Bill Text: CA AB1329 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 1329 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
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.
(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 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 person'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 issued, if
the applicant or permitholder has taken specified actions.
This bill would prohibit the department from issuing a hazardous
waste facilities permit to the operator of a hazardous waste
landfill facility or the operator of a hazardous waste facility
if that 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
been classified as a significant noncomplying operation .
(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, a domestic
facility outside the jurisdiction of the state unless those
conditions apply to the facility , including whether
the facility is subject to a cooperative agreement, as specified
. 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 the state's
jurisdiction .
(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: yes.
State-mandated local program: 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 landfill facilities or 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. SEC. 2. 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 within a five-year
period .
(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. SEC. 3. Section 25135.9 of
the Health and Safety Code is amended to read:
25135.9. (a) 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 (d) of Section 25170,
prepare and adopt a 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.
(c) The state hazardous waste management plan shall be prepared
and adopted by the department on or before January 1, 2016, shall be
reviewed annually, and shall be revised to reflect new information at
least once every three years.
(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 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, 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.
(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 that handle, treat, recycle, dispose, or otherwise manage
hazardous wastes produced in the state, 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.
(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 necessary
to eliminate the disproportionate impact of hazardous waste
management, including disposal, on low-income and minority
populations, including which may include
specific measures to reduce by 25 percent
the amount of hazardous waste generated by 2020, using the
year 2010 as a baseline within the state .
(6) A statement of goals, objectives, and policies currently in
effect, or in the process of development, 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 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. SEC. 4. 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 landfill facility or
the operator of a hazardous waste facility if
that 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. SEC. 5. 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. SEC. 6. 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. SEC. 7. 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 database that tracks all
hazardous waste shipped in and out of state
the state's jurisdiction for handling, treatment, storage,
disposal, or any combination thereof, which includes all of the
following information:
(1) The state, Indian country, or country
jurisdiction 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
jurisdiction 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. SEC. 8. Section 25162 of the
Health and Safety Code is amended to read:
25162. (a) A person shall not transport hazardous waste on the
highways of this state, or deliver to a railroad or vessel hazardous
waste for transport if the final destination of the transported
hazardous waste is a domestic facility in Indian
country, in a state other than this state, or in a territory of the
United States outside the jurisdiction of the state
, 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.
(3) The facility is subject to a cooperative agreement executed
pursuant to Section 25198.3.
(b) A person shall not transport hazardous waste on the highways
of this state, or deliver to a railroad or vessel hazardous waste for
transport, if the final destination of the transported hazardous
waste is a facility that is located on a site that has been listed on
the National Priorities List established pursuant to Section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended (42 U.S.C. Sec. 9605(a)(8)(B)).
(c) A person who knowingly transports or causes the transportation
of, or who reasonably should have known that the person was causing
the transportation of, 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) A person who knowingly delivers, or arranges the delivery of,
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) A person shall not transport hazardous waste 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) 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. SEC. 9. 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
Spanish, at a minimum, all of the following:
(a) The status of the regulatory and program developments required
pursuant to legislative mandates.
(b) The status of the hazardous waste facilities permit program,
that shall include all of the following information:
(1) A description of the final hazardous waste facilities permit
applications received.
(2) A searchable list of final hazardous waste facilities permits
issued to date.
(3) A searchable list of final hazardous waste facilities permits
yet to be issued.
(4) A complete description of the reasons why the final hazardous
waste facilities permits yet to be issued have not been issued.
(c) The status of the hazardous waste facilities siting program.
(d) The status of the hazardous waste abandoned sites program.
(e) A searchable list of enforcement actions taken by the
department pursuant to this chapter and other enforcement actions
relating to hazardous waste management. The list shall specify
whether the 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.
(g) Summary data on annual quantities and types of hazardous waste
generated, transported, treated, stored, and disposed.
(h) Summary data regarding the onsite and offsite disposition of
hazardous waste.
(i) Research activity initiated by the department.
(j) Regulatory action by other agencies relating to hazardous
waste management.
(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.
(l) Any other data considered pertinent by the department to
hazardous waste management.
(m) The information specified in subdivision (c) of Section 25161,
paragraph (4) of subdivision (b) of Section 25197.1, subdivision (c)
of Section 25354, and Section 25334.7.
25334.7.
(n) A status report on the cleanup of the McColl Hazardous Waste
Disposal Site in Orange County.
SEC. 11. SEC. 10. Section 25186 of
the Health and Safety Code is amended to read:
25186. (a) The department
may deny, suspend, or revoke 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, if the
applicant or holder of the permit, registration, or certificate, or
in the case of a business concern, a trustee, officer, director,
partner, or 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:
(1)
(a) A violation of, or noncompliance with, 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)
(1) This chapter.
(B)
(2) Chapter 6.7 (commencing with Section 25280).
(C)
(3) Chapter6.8 Chapter 6.8
(commencing with Section 25300).
(D)
(4) The Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code).
(E)
(5) The federal act.
(F)
(6) The Hazardous Materials Transportation Act, as
amended (49 U.S.C. Sec. 5101 et seq.).
(G)
(7) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).
(H)
(8) The Toxic Substances Control Act (15 U.S.C. Sec.
2601 et seq.).
(I)
(9) 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. Code.
(2)
(b) The aiding, abetting, or permitting of a violation
of, or noncompliance with, 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)
(1) This chapter.
(B)
(2) Chapter 6.7 (commencing with Section 25280).
(C)
(3) Chapter 6.8 (commencing with Section 25300).
(D)
(4) The Porter-Cologne Water Quality Act (Division 7
(commencing with Section 13000) of the Water Code).
(E)
(5) The federal act.
(F)
(6) The Hazardous Materials Transportation Act, as
amended (49 U.S.C. Sec. 5101 et seq.).
(G)
(7) The Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.).
(H)
(8) The Toxic Substances Control Act (15 U.S.C. Sec.
2601 et seq.).
(I)
(9) 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. Code.
(3)
(c) A violation of, or noncompliance with, 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.
(4)
(d) 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 Section 25180.
(5)
(e) Activities resulting in a federal or state
conviction 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 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:
(A)
(1) The time for appeal has elapsed.
(B)
(2) The judgment of conviction has been affirmed on
appeal.
(C)
(3) 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.
(6)
(f) Activities resulting in the revocation or
suspension of 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 a trustee, officer, director,
partner, or 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)
(g) 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. SEC. 11. Section 25200 of
the Health and Safety Code is amended to read:
25200. (a) (1) The department 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 all of the following requirements:
(A) Meet the building standards published in the California
Building Standards Code relating to hazardous waste 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.
(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 condition on a hazardous waste
facilities permit that 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 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) A hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10 years
for a land disposal facility, storage facility, incinerator, or
other treatment facility.
(B) 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 submission 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).
(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.
(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.
(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 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. SEC. 12. 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,
a person who desires to continue the use or operation of a hazardous
waste facility that was in existence on November 19, 1980, or that
was in existence on the effective date of any statute or regulation
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 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 conditions 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 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.
(4) Classification as a significant noncomplying operation.
(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) A land disposal facility 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 federal act.
(g) The termination date for interim status for a land disposal
facility that is in existence on the effective date of a statute or
the regulation adopted pursuant to that statute that subjects the
facility to hazardous waste facilities permit requirements under this
chapter, and 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 an incinerator
facility 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), 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 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. SEC. 13. 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. SEC. 14. 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.
