Bill Text: CA AB1329 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Hazardous waste.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State - Chapter 598, Statutes of 2013. [AB1329 Detail]

Download: California-2013-AB1329-Amended.html

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BILL NUMBER: AB 1329	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 22, 2013

   An act  to amend Sections 25135.9, 25161, 25162, 25178, 25186,
25200, and 25200.5 of, and to add Sections 25117.3, 25122.10,
25135.10, 25135.11, and 25150.9 to, the Health and Safety Code, 
  relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1329, as amended, V. Manuel Pérez. Hazardous waste:
environmental justice. 
   Existing 
    (1)     Existing  law requires the
California Environmental Protection Agency to develop a strategy for
identifying and addressing any gaps in existing programs, policies,
or activities that may impede the achievement of environmental
justice, as defined, and requires each board, department, and office
within the agency to review its programs, policies, and activities
and identify and address any gaps in its existing programs, policies,
or activities that may impede the achievement of environmental
justice.  Existing  
   Existing law requires the Department of Toxic Substances Control
to prepare and adopt a state hazardous waste management plan by
November 30, 1991, and to revise the plan at least once every 3
years. The state plan is required to be prepared in conjunction with,
and take into account, certain local hazardous waste management
plans.  
   This bill would instead require the department to prepare and
adopt, by January 1, 2016, a state hazardous waste management plan to
address the matter of environmental justice in the management of
hazardous waste and to serve as a comprehensive and enforceable
planning document for the state. The bill would specify the elements
required to be included in the plan and would require the plan to be
reviewed and revised, as specified. The bill would require the
Director of Toxic Substances Control to approve the plan and to
submit the plan to specified committees of the Legislature. 

   The bill would require the department to adopt regulations to
ensure that minority populations and low-income populations are not
disproportionately impacted by the adverse human health, social,
economic, and environmental effects of the hazardous waste managed
pursuant to the hazardous waste control law. Since a violation of the
regulations adopted pursuant to the hazardous waste control law is a
crime, the bill would impose a state-mandated local program. The
bill would allow a person to commence a civil action on that persons'
s own behalf against a person who is alleged to be in violation of
those regulations or alleging a failure by the department to perform
an act or duty pursuant to specified provisions. 
    (2)     Existing  law prohibits a
person from accepting, treating, storing, or disposing of hazardous
waste unless the person holds a hazardous waste facilities permit or
authorization, or is operating under a permit-by-rule or a grant of
conditional authorization or conditional exemption.  The
department is required to issue a hazardous waste facilities permit
to a facility that, in the judgment of the department, meets
specified requirements. The permit is required to be issued for a
fixed term and existing law specifies a procedure for the extension
of that term. Existing law provides for the enforcement of the
hazardous waste control law, including authorizing the department to
issue a corrective action order or denying, suspending, or revoking a
permit applied for   or issu   ed, if the
applicant or permitholder has taken specified actions. 
   This bill would  declare the intent of the Legislature to
enact subsequent legislation to require the Department of Toxic
Substances Control to develop a long-term plan to identify inequities
in the siting of hazardous waste disposal facilities and provide for
enforceable strategies to eliminate those inequities.  
prohibit the department from issuing a hazardous waste facilities
permit to the operator of a hazardous waste facility if the
department finds the facility has not complied with a corrective
action order, until the date when the director approves the state
hazardous waste management plan specified above and submits the plan,
as specified. 
    The bill would authorize, instead of require, the department
to issue a hazardous waste facility permit that meets those
requirements and would additionally require the facility to comply
with the regulations specified above that the bill would require the
department to adopt. 
    The bill would define the term "significant noncomplying
operation" and would prohibit the   department from issuing
a hazardous waste facilities permit to a significant noncomplying
operation. The bill would prohibit the owner or operator of a
significant noncomplying operation from utilizing the existing
procedure for the extension of the term of a permit and would
authorize the department to revoke a permit, registration, or
certificate if the permitholder or applicant engages in activities
resulting in the applicant or permitholder meeting the conditions of
a significant noncomplying operator. 
    (3)     Existing law authorizes the
department to grant interim status for the operator of certain
hazardous waste facilities and prohibits the department from issuing
interim status to a person meeting certain conditions. 
    The bill would additionally prohibit the department from
granting interim status to a person who has 3 or more class I
violations or a pending order for corrective action, other order or
enforcement action, or settlement and would require the department to
revoke the interim status of a person operating a hazardous waste
facility if the facility meets those conditions specified above, has
3 or more class I violations, or a pending order for corrective
action, other order or enforcement action, or settlement.  
   (4) Existing law requires the department to post certain
information on or before January 1 of each odd-numbered year on its
Internet Web site.  
   This bill would revise the information required to be posted and
would require the information to be searchable and translated into
Spanish. 
    (5)     Existing law prohibits a person
from transporting hazardous waste, as specified if the final
destination of the transported hazardous waste is in a state other
than this state or in a territory of the United States, unless the
facility is issued a permit pursuant to the federal Resource
Conservation and Recovery Act of 1976 or the facility is authorized
by the state to accept that   waste. Existing law requires
the department to develop a specified database regarding hazardous
waste shipped in and out of state. 
    This bill would additionally prohibit a person from taking
that   action if the final destination of the transported
hazardous waste is in Indian country, as defined, unless those
conditions apply to the facility. The bill would revise the
information required to be included in the department's database with
regard to hazardous waste shipped in and out of Indian country.
 
   (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Legislature finds and declares all of
the following:  
   (a) All hazardous waste landfill facilities and the majority of
other types of hazardous waste facilities in the state are located in
or near low-income Latino communities. The siting and operation of
the state's hazardous waste facilities near low-income Latino
communities disparately and adversely affects those communities, in
violation of both Section 11135 of the Government Code and Title VI
of the Civil Rights Act (42 U.S.C. Sec. 2000d and following). 

   (b) Under Section 11135 of the Government Code and Title VI of the
Civil Rights Act, the Department of Toxic Substances Control has a
responsibility to prevent racial discrimination in the siting and
operation of hazardous waste disposal facilities.  
   (c) California needs a statewide hazardous waste disposal and
management plan to promote environmental justice, thereby protecting
the civil rights of minority residents in the communities targeted
for hazardous waste disposal facilities and other types of hazardous
waste management facilities.  
   (d) It is, therefore, the intent of the Legislature to establish a
moratorium on the issuance of permits to operators of hazardous
waste facilities that have failed to comply with a corrective action
order issued by the department until the department has developed a
plan to reduce the prevalence of hazardous waste facilities in
low-income communities. 
   SEC. 2.    Section 25117.3 is added to the  
Health and Safety Code   , to read:  
   25117.3.  "Indian country" has the same meaning as defined in
Section 1151 of Title 18 of the United States Code. 
   SEC. 3.    Section 25122.10 is added to the 
 Health and Safety Code   , to read:  
   25122.10.  "Significant noncomplying operation" means a facility,
an owner, or an operator that meets either of the following
conditions:
   (a) The facility, owner, or operator has been issued three
separate class I violations by the department.
   (b) The department finds that the facility, owner, or operator is
in substantial deviation from the terms of a permit, order, including
an order for corrective action, settlement document, corrective
action, or other enforcement action issued pursuant to this chapter,
because the facility, owner, or operator has failed to meet the
requirements of the permit, order, settlement document, corrective
action, or other enforcement action in a timely manner, or because
the facility, owner, or operator has otherwise failed to undertake
those actions specified by the department in the permit, order,
settlement document, corrective action, or other enforcement action.

   SEC. 4.    Section 25135.9 of the   Health
and Safety Code   is amended to read: 
   25135.9.  (a)  The   For purposes of this
section, the following definitions shall apply: 
    (1)    "Environmental justice" means the
fair treatment of people of all races, cultures, and incomes with
respect to the development, adoption, implementation, and enforcement
of environmental laws, regulations, and policies.  
   (2) "Hazardous waste landfill facility" means a hazardous waste
facility that disposes of hazardous waste to land, as specified in
Section 25174.1. 
    (b)     The  department shall,
pursuant to this section and  in accordance with the requirements
of  subdivision  (c)   (d)  of
Section 25170, prepare and adopt a  state hazardous waste
management plan. The state hazardous waste management plan shall
serve as a comprehensive planning document for the state and shall be
prepared as a useful informational source for the public, local
government, and regional councils of government. The state hazardous
waste management plan shall be prepared in conjunction with, and
shall take into account, hazardous waste management plans adopted by
counties and regional councils of governments  
hazardous waste management plan that would address matters of
environmental justice in the management of the state's hazardous
waste. The state's hazardous waste management plan adopted pursuant
to this section shall serve as a comprehensive and enforceable
planning document for the state to ensure   that minority
populations and low-income populations are not disproportionately
impacted by the adverse human health, social, economic, and
environmental effects of hazardous waste management, including
disposal  . 
   (b) 
    (c)  The state hazardous waste management plan shall be
prepared and adopted by the department on or before  November
30, 1991   January 1, 2016  , shall be reviewed
annually, and shall be revised to reflect new information at least
once every three years. 
   (c) 
    (   d)  In preparing and adopting the state
hazardous waste management plan, and in revising the plan thereafter,
the department shall do all of the following:
   (1) Publish the draft plan or the revised plan  in English and
Spanish  and make it available to the public for review and
comment at least three months before final adoption.
   (2)  Conduct workshops and at least  two  
six  public hearings on the plan or the draft revised plan, one
in the southern part of the state  , one in the central part of
the state,   and  one in the northern part of
the state,  and one in each community that hosts a hazardous
waste landfill facility,  to solicit the views of the public,
local government, regional councils of governments, and interested
parties.
   (3)  Include in the final state hazardous waste management plan
and in revisions of the plan, a summary of the comments received and
the department's responses to those comments. 
   (d) 
    (   e)  The state hazardous waste management
plan, and each revision of the plan, shall include, but need not be
limited to, all of the following elements:
   (1)  An analysis of the hazardous waste streams produced in the
state, an accounting of the volumes of hazardous waste produced in
each county and region of the state, by type of waste, and estimates
of the expected rates of hazardous waste production, by type of
waste, during the next five years.
   (2)  An inventory of existing and planned hazardous waste
facilities  which   that  handle, treat,
recycle, dispose, or otherwise manage hazardous wastes produced in
the state  . The inventory shall include a description of the
facilities, a   , which shall include all of the
following:  
   (A) The racial and socioeconomic composition of populations within
one-half-mile, one-mile, and five-mile radii around each existing or
planned hazardous waste facility.  
   (B) A description of each facility and a full and complete summary
of the facilities' compliance history, including, but not limited
to, the enforcement actions taken by the department or any other
state department or board that is within the California Environmental
Protection Agency, and the penalties imposed pursuant to those
enforcement actions. 
    (C)    A  determination of the
capacity of each existing or planned  hazardous waste
facility to handle, treat, recycle, dispose, or otherwise manage the
waste streams it is authorized to handle, treat, recycle, dispose, or
otherwise manage  , and a   . 
    (D)     A    description of
the current progress and status of each planned  hazardous waste
 facility in achieving operational status, including a timetable
for becoming operational.
   (3)  An assessment of the need for additional hazardous waste
facilities to manage the volumes of hazardous waste currently
produced or which are expected to be produced during the next 20
years.
   (4)  An identification of the areas or regions of the state where
new or expanded capacity to manage hazardous wastes are needed and
the types of facilities that should be sited and constructed.
   (5)  A description of the  enforceable  policies,
programs, incentives, requirements, prohibitions, or other measures
 which, if implemented, would reduce or eliminate the need
for new or expanded facilities   necessary to eliminate
the disproportionate impact of hazardous waste management, including
disposal, on low-income and minority populations, including specific
measures to reduce by 25 percent the amount of hazardous waste
generated by 2020, using the year 2010 as a baseline  .
   (6)  A statement of goals, objectives, and policies currently in
effect, or in the process of development,  for  
that address environmental justice in  the siting  and
operation  of hazardous waste facilities and the management of
hazardous wastes during the next five years.
   (7)  A schedule of  recommended   enforceable
 actions, including specific dates, for carrying out state,
regional, and local actions to implement the state hazardous waste
management plan. 
   (f) The director shall approve a hazardous waste management plan
prepared in accordance with this section and shall submit the
approved plan to the Assembly Committee on Environmental Safety and
Toxic Materials and the Assembly Committee on Budget. 
   SEC. 5.    Section 25135.10 is added to the 
 Health and Safety Code   , to read:  
   25135.10.  (a) Notwithstanding Article 9 (commencing with Section
25200), the department shall not issue a hazardous waste facilities
permit to the operator of a hazardous waste facility if the
department finds the facility has not complied with an order issued
pursuant to Section 25187.
   (b) Subdivision (a) shall become inoperative on or after the date
the director approves the state hazardous waste management plan
pursuant to subdivision (f) of Section 25135.9 and the director
submits the plan in accordance with that subdivision. 
   SEC. 6.    Section 25135.11 is added to the 
 Health and Safety Code   , to read:  
   25135.11.  (a) (1) A person may commence a civil action on that
person's own behalf against a person who is alleged to be in
violation of the regulations adopted pursuant to Section 25150.9.
   (2) A person may commence a civil action on that person's own
behalf alleging a failure by the department to perform an act or duty
required under Section 25135.9, 25135.10, 25150.9, or 25200 and that
is not otherwise a discretionary act or duty.
   (b) The superior court shall have jurisdiction to enforce a
regulation specified in paragraph (1) of subdivision (a), or to order
the department to perform an act or duty specified in paragraph (2)
of subdivision (a), and to apply any appropriate civil penalties.
   (c) In an action brought pursuant to paragraph (2) of subdivision
(a), the inquiry shall extend to the question of whether the
department has proceeded without, or in excess of, its jurisdiction,
and whether there was any prejudicial abuse of discretion. The court
shall find that an abuse of discretion has been established if the
department has not proceeded in the manner required by law, if the
act or duty is not supported by the department's findings, or if the
department's findings are not supported by the evidence. If it is
claimed that the findings are not supported by the evidence, the
court shall find that an abuse of discretion is established if the
court determines that the findings are not supported by the weight of
the evidence. 
   SEC. 7.    Section 25150.9 is added to the  
Health and Safety Code   , to read:  
   25150.9.   Upon the approval of the state hazardous waste
management plan pursuant to subdivision (f) of Section 25135.9, the
department shall adopt regulations to implement the plan to ensure
that minority populations and low-income populations are not
disproportionately impacted by the adverse health, social, economic,
and environmental effects of the hazardous waste managed pursuant to
this chapter. 
   SEC. 8.    Section 25161 of the   Health and
Safety Code   is amended to read: 
   25161.  (a) The department may adopt and enforce those
regulations, regarding a uniform program for hazardous waste
transportation, that are necessary and appropriate to achieve
consistency with the findings made by the Federal Highway
Administration and the federal Department of Transportation pursuant
to Chapter 51 (commencing with Section 5101) of Title 49 of the
United States Code.
   (b) The department shall adopt and enforce all rules and
regulations that are necessary and appropriate to accomplish the
purposes of Section 25160.
   (c) The department shall develop a  data base 
 database  that tracks all hazardous waste shipped in and
out of state for handling, treatment, storage, disposal, or any
combination thereof, which includes all of the following information:

   (1) The state  , Indian country,  or country receiving
the waste.
   (2) Month and year of shipment.
   (3) Type of hazardous waste shipped.
   (4) The manner in which the hazardous waste was handled at its
final destination, such as incineration, treatment, recycling, land
disposal, or a combination thereof.
   (d) The department shall include in the biennial report specified
in Section 25178 all of the following information:
   (1) The total volume in tons of hazardous waste generated in the
state and shipped offsite for handling, treatment, storage, disposal,
or any combination thereof.
   (2) The total volume in tons of hazardous waste generated in the
state and shipped in and out of the state for handling, treatment,
storage, disposal, or any combination thereof, including all of the
following information:
   (A) The state  , Indian country,  or country receiving
the hazardous waste.
   (B) Month and year of shipment.
   (C) Type of hazardous waste shipped.
   (D) The manner in which the hazardous waste was handled at its
final destination, such as incineration, treatment, recycling, land
disposal, or a combination thereof.
   SEC. 9.    Section 25162 of the   Health and
Safety Code   is amended to read: 
   25162.  (a)  No  A  person shall 
not  transport  any  hazardous waste on the
highways of this state, or deliver to a railroad or vessel 
any  hazardous waste for transport ,  if
the final destination of the transported hazardous waste is a
facility in  Indian country, in  a state other than this
state  ,  or in a territory of the United States, unless one
of the following applies:
   (1) The facility has been issued a permit pursuant to subsection
(c) or (g), or has been granted authority to operate pursuant to
subsection (e)  ,  of Section 3005 of the federal
act (42 U.S.C. Sec. 6925) by either of the following:
   (A) The  United States Environmental Protection Agency.
   (B) The state in which the facility is located, if the state has
authorization to operate a hazardous waste program pursuant to
Section 3006 of the federal act (42 U.S.C. Sec. 6926).
   (2) The facility is authorized by the state  or location 
in which it is located, pursuant to the applicable laws or
regulations of that state  or location  , to accept the
transported hazardous waste for transfer, handling, recycling,
storage, treatment, or disposal.
   (b)  No   A  person shall  not 
transport  any  hazardous waste on the highways of
this state, or deliver to a railroad or vessel  any
hazardous waste for transport, if the final destination of the
transported hazardous waste is a facility  which 
 that  is located on a site  which  
that has been listed on the National Priorities List established
pursuant to  subparagraph (B) of paragraph (8) of 
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
 9605 (8)(B))   9605(a)(8)(B))  .
   (c)  Any   A    person who
knowingly transports or causes the transportation of, or who
reasonably should have known that the person was causing the
transportation of,  any  hazardous waste in
violation of subdivision (a) or (b) shall, upon conviction, be
subject to the penalties specified in subdivision (a) of Section
25191.
   (d)  Any   A  person who knowingly
delivers, or arranges the delivery of,  any 
hazardous waste to another person for transport in violation of
subdivision (a) or (b) shall, upon conviction, be subject to the
penalties specified in subdivision (a) of Section 25191.
   (e)  No   A  person shall  not 
transport  any  hazardous waste  which
  that  is subject to the requirements of Section
3017 of the federal act (42 U.S.C. Sec. 6938) on the highways of this
state or deliver to a railroad or vessel any of this hazardous waste
for transport, if the final destination of the transported hazardous
waste is a foreign country, unless the shipment is in compliance
with the applicable regulations adopted pursuant to Section 25150.2
and either of the following conditions is met:
   (1) A copy of the foreign country's written consent to receive the
hazardous waste, or a copy of the EPA Acknowledgement of Consent, as
defined in Section 262. 51 of Title 40 of the Code of Federal
Regulations, is attached to the manifest required by this article.
   (2) The hazardous waste shipment is in compliance with the terms
of an international agreement between the United States and the
receiving foreign country, as provided in subsection (f) of Section
3017 of the federal act (42 U.S.C. Sec. 6938 (f)).
   (f)  Any   A  person who knowingly
violates, or who reasonably should have known that the person was
violating, subdivision (e) shall, upon conviction, be subject to the
penalties specified in subdivision (a) of Section 25191.
   SEC. 10.    Section 25178 of the   Health
and Safety Code   is amended to read: 
   25178.  On or before January 1 of each odd-numbered year, the
department shall post on its  Internet  Web site  and
translate into Spani   sh  , at a minimum, all of the
following:
   (a) The status of the regulatory and program developments required
pursuant to legislative mandates.
   (b)  (1)    The status of the
hazardous waste facilities permit program  ,  that shall
include all of the following information: 
   (A) 
    (   1)  A description of the final hazardous
waste facilities permit applications received. 
   (B) The number 
    (2)     A searchable list  of final
hazardous waste facilities permits issued to date. 
   (C) The number 
    (3)     A searchable list  of final
hazardous waste facilities permits yet to be issued. 
   (D) 
    (4)  A complete description of the reasons why the final
hazardous waste facilities permits yet to be issued have not been
issued. 
   (2) For purposes of paragraph (1), "hazardous waste facility"
means a facility that uses a land disposal method, as defined in
subdivision (d) of Section 25179.2, and that disposes of wastes
regulated as hazardous waste pursuant to the federal act. 
   (c) The status of the hazardous waste facilities siting program.
   (d) The status of the hazardous waste abandoned sites program.
   (e) A  summary   searchable list  of
enforcement actions taken by the department pursuant to this chapter
and  any  other  enforcement  actions
relating to hazardous waste management.  The list shall specify
whether t   he violations have been corrected and shall
include Internet Web links to inspection reports, draft orders, final
orders, and enforcement actions taken by other agencies.  
   (f) A searchable list of significant noncomplying operations.
 
   (f) 
    (   g)  Summary data on annual quantities and
types of hazardous waste generated, transported, treated, stored, and
disposed. 
   (g) 
    (   h)  Summary data regarding  the 
onsite and offsite disposition of hazardous waste. 
   (h) 
    (i)  Research activity initiated by the department.

   (i) 
    (j)  Regulatory action by other agencies relating to
hazardous waste management. 
   (j) 
    (k)  A revised listing of recyclable materials showing
any additions or deletions to the list prepared pursuant to Section
25175 that have occurred since the last report. 
   (k) 
    (l)  Any other data considered pertinent by the
department to hazardous waste management. 
   (  l  )
    (m)  The information specified in subdivision (c) of
Section 25161, paragraph (4) of subdivision  (a) 
 (b)  of Section 25197.1, subdivision (c) of Section 25354,
and  Sections   Section  25334.7  ,
and 25356.5 . 
   (m) 
    (n)  A status report on the cleanup of the McColl
Hazardous Waste Disposal Site in Orange County.
   SEC. 11.    Section 25186 of the   Health
and Safety Code   is amended to read: 
   25186.   (a)    The department may deny,
suspend, or revoke  any   a  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   if  the
applicant or holder of the permit, registration, or certificate, or
in the case of a business concern,  any   a
 trustee, officer, director, partner, or  any 
 a  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  A  
   violation of, or noncompliance with,  this
chapter, Chapter   any of the following, if the
violation or noncompliance shows a repeating or recurring pattern or
may pose a threat to public health or safety or the environment:

    (A)     This chapter. 
    (B)     Chapter  6.7 (commencing with
Section  25280), Chapter   25280). 
    (C)     Chapter  6.8 (commencing with
Section  25300), the   25300). 
    (D)     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 
 Code)  . 
   (E) The federal act. 
    (F)     The  Hazardous Materials
Transportation Act  , as amended  (49 U.S.C. Sec. 
1801   5101  et  seq.), the  
seq.)  .
    (G)    The  Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et  seq.), the   seq.)  .
    (H)     The    Toxic
Substances Control Act (15 U.S.C. Sec. 2601 et  seq.) or any
  seq.)  .
    (I)     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   a  violation of, or noncompliance
with,  this chapter, Chapter   any of the
following, if the violation or noncompliance shows a repeating or
recurring pattern or may pose a threat to public health or safety or
the environment: 
    (A)     This   chapter. 
    (B)     Chapter  6.7 (commencing with
Section  25280); Chapter   25280). 
    (C)     Chapter  6.8 (commencing with
Section  25300), the   25300). 
    (D)     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   Code).
 
   (E) The federal act. 
    (F)     The  Hazardous Materials
Transportation Act  , as amended  (49 U.S.C. Sec. 
1801   5101  et  seq.), the  
seq.). 
    (G)     The    Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42
U.S.C. Sec. 9601 et  seq.), the   seq.). 
    (H)     The  Toxic Substances Control
Act (15 U.S.C. Sec. 2601 et  seq.), or any  
seq.)   . 
    (I)     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   A 
violation of, or noncompliance with,  any   an
 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   A 
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)  Activities resulting in  any  
a  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 the purposes of this subdivision, "conviction" means
a plea or verdict of guilty
    or a conviction following a plea of nolo contendere. Any action
 which   that the department may take
pursuant to this subdivision relating to the denial, suspension or
revocation of a permit, registration, or certificate may be based
upon a conviction for which any of the following has occurred:

   (1) 
    (A)  The time for appeal has elapsed. 
   (2) 
    (   B)  The judgment of conviction has been
affirmed on appeal. 
   (3) 
    (C)  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   a  trustee, officer, director,
partner, or  any   a  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. 
   (7) Activities resulting in the applicant or permitholder meeting
the definition of a significant noncomplying operation.  
   (b) The department shall revoke the interim status of a person
operating a hazardous waste facility pursuant to Section 25200.5 if
the facility is subject to any of the following actions:  
   (1) Denial of a hazardous waste facilities permit.  
   (2) Suspension, revocation, or termination of a hazardous waste
facilities permit.  
   (3) Termination of a grant of interim status.  
   (4) Three or more notices of a class I violation.  
   (5) A pending corrective action order, or other order or
enforcement action, or a settlement. 
   SEC. 12.    Section 25200 of the   Health
and Safety Code   is amended to read: 
   25200.  (a)  (1)    The department 
shall   may  issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility that in the judgment of the department meet
 the   all of the following requirements: 
    (A)     Meet the  building standards
published in the  State   California 
Building Standards Code relating to hazardous waste 
facilities and   facilities. 
    (B)     Comply with the regulations adopted
pursuant to Section 25150.9. 
    (C)     Comply with  the other
standards and requirements adopted pursuant to this chapter. 
The 
    (2)     The  department shall impose
conditions on each hazardous waste facilities permit specifying the
types of hazardous wastes that may be accepted for transfer, storage,
treatment, or disposal. The department may impose any other 
conditions   condition  on a hazardous waste
facilities permit that  are   is 
consistent with the intent of this chapter. 
    (3) The department shall not issue a hazardous waste facilities
permit to a significant noncomplying operation. 
   (b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility that receives hazardous waste from more than
one producer comply with  any   an  order
of the director that prohibits the facility operator from refusing to
accept a hazardous waste based on geographical origin that is
authorized to be accepted and may be accepted by the facility without
extraordinary hazard.
   (c) (1) (A)  Any   A  hazardous waste
facilities permit issued by the department shall be for a fixed term,
which shall not exceed 10 years for  any   a
 land disposal facility, storage facility, incinerator, or other
treatment facility.
   (B)  Before   Except   as provided
in subparagraph (C),   before  the fixed term of a
permit expires, the owner or operator of a facility intending to
extend the term of the facility's permit shall submit a complete Part
A application for a permit renewal. At any time following the
submittal of the Part A application, the owner or operator of a
facility shall submit a complete Part B application, or any portion
thereof, as well as any other relevant information, as and when
requested by the department. To the extent not inconsistent with the
federal act, when a complete Part A renewal application, and any
other requested information, has been submitted before the end of the
permit's fixed term, the permit is deemed extended until the renewal
application is approved or denied and the owner or operator has
exhausted all applicable rights of appeal. 
   (C) If the owner or operator of the hazardous waste facility is a
significant noncomplying operation, the owner or operator may not
apply to extend the term of the permit pursuant to subparagraph (B).
 
   (C) 
    (D)  This section does not limit or restrict the
department's authority to impose any additional or different
conditions on an extended permit that are necessary to protect human
health and the environment. 
   (D) 
    (E)  In adopting new conditions for an extended permit,
the department shall follow the applicable permit modification
procedures specified in this chapter and the regulations adopted
pursuant to this chapter. 
   (E) 
    (   F)  When prioritizing pending renewal
applications for processing and in determining the need for any new
conditions on an extended permit, the department shall consider any
input received from the public.
   (2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary, to
assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.
   (3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.
   (d) (1) When reviewing  any   an 
application for a permit renewal, the department shall consider
improvements in the state of control and measurement technology as
well as changes in applicable regulations.
   (2) Each permit issued or renewed under this section shall contain
the terms and conditions that the department determines necessary to
protect human health and the environment.
   (e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued. In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
   SEC. 13.    Section 25200.5 of the   Health
and Safety Code  is amended to read: 
   25200.5.  (a) Except as provided in Sections 25200.7 and 25200.9,
 any   a  person who desires to continue
the use or operation of a hazardous waste facility  which
  that  was in existence on November 19, 1980, or
 which   that  was in existence on the
effective date of any statute or regulation  which 
 that  subjected that facility to hazardous waste facilities
permit requirements under this chapter, pending the review and
decision of the department on the permit application, may be granted
interim status by the department if the person has made application
for a permit pursuant to Section 25200, or has made application
pursuant to Section 25201.6, and, if treating a  hazardous 
waste regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
   (b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
   (1) Treat, store, transfer, or dispose of hazardous wastes
 which   that  are not specified in Part A
of the permit application.
   (2) Employ processes not described in Part A of the permit
application.
   (3) Exceed the design capacities specified in Part A of the permit
application.
   (c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to  any
 conditions  which   that  the
department deems necessary to protect public health or the
environment. Interim status shall not be valid beyond the date of the
decision of the department on the permit application.
   (d) The department shall not grant interim status to  any
  a  person to operate a hazardous waste facility
if the facility has been subject to any of the following actions:
   (1) Denial of a hazardous waste facilities permit.
   (2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
   (3) Termination of a grant of interim status. 
   (4) Three or more notices of a class I violation.  
   (5) A pending corrective order, other order or enforcement action,
or a settlement. 
   (e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
   (f)  Any   A  land disposal facility
 , as defined in subdivision (h) of Section 25179.3, which
  that  lost interim status pursuant to paragraph
(2) or (3) of subsection (e) of Section 6925 of Title 42 of the
United States Code is deemed to have lost interim status granted
under this section to operate a facility managing hazardous waste
regulated pursuant to the  Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.)  
federal act  .
   (g) The termination date for interim status for  any
  a  land disposal facility  , as defined
in subdivision (h) of Section 25179.3, which   that
 is in existence on the effective date of  any 
 a  statute or the regulation adopted pursuant to that
statute  which   that  subjects the
facility to hazardous waste facilities permit requirements under this
chapter, and  which   that  is granted
interim status under this section, is the date 12 months after the
date on which the facility first becomes subject to the hazardous
waste facilities permit requirements, unless one of the following
applies:
   (1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.

   (2) The owner or operator of the facility does both of the
following:
   (A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
   (B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
   (h)  The termination date for interim status for  any
  an  incinerator facility  which 
 that  submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
   (1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.

   (2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
   (i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), 
which   that  submitted an application for a
hazardous waste facilities permit before November 8, 1984, is
November 8, 1992, unless one of the following applies:
   (1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
   (2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1988.
   (j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200  , which 
 that  was filed before November 8, 1984, for an offsite
hazardous waste facility subject to subdivision (i), and not subject
to Section 25200.7 or 25200.11. In taking final action pursuant to
this subdivision, the department shall either issue the hazardous
waste facilities permit or make a final denial of the application.
   (k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
   (2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.
   SEC. 14.    The provisions of this act are severable.
If any provision of this act or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application. 
   SEC. 15.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    (a) The Legislature finds and
declares all of the following:
   (1) All hazardous waste disposal facilities in the state are
located in or near low-income communities of color. The siting and
operation of the state's hazardous waste disposal facilities near
only low-income minority communities disparately and adversely
affects those communities.
   (2) California agencies have a responsibility to prevent racial
and socio-economic disparities in the siting of harmful or noxious
facilities. These agencies require tools to identify and address
systemic barriers to achieving more equitable hazardous waste
disposal outcomes.
   (3) A concerted plan to address these disparities is necessary to
protect the civil rights of minority residents in the communities
targeted for hazardous waste disposal and handling facilities.
   (b) It is the intent of the Legislature to enact subsequent
legislation to require the Department of Toxic Substances Control to
develop a long-term plan to identify inequities in the siting of
hazardous waste disposal facilities and provide for enforceable
strategies to eliminate those inequities.