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HomeMy WebLinkAboutMINUTES - 06261990 - 1.36 BOARD OF SUPERVISORS - _. Contra FROM: Costa Phil Batchelor, County Administrator s County DATE: June 19, 1990 rrA'coax SUBJECT: LEGISLATION: AB 3749 (Sher) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONNENDATION 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 June 12, 1990 the Board of Supervisors voted to continue its support of AB 3749 as amended May 3 , 1990. On June 4, 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. CONTINUED ON ATTACHMENT:YgS_YES SIGNATURE: ��� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE x APPROVE OTHER SIGNATURES 6 , ACTION OF BOARD ON .111 n ' 2 h, n APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. JUN 2 6 1990 CC: ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) Please see Page 3 . BY � DEPUTY ' .A 1ti Assemblyman Sher has introduced AB 3749 which, as amended June 4, 1990, would enact the California Oil Recycling Enhancement Act, 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 December 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 recycled oil, and to nonprofit and governmental entities and businesses for projects which may include one or more of the following programs or activities: * Curbside pickup of used oil 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. * Equipment and procedures to comply with federal, state, and local law regarding the collection, handling, and storage of used oil. 3 . The grants to nonprofit organizations and governmental entities authorized above may include grants to offset operational expenses. 4 . Development and implementation of an information and education program aimed at promoting alternatives to the illegal disposal of used oil. 5. 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 an entity which buys and uses industrial or lubricating oil only for equipment owned or used by the business entity) , curbside collection program and certified used oil collection center for oil collected after April 1, 1992 from the public, or generated by the used oil collection center or the industrial generator, 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 board is cannot change the amount of the refund more often than once each year. If the board lowers the refund, it must continue providing refunds to certified used oil collection centers at the previous rate for one month after setting the refund at a lower rate. 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 center quarterly on the amount of used oil collected and transported to a certified facility and for other related reporting requirements. The bill also provides that effective May 1, 1991 each manufacturer of industrial oil shall report to the board the amount of oil sold. Each used oil hauler is also required, beginning May 1, 1991, to report to the board the amount of used oil transported, the location to which it was transported and the source of the used oil. The bill provides for other reporting procedures. 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 June 4, 1990. AB 3749 passed the Assembly Natural Resources Committee on April 23 , 1990 by a vote of 12: 0 and the Assembly Ways & Means Committee on May 30 , 1990 by a vote of 19: 0. The bill passed the • full Assembly on June 11, 1990 and is now pending a committee assignment in the Senate. 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