Bill Text: CA AB1075 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Hazardous waste: enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 460, Statutes of 2015. [AB1075 Detail]

Download: California-2015-AB1075-Introduced.html

---

BILL NUMBER: AB 1075	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 27, 2015

   An act to amend Sections 25186 and 25186.2 of, and to add Section
25189.4 to, the Health and Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1075, as introduced, Alejo. Hazardous waste: enforcement.
    (1) The Hazardous Waste Control Law regulates the use and
disposal of hazardous waste and authorizes the Department of Toxic
Substances Control to deny, suspend, or revoke any permit,
registration, or certificate applied for, or issued to, a person or
entity if that person or entity engaged in specified activities in
violation of the Hazardous Waste Control Law or other laws. (PU
RN20142004609 )
   This bill, if a person or entity violates or fails to comply with
specified provisions after that person or entity has been found
liable for, or been convicted of, two or more previous violations of
or noncompliance with those same provisions during a 5-year period,
would require the department to consider, except under specified
circumstances, the violation or noncompliance as compelling cause to
deny, suspend, or revoke a permit, registration, or certificate
applied for by, or issued to, that person.
   (2) Existing law authorizes the department to temporarily suspend
any permit, registration, or certificate prior to a hearing if the
department determines that action is necessary to prevent or mitigate
an imminent and substantial danger to the public health or safety or
the environment.
   This bill would instead authorize the department to temporarily
suspend any permit, registration, or certificate prior to a hearing
if the department determines that conditions may present an imminent
and substantial endangerment to the public health or safety or the
environment.
   (3) Existing law provides for the imposition of civil and criminal
penalties upon persons who violate the requirements of the hazardous
waste control law or take other actions with regard to the handling
of hazardous waste.
   This bill would impose, upon a person who is subject to the
imposition of those civil or criminal penalties, an additional civil
penalty of not less than $5,000 or more than $50,000 for each day of
each violation, if the person has been found liable for, or been
convicted of, 2 or more previous violations of certain of these
hazardous waste-related provisions within any consecutive 60 months.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25186 of the Health and Safety Code is amended
to read:
   25186.   (a)    The department may deny,
suspend, or revoke any permit, registration, or certificate applied
for, or issued, pursuant to this chapter in accordance with the
procedures specified in Sections 25186.1 and 25186.2, where the
applicant or holder of the permit, registration, or certificate, or
in the case of a business concern, any trustee, officer, director,
partner, or any person holding more than 5 percent of the equity in
or debt liability of that business concern, has engaged in any of the
following: 
   (a) 
    (1)  Any violation of, or noncompliance with, this
chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8
(commencing with Section 25300), the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code), the Resource Conservation and Recovery Act of 1976, as
amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials
Transportation Act (49 U.S.C. Sec. 1801 et seq.), the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15
U.S.C. Sec. 2601 et seq.) or any other equivalent federal or state
statute or any requirement or regulation adopted pursuant thereto
relating to the generation, transportation, treatment, storage,
recycling, disposal or handling of a hazardous waste, as defined in
Section 25117, a hazardous substance, as defined in Section 25316, or
a hazardous material, as defined in Section 353 of the Vehicle Code,
if the violation or noncompliance shows a repeating or recurring
pattern or may pose a threat to public health or safety or the
environment. 
   (b) 
    (2)  The aiding, abetting, or permitting of any
violation of, or noncompliance with, this chapter, Chapter 6.7
(commencing with Section 25280), Chapter 6.8 (commencing with Section
25300), the Porter-Cologne Water Quality Act (Division 7 (commencing
with Section 13000) of the Water Code), the Resource Conservation
and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.),
the Hazardous Materials Transportation Act (49 U.S.C. Sec. 1801 et
seq.), the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic
Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other
equivalent federal or state statute or any requirement or regulation
adopted pursuant thereto relating to the generation, transportation,
treatment, storage, recycling, disposal or handling of a hazardous
waste, as defined in Section 25117, a hazardous substance, as defined
in Section 25316, or a hazardous material, as defined in Section 353
of the Vehicle Code, if the violation or noncompliance shows a
repeating or recurring pattern or may pose a threat to public health
or safety or the environment. 
   (c) 
    (3)  Any violation of, or noncompliance with, any order
issued by a state or local agency or by a hearing officer or a court
relating to the generation, transportation, treatment, storage,
recycling, disposal or handling of a hazardous waste, as defined in
Section 25117, a hazardous substance, as defined in Section 25316, or
a hazardous material, as defined in Section 353 of the Vehicle Code.

   (d) 
    (4)  Any misrepresentation or omission of a significant
fact or other required information in the application for the permit,
registration, or certificate, or in information subsequently
reported to the department or to a local officer or agency authorized
to enforce this chapter pursuant to subdivision (a) of Section
25180. 
   (e)
    (5)   (A)    Activities resulting in
any federal or state conviction  which   that
 are significantly related to the fitness of the applicant or
holder of the permit, registration, or certificate to perform the
applicant's duties or activities under the permit, registration, or
certificate.  For 
    (B)     For  the purposes of this
 subdivision   paragraph  , "conviction"
means a plea or verdict of guilty or a conviction following a plea of
nolo contendere.  Any 
    (C)     An  action  which
  that  the department may take pursuant to this
 subdivision   paragraph  relating to the
denial,  suspension   suspension,  or
revocation of a permit, registration, or certificate may be based
upon a conviction for which any of the following has occurred:

   (1) 
    (i)  The time for appeal has elapsed. 
   (2) 
    (ii)  The judgment of conviction has been affirmed on
appeal. 
   (3) 
    (iii)  Any order granting probation is made suspending
the imposition of sentence, notwithstanding a subsequent order
pursuant to Section 1203.4 of the Penal Code permitting that person
to withdraw the person's plea of guilty, and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. 
   (f) 
    (6)  Activities resulting in the revocation or
suspension of  any   a  license, permit,
registration or certificate held by the applicant or holder of the
permit, registration or certificate or, if the applicant or holder of
the permit, registration, or certificate is a business concern, by
any trustee, officer, director, partner, or any person holding more
than 5 percent of the equity in, or debt liability of that business
concern relating to, the generation, transportation, treatment,
storage, recycling, disposal, or handling of a hazardous waste, as
defined in Section 25117, a hazardous substance, as defined in
Section 25316, or a hazardous material, as defined in Section 353 of
the Vehicle Code. 
   (b) (1) For the purposes of this section, the following terms have
the following meanings:  
   (A) "Repeating or recurring pattern of violation or noncompliance"
means a violation of, or noncompliance with a requirement specified
in paragraph (1) or (2) of subdivision (a) by a person or entity that
has previously been found to be liable for, or convicted of, two or
more violations of, or noncompliance with, any of those requirements
within a five-year period. 
   (B) "Violation or noncompliance" means any of the following: 

   (i) A violation or noncompliance that creates a significant threat
of immediate and acute exposure to hazardous waste or hazardous
waste constituents at a facility or offsite from a facility and that
threat makes it reasonably necessary to take action to prevent,
reduce, or mitigate that exposure.  
   (ii) A violation or noncompliance that includes, or results in,
any of the following:  
   (I) Fire, explosion, or uncontrolled chemical reaction.  

   (II) Serious or acute injury or illness.  
   (III) Violation of any order issued by the department to the
applicant or holder of the permit.  
   (IV) Federal or state felony conviction for violations of this
chapter or its equivalent in the federal act or any requirement or
regulation adopted pursuant to that authority relating to the
generation, transportation, treatment, storage, recycling, disposal,
or handling of hazardous waste, as described in paragraph (6) of
subdivision (a).  
   (2) Except as provided in paragraph (3), the department shall
consider a repeating or recurring pattern of violation or
noncompliance as compelling cause to deny, suspend, or revoke the
permit, registration, or certificate.  
   (3) This subdivision does not apply to a third violation or
noncompliance if the department finds that extraordinary
circumstances exist, including that a denial, suspension, or
revocation would endanger the public health or safety or the
environment.  
   (4) This subdivision does not limit or modify the department's
authority to deny, suspend, or revoke any permit, registration, or
certificate pursuant to subdivision (a) or any other law. 
  SEC. 2.  Section 25186.2 of the Health and Safety Code is amended
to read:
   25186.2.  The department may temporarily suspend any permit,
registration or certificate issued pursuant to this chapter prior to
any hearing if the department determines that  the action is
necessary to prevent or mitigate   conditions may
present  an imminent and substantial  danger 
 endangerment  to the public health or safety or the
environment.  In making this   determination, the
department may rely on any information, including, but not limited
to, an actual, threatened, or potential harm to the public health or
safety, or the environment, a release or threat of a release, or a
human health or ecological risk assessment.  The department
shall notify the holder of the permit, registration, or certificate
of the temporary suspension and the effective date thereof and at the
same time shall serve the person with an accusation. Upon receipt by
the department of a notice of defense to the accusation from the
holder of the permit, registration, or certificate, the department
shall, within 15 days, set the matter for a hearing, which shall be
held as soon as possible, but not later than 30 days after receipt of
the notice.  The hearing shall be held without delay and
completed as soon as possible.  The temporary suspension shall
remain in effect until the hearing is completed and the department
has made a final determination on the merits, which shall be made
within 60 days after the completion of the hearing. If the
determination is not transmitted within this period, the temporary
suspension shall be of no further effect.
  SEC. 3.  Section 25189.4 is added to the Health and Safety Code, to
read:
   25189.4.  (a) In addition to any penalty imposed under any other
law, a person who is subject to the imposition of civil or criminal
penalties pursuant to the provisions specified in subdivision (b)
shall also be subject to an additional civil penalty of not less than
five thousand dollars ($5,000) or more than fifty thousand dollars
($50,000) for each day of each violation, if the person has been
found liable for, or has been convicted of, two or more previous
violations subject to the penalties specified in subdivision (b) and
those violations or convictions occurred within any consecutive 60
months.
   (b) The additional liability specified in subdivision (a) shall
apply to a penalty imposed pursuant to, or a conviction under,
paragraph (2) of subdivision (g) of Section 25187.8, or Section
25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.