility. This amount may be increased if the
Integrated Waste Management Board determines that an increase is
necessary to promote recycling of used oil.
The bill also provides for the certification of used oil
collection centers. The bill also provides, as a condition of
being eligible for payment of a used oil refund, for reporting by
each oil manufacturer,: industrial generator, and used oil
collection centers monthly beginning January 1, 1992 on the
amount of used oil collected and transported to a certified
facility and for other related reporting requirements.
The bill also provides' for criminal and civil penalties for
violation of the provisions of the bill.
The Board of Supervisors has been concerned for some time about
the need to provide better facilities for the collection and
recycling of used .oil. The introduction of AB 3749 appears to be
consistent with the Board of Supervisors ' objectives in this
regard and it is therefore recommended that the Board of
Supervisors indicate its continued support for AB 3749, as
amended May 31 1990.
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AB 3749 passed the Assembly Natural Resources Committee on April
23 , 1990 by a vote of 12: 0 and is scheduled to be heard by the
Assembly Ways & Means Committee on May 30 , 1990.
cc: Assemblyman Byron Sher
County Administrator
Community Development Director
Health Services Director
Dr. William Walker, ! Environmental Health Director
Sheila Cogan, Resource Recovery Specialist
Catherine Kutsuris, '' Community Development Department
Chuck Zahn, Staff to the Environmental Affairs Committee
Marice Ashe, Staff to the Hazardous Materials Commission
Les Spahnn, SRJ. Jackson, Barish & Associates
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