Bill Text: CA AB777 | 2023-2024 | Regular Session | Amended
Bill Title: Hazardous waste: Stringfellow Quarry Class I Hazardous Waste Disposal Site.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-08 - Chaptered by Secretary of State - Chapter 165, Statutes of 2023. [AB777 Detail]
Download: California-2023-AB777-Amended.html
|
Amended
IN
Assembly
March 07, 2023 |
| Introduced by Assembly Member Cervantes |
February 13, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, as part of the hazardous waste control laws, requires a person wishing to operate as a certified appliance recycler to apply to obtain or renew certification from the Department of Toxic Substances Control. Existing law requires the department to review the application and, if the application is complete and meets specified requirements, to issue a numbered certificate to the applicant. Existing law requires the department, upon issuance of a certificate, to transmit the application and certification to the certified unified program agency in whose jurisdiction the person is located. Existing law requires the certified unified program agency to inspect, as soon as is practicable, the certified appliance recycling facility, as specified.
This bill would delete the requirement that the inspection be conducted as soon as is practicable
and would require a certified unified program agency, following an inspection of a certified appliance recycling facility, to transmit the results of the inspection to the department. By imposing a new duty on certified unified program agencies, the bill would impose a state-mandated local program. The bill would authorize the department to take any authorized enforcement action based on the results of the inspection and any other pertinent information. The bill would also make nonsubstantive corrections.
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:
SECTION 1.
Section 79490 of the Health and Safety Code is amended to read:79490.
(a) Any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site, that was built for the purpose of a remedial or removal action at that site, shall only be used to treat, store, transfer, or dispose of hazardous substances removed from that site.SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges to treating and cleaning the hazardous waste at the Stringfellow Quarry.(a)A person wishing to operate as a certified appliance recycler shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its internet website an application for certification as a certified appliance recycler that requires all of the following:
(1)The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owner’s name, address, and telephone number.
(2)A hazardous waste generator identification number issued by the department pursuant to this chapter.
(3)A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.
(4)A statement indicating that the applicant has either
filed a hazardous materials business plan or is not required to file the plan.
(5)The tax identification number assigned by the Franchise Tax Board.
(6)A copy of a business license and any conditional use permits issued by the appropriate city or county.
(7)A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws.
(8)Any other information that the department may determine to be necessary to carry out this article.
(b)A person wishing to operate as a certified appliance recycler shall submit to the department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness and, upon determining that the application is complete and meets the requirements of this section, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186.
(c)The certificate issued by the department shall include the issuance date and the expiration date, which shall be three
years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no longer a certified appliance recycler and may no longer operate as a certified appliance recycler.
(d)Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified unified program agency in whose jurisdiction the person is
located. The certified unified program agency shall inspect the certified appliance recycling facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from major appliances. In making the determination, the certified unified program agency shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facility’s compliance with existing applicable laws. Following the inspection, the certified unified program agency shall transmit the results of the inspection to
the department. The department may take any enforcement action authorized pursuant to this chapter based on the results of the inspection and any other pertinent information.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
