Bill Text: CA SB1325 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Hazardous waste: facilities: postclosure plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-26 - Chaptered by Secretary of State. Chapter 676, Statutes of 2016. [SB1325 Detail]

Download: California-2015-SB1325-Amended.html

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BILL NUMBER: SB 1325	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2016

INTRODUCED BY   Senator De León

                        FEBRUARY 19, 2016

   An act to amend Section  25355   25247 
of the Health and Safety Code, relating to hazardous 
substances.   waste. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1325, as amended, De León.  Hazardous substances:
removal or remedial actions: notifications.   Hazardous
waste: facilities: postclosure plans. 
   Existing law requires the owner or operator of a hazardous waste
facility to submit hazardous waste facility closure and postclosure
plans to the Department of Toxic Substances Control and to the
California regional water quality control board for the region in
which the facility is located. Existing law requires the department
to review those plans and to approve a plan if it finds that the plan
complies with the regulations adopted by the department and all
other applicable state and federal regulations. Existing law requires
the department to impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of a postclosure permit, or, only until January
1, 2009, through an enforcement order or an enforceable agreement,
except as specified.  
   This bill would restore the authority of the department to impose
those requirements through an enforcement order or an enforceable
agreement and would require the department, on or before January 1,
2018, to adopt regulations to impose postclosure plan requirements.
 
   Existing law requires the Department of Toxic Substances Control,
at least 30 days before initiating a removal or remedial action at a
hazardous substance release site, to make a reasonable effort to
notify the persons identified by the department as potentially
responsible parties and to also publish a notification of the action
in a newspaper of general circulation.  
   This bill would instead require the department to make those
notifications at least 45 days before initiating a removal or
remedial action. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 25247 of the   Health
and Safety Code   is amended to read: 
   25247.  (a) The department shall review each plan submitted
pursuant to Section 25246 and shall approve the plan if it finds that
the plan complies with the regulations adopted by the department and
complies with all other applicable state and federal regulations.
   (b) The department shall not approve the plan until at least one
of the following occurs:
   (1) The plan has been approved pursuant to Section 13227 of the
Water Code.
   (2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this
60-day period shall not begin until the owner or operator resubmits
the plan to the department.
   (3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.
   (c) Any action taken by the department pursuant to this section is
subject to Section 25204.5.
   (d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.
   (A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to this
subdivision, the department shall provide a meaningful opportunity
for public involvement, which, at a minimum, shall include public
notice and an opportunity for public comment on the proposed action.
   (C) For the purposes of subparagraph (B), a "significant
modification" is a modification that the department determines would
constitute a class 3 permit modification if the change were being
proposed to a hazardous waste facilities permit. In determining
whether the proposed modification would constitute a class 3
modification, the department shall consider the similarity of the
modification to class 3 modifications codified in Appendix I of
Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title
22 of the California Code of Regulations. In determining whether the
proposed modification would constitute a class 3 modification, the
department shall also consider whether there is significant public
concern about the proposed modification, and whether the proposed
change is so substantial or complex in nature that the modification
requires the more extensive procedures of a class 3 permit
modification.
   (2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.
   (3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, pay the same fee specified in
subparagraph (F) of paragraph (1) of subdivision (d) of Section
25205.7, or enter into a cost reimbursement agreement pursuant to
subdivision (a) of Section 25205.7 and upon commencement of the
postclosure period shall pay the fee required by paragraph (9) of
subdivision (c) of Section 25205.4. For purposes of this paragraph
and paragraph (9) of subdivision (c) of Section 25205.4, the
commencement of the postclosure period shall be the effective date of
the postclosure permit, enforcement order, or enforceable agreement.

   (4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of the
following actions:
   (A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.
   (B) Require compliance with requirements for corrective action or
other emergency response measures that the department deems necessary
to protect human health and the environment.
   (C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.
   (e) Subdivision (d) does not apply to a postclosure plan for which
a final or draft permit has been issued by the department on or
before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision (d).

   (f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through an
enforcement order or an enforceable agreement pursuant to subdivision
(d) until January 1, 2009.  
   (2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to January 1, 2009, or an order or
agreement for which a public notice is issued on or before January
1, 2009.  
   (3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).  
   (f) On or before January 1, 2018, the department shall adopt
regulations to impose postclosure plan requirements pursuant to
subdivision (d). 
   (g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at any
time, rescind and replace an enforcement order or an enforceable
agreement issued pursuant to this section by issuing a postclosure
permit for the hazardous waste facility, in accordance with the
procedures specified in the department's regulations for the issuance
of postclosure permits.
   (h) Nothing in this section may be construed to limit or delay the
authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.

  SECTION 1.    Section 25355 of the Health and
Safety Code is amended to read:
   25355.  (a)  The Governor is responsible for the coordination of
all state response actions for sites identified in Section 25356 in
order to assure the maximum use of available federal funds.
   (b)  The director may initiate removal or remedial action pursuant
to this chapter unless these actions have been taken, or are being
taken properly and in a timely fashion, by a responsible party.
   (c)  (1)  At least 45 days before initiating removal or remedial
actions, the department shall make a reasonable effort to notify the
persons identified by the department as potentially responsible
parties and shall also publish a notification of this action in a
newspaper of general circulation pursuant to the method specified in
Section 6061 of the Government Code. This subdivision does not apply
to actions taken pursuant to subdivision (b) of Section 25358.3 or
immediate corrective actions taken pursuant to Section 25354. A
responsible party may be held liable pursuant to this chapter whether
or not the person was given the notice specified in this
subdivision.
   (2)  (A)  Notwithstanding subdivision (a) of Section 25317, a
person may voluntarily enter into an enforceable agreement with the
department pursuant to this subdivision that allows removal or
remedial actions to be conducted under the oversight of the
department at sites with petroleum releases from sources other than
underground storage tanks, as defined in Section 25299.24.
   (B)  If the department determines that there may be an adverse
impact to water quality as a result of a petroleum release, the
department shall notify the appropriate regional board prior to
entering into the enforceable agreement pursuant to subparagraph (A).
The department may enter into an enforceable agreement pursuant to
subparagraph (A) unless, within 60 days of the notification provided
by the department, the regional board provides the department with a
written notice that the regional board will assume oversight
responsibility for the removal or remedial action.
   (C)  Agreements entered into pursuant to this paragraph shall
provide that the party will reimburse the department for all costs
incurred including, but not limited to, oversight costs pursuant to
the enforceable agreement associated with the performance of the
removal or remedial actions and Chapter 6.66 (commencing with Section
25269).
   (d)  The department shall notify the owner of the real property of
the site of a hazardous substance release within 30 days after
listing a site pursuant to Section 25356, and at least 30 days before
initiating a removal or remedial action pursuant to this chapter, by
sending the notification by certified mail to the person to whom the
real property is assessed, as shown upon the last equalized
assessment roll of the county, at the address shown on the assessment
roll. The requirements of this subdivision do not apply to actions
taken pursuant to subdivision (b) of Section 25358.3 or to immediate
corrective actions taken pursuant to Section 25354.