Bill Text: CA SB1458 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous substances.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 544, Statutes of 2014. [SB1458 Detail]
Download: California-2013-SB1458-Amended.html
Bill Title: Hazardous substances.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 544, Statutes of 2014. [SB1458 Detail]
Download: California-2013-SB1458-Amended.html
BILL NUMBER: SB 1458 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Committee on Environmental Quality (Senators Hill
(Chair), Corbett, Fuller, Gaines, Hancock, Jackson, Leno, and Pavley)
FEBRUARY 24, 2014
An act to amend Sections 25123.3 and 25196
, 25196, 25299, 25299.15, 25299.50, 25299.50.2, 25299.51, and
25299.56 of, to add Sections 25150.65 and 25227 to, and to
repeal Section 25150.6 of, the Health and Safety Code, and to
amend Sections 13176, 13321, 13395.5, 13550, 13552.8, 13553.1, 13554,
and 13554.2 of the Water Code, relating to hazardous wastes
and substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1458, as amended, Committee on Environmental Quality.
Hazardous waste: substances: land use: response actions.
Hazardous substances.
(1) Existing law establishes various standards for management and
control of hazardous waste, and authorizes the Department of Toxic
Substances Control to exempt, by regulations adopted until January 1,
2008, a hazardous waste management activity from certain statutory
requirements related to hazardous waste management if specified
conditions for exemption are met. A violation of the hazardous waste
control laws is a crime.
This bill would repeal the provisions that authorized, until
January 1, 2008, the department to exempt hazardous waste management
activities from those standards but would provide that those
exceptions adopted prior to that date shall remain valid, unless
repealed.
(2) Chapter 39 of the Statutes of 2012, effective June 27, 2012,
authorizes a person to apply to the department for a written variance
from a land use restriction imposed by the department on a hazardous
waste property if certain requirements are met, including providing
a statement containing specified information supporting the grant of
a variance, and repealed a provision that prohibited certain uses of
land that is hazardous waste property without a specific variance
approved in writing by the department for the land use and land in
question.
This bill would enact a prohibition similar to the one repealed
against taking certain specified actions on land that is subject to a
recorded land use restriction, unless a person obtains a specific
approval in writing from the department for the land use on the land
in question. The bill would make conforming changes with regard to
this requirement. Since a violation of the bill's prohibition would
be crime, the bill would impose a state-mandated local program by
creating a new crime.
(3) Existing law provides for the regulation of underground
storage tanks by the State Water Resources Control Board, and
requires the board, until January 1, 2022, to conduct a loan and
grant program to assist small businesses in upgrading, replacing, or
removing tanks meeting applicable local, state, or federal standards
(UST upgrade program). Existing law creates the Underground Storage
Tank Cleanup Fund in the State Treasury, and authorizes the board to
expend moneys in the fund, upon appropriation by the Legislature, for
purposes of the program. Existing law requires that specified funds,
including moneys from civil penalties collected by the board or the
regional board for violations of specified program requirements, be
deposited in the fund.
This bill would additionally require that moneys recovered as
compensation for expenditures associated with specified
investigations or enforcement actions and moneys recovered to correct
a previously overpaid expenditure be deposited in the fund. The bill
would authorize the board to use moneys in the fund, upon repeal of
those provisions governing the loan and grant program on January 1,
2022, to pay for specified expenditures related to the repayment of
loans, and actions necessary to carry out rights, obligations, or
authorities under the program. The bill would revise various
requirements for determining an applicant's eligibility for a claim
for correction action costs or third-party compensation costs.
(4) Existing law, the Porter-Cologne Water Quality Control Act,
with certain exceptions, subjects a person to civil liability if the
person causes or permits any hazardous substance to be discharged in
any of the waters of the state where it creates a condition of
pollution or nuisance. The act authorizes a party aggrieved by a
regional water quality board's action or failure to act with regard
to the administration of specified water quality laws and regulations
to obtain review of the order by the State Water Quality Control
Board by filing a petition for writ of mandate within 30 days of the
action or failure to act. Existing law authorizes the state board, in
the case of a review by the state board, upon notice and hearing, if
a hearing is requested, to stay, in whole or in part, the effect of
the decision or order of a regional board or of the state board.
This bill would authorize an aggrieved party, within 30 days of
any order of the state board issuing or denying a stay, to file with
the superior court a petition for writ of mandate. The bill would
require the superior court, if an aggrieved party files such a
petition for writ of mandate, to uphold the order of the state board
issuing or denying the stay unless the order is arbitrary,
capricious, or entirely lacking in evidentiary support, or the state
board failed to follow specified procedures or give required notices,
as prescribed. The bill would also specify that any stay granted by
the state board or the superior court pursuant to those petitions may
be made effective as of the effective date of the regional board or
state board decision or order.
Existing law requires the state board, for the purpose of
preparing health risk assessments, to enter into contracts or
agreements with the State Department of Public Health, or with other
state or local agencies, subject to the approval of the State
Department of Public Health.
This bill would instead require the state board, for the purpose
of preparing those health risk assessments, to enter into contracts
or agreements with the Office of Environmental Health Hazard
Assessment.
(3)
(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.
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. Section 25123.3 of the Health and Safety Code is
amended to read:
25123.3. (a) For purposes of this section, the following terms
have the following meaning:
(1) "Liquid hazardous waste" means a hazardous waste that meets
the definition of free liquids, as specified in Section 66260.10 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1994.
(2) "Remediation waste staging" means the temporary accumulation
of non-RCRA contaminated soil that is generated and held onsite, and
that is accumulated for the purpose of onsite treatment pursuant to a
certified, authorized or permitted treatment method, such as a
transportable treatment unit, if all of the following requirements
are met:
(A) The hazardous waste being accumulated does not contain free
liquids.
(B) The hazardous waste is accumulated on an impermeable surface,
such as high density polyethylene (HDPE) of at least 20 mills that is
supported by a foundation, or high density polyethylene of at least
60 mills that is not supported by a foundation.
(C) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(D) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(E) The staging area is certified by a registered engineer for
compliance with the standards specified in subparagraphs (A) to (D),
inclusive.
(3) "Transfer facility" means any offsite facility that is related
to the transportation of hazardous waste, including, but not limited
to, loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
(b) "Storage facility" means a hazardous waste facility at which
the hazardous waste meets any of the following requirements:
(1) The hazardous waste is held for greater than 90 days at an
onsite facility. The department may establish criteria and procedures
to extend that 90-day period, consistent with the federal act, and
to prescribe the manner in which the hazardous waste may be held if
not otherwise prescribed by statute.
(2) The hazardous waste is held for any period of time at an
offsite facility that is not a transfer facility.
(3) (A) Except as provided in subparagraph (B), the waste is held
at a transfer facility and any one of the following apply:
(i) The transfer facility is located in an area zoned residential
by the local planning authority.
(ii) The transfer facility commences initial operations on or
after January 1, 2005, at a site located within 500 feet of a
structure identified in paragraphs (1) to (5), inclusive, of
subdivision (c) of Section 25227.
(iii) The hazardous waste is held for a period greater than six
days at a transfer facility located in an area that is not zoned
industrial or agricultural by the local planning authority.
(iv) The hazardous waste is held for a period greater than 10 days
at a transfer facility located in an area zoned industrial or
agricultural by the local planning authority.
(v) The hazardous waste is held for a period greater than six days
at a transfer facility that commenced initial operations before
January 1, 2005, is located in an area zoned agricultural by the
local planning authority, and is located within 500 feet of a
structure identified in paragraphs (1) to (5), inclusive, of
subdivision (c) of Section 25227.
(B) (i) Notwithstanding subparagraph (A), a transfer facility
located in an area that is not zoned residential by the local
planning authority is not a storage facility, if the only hazardous
waste held at the transfer facility is hazardous waste that is
generated as a result of an emergency release and that hazardous
waste is collected and temporarily stored by emergency rescue
personnel, as defined in Section 25501, or by a response action
contractor upon the request of emergency rescue personnel or the
response action contractor, and the holding of that hazardous waste
is approved by the department.
(ii) For purposes of this subparagraph, "response action
contractor" means any person who enters into a contract with the
department to take removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) in response to a release or
threatened release, including any subcontractors of the response
action contractor.
(4) (A) Except as provided in subparagraph (B), the hazardous
waste is held onsite for any period of time, unless the hazardous
waste is held in a container, tank, drip pad, or containment building
pursuant to regulations adopted by the department.
(B) Notwithstanding subparagraph (A), a generator that accumulates
hazardous waste generated and held onsite for 90 days or less for
offsite transportation is not a storage facility if all of the
following requirements are met:
(i) The waste is non-RCRA contaminated soil.
(ii) The hazardous waste being accumulated does not contain free
liquids.
(iii) The hazardous waste is accumulated on an impermeable
surface, such as high density polyethylene (HDPE) of at least 20
mills that is supported by a foundation, or high density polyethylene
of at least 60 mills that is not supported by a foundation.
(iv) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.
(v) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
(vi) The generator, after final offsite transportation, inspects
the accumulation site for contamination and remediates as necessary.
(vii) The site is certified by a registered engineer for
compliance with the standards specified in clauses (i) to (vi),
inclusive.
(5) The hazardous waste is held at a transfer facility at any
location for any period of time in a manner other than in a
container.
(6) The hazardous waste is held at a transfer facility at any
location for any period of time and handling occurs. For purposes of
this paragraph, "handling" does not include the transfer of packaged
or containerized hazardous waste from one vehicle to another.
(c) The time period for calculating the 90-day period for purposes
of paragraph (1) of subdivision (b), or the 180-day or 270-day
period for purposes of subdivision (h), begins when the facility has
accumulated 100 kilograms of hazardous waste or one kilogram of
extremely hazardous waste or acutely hazardous waste. However, if the
facility generates more than 100 kilograms of hazardous waste or one
kilogram of extremely hazardous waste or acutely hazardous waste
during any calendar month, the time period begins when any amount of
hazardous waste first begins to accumulate in that month.
(d) Notwithstanding paragraph (1) of subdivision (b), a generator
of hazardous waste that accumulates waste onsite is not a storage
facility if all of the following requirements are met:
(1) The generator accumulates a maximum of 55 gallons of hazardous
waste, one quart of acutely hazardous waste, or one quart of
extremely hazardous waste at an initial accumulation point that is at
or near the area where the waste is generated and that is under the
control of the operator of the process generating the waste.
(2) The generator accumulates the waste in containers other than
tanks.
(3) The generator does not hold the hazardous waste onsite without
a hazardous waste facilities permit or other grant of authorization
for a period of time longer than the shorter of the following time
periods:
(A) One year from the initial date of accumulation.
(B) Ninety days, or if subdivision (h) is applicable, 180 or 270
days, from the date that the quantity limitation specified in
paragraph (1) is reached.
(4) The generator labels any container used for the accumulation
of hazardous waste with the initial date of accumulation and with the
words "hazardous waste" or other words that identify the contents of
the container.
(5) Within three days of reaching any applicable quantity
limitation specified in paragraph (1), the generator labels the
container holding the accumulated hazardous waste with the date the
quantity limitation was reached and either transports the waste
offsite or holds the waste onsite and complies with either the
regulations adopted by the department establishing requirements for
generators subject to the time limit specified in paragraph (1) of
subdivision (b) or the requirements specified in paragraph (1) of
subdivision (h), whichever requirements are applicable.
(6) The generator complies with regulations adopted by the
department pertaining to the use and management of containers and any
other regulations adopted by the department to implement this
subdivision.
(e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b),
hazardous waste held for remediation waste staging shall not be
considered to be held at a hazardous waste storage facility if the
total accumulation period is one year or less from the date of the
initial placing of hazardous waste by the generator at the staging
site for onsite remediation, except that the department may grant one
six-month extension, upon a showing of reasonable cause by the
generator.
(2) (A) The generator shall submit a notification of plans to
store and treat hazardous waste onsite pursuant to paragraph (2) of
subdivision (a), in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the agency authorized, pursuant
to subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
(B) If, after the notification pursuant to subparagraph (A), or
during the initial year or the six-month extension granted by the
department, the generator determines that treatment cannot be
accomplished for all, or part of, the hazardous waste accumulated in
a remediation waste staging area, the generator shall immediately
notify the department and the appropriate local agency, pursuant to
subparagraph (A), that the treatment has been discontinued. The
generator shall then handle and dispose of the hazardous waste in
accordance with paragraph (4) of subdivision (b).
(C) A generator shall not hold hazardous waste for remediation
waste staging unless the generator can show, through laboratory
testing, bench scale testing, or other documentation, that soil held
for remediation waste staging is potentially treatable. Any fines and
penalties imposed for a violation of this subparagraph may be
imposed beginning with the 91st day that the hazardous waste was
initially accumulated.
(3) Once an onsite treatment operation is completed on hazardous
waste held pursuant to paragraph (1), the generator shall inspect the
staging area for contamination and remediate as necessary.
(f) Notwithstanding any other provision of this chapter,
remediation waste staging and the holding of non-RCRA contaminated
soil for offsite transportation in accordance with paragraph (4) of
subdivision (b) shall not be considered to be disposal or land
disposal of hazardous waste.
(g) A generator who holds hazardous waste for remediation waste
staging pursuant to paragraph (2) of subdivision (a) or who holds
hazardous waste onsite for offsite transportation pursuant to
paragraph (4) of subdivision (b) shall maintain records onsite that
demonstrate compliance with this section related to storing hazardous
waste for remediation waste staging or related to holding hazardous
waste onsite for offsite transportation, as applicable. The records
maintained pursuant to this subdivision shall be available for review
by a public agency authorized pursuant to Section 25180 or 25185.
(h) (1) Notwithstanding paragraph (1) of subdivision (b), a
generator of less than 1,000 kilograms of hazardous waste in any
calendar month who accumulates hazardous waste onsite for 180 days or
less, or 270 days or less if the generator transports the generator'
s own waste, or offers the generator's waste for transportation, over
a distance of 200 miles or more, for offsite treatment, storage, or
disposal, is not a storage facility if all of the following apply:
(A) The quantity of hazardous waste accumulated onsite never
exceeds 6,000 kilograms.
(B) The generator complies with the requirements of subdivisions
(d), (e), and (f) of Section 262.34 of Title 40 of the Code of
Federal Regulations.
(C) The generator does not hold acutely hazardous waste or
extremely hazardous waste in an amount greater than one kilogram for
a time period longer than that specified in paragraph (1) of
subdivision (b).
(2) A generator meeting the requirements of paragraph (1) who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the facility to which the generator's waste
is submitted, within 60 days from the date that the hazardous waste
was accepted by the initial transporter, shall submit to the
department a legible copy of the manifest, with some indication that
the generator has not received confirmation of delivery.
(i) The department may adopt regulations that set forth additional
restrictions and enforceable management standards that protect human
health and the environment and that apply to persons holding
hazardous waste at a transfer facility. A regulation adopted pursuant
to this subdivision shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare, and may be
adopted as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 2. Section 25150.6 of the Health and Safety Code is repealed.
SEC. 3. Section 25150.65 is added to the Health and Safety Code,
to read:
25150.65. Any regulation that was adopted prior to January 1,
2008, pursuant to former Section 25150.6, exempting a hazardous waste
management activity from one or more of the requirements of this
chapter, shall remain valid unless repealed.
SEC. 4. Section 25196 of the Health and Safety Code is amended to
read:
25196. A person who knowingly violates a provision of subdivision
(a) of former Section 25221 as that section read on January 1, 2012,
and who violated that provision prior to the effective date of
Chapter 39 of the Statutes of 2012, or who knowingly violates Section
25227, shall be subject to a civil penalty not to exceed 25 percent
of the fair market value of the land and improvements, 25 percent of
the sale price of the land and improvements, or fifty thousand
dollars ($50,000), whichever has been established and is greatest.
SEC. 5. Section 25227 is added to the Health and Safety Code, to
read:
25227. A person shall not engage in any of the following on land
that is subject to a recorded land use restriction pursuant to former
Section 25229, 25230, or 25398.7, as those sections read on January
1, 2012, or pursuant to Section 25202.5, 25221, or 25355.5, unless
the person obtains a specific approval in writing from the department
for the land use on the land in question:
(a) A new use of the land, other than the use, modification, or
expansion of an existing industrial or manufacturing facility or
complex on land that is owned by, or held for the beneficial use of,
the facility or complex on or before January 1, 1981.
(b) Subdivision of the land, as that term is used in Division 2
(commencing with Section 66410) of Title 7 of the Government Code,
except that this subdivision does not prevent the division of a
parcel of land so as to divide that portion of the parcel that
contains hazardous materials, as defined in subdivision (d) of
Section 25260, from other portions of that parcel.
(c) Construction or placement of a building or structure on the
land that is intended for use as any of the following, or the new use
of an existing structure for the purpose of serving as any of the
following:
(1) (A) Except as provided in paragraph (B), a residence,
including a mobilehome or factory built housing constructed or
installed for use as permanently occupied human habitation.
(B) The addition of rooms or living space to an existing
single-family dwelling or other minor repairs or improvements to
residential property that do not change the use of the property,
increase the population density, or impair the effectiveness of a
response action, shall not constitute construction or placement of a
building or structure for the purposes of subparagraph (A).
(2) A hospital for humans.
(3) A school for persons under 21 years of age.
(4) A day care center for children.
(5) A permanently occupied human habitation, other than those used
for industrial purposes.
SEC. 6. Section 25299 of the Health and
Safety Code is amended to read:
25299. (a) An operator of an underground tank system shall be
liable for a civil penalty of not less than five hundred dollars
($500) or more than five thousand dollars ($5,000) for each
underground storage tank for each day of violation for any of the
following violations:
(1) Operating an underground tank system that has not been issued
a permit, in violation of this chapter.
(2) Violation of an applicable requirement of the permit issued
for the operation of the underground tank system.
(3) Failure to maintain records, as required by this chapter.
(4) Failure to report an unauthorized release, as required by
Sections 25294 and 25295.
(5) Failure to properly close an underground tank system, as
required by Section 25298.
(6) Violation of an applicable requirement of this chapter or any
regulation adopted by the board pursuant to Section 25299.3.
(7) Failure to permit inspection or to perform a monitoring,
testing, or reporting required pursuant to Section 25288 or 25289.
(8) Making a false statement, representation, or certification in
an application, record, report, or other document submitted or
required to be maintained pursuant to this chapter.
(9) Tampering with or otherwise disabling automatic leak detection
devices or alarms.
(b) An owner of an underground tank system shall be liable for a
civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000) per day for each underground
storage tank, for each day of violation, for any of the following
violations:
(1) Failure to obtain a permit as specified by this chapter.
(2) Failure to repair or upgrade an underground tank system in
accordance with this chapter.
(3) Abandonment or improper closure of an underground tank system
subject to this chapter.
(4) Violation of an applicable requirement of the permit issued
for operation of the underground tank system.
(5) Violation of an applicable requirement of this chapter or a
regulation adopted by the board pursuant to Section 25299.3.
(6) Failure to permit inspection or to perform a monitoring,
testing, or reporting required pursuant to Section 25288 or 25289.
(7) Making a false statement, representation, or certification in
an application, record, report, or other document submitted or
required to be maintained pursuant to this chapter.
(c) A person who intentionally fails to notify the board, the
regional board, or the local agency when required to do so by this
chapter or who submits false information in a permit application,
amendment, or renewal, pursuant to Section 25286, is liable for a
civil penalty of not more than five thousand dollars ($5,000) for
each underground storage tank for which notification is not given or
false information is submitted.
(d) (1) A person who violates a corrective action requirement
established by, or issued pursuant to, Section 25296.10 is liable for
a civil penalty of not more than ten thousand dollars ($10,000) for
each underground storage tank for each day of violation.
(2) A civil penalty under this subdivision may be imposed in a
civil action under this chapter, or may be administratively imposed
by the board or a regional board pursuant to Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code.
(e) A person who violates Section 25292.3 is liable for a civil
penalty of not more than five thousand dollars ($5,000) for each
underground storage tank for each day of violation.
(f) (1) A person who falsifies any monitoring records required by
this chapter, or knowingly fails to report an unauthorized release,
shall, upon conviction, be punished by a fine of not less than five
thousand dollars ($5,000) or more than ten thousand dollars
($10,000), by imprisonment in the county jail for not to exceed one
year, or by both that fine and imprisonment.
(2) A person who intentionally disables or tampers with an
automatic leak detection system in a manner that would prevent the
automatic leak detection system from detecting a leak or alerting the
owner or operator of the leak, shall, upon conviction, be punished
by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), by imprisonment in the county
jail for not more than one year, or by both the fine and
imprisonment.
(g) In determining both the civil and criminal penalties imposed
pursuant to this section, the board, a regional board, or the court,
as the case may be, shall consider all relevant circumstances,
including, but not limited to, the extent of harm or potential harm
caused by the violation, the nature of the violation and the period
of time over which it occurred, the frequency of past violations, and
the corrective action, if any, taken by the person who holds the
permit.
(h) (1) A civil penalty or criminal fine imposed pursuant to this
section for a separate violation shall be separate, and in addition
to, any other civil penalty or criminal fine imposed pursuant to this
section or any other provision of law, except that no civil penalty
shall be recovered under subdivision (d) for violations for which a
civil penalty is recovered pursuant to Section 13268 or 13350 of the
Water Code. The penalty or fine shall be paid to the unified program
agency, the participating agency, or the state, whichever is
represented by the office of the city attorney, district attorney, or
Attorney General bringing the action.
(2) Any penalties or fines paid to a uniform
unified program agency or a participating agency pursuant
to paragraph (1) shall be deposited into a special account and shall
be expended only to fund the activities of the unified program agency
or participating agency in enforcing this chapter
the unified program, as specified in subdivision (c) of Section
25404 , within that jurisdiction pursuant,
the jurisdiction of that agency pursuant to the
uniform unified program specified in Chapter
6.11 (commencing with Section 25404).
(3) All penalties or fines collected by the board or a regional
board or collected on behalf of the board or a regional board by the
Attorney General shall be deposited in the State Water Pollution
Cleanup and Abatement Account in the State Water Quality Control
Fund, and are available for expenditure by the board, upon
appropriation, pursuant to Section 13441 of the Water Code.
(i) Paragraph (9) of subdivision (a) does not prohibit the owner
or operator of an underground storage tank, or his or her designee,
from maintaining, repairing, or replacing automatic leak detection
devices or alarms associated with that tank.
SEC. 7. Section 25299.15 of the Health
and Safety Code is amended to read:
25299.15. "Environmental impairment liability insurance" means
liability insurance against liability for bodily injury, as defined
in Section 25299.12, and for property damage, as defined in Section
25299.22 25299.23 , arising from an
occurrence, as defined in Section 25299.19.
SEC. 8. Section 25299.50 of the Health
and Safety Code is amended to read:
25299.50. (a) The Underground Storage Tank Cleanup Fund is hereby
created in the State Treasury. The money in the fund may be expended
by the board, upon appropriation by the Legislature, for purposes of
this chapter. From time to time, the board may modify existing
accounts or create accounts in the fund or other funds administered
by the board, which the board determines are appropriate or necessary
for proper administration of this chapter.
(b) Except for funds transferred to the Drinking Water Treatment
and Research Fund created pursuant to subdivision (c) of Section
116367, all of the following amounts shall be deposited in the fund:
(1) Money appropriated by the Legislature for deposit in the fund.
(2) The fees, interest, and penalties collected pursuant to
Article 5 (commencing with Section 25299.40).
(3) Notwithstanding Section 16475 of the Government Code, any
interest earned upon the money deposited in the fund.
(4) Any money recovered by the fund pursuant to Section 25299.70.
(5) Any civil penalties collected by the board or regional board
pursuant to Section 25299.76.
(6) Money recovered as compensation for expenditures associated
with investigations or enforcement pursuant to subdivision (j) of
Section 25299.51.
(7) Money recovered to correct a previously overpaid expenditure
issued pursuant to this chapter.
(c) Notwithstanding subdivision (a), any funds appropriated by the
Legislature in the annual Budget Act for payment of a claim for the
costs of a corrective action in response to an unauthorized release,
that are encumbered for expenditure for a corrective action pursuant
to a letter of credit issued by the board pursuant to subdivision (e)
of Section 25299.57, but are subsequently not expended for that
corrective action claim, may be reallocated by the board for payment
of other claims for corrective action pursuant to Section 25299.57.
SEC. 9. Section 25299.50.2 of the
Health and Safety Code is amended to read:
25299.50.2. (a)
The Underground Storage Tank Petroleum Contamination Orphan Site
Cleanup Fund is hereby established in the State Treasury.
(b) (1) Except as provided in paragraph (2), the sum of ten
million dollars ($10,000,000) is hereby transferred, for each of the
2008-09, 2009-10, and 2010-11 fiscal years, from the Underground
Storage Tank Cleanup Fund to the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund.
(2) Available federal moneys may be deposited in the Underground
Storage Tank Petroleum Contamination Orphan Site Cleanup Fund. The
amount transferred pursuant to paragraph (1) in a fiscal year shall
be reduced by the amount of federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund in that fiscal year.
(c) The board may expend the moneys in the Underground Storage
Tank Petroleum Contamination Orphan Site Cleanup Fund, upon
appropriation by the Legislature, for the costs of response actions
to remediate the harm caused by a petroleum contamination,
including contamination caused by a refined product of petroleum or a
petroleum derivative, at a site that meets all of the
following conditions:
(1) The site meets the conditions described in paragraph (2) of
subdivision (a) of Section 25395.20.
(2) The petroleum contamination is the principal source of
contamination at the site.
(3) The source of the petroleum contamination is, or was, an
underground storage tank.
(4) A financially responsible party has not been identified to pay
for remediation at the site.
(5) If the expenditure includes federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund, the expenditure at the site is consistent with all applicable
requirements for expenditure of the federal moneys.
(d) Any funds in the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund that are not expended in the
2009-10, 2010-11, or 2011-12 fiscal years shall remain in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund until they are encumbered.
(e) Notwithstanding Section 16304.1 of the Government Code, a
disbursement in liquidation of an encumbrance may be made before or
during the four years following the last day the appropriation is
available for encumbrance.
(f) A recipient of a grant that was awarded pursuant to former
Section 25299.50.2, as that section read on December 31, 2007, and
whose encumbrance under the grant was not liquidated within the time
period prescribed in Section 16304.1 of the Government Code, may
receive the undisbursed balance of the encumbrance from the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund consistent with the terms of the grant until June 30, 2011.
SEC. 10. Section 25299.51 of the Health
and Safety Code is amended to read:
25299.51. The board may expend the money
moneys in the fund Underground Storage
Tank Cleanup Fund, created under subdivision (a) of Section 25299.50,
for all the following purposes:
(a) In addition to the purposes specified in subdivisions (c),
(d), and (e), for the costs of implementing this chapter and for
implementing Section 25296.10 for a tank that is subject to this
chapter.
(b) To pay for the administrative costs of the State Board of
Equalization in collecting the fee imposed by Article 5 (commencing
with Section 25299.40).
(c) To pay for the reasonable and necessary costs of corrective
action pursuant to Section 25299.36, up to one million five hundred
thousand dollars ($1,500,000) per occurrence. The Legislature may
appropriate the money in the fund for expenditure by the board,
without regard to fiscal year, for prompt action in response to any
unauthorized release.
(d) To pay for the costs of an agreement for the abatement of, and
oversight of the abatement of, an unauthorized release of hazardous
substances from underground storage tanks, by a local agency, as
authorized by Section 25297.1 or by any other provision of law,
except that, for the purpose of expenditure of these funds, only
underground storage tanks, as defined in Section 25299.24, shall be
the subject of the agreement.
(e) To pay for the costs of cleanup and oversight of unauthorized
releases at abandoned tank sites. The board shall not expend more
than 25 percent of the total amount of money collected and deposited
in the fund annually for the purposes of this subdivision and
subdivision (h).
(f) To pay claims pursuant to Section 25299.57.
(g) To pay, upon order of the Controller, for refunds pursuant to
Part 26 (commencing with Section 50101) of Division 2 of the Revenue
and Taxation Code.
(h) To pay for the reasonable and necessary costs of corrective
action pursuant to subdivision (f) of Section 25296.10, in response
to an unauthorized release from an underground storage tank subject
to this chapter.
(i) To pay claims pursuant to Section 25299.58.
(j) To pay for expenditures by the board associated with
discovering violations of, and enforcing, or assisting in the
enforcement of, the requirements of Chapter 6.7 (commencing with
Section 25280) with regard to petroleum underground storage tanks.
(k) For transfer to the Petroleum Underground Storage Tank
Financing Account, for purposes of Chapter 6.76 (commencing with
Section 25299.100).
(l) Upon repeal of Chapter 6.76 (commencing with Section
25299.100), to pay for expenditures authorized by subdivision (b) of
Section 25299.117, as that section reads on December 31, 2021,
immediately preceding its repeal.
SEC. 11. Section 25299.56 of the Health
and Safety Code is amended to read:
25299.56. (a) The board shall determine an applicant's
eligibility for a claim for corrective action costs or third-party
compensation costs pursuant to Section 25299.57 or 25299.58 and
notify the applicant of that determination within 60 days from the
date of the receipt of the fund application. The board may classify
the claimant's application pursuant to Section 25299.52 after that
60-day period. If the board sends an applicant a determination of
eligibility pursuant to this subdivision, the board shall not revoke
that determination of eligibility, unless the application contained
fraudulent information or a misrepresentation. However, the board may
suspend making a reimbursement for a claim until the claimant
corrects any deficiencies that are the basis for the suspension.
Reinstatement of reimbursement shall occur when funds are available
and that reinstatement shall be made ahead of any new letters of
commitment issued as of the date of reinstatement.
(b) A claimant may request review of any claim or portion
of a claim not paid determination of eligibility or
disapproval of reimbursement. The review shall be conducted and
a decision rendered within 30 days from the date of receipt of the
request.
(c) A claimant may file a petition for review, in writing, with
the board with regard to any unpaid claim
determination or disapproval that is unresolved to the
satisfaction of the claimant upon expiration of the 30-day period
specified in subdivision (b) and the board shall take final action on
the petition within 90 days of the board's receipt of a complete
petition for review, except that if the board initiates an
adjudicative proceeding on the petition, the board shall take final
action within 270 days of the board's receipt of a complete petition
for review.
(d) Final action on a petition taken by the board is a final
agency action for the purposes of judicial review of a board
decision.
(e) A claimant may, not later than 30 days from the date of final
action by the board pursuant to subdivision (c), file with the
superior court a petition for writ of mandate for review of the
decision. If the claimant does not file a petition for writ of
mandate within the time provided by this subdivision, a board
decision shall not be subject to review by the court. Section 1094.5
of the Code of Civil Procedure shall govern the proceeding for a
petition filed pursuant to this subdivision. For purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall uphold the decision if the decision is based upon
substantial evidence in light of the whole record.
(f) Except as specified in subdivision (g), the procedures in
Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1
of Division 3 of Title 2 of, and in Section 11513 of, the Government
Code apply to any adjudicative proceedings conducted by the board
pursuant to this article.
(g) (1) Notwithstanding subdivision (f), Sections 801, 802, 803,
804, and 805 of the Evidence Code apply to any adjudicative
proceeding conducted by the board pursuant to this article.
(2) This section is not a limitation on the authority of the board
to authorize the use of the procedure provided in Article 10
(commencing with Section 11445.10) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 12. Section 13176 of the Water
Code is amended to read:
13176. (a) The analysis of any material required by this division
shall be performed by a laboratory that has accreditation or
certification pursuant to Article 3 (commencing with Section 100825)
of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
This requirement does not apply to field tests, such as tests
for color, odor, turbidity, pH, temperature, dissolved oxygen,
conductivity, and disinfectant residual.
(b) A person or public entity of the state shall not contract with
a laboratory for environmental analyses for which the State
Department of Public Health requires accreditation or certification
pursuant to this chapter, unless the laboratory holds a valid
certification or accreditation.
SEC. 13. Section 13321 of the Water
Code is amended to read:
13321. (a) In the case of a review by the state board under
Section 13320 or review by the state board of a decision or
order issued under authority delegated to an officer or employee of
the state board where the state board, by regulation, has authorized
a petition for reconsideration , the state board, upon notice
and hearing, if a hearing is requested, may stay in whole or in part
the effect of the decision and or order
of a regional board or of the state board.
(b) (1) Within 30 days of any order of the state board issuing or
denying a stay, an aggrieved party may file with the superior court a
petition for writ of mandate. Except as otherwise provided in this
section, Section 1094.5 of the Code of Civil Procedure shall govern
proceedings concerning petitions filed under this section.
(2) If an aggrieved party files a petition of writ of mandate with
the superior court pursuant to paragraph (1), the superior court
shall uphold the order of the state board issuing or denying the stay
unless the order is arbitrary, capricious, or entirely lacking in
evidentiary support, or the state board failed to follow the
procedures or give the notices required by subdivision (a).
(c) If the state board or the superior court grants a stay under
this section, the stay may be made effective as of the effective date
of the regional board or state board decision or order.
(b)
(d) If a petition is filed with the superior court
to review a decision of the state board under
Section 13330 , any stay in effect at the time of the filing
the petition shall remain in effect by operation of law for a period
of 20 days from the date of the filing of that petition.
(c) If the superior court grants a stay pursuant to a petition for
review of a decision of the state board denying a request for a stay
with respect to waste discharge requirements, the stay may be made
effective as of the effective date of the waste discharge
requirements.
SEC. 14. Section 13395.5 of the Water
Code is amended to read:
13395.5. The state board may enter into contracts and other
agreements for the purpose of evaluating or demonstrating methods for
the removal, treatment, or stabilization of contaminated bottom
sediment. For the purpose of preparing health risk assessments
pursuant to Section 13393, the state board shall enter into contracts
or agreements with the State Department of Public Health
Office of Environmental Health Hazard Assessment
, or with other state or local agencies, subject to the approval of
the State Department of Public Health Office
of Environmental Health Hazard Assessment . The costs incurred
for work conducted by other state agencies , including, but
not limited to, the State Department of Public Health and the
Department of Fish and Game, pursuant to
this chapter shall be reimbursed according to the terms of an
interagency agreement between the state board and the agency.
SEC. 15. Section 13550 of the Water
Code is amended to read:
13550. (a) The Legislature hereby finds and declares that the use
of potable domestic water for nonpotable uses, including, but not
limited to, cemeteries, golf courses, parks, highway landscaped
areas, and industrial and irrigation uses, is a waste or an
unreasonable use of the water within the meaning of Section 2 of
Article X of the California Constitution if recycled water is
available which meets all of the following conditions, as determined
by the state board, after notice to any person or entity who may be
ordered to use recycled water or to cease using potable water and a
hearing held pursuant to Article 2 (commencing with Section 648) of
Chapter 1.5 of Division 3 of Title 23 of the California Code of
Regulations:
(1) The source of recycled water is of adequate quality for these
uses and is available for these uses. In determining adequate
quality, the state board shall consider all relevant factors,
including, but not limited to, food and employee safety, and level
and types of specific constituents in the recycled water affecting
these uses, on a user-by-user basis. In addition, the state board
shall consider the effect of the use of recycled water in lieu of
potable water on the generation of hazardous waste and on the quality
of wastewater discharges subject to regional, state, or federal
permits.
(2) The recycled water may be furnished for these uses at a
reasonable cost to the user. In determining reasonable cost, the
state board shall consider all relevant factors, including, but not
limited to, the present and projected costs of supplying, delivering,
and treating potable domestic water for these uses and the present
and projected costs of supplying and delivering recycled water for
these uses, and shall find that the cost of supplying the treated
recycled water is comparable to, or less than, the cost of supplying
potable domestic water.
(3) After concurrence with the State Department of Health
Services, Public Health, the use of recycled
water from the proposed source will not be detrimental to public
health.
(4) The use of recycled water for these uses will not adversely
affect downstream water rights, will not degrade water quality, and
is determined not to be injurious to plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the
state board shall consider the impact of the cost and quality of the
nonpotable water on each individual user.
(c) The state board may require a public agency or person subject
to this article to furnish information which the state board
determines to be relevant to making the determination required in
subdivision (a).
SEC. 16. Section 13552.8 of the Water
Code is amended to read:
13552.8. (a) Any public agency, including a state agency, city,
county, city and county, district, or any other political subdivision
of the state, may require the use of recycled water in floor trap
priming, cooling towers, and air-conditioning devices, if all of the
following requirements are met:
(1) Recycled water, for these uses, is available to the user and
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
(2) The use of recycled water does not cause any loss or
diminution of any existing water right.
(3) If public exposure to aerosols, mist, or spray may occur,
appropriate mist mitigation or mist control is provided, such as the
use of mist arrestors or the addition of biocides to the water in
accordance with criteria established pursuant to Section 13521.
(4) The person intending to use recycled water has prepared an
engineering report pursuant to Section 60323 of Title 22 of the
California Code of Regulations that includes plumbing design,
cross-connection control, and monitoring requirements for the public
agency, which are in compliance with criteria established pursuant to
Section 13521.
(b) This section applies to both of the following:
(1) New industrial facilities and subdivisions for which the
building permit is issued on or after March 15, 1994, or, if a
building permit is not required, new structures for which
construction begins on or after March 15, 1994, for which the State
Department of Health Services Public Health
has approved the use of recycled water.
(2) Any structure that is retrofitted to permit the use of
recycled water for floor traps, cooling towers, or air-conditioning
devices, for which the State Department of Health Services
Public Health has approved the use of recycled
water.
(c) (1) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to any project which only involves the
repiping, redesign, or use of recycled water for floor trap priming,
cooling towers, or air-conditioning devices necessary to comply with
a requirement prescribed by a public agency under subdivision (a).
(2) The exemption in paragraph (1) does not apply to any project
to develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in this
subdivision.
SEC. 17. Section 13553.1 of the Water
Code is amended to read:
13553.1. (a) The Legislature hereby finds and declares that
certain coastal areas of the state have been using sea water to flush
toilets and urinals as a means of conserving potable water; that
this practice precludes the beneficial reuse of treated wastewater
and has had a deleterious effect on the proper wastewater treatment
process, and has led to corrosion of the sea water distribution
pipelines and wastewater collection systems; and that this situation
must be changed.
(b) There is a need for a pilot program to demonstrate that
conversion to the use of recycled water in residential buildings for
toilet and urinal flushing does not pose a threat to public health
and safety.
(c) A city that is providing a separate distribution system for
sea water for use in flushing toilets and urinals in residential
structures may, by ordinance, authorize the use of recycled water for
the flushing of toilets and urinals in residential structures if the
level of treatment and the use of the recycled water meets the
criteria set by the State Department of Health Services
Public Health .
SEC. 18. Section 13554 of the Water
Code is amended to read:
13554. (a) Any public agency, including a state agency, city,
county, city and county, district, or any other political subdivision
of the state, may require the use of recycled water for toilet and
urinal flushing in structures, except a mental hospital or other
facility operated by a public agency for the treatment of persons
with mental disorders, if all of the following requirements are met:
(1) Recycled water, for these uses, is available to the user and
meets the requirements set forth in Section 13550, as determined by
the state board after notice and a hearing.
(2) The use of recycled water does not cause any loss or
diminution of any existing water right.
(3) The public agency has prepared an engineering report pursuant
to Section 60323 of Title 22 of the California Code of Regulations
that includes plumbing design, cross-connection control, and
monitoring requirements for the use site, which are in compliance
with criteria established pursuant to Section 13521.
(b) This section applies only to either of the following:
(1) New structures for which the building permit is issued on or
after March 15, 1992, or, if a building permit is not required, new
structures for which construction begins on or after March 15, 1992.
(2) Any construction pursuant to subdivision (a) for which the
State Department of Health Services Public
Health has, prior to January 1, 1992, approved the use of
recycled water.
(c) Division 13 (commencing with Section 21000) of the Public
Resources Code does not apply to any project which only involves the
repiping, redesign, or use of recycled water by a structure necessary
to comply with a requirement issued by a public agency under
subdivision (a). This exemption does not apply to any project to
develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in this
subdivision.
SEC. 19. Section 13554.2 of the Water
Code is amended to read:
13554.2. (a) Any person or entity proposing the use of recycled
water shall reimburse the State Department of Health
Services Public Health for reasonable costs that
department actually incurs in performing duties pursuant to this
chapter.
(b) (1) Upon a request from the person or entity proposing the use
of recycled water, the State Department of Health Services
Public Health shall, within a reasonable time
after the receipt of the request, provide an estimate of the costs
that it will reasonably incur in the performance of its duties
pursuant to this chapter.
(2) For purposes of implementing subdivision (a), that department
shall maintain a record of its costs. In determining those costs,
that department may consider costs that include, but are not limited
to, costs relating to personnel requirements, materials, travel, and
office overhead. The amount of reimbursement shall be equal to, and
may not exceed, that department's actual costs.
(c) With the consent of the person or entity proposing the use of
recycled water, the State Department of Health Services
Public Health may delegate all or part of the
duties that department performs pursuant to this chapter within a
county to a local health agency authorized by the board of
supervisors to assume these duties, if, in the judgment of that
department, the local health agency can perform these duties. Any
person or entity proposing the use of recycled water shall reimburse
the local health agency for reasonable costs that the local health
agency actually incurs in the performance of its duties delegated
pursuant to this subdivision.
(d) (1) Upon a request from the person or entity proposing the use
of recycled water, the local health agency shall, within a
reasonable time after the receipt of the request, provide an estimate
of the cost it will reasonably incur in the performance of its
duties delegated under subdivision (c).
(2) The local health agency, if delegated duties pursuant to
subdivision (c), shall maintain a record of its costs that include,
but is not limited to, costs relating to personnel requirements,
materials, travel, and office overhead. The amount of reimbursement
shall be equal to, and may not exceed, the local health agency's
actual costs.
(e) The State Department of Health Services
Public Health or local health agency shall complete its
review of a proposed use of recycled water within a reasonable period
of time. That department shall submit to the person or entity
proposing the use of recycled water a written determination as to
whether the proposal submitted is complete for purposes of review
within 30 days from the date of receipt of the proposal and shall
approve or disapprove the proposed use within 30 days from the date
on which that department determines that the proposal is complete.
(f) An invoice for reimbursement of services rendered shall be
submitted to the person or entity proposing the use of recycled water
subsequent to completion of review of the proposed use, or other
services rendered, that specifies the number of hours spent by the
State Department of Health Services Public
Health or local health agency, specific tasks performed, and
other costs actually incurred. Supporting documentation, including
receipts, logs, timesheets, and other standard accounting documents,
shall be maintained by that department or local health agency and
copies, upon request, shall be provided to the person or entity
proposing the use of recycled water.
(g) For the purposes of this section, "person or entity proposing
the use of recycled water" means the producer or distributor of
recycled water submitting a proposal to the department.
SEC. 6. SEC. 20. 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.
