Article 6.5. Hazardous Waste Haulers of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 6.5.
This article may be cited and shall be known as the
Hazardous Waste Haulers Act. It is not the intent of the Legislature
in enacting these provisons to preempt or weaken any state or federal
law or regulation specifically relating to the handling or
transportation of radioactive materials or nuclear waste.
The Legislature finds and declares that increasing
quantities of hazardous waste are being produced in this state and
that adequate and reasonable safeguards in handling hazardous wastes,
particularly in transporting hazardous wastes to disposal sites, are
necessary to protect the public health and environment.
It is the intent of the Legislature that this article
preempt all local regulations and all conflicting state regulations
concerning the transportation of hazardous waste, including all
inspection, licensing, and registration of trucks, trailers,
semitrailers, vacuum tanks, cargo tanks, and containers used to
transport all types of hazardous wastes. No state or local agency,
including, but not limited to, a chartered city or county, shall
adopt or enforce any ordinance or regulation which is inconsistent
with the rules and regulations adopted by the Department of Toxic
Substances Control, the Department of the California Highway Patrol,
or the State Fire Marshal pursuant to this article.
For purposes of this article, the following terms have the
(a) "Vehicle" means a truck, trailer, semitrailer, or cargo tank.
"Vehicle" does not include a truck tractor unless it is capable of
containing a portion of the cargo.
(b) "Container" means a portable tank, intermediate bulk
container, or rolloff bin.
The department shall adopt regulations for containers used
to transport hazardous waste that are not subject to the federal
regulations contained in Title 49 of the Code of Federal Regulations.
(a) Every transporter of hazardous waste shall maintain
ability to respond in damages resulting from the operation of that
business. The ability to respond in damages includes the ability to
respond to public liability, as provided in subdivision (c). For
purposes of this section only, "public liability" means liability for
bodily injury, including injury to the body, sickness, or disease to
any person, and death resulting from any such injury, sickness, or
disease; for property damage, including damage to, or loss of use of,
tangible property; and for environmental restoration, including
restitution for the loss, damage, or destruction of natural resources
arising out of the accidental discharge, dispersal, release, or
escape into or upon the land, atmosphere, watercourse, or body of
water, of any commodity transported by a motor carrier. This
liability includes the cost of removal and the cost of necessary
measures taken to minimize or mitigate damage or potential for damage
to human health, the natural environment, fish, shellfish, and
(b) The department shall, within 15 working days of being informed
of any violation of subdivision (a), transmit a notice of violation
to the transporter suspected of the violation. If the transporter so
notified does not present proof of compliance with subdivision (a) to
the department's satisfaction within 30 days of transmittal of the
notice, the department shall immediately, notwithstanding Section
25186, suspend the transporter's registration. If proof of compliance
is not submitted within 60 days, the registration shall immediately
be revoked, notwithstanding Section 25186. A transporter whose
registration is revoked pursuant to this subdivision may apply again
for registration upon furnishing proof of compliance with subdivision
(c) The ability to respond to public liability means having a
policy of insurance coverage issued by an insurer or a surety bond
issued by a surety, which meets both of the following requirements:
(1) The policy or bond has the liability limits specified for
carriers of hazardous wastes by the Department of Transportation in
Part 387 (commencing with Section 387.1) of Subchapter B of Chapter
111 of Title 49 of the Code of Federal Regulations, except that
coverage shall be in the amount of one million two hundred thousand
dollars ($1,200,000) for waste petroleum in bulk shipments, and six
hundred thousand dollars ($600,000) for vehicles under 10,000 pounds
gross vehicle weight rating.
(2) The policy's or bond's terms conform to Form MCS-90 or MCS-82,
respectively, as defined and set forth in Sections 387.7 to 387.15,
inclusive, of Title 49 of the Code of Federal Regulations, or a
written decision, order, or authorization to self-insure that
complies with paragraph (3) of subsection (d) of Section 387.7 of
Title 49 of the Code of Federal Regulations, adopted pursuant to
Section 30 of the Motor Carrier Act of 1980 (49 U.S.C. Sec. 10927).
(d) As proof of compliance with subdivision (a), an insurer or
surety which provides the insurance coverage or surety bond required
by this section shall agree to provide the department with proof of
the transporter's ability to respond in damages. An insurer or surety
may demonstrate the ability of the transporter to respond to public
liability by submitting a completed certificate of insurance on a
form provided by the department or a Form MCS-90 or MCS-82, as
specified in Section 387.15 of Title 49 of the Code of Federal
Regulations, to the department.
(e) An insurer or surety who has agreed to provide the department
with proof of ability to respond in damages, as required by
subdivision (d), shall also provide the department with a written or
facsimile notice within 24 hours after loss of insurance providing
ability to respond in damages, as required by subdivision (d).
Before hazardous waste is transported from an abandoned
site to another disposal site, all of the following conditions shall
(a) The department shall conduct such tests, or cause such tests
to be completed by the responsible party, as are necessary to
determine the general chemical and mineral composition of hazardous
waste that is being transported.
(b) The hazardous waste hauler shall prepare a transportation and
safety plan outlining safety features and procedures to be used by
the hauler to protect the public during the transportation process.
(c) The department shall review and approve the transportation and
(d) The hazardous waste hauler shall, under penalty of perjury,
certify that he or she will follow the provisions of the
transportation and safety plan.
(e) The department shall issue a certificate to the hazardous
waste hauler certifying that the transportation and safety plan has
been approved by the department. The person transporting the waste
shall have the certificate in his or her possession while
transporting the waste. Such certificate shall be shown upon demand
to any department official, officer of the California Highway Patrol,
or any local health officer.
The term "abandoned site," as used in this section, means an
inactive waste disposal, treatment, or storage facility which cannot,
with reasonable effort, be traced to a specific owner; a site whose
owner is the subject of an order for relief in bankruptcy, or who has
not taken corrective action on or before the date specified in an
order issued pursuant to Section 25187; or a location where hazardous
waste has been illegally disposed.
(f) The requirements of this section shall not apply when the
hazardous waste disposal is the direct result of an accidental spill
or the department determines that emergency action is needed to
protect the environment or the public health.