Article 11.8. Hazardous Waste Reduction, Recycling, And Treatment of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 11.8.
This article shall be known and may be cited as the
Hazardous Waste Reduction, Recycling, and Treatment Research and
Demonstration Act of 1985.
(a) Except as provided in subdivision (b), the department'
s duty to implement this article is contingent upon, and limited to,
the availability of funding.
(b) Subdivision (a) does not apply to Section 25244.4.
(a) The Legislature hereby finds and declares that,
whenever possible, the generation of hazardous waste is to be reduced
or eliminated as expeditiously as possible, and that waste that is
generated should be recycled, treated, or disposed of in a manner
that minimizes any present or future threats to human health or the
(b) The Legislature further finds that there exists many
promising, but as yet unproven, technologies for the reduced
generation of hazardous waste and for recycling and treating
(c) The Legislature further finds that financial commitment by
public agencies and private industry for the expeditious development
and dispersion of hazardous waste reduction, recycling, and treatment
technologies depends upon further research as well as credible and
timely demonstrations of the feasibility, environmental
acceptability, and reliability of this technology.
(d) It is the intent of the Legislature, in enacting this article,
to promote the research, development, and expeditious demonstration
of technologies which have the potential to reduce, recycle, and
treat hazardous waste. It is further the intent of the Legislature to
encourage private sector participation in this program to the
greatest extent possible.
For purposes of this article, "hazardous waste reduction,
recycling, and treatment technologies" mean technologies and
techniques which have, as their primary purpose, the reduced
generation of hazardous waste, the recycling of hazardous waste, or
the conversion of hazardous waste into a less hazardous form.
"Hazardous waste reduction, recycling, and treatment technologies" do
not include solidification or treatment occurring directly in, or
on, the land, such as techniques using evaporation, surface
impoundments, or land farming.
Every generator of hazardous waste shall submit a report
to the department, at least once every two years, reporting the
changes in volume and toxicity of waste achieved through waste
reduction during the period for which the report is issued.
(a) The department shall establish a Hazardous Waste
Technology, Research, Development, and Demonstration Program, which
shall consist of all of the following elements:
(1) Contracting with, and providing grants to, universities,
governmental agencies, and private organizations for the research and
development of hazardous waste reduction, recycling, or treatment
technologies pursuant to Section 25244.10.
(2) Providing grants, under specified conditions, to cities,
counties, and private organizations for the commercial demonstration
of hazardous waste reduction, recycling, or treatment technologies
pursuant to Section 25244.6.
(3) Providing grants to local governments for the development of
local hazardous waste reduction programs which provide technical
assistance, including hazardous waste audits, to generators pursuant
to Section 25244.1101.
(b) (1) For purposes of this subdivision, "commercially successful
technology" means a hazardous waste reduction, recycling, or
treatment technology which is proven to be profitable, as determined
by the department.
(2) The department shall require any university, governmental
agency, or private organization which receives a grant pursuant to
paragraph (1) or (2) of subdivision (a) to agree to repay the
department for the amount of the grant, if the grant results in the
development of a commercially successful technology, and to
additionally pay the department a percentage of any royalties derived
from that technology, as negotiated between the department and the
(3) The department shall deposit any repayments or royalties
received by the department pursuant to this subdivision in the
Hazardous Waste Control Account, and those funds may be expended by
the department, upon appropriation by the Legislature, to carry out
The department, in consultation with the State Water
Resources Control Board, the State Air Resources Board, and the
California Waste Management Board, shall do all of the following:
(a) Implement a program to research, develop, and demonstrate
hazardous waste reduction, recycling, and treatment technologies at
appropriate locations throughout the state.
(b) On or before January 1, 1987, and, in consultation with
industry and interested parties, adopt criteria for selecting
projects which would receive grants to pay for the construction of
equipment which would be used to demonstrate hazardous waste
reduction, recycling, or treatment technologies. The criteria shall
include provisions which require that, in assessing each project, the
department consider the feasibility of the project's particular
technology, the research and technical spinoffs likely to be
generated by the project, the degree to which the findings of the
projects can be disseminated and evaluated for replication elsewhere,
and the consistency of, and contributions of, the project to the
state's hazardous waste management program.
(c) Using the criteria adopted pursuant to subdivision (b), select
projects to receive grants to construct equipment which would be
used to demonstrate hazardous waste reduction, recycling, or
treatment technologies. A grant issued by the department pursuant to
this section is not subject to Chapter 2 (commencing with Section
10290) of Part 2 of the Public Contract Code, including, but not
limited to, Section 10295 of the Public Contract Code, or Chapter 10
(commencing with Section 4525) of Division 5 of Title 1 of the
Government Code. The department shall select projects which also meet
at least one of the following requirements:
(1) The project has onsite, as well as offsite potential, for the
reduction, recycling, or treatment of hazardous waste.
(2) The project has the potential to benefit, or be utilized by,
(3) The project is applicable to a range of industries.
Consistent with Article VII of the California
Constitution, the department may contract for services to be
performed to carry out this article, including, but not limited to,
environmental control assessment, feasibility analysis, the review of
project design, field management responsibilities, and project
scheduling and control.
Grant funding for equipment construction needed for
demonstration of hazardous waste reduction, recycling, and treatment
technologies shall be provided to projects selected pursuant to
Section 25244.6 in four consecutive steps:
(a) Step I grants shall be made to study the feasibility of a
proposed project. Ninety percent of the costs of the feasibility
study shall be eligible for grant funding up to a maximum of
twenty-five thousand dollars ($25,000) per grant. In activities
funded by a step I grant, the applicant shall develop information
needed to select the waste reduction, recycling, or treatment
alternative, which would be most cost-effective.
(b) Step II grants shall be made for project design. Seventy
percent of the costs of the design of the project shall be eligible
for grant funding, except that a small business may be eligible for
90 percent of those costs, up to a maximum of fifty thousand dollars
($50,000) per grant. In activities funded by a step II grant, the
applicant shall prepare detailed plans and specifications for the
selected facilities, establish schedules for implementation, and
obtain necessary permits.
(c) Step III grants shall be made for the construction of the
facilities. Fifty percent of the costs of constructing the project
shall be eligible for grant funding, except that a small business may
be eligible for 80 percent of those costs, up to a maximum of four
hundred thousand dollars ($400,000) per grant. As a condition of
receiving a step III grant, the grantee shall allow the results of
the project to be evaluated and the information disseminated to other
parties. In activities funded by a step III grant, the applicant
shall construct the facilities as designed under a step II grant,
procure needed equipment, and obtain necessary permits to operate the
(d) Step IV grants shall be made to evaluate the effectiveness of
grant-funded facilities, develop information on compliance with
regulatory permits, and assess applicability of the selected approach
to other generators of similar hazardous wastes. Ninety percent of
the costs of those activities shall be eligible for grant funding,
except that a small business may be eligible for 100 percent of those
costs, up to a maximum of one hundred thousand dollars ($100,000)
The department shall compile the results of all
evaluations of projects funded by step IV grants, as specified in
subdivision (d) of Section 25244.8, or the evaluations of any other
project which are available to the department, and shall make them
available to interested parties as expeditiously as possible. The
department shall notify any interested party of the availability of
The department may issue grants to, and enter into
contracts with, universities, governmental agencies, and private
organizations to research and develop hazardous waste reduction,
recycling, or treatment technology. These grants may be applied to
personnel, equipment, and administrative costs and shall, to the
extent possible, be used to augment other sources of research and
development funding, including federal and private funds. Any grant
issued by the department pursuant to this section is not subject to
Chapter 2 (commencing with Section 10290) of Part 2 of the Public
Contract Code, including, but not limited to, Section 10295 of the
Public Contract Code, but a contract entered into pursuant to this
section is subject to all applicable state laws governing contracts.