Bill Text: CA AB245 | 2017-2018 | Regular Session | Amended
Bill Title: Hazardous waste: enforcement.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2017-10-05 - Chaptered by Secretary of State - Chapter 499, Statutes of 2017. [AB245 Detail]
Download: California-2017-AB245-Amended.html
Amended
IN
Senate
September 01, 2017 |
Amended
IN
Senate
July 12, 2017 |
Amended
IN
Senate
June 20, 2017 |
Assembly Bill | No. 245 |
Introduced by Assembly Members Quirk, Gomez, Reyes, Santiago, and Cristina Garcia |
January 30, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law, the Hazardous Waste Control Law, regulates the use and disposal of hazardous materials and requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime.
This bill would require the department, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes relating to the renewal in or near the community in which the hazardous waste facility is located.
Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances.
This bill would require the department to review, at least once every 5 years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of financial assurances required. If the department’s review finds the financial assurances
for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances and, if applicable, appropriate cost estimates within 90 days.
(2)Existing law requires the department, in the case of a release of hazardous waste or hazardous waste constituents into the environment from a hazardous waste facility that is required to obtain a permit, to pursue available remedies, including the issuance of an order for corrective action, before using available legal remedies, except in specified circumstances.
This bill would require the department, under specified circumstances, to request an owner or operator of a hazardous
waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified. The bill would require the owner or operator to submit the corrective action cost estimate within 60 days of the department’s request. The bill would require the owner or operator, within 90 days of the approval or the imposition of a corrective action cost estimate, as specified, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action.
(3)Existing
(4)Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
(5) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)After the department has identified a release or releases of a hazardous waste or a hazardous waste constituent into the environment from a hazardous waste facility or when the department determines that corrective action is necessary, the department shall request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with corrective action based on available data, history of releases, and site activities.
(b)The corrective action cost estimate shall be based on, and be no less stringent than, the ASTM International (ASTM) Standard E2150-13.
(c)(1)The owner or operator of a hazardous waste facility shall submit the corrective action cost estimate to the department within 60 days from the department’s request.
(2)If the department determines the corrective action cost estimate is substantially incomplete or includes substantially unsatisfactory information, the department shall provide a notice of deficiency to the owner or operator of the facility within 60 days of receipt of the corrective action cost estimate.
(3)The owner or operator of the facility shall submit a revised corrective action cost estimate based on the information provided in the notice of deficiency within 30 days.
(4)The department shall approve or deny the revised corrective action cost estimate within 30 days.
(5)If the corrective action cost estimate does not address the information provided in the notice of deficiency, as determined by the department, the department shall deny the revised corrective action cost estimate and shall, within 60 days, develop its own
corrective action cost estimate that will be the approved estimate for the facility.
(d)The owner or operator of a facility, within 90 days of the approval of a corrective action cost estimate, shall fund the approved corrective action cost estimate or shall enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action.
(e)If the department determines that the timing or content of a submission of a cost estimate and financial assurance documents are not consistent with the degree and duration of risk posed by the release or releases to be addressed by the corrective action activities, the department shall adjust the level of financial assurance or timing of document submission required by this section as
may be necessary to protect human health and the environment.
(f)If the owner or operator of a hazardous waste facility is required to submit a financial assurance mechanism for corrective action, the financial assurance shall be in the form of a trust fund, surety bond, letter of credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted by the department for financial assurance mechanisms.
(g)The department may adopt, and revise, when appropriate, standards and regulations to implement this section. Additionally, the department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to implement this section. The adoption of these
regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code.
SEC. 2.SECTION 1.
Section 25188 of the Health and Safety Code is amended to read:25188.
SEC. 3.SEC. 2.
Section 25189 of the Health and Safety Code is amended to read:25189.
(a) A person who intentionally or negligently makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter, shall be liable for a civil penalty not to exceed seventy thousand dollars ($70,000) for each separate violation or, for continuing violations, for each day that violation continues.SEC. 4.SEC. 3.
Section 25189.2 of the Health and Safety Code is amended to read:25189.2.
(a) A person who makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter, is liable for a civil penalty not to exceed seventy thousand dollars ($70,000) for each separate violation or, for continuing violations, for each day that the violation continues.The department shall, within 90 days of receiving a renewal application for a hazardous waste facilities permit, hold a public meeting in or near the community in which the hazardous waste facility is located in order to inform the public of the submission of the renewal application, the process for reviewing and making a decision on the renewal application, how the public can participate in the process, and the facility’s enforcement history.
(a)Except as provided in Section 25245.4, the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245).
(b)The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial
assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for
which the facility has authorization to operate pursuant to its grant of interim status.
(c)The department shall review, at least once every five years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of the financial assurances required. If the department’s review finds the financial assurances for a facility to be
inadequate for any reason, including, but not limited to, due to underestimated potential costs, the department shall notify the owner or operator of the facility and require the owner or operator to update and adopt adequate financial assurances and, if applicable, appropriate cost estimates within 90 days.
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.