Bye-Bye Manifest
California hazardous waste disposal documentation laws have been simplified. Now disposal of waste antifreeze, oil/water separator sludge (500 gallon per 30-day period) and parts cleaning solvent (both petroleum-based and water-based) do not require the completion of a manifest. The manifest is a six-page, multi-colored State of California document that needed to be completed for disposal of any hazardous waste unless exempted.
SCAQMD Rules Limiting Use of Cleaner Aerosols
On October 8, 1999, SCAQMD amended its Rule 1171 to limit aerosols used for cleaning purposes in the shop area to 160 oz.(about 10-11 cans) per day per facility regardless of the facility size. SCAQMD considers cleaners subject to the 160 oz. limit to be any aerosol with more than 50 g/L of volatile organic compounds (VOC’s). By definition, aerosols with less than 50 g/l of VOC are exempt from all provisions of the rule and do not trigger the 160oz. per day limit. And so are 100% acetone based cleaners as acetone is a compliant chemical not subject to VOC requirements.
Civil & Criminal Penalties Increased for OSHA Violations
On October 5, 1999, Governor Davis signed into law a bill which increases the civil and criminal penalties for willful, serious and repeat violations of occupational safety and health (Cal-OSHA) standards. The law goes into effect on January 1, 2000, which gives the district attorneys more flexibility to prosecute as either a misdemeanor or a felony, willful violations of safety standards which result in a death or permanent/prolonged impairment.
Wastewater Disposal
A number of auto dealers in Orange County, California are involved in a lawsuit over improper disposal of wastewater to storm drains. A company that previously was involved in cleaning the shop floors at some of these dealerships has filed the lawsuit. While the legal theories being used in the lawsuit are complex, the objective of this article is to reinforce proper wastewater disposal procedures for the dealerships.
A few weeks ago auto dealers in Orange County received a summons from Superior Court regarding improper wastewater disposal of wash water from pressure washing and steam cleaning to storm drains. This newsletter summarizes the issues involved and the steps the dealers must take to ensure environmental compliance. The legal remedy to the summons, though, is best handled by contacting the dealership’s insurance carrier. Typically, the insurance carrier will appoint counsel to represent the dealership. To ensure continued environmental compliance, the dealership must ensure proper disposal of wastewater from the shop area.
Cal/OSHA’s ergonomic standard has been adopted amid much controversy. The California Occupational Safety and Health Standards Board adopted on April 17 a simplified regulation to protect employees from repetitive motion injuries (RMIs). Section 5110 of Title 8 of the Californian Code of Regulations (General Industry Safety Orders) requires employers to institute a program designed to minimize RMIs whenever two or more employees doing substantially the same repetitive activity suffer a musculoskeletal injury that a licensed physician attributes to a repetitive motion task performed on the job. This standard is not retroactive and the RMIs must be reported to the employer in the last 12 months.
VOC Reclaim Program Discontinued
In late 1995, dealerships in the South Coast Air Quality Management District (SCAQMD) with a bodyshop received a VOC RECLAIM package from the SCAQMD. The package was sent to all facilities that had VOC discharges in excess of 4 tons/year in 1990 or any subsequent year.
The VOC RECLAIM program required the dealership to reduce the amount of VOC emitted to the atmosphere in a phased manner beginning in 1997.
Hazardous Waste Management — Cost Analysis
The California Attorney General’s Office has sent several automobile dealers notices regarding deceptive advertising practices being used for hazardous waste disposal charges. The Attorney General’s office is specifically concerned with advertisements (i.e. coupons) that list a price for a service with a notation “Plus Hazardous Waste Disposal.”
Celly Services Inc. 