BILL NUMBER: AB 408	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly  Member  
Wieckowski   Members   Wieckowski,  
Logue,   and Miller 

                        FEBRUARY 14, 2011

   An act to amend  Section 25160.2 of the Health and Safety
Code    Sections 13009.6, 25160.2, and 25503.5 of the
Health and Safety Code, and to amend Section 13385 of the Water Code
 , relating to  hazardous waste   the
environment  , and declaring the urgency thereof, to take effect
immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 408, as amended, Wieckowski.  Hazardous  substances and
materials: hazardous  waste transportation: 
consolidated manifest.   water discharges.  
    (1) Existing law provides that the expense of a public agency's
emergency response to the release, escape, or burning of hazardous
substances is a charge against the person whose negligence caused the
incident, if the incident necessitated an evacuation beyond the
property of origin or results in the spread of hazardous substances
or fire beyond the property of origin. Existing law defines
"hazardous substance" for purposes of these provisions.  
   This bill would instead provide that these expenses are a charge
against the person whose negligence caused the incident if the
incident necessitated an evacuation from the building, structure,
property, or public right-of-way where the incident originates, or
the incident results in the spread of hazardous substances or fire
beyond the building, structure, property, or public right-of-way
where the incident originates. The bill would also revise the
definition of "hazardous substance" for purposes of these provisions.
 
   (1) 
    (   2)  Existing law requires any person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, to complete a manifest and establishes a
procedure for a consolidated manifest, to be used by generators and
transporters for certain types of hazardous waste. A generator using
the consolidated manifesting procedure is required to meet specified
requirements, including having an identification number. A violation
of the hazardous waste control laws is a crime.
   This bill would allow the consolidating manifesting procedure to
be used for the receipt, by a transporter, of one shipment of used
oil from a generator whose identification number has been suspended,
if certain requirements are met. The bill would provide that this
exemption would become inoperative on and after January 1, 2014. 
Since a violation of these requirements would be a crime, the bill
would impose a state-mandated local program.  
   Since a violation of the bill's requirements would be a crime, the
bill would impose a state-mandated local program.  
   (3) Existing law requires a business that handles a hazardous
material to adopt a business plan for response to the release of
hazardous materials, and to annually submit an inventory to the local
administering agency if the business handles a specified amount of
hazardous materials at any one time during the reporting year. 

   This bill would additionally require a business to adopt the plan
or inventory for specified lesser or greater amounts of various
classes of hazardous materials if the hazardous materials meet
certain requirements. The administering agency would be required to
make findings regarding the regulation of certain of these hazardous
materials in consultation with the local fire chief. The bill would
impose a state-mandated local program by imposing new duties upon
administering agencies with regard to business plans.  
    (4) Under existing law, the State Water Resources Control Board
and the California regional water quality control boards prescribe
waste discharge requirements in accordance with the federal Clean
Water Act and the Porter-Cologne Water Quality Control Act (state
act). The state act, with certain exceptions, imposes a mandatory
minimum penalty of $3,000 for each serious waste discharge violation,
as defined, and for certain other described violations if those
violations occur 4 or more times in any period of 6 consecutive
months.  
   The state act authorizes the state board or a regional board, in
lieu of assessing all or a portion of the mandatory minimum penalties
against a publicly owned treatment works (POTW) that serves a small
community, to elect to require that POTW spend an equivalent amount
toward the completion of a compliance project. The state act defines
a POTW that serves a small community to mean, in pertinent part, a
POTW serving a community of 10,000 persons or fewer.  
   This bill would expand that definition to include a POTW serving a
community of 20,000 persons or fewer.  
   (2) 
    (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 specified  reason   reasons  .

   (3) 
    (   6)  The bill would declare that it is to
take effect immediately as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 13009.6 of the  
Health and Safety Code   is amended to read: 
   13009.6.  (a) (1) Those expenses of an emergency response
necessary to protect the public from a real and imminent threat to
health and safety by a public agency to confine, prevent, or mitigate
the release, escape, or burning of hazardous substances described in
subdivision (c) are a charge against any person whose negligence
causes the incident, if either of the following occurs:
   (A) Evacuation  beyond   from  the 
building, structure,  property  , or public right-of-way
 where the incident originates is necessary to prevent loss of
life or injury.
   (B) The incident results in the spread of hazardous substances or
fire posing a real and imminent threat to public health and safety
beyond the  building, structure,  property  of
origin   , or public right-of-way where the incident
originates  .
   (2) Expenses reimbursable to a public agency under this section
are a debt of the person liable therefor, and shall be collectible in
the same manner as in the case of an obligation under contract,
express or implied.
   (3) The charge created against the person by this subdivision is
also a charge against the person's employer if the negligence causing
the incident occurs in the course of the person's employment.
   (4) The public agencies participating in an emergency response
meeting the requirements of paragraph (1) of this subdivision may
designate one or more of the participating agencies to bring an
action to recover the expenses incurred by all of the designating
agencies which are reimbursable under this section.
   (5) An action to recover expenses under this section may be joined
with any civil action for penalties, fines, injunctive, or other
relief brought against the responsible person or employer, or both,
arising out of the same incident.
   (b) There shall be deducted from any amount otherwise recoverable
under this section, the amount of any reimbursement for eligible
costs received by a public agency pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20. The amount so reimbursed may be
recovered as provided in Section 25360.
   (c) As used in this section, "hazardous substance" means any
hazardous substance listed in Section 25316  or subdivision (q)
of Section 25501  of this code  ,  or in Section 6382
of the Labor Code.
   (d) As used in this section, "mitigate" includes actions by a
public agency to monitor or model ambient levels of airborne
hazardous substances for the purpose of determining or assisting in
the determination of whether or not to evacuate areas around the
property where the incident originates, or to determine or assist in
the determination of which areas around the property where the
incident originates should be evacuated.
   SECTION 1.   SEC. 2.   Section 25160.2
of the Health and Safety Code is amended to read:
   25160.2.  (a) In lieu of the procedures prescribed by Sections
25160 and 25161, transporters and generators of hazardous waste
meeting the conditions in this section may use the consolidated
manifesting procedure set forth in subdivision (b) to consolidate
shipments of waste streams identified in subdivision (c) collected
from multiple generators onto a single consolidated manifest.
   (b) The following consolidated manifesting procedure may be used
only for non-RCRA hazardous waste or for RCRA hazardous waste that is
not required to be manifested pursuant to the federal act or the
federal regulations adopted pursuant to the federal act and
transported by a registered hazardous waste transporter, and used
only with the consent of the generator:
   (1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
   (2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
identification number, terminal address, and telephone number. The
generator's and transporter's sections shall be completed prior to
commencing each day's collections. The driver shall sign and date the
generator's and transporter's sections of the manifest.
   (3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of hazardous waste that is
received from a generator. The receipts shall be used to determine
the total volume of hazardous waste in the vehicle. After the
hazardous waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest. The transporter shall leave a
copy of the receipt with the generator of the hazardous waste. The
generator shall retain each receipt for at least three years. This
period of retention is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or
as requested by the department or a certified unified program
agency.
   (4) All copies of each receipt shall contain all of the following
information:
   (A) The name, address, identification number, contact person, and
telephone number of the generator, and the signature of the generator
or the generator's representative.
   (B) The date of the shipment.
   (C) The manifest number.
   (D) The volume or quantity of each waste stream received, its
California and RCRA waste codes, the waste stream type listed in
subdivision (c), and its proper shipping description, including the
hazardous class and United Nations/North America (UN/NA)
identification number, if applicable.
   (E) The name, address, and identification number of the authorized
facility to which the hazardous waste will be transported.
   (F) The transporter's name, address, and identification number.
   (G) The driver's signature.
   (H) A statement, signed by the generator, certifying that the
generator has established a program to reduce the volume or quantity
and toxicity of the hazardous waste to the degree, as determined by
the generator, to be economically practicable.
   (5) The transporter shall enter the total volume or quantity of
each waste stream transported on the manifest at the change of each
date, change of driver, or change of transport vehicle. The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts. In lieu of submitting a copy of each manifest used, a
facility operator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
   (6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
   (7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a certified unified
program agency.
   (8) The transporter shall submit all copies of the manifest to the
designated facility. A representative of the designated facility
that receives the hazardous waste shall sign and date the manifest,
return two copies to the transporter, retain one copy, and send the
original to the department within 30 days.
   (9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
section. If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department, the consolidated
transporter, acting as generator, shall submit a copy of the manifest
signed by the receiving facility to the department pursuant to
paragraph (3) of subdivision (b) of Section 25160.
   (10) Except as provided by subdivision (e), each generator using
the consolidated manifesting procedure shall have an identification
number, unless exempted from manifesting requirements by action of
Section 25143.13 for generators of photographic waste less than 100
kilograms per calendar month.
   (c) The consolidated manifesting procedure set forth in
subdivision (b) may be used only for the following waste streams and
in accordance with the conditions specified below for each waste
stream:
   (1) Used oil and the contents of an oil/water separator, if the
separator is a catch basin, clarifier, or similar collection device
that is used to collect water containing residual amounts of one or
more of the following: used oil, antifreeze, or other substances and
contaminants associated with activities that generate used oil and
antifreeze.
   (2) The wastes listed in subparagraph (A) may be manifested under
the procedures specified in this section only if all of the
requirements specified in subparagraphs (B) and (C) are satisfied.
   (A) Wastes eligible for consolidated manifesting:
   (i) Solids contaminated with used oil.
   (ii) Brake fluid.
   (iii) Antifreeze.
   (iv) Antifreeze sludge.
   (v) Parts cleaning solvents, including aqueous cleaning solvents.
   (vi) Hydroxide sludge contaminated solely with metals from a
wastewater treatment process.
   (vii) "Paint-related" wastes, including paints, thinners, filters,
and sludges.
   (viii) Spent photographic solutions.
   (ix) Dry cleaning solvents (including percholoroethylene, naphtha,
and silicone based solvents).
   (x) Filters, lint, and sludges contaminated with dry cleaning
solvent.
   (xi) Asbestos and asbestos-containing materials.
   (xii) Inks from the printing industry.
   (xiii) Chemicals and laboratory packs collected from K-12 schools.

   (xiv) Absorbents contaminated with other wastes listed in this
section.
   (xv) Filters from dispensing pumps for diesel and gasoline fuels.
   (xvi) Any other waste, as specified in regulations adopted by the
department.
   (B) The generator does not generate more than 1,000 kilograms per
calendar month of hazardous waste and meets the conditions of
paragraph (1) of subdivision (h) of Section 25123.3. For the purpose
of calculating the 1,000 kilograms per calendar month limit described
in this section, the generator may exclude the volume of used oil
and the contents of the oil/water separator that is managed pursuant
to paragraph (1) of subdivision (c).
   (C) (i) The generator enters into an agreement with the
transporter in which the transporter agrees that the transporter will
submit a confirmation to the generator that the hazardous waste was
transported to an authorized hazardous waste treatment facility for
appropriate treatment. The agreement may provide that the hazardous
waste will first be transported to a storage or transfer facility in
accordance with the applicable provisions of law.
   (ii) The treatment requirement specified in clause (i) does not
apply to asbestos, asbestos-containing materials, and chemicals and
laboratory packs collected from K-12 schools, or any other waste
stream for which the department determines there is no reasonably
available treatment methodology or facility. These wastes shall be
transported to an authorized facility.
   (d) Transporters using the consolidated manifesting procedure set
forth in this section shall submit quarterly reports to the
department 30 days after the end of each quarter. The first quarterly
report shall be submitted on October 31, 2002, covering the July to
September 2002 period, and every three months thereafter. Except as
otherwise specified in paragraph (1), the quarterly report shall be
submitted in an electronic format provided by the department.
   The department shall make all of the information in the quarterly
reports submitted pursuant to this subdivision available to the
public, through its usual means of disclosure, except the department
shall not disclose the association between any specific transporter
and specific generator. The list of generators served by a
transporter shall be deemed to be a trade secret and confidential
business information for purposes of Section 25173 and Section
66260.2 of Title 22 of the California Code of Regulations.
   (1) Transporters that use the consolidated manifesting procedure
for less than 1,000 tons per calendar year may apply to the
department to continue submitting paper format reports.
   (2) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each consolidated
manifest:
   (A) The name, address, and identification number, the contact
persons's name, and the telephone number of each generator.
   (B) The date of the shipment.
   (C) The manifest number.
   (D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category listed
in subdivision (c).
   (e) (1) Notwithstanding paragraph (10) of subdivision (a), the
consolidated manifesting procedure may be used for the receipt, by a
transporter, of one shipment of used oil from a generator whose
identification number has been suspended for a violation of Section
25205.16, if all of the following requirements are met:
   (A) The transporter verifies that the identification number was
suspended for a violation of Section 25205.16.
   (B) The generator notifies the department within 24 hours that the
transporter accepted the shipment.
   (C) The transporter notifies the department within 24 hours that
it accepted the shipment from the generator.
   (D) The generator complies with Section 25205.16 within 30 days
from the date the transporter accepts the shipment.
   (2) This subdivision shall become inoperative on and after January
1, 2014. 
  SEC. 2.    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. 
   SEC. 3.    Section 25503.5 of the   Health
and Safety Code   is amended to read: 
   25503.5.  (a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards prescribed in the
regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:
   (A)  Equal   Except as provided in
subparagraphs (C), (D), or (F)   , equal   
to, or greater than, a total weight of 500 pounds or a total volume
of 55 gallons.
   (B)  Equal   Except as provided in
subparagraphs (E) or (F), equal  to, or greater than, 200 cubic
feet at standard temperature and pressure, if the substance is
compressed gas. 
   (C) The threshold planning quantity, under both of the following
conditions:  
   (i) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.  
   (ii) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.  
   (D) A total weight of 5,000 pounds, if the hazardous material is a
solid or liquid substance that is classified as a hazard for
purposes of Section 5194 of Title 8 of the California Code of
Regulations solely as an irritant or sensitizer, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.  
   (E) (i) A total of 1,000 cubic feet, if the hazardous material is
a gas at standard temperature and pressure and is classified as a
hazard for the purposes of Section 5194 of Title 8 of the California
Code of Regulations solely as a compressed gas, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.  
   (ii) The hazardous materials subject to this subparagraph include
a gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.  
   (iii) The hazardous materials subject to this subparagraph do not
include gases in a cryogenic state.  
   (C) 
    (F)    If the substance is a radioactive
material, it is handled in quantities for which an emergency plan is
required to be adopted pursuant to Part 30 (commencing with Section
30.1), Part 40 (commencing with Section 40.1), or Part 70 (commencing
with Section 70.1), of Chapter 1 of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state in
accordance with those regulations.
   (2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to
Section 25503.4. 
   (3) The administering agency shall make the findings required by
subparagraphs (D) and (E) of paragraph (1) in consultation with the
local fire chief. 
   (b) (1) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or
place of business in quantities of not more than 1,000 cubic feet of
each material at any one time, are exempt from this section and from
Section 25505. The administering agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
   (2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
   (B) For purposes of this paragraph, "lubricating oil" means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
   (c) (1) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this  chapter
  article  unless the administering agency has
found, and has provided notice to the business handling the product,
that the handling of certain quantities of the product requires the
submission of a business plan, or any portion thereof, in response to
public health, safety, or environmental concerns.
   (2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions of
this  chapter   article  any hazardous
substance specified in subdivision  (p)   (q)
 of Section 25501 if the administering agency finds that the
hazardous substance would not pose a present or potential danger to
the environment or to human health and safety if the hazardous
substance was released into the environment. The administering agency
shall specify in writing the basis for granting any exemption under
this paragraph. The administering agency shall send a notice to the
agency within five days from the effective date of any exemption
granted pursuant to this paragraph.
   (3) The administering agency, upon application by a handler, may
exempt the handler, under conditions that the administering agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment or affect the ability of the administering agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
   (4) The administering agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
 chapter   article  upon proof that the
material does not pose a significant present or potential hazard to
human health and safety or to the environment if released into the
workplace or environment. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
   (5) An administering agency shall exempt a business operating a
farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and (c)
of Section 25504 if all of the following requirements are met:
   (A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.
   (B) Each building in which hazardous materials subject to this
 chapter   article  are stored is posted
with signs, in accordance with regulations that the agency shall
adopt, that provide notice of the storage of any of the following:
   (i) Pesticides.
   (ii) Petroleum fuels and oil.
   (iii) Types of fertilizers.
   (C) Each county agricultural commissioner forwards the inventory
to the administering agency within 30 days from the date of receipt
of the inventory.
   (6) The administering agency shall exempt a business operating an
unstaffed remote facility located in an isolated sparsely populated
area from the hazardous materials business plan and inventory
requirements of this article if the facility is not otherwise subject
to the requirements of applicable federal law, and all of the
following requirements are met:
   (A) The types and quantities of materials onsite are limited to
one or more of the following:
   (i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
   (ii) Five hundred gallons of combustible liquid used as a fuel
source.
   (iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.
   (iv) Five hundred gallons of lubricating and hydraulic fluids.
   (v) One thousand two hundred gallons of flammable gas used as a
fuel source.
   (B) The facility is secured and not accessible to the public.
   (C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
   (D) A one-time notification and inventory are provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
   (E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the administering agency to reflect the change, along with a
processing fee, in lieu of the existing fee, that does not exceed the
actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
   (F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
   (G) The administering agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist such that development and maintenance of the
business plan and inventory are necessary to protect public health
and safety and the environment.
   (d)  Onpremise   On-premise  use,
storage, or both, of propane in an amount not to exceed 300 gallons
that is for the sole purpose of heating the employee working areas
within that business is exempt from this section, unless the
administering agency finds, and provides notice to the business
handling the propane, that the handling of the on-premise propane
requires the submission of a business plan, or any portion thereof,
in response to public health, safety, or environmental concerns.
   (e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
   (f) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (4) of subdivision (c).
   SEC. 4.    Section 13385 of the   Water Code
  is amended to read: 
   13385.  (a) A person who violates any of the following 
shall be   is  liable civilly in accordance with
this section:
   (1) Section 13375 or 13376.
   (2) A waste discharge requirement or dredged or fill material
permit issued pursuant to this chapter or any water quality
certification issued pursuant to Section 13160.
   (3) A requirement established pursuant to Section 13383.
   (4) An order or prohibition issued pursuant to Section 13243 or
Article 1 (commencing with Section 13300) of Chapter 5, if the
activity subject to the order or prohibition is subject to regulation
under this chapter.
   (5) A requirement of Section 301, 302, 306, 307, 308, 318, 401, or
405 of the  federal  Clean Water Act  (33 U.S.C. Sec.
1311, 1312, 1316, 1317,
1318, 1341, or 1342)  , as amended.
   (6) A requirement imposed in a pretreatment program approved
pursuant to waste discharge requirements issued under Section 13377
or approved pursuant to a permit issued by the administrator.
   (b)  (1)    Civil liability may be imposed by
the superior court in an amount not to exceed the sum of both of the
following: 
   (1) 
    (A)  Twenty-five thousand dollars ($25,000) for each day
in which the violation occurs. 
   (2) Where 
    (B)     If  there is a discharge, any
portion of which is not susceptible to cleanup or is not cleaned up,
and the volume discharged but not cleaned up exceeds 1,000 gallons,
an additional liability not to exceed twenty-five dollars ($25)
multiplied by the number of gallons by which the volume discharged
but not cleaned up exceeds 1,000 gallons. 
   The 
    (2)     The  Attorney General, upon
request of a regional board or the state board, shall petition the
superior court to impose the liability.
   (c) Civil liability may be imposed administratively by the state
board or a regional board pursuant to Article 2.5 (commencing with
Section 13323) of Chapter 5 in an amount not to exceed the sum of
both of the following:
   (1) Ten thousand dollars ($10,000) for each day in which the
violation occurs.
   (2)  Where   If  there is a discharge,
any portion of which is not susceptible to cleanup or is not cleaned
up, and the volume discharged but not cleaned up exceeds 1,000
gallons, an additional liability not to exceed ten dollars ($10)
multiplied by the number of gallons by which the volume discharged
but not cleaned up exceeds 1,000 gallons.
   (d) For purposes of subdivisions (b) and (c), "discharge" includes
any discharge to navigable waters of the United States, any
introduction of pollutants into a publicly owned treatment works, or
any use or disposal of sewage sludge.
   (e) In determining the amount of any liability imposed under this
section, the regional board, the state board, or the superior court,
as the case may be, shall take into account the nature,
circumstances, extent, and gravity of the violation or violations,
whether the discharge is susceptible to cleanup or abatement, the
degree of toxicity of the discharge, and, with respect to the
violator, the ability to pay, the effect on its ability to continue
its business, any voluntary cleanup efforts undertaken, any prior
history of violations, the degree of culpability, economic benefit or
savings, if any, resulting from the violation, and other matters
that justice may require. At a minimum, liability shall be assessed
at a level that recovers the economic benefits, if any, derived from
the acts that constitute the violation.
   (f) (1) Except as provided in paragraph (2), for the purposes of
this section, a single operational upset that leads to simultaneous
violations of more than one pollutant parameter shall be treated as a
single violation.
   (2) (A) For the purposes of subdivisions (h) and (i), a single
operational upset in a wastewater treatment unit that treats
wastewater using a biological treatment process shall be treated as a
single violation, even if the operational upset results in
violations of more than one effluent limitation and the violations
continue for a period of more than one day, if all of the following
apply:
   (i) The discharger demonstrates all of the following:
   (I) The upset was not caused by wastewater treatment operator
error and was not due to discharger negligence.
   (II) But for the operational upset of the biological treatment
process, the violations would not have occurred nor would they have
continued for more than one day.
   (III) The discharger carried out all reasonable and immediately
feasible actions to reduce noncompliance with the applicable effluent
limitations.
   (ii) The discharger is implementing an approved pretreatment
program, if so required by federal or state law.
   (B) Subparagraph (A) only applies to violations that occur during
a period for which the regional board has determined that violations
are unavoidable, but in no case may that period exceed 30 days.
   (g) Remedies under this section are in addition to, and do not
supersede or limit, any other remedies, civil or criminal, except
that no liability shall be recoverable under Section 13261, 13265,
13268, or 13350 for violations for which liability is recovered under
this section.
   (h) (1) Notwithstanding any other provision of this division, and
except as provided in subdivisions (j), (k), and (  l  ), a
mandatory minimum penalty of three thousand dollars ($3,000) shall be
assessed for each serious violation.
   (2) For the purposes of this section, a "serious violation" means
any waste discharge that violates the effluent limitations contained
in the applicable waste discharge requirements for a Group II
pollutant, as specified in Appendix A to Section 123.45 of Title 40
of the Code of Federal Regulations, by 20 percent or more or for a
Group I pollutant, as specified in Appendix A to Section 123.45 of
Title 40 of the Code of Federal Regulations, by 40 percent or more.
   (i) (1) Notwithstanding any other provision of this division, and
except as provided in subdivisions (j), (k), and (  l  ), a
mandatory minimum penalty of three thousand dollars ($3,000) shall be
assessed for each violation  whenever   if
 the person does any of the following four or more times in any
period of six consecutive months, except that the requirement to
assess the mandatory minimum penalty shall not be applicable to the
first three violations:
   (A) Violates a waste discharge requirement effluent limitation.
   (B) Fails to file a report pursuant to Section 13260.
   (C) Files an incomplete report pursuant to Section 13260.
   (D) Violates a toxicity effluent limitation contained in the
applicable waste discharge requirements where the waste discharge
requirements do not contain pollutant-specific effluent limitations
for toxic pollutants.
   (2) For the purposes of this section, a "period of six consecutive
months" means the period commencing on the date that one of the
violations described in this subdivision occurs and ending 180 days
after that date.
   (j) Subdivisions (h) and (i) do not apply to any of the following:

   (1) A violation caused by one or any combination of the following:

   (A) An act of war.
   (B) An unanticipated, grave natural disaster or other natural
phenomenon of an exceptional, inevitable, and irresistible character,
the effects of which could not have been prevented or avoided by the
exercise of due care or foresight.
   (C) An intentional act of a third party, the effects of which
could not have been prevented or avoided by the exercise of due care
or foresight.
   (D) (i) The operation of a new or reconstructed wastewater
treatment unit during a defined period of adjusting or testing, not
to exceed 90 days for a wastewater treatment unit that relies on a
biological treatment process and not to exceed 30 days for any other
wastewater treatment unit, if all of the following requirements are
met:
   (I) The discharger has submitted to the regional board, at least
30 days in advance of the operation, an operations plan that
describes the actions the discharger will take during the period of
adjusting and testing, including steps to prevent violations and
identifies the shortest reasonable time required for the period of
adjusting and testing, not to exceed 90 days for a wastewater
treatment unit that relies on a biological treatment process and not
to exceed 30 days for any other wastewater treatment unit.
   (II) The regional board has not objected in writing to the
operations plan.
   (III) The discharger demonstrates that the violations resulted
from the operation of the new or reconstructed wastewater treatment
unit and that the violations could not have reasonably been avoided.
   (IV) The discharger demonstrates compliance with the operations
plan.
   (V) In the case of a reconstructed wastewater treatment unit, the
unit relies on a biological treatment process that is required to be
out of operation for at least 14 days in order to perform the
reconstruction, or the unit is required to be out of operation for at
least 14 days and, at the time of the reconstruction, the cost of
reconstructing the unit exceeds 50 percent of the cost of replacing
the wastewater treatment unit.
   (ii) For the purposes of this section, "wastewater treatment unit"
means a component of a wastewater treatment plant that performs a
designated treatment function.
   (2) (A) Except as provided in subparagraph (B), a violation of an
effluent limitation where the waste discharge is in compliance with
either a cease and desist order issued pursuant to Section 13301 or a
time schedule order issued pursuant to Section 13300, if all of the
following requirements are met:
   (i) The cease and desist order or time schedule order is issued
after January 1, 1995, but not later than July 1, 2000, specifies the
actions that the discharger is required to take in order to correct
the violations that would otherwise be subject to subdivisions (h)
and (i), and the date by which compliance is required to be achieved
and, if the final date by which compliance is required to be achieved
is later than one year from the effective date of the cease and
desist order or time schedule order, specifies the interim
requirements by which progress  towards   toward
 compliance will be measured and the date by which the
discharger will be in compliance with each interim requirement.
   (ii) The discharger has prepared and is implementing in a timely
and proper manner, or is required by the regional board to prepare
and implement, a pollution prevention plan that meets the
requirements of Section 13263.3.
   (iii) The discharger demonstrates that it has carried out all
reasonable and immediately feasible actions to reduce noncompliance
with the waste discharge requirements applicable to the waste
discharge and the executive officer of the regional board concurs
with the demonstration.
   (B) Subdivisions (h) and (i) shall become applicable to a waste
discharge on the date the waste discharge requirements applicable to
the waste discharge are revised and reissued pursuant to Section
13380, unless the regional board does all of the following on or
before that date:
   (i) Modifies the requirements of the cease and desist order or
time schedule order as may be necessary to make it fully consistent
with the reissued waste discharge requirements.
   (ii) Establishes in the modified cease and desist order or time
schedule order a date by which full compliance with the reissued
waste discharge requirements shall be achieved. For the purposes of
this subdivision, the regional board may not establish this date
later than five years from the date the waste discharge requirements
were required to be reviewed pursuant to Section 13380. If the
reissued waste discharge requirements do not add new effluent
limitations or do not include effluent limitations that are more
stringent than those in the original waste discharge requirements,
the date shall be the same as the final date for compliance in the
original cease and desist order or time schedule order or five years
from the date that the waste discharge requirements were required to
be reviewed pursuant to Section 13380, whichever is earlier.
   (iii) Determines that the pollution prevention plan required by
clause (ii) of subparagraph (A) is in compliance with the
requirements of Section 13263.3 and that the discharger is
implementing the pollution prevention plan in a timely and proper
manner.
   (3) A violation of an effluent limitation where the waste
discharge is in compliance with either a cease and desist order
issued pursuant to Section 13301 or a time schedule order issued
pursuant to Section 13300 or 13308, if all of the following
requirements are met:
   (A) The cease and desist order or time schedule order is issued on
or after July 1, 2000, and specifies the actions that the discharger
is required to take in order to correct the violations that would
otherwise be subject to subdivisions (h) and (i).
   (B) The regional board finds that, for one of the following
reasons, the discharger is not able to consistently comply with one
or more of the effluent limitations established in the waste
discharge requirements applicable to the waste discharge:
   (i) The effluent limitation is a new, more stringent, or modified
regulatory requirement that has become applicable to the waste
discharge after the effective date of the waste discharge
requirements and after July 1, 2000, new or modified control measures
are necessary in order to comply with the effluent limitation, and
the new or modified control measures cannot be designed, installed,
and put into operation within 30 calendar days.
   (ii) New methods for detecting or measuring a pollutant in the
waste discharge demonstrate that new or modified control measures are
necessary in order to comply with the effluent limitation and the
new or modified control measures cannot be designed, installed, and
put into operation within 30 calendar days.
   (iii) Unanticipated changes in the quality of the municipal or
industrial water supply available to the discharger are the cause of
unavoidable changes in the composition of the waste discharge, the
changes in the composition of the waste discharge are the cause of
the inability to comply with the effluent limitation, no alternative
water supply is reasonably available to the discharger, and new or
modified measures to control the composition of the waste discharge
cannot be designed, installed, and put into operation within 30
calendar days.
   (iv) The discharger is a publicly owned treatment works located in
Orange County that is unable to meet effluent limitations for
biological oxygen demand, suspended solids, or both, because the
publicly owned treatment works meets all of the following criteria:
   (I) Was previously operating under modified secondary treatment
requirements pursuant to Section 301(h) of the  federal 
Clean Water Act (33 U.S.C. Sec. 1311(h)).
   (II) Did vote on July 17, 2002, not to apply for a renewal of the
modified secondary treatment requirements.
   (III) Is in the process of upgrading its treatment facilities to
meet the secondary treatment standards required by Section 301(b)(1)
(B) of the  federal  Clean Water Act (33 U.S.C. Sec. 1311(b)
(1)(B)).
   (C) (i) The regional board establishes a time schedule for
bringing the waste discharge into compliance with the effluent
limitation that is as short as possible, taking into account the
technological, operational, and economic factors that affect the
design, development, and implementation of the control measures that
are necessary to comply with the effluent limitation. Except as
provided in clause (ii), for the purposes of this subdivision, the
time schedule shall not exceed five years in length.
   (ii) (I) For purposes of the upgrade described in subclause (III)
of clause (iv) of subparagraph (B), the time schedule shall not
exceed 10 years in length.
   (II) Following a public hearing, and upon a showing that the
discharger is making diligent progress toward bringing the waste
discharge into compliance with the effluent limitation, the regional
board may extend the time schedule for an additional period not
exceeding five years in length, if the discharger demonstrates that
the additional time is necessary to comply with the effluent
limitation. This subclause does not apply to a time schedule
described in subclause (I).
   (iii) If the time schedule exceeds one year from the effective
date of the order, the schedule shall include interim requirements
and the dates for their achievement. The interim requirements shall
include both of the following:
   (I) Effluent limitations for the pollutant or pollutants of
concern.
   (II) Actions and milestones leading to compliance with the
effluent limitation.
   (D) The discharger has prepared and is implementing in a timely
and proper manner, or is required by the regional board to prepare
and implement, a pollution prevention plan pursuant to Section
13263.3.
   (k) (1) In lieu of assessing all or a portion of the mandatory
minimum penalties pursuant to subdivisions (h) and (i) against a
publicly owned treatment works serving a small community, the state
board or the regional board may elect to require the publicly owned
treatment works to spend an equivalent amount  towards
  toward  the completion of a compliance project
proposed by the publicly owned treatment works, if the state board or
the regional board finds all of the following:
   (A) The compliance project designed to correct the violations
within five years.
   (B) The compliance project is in accordance with the enforcement
policy of the state board, excluding any provision in the policy that
is inconsistent with this section.
   (C) The publicly owned treatment works has prepared a financing
plan to complete the compliance project.
   (2)  For the purposes of this subdivision, "a publicly owned
treatment works serving a small community" means a publicly owned
treatment works serving a population of  10,000 
 20,000  persons or fewer or a rural county, with a
financial hardship as determined by the state board after considering
such factors as median income of the residents, rate of
unemployment, or low population density in the service area of the
publicly owned treatment works.
   (l) (1) In lieu of assessing penalties pursuant to subdivision (h)
or (i), the state board or the regional board, with the concurrence
of the discharger, may direct a portion of the penalty amount to be
expended on a supplemental environmental project in accordance with
the enforcement policy of the state board. If the penalty amount
exceeds fifteen thousand dollars ($15,000), the portion of the
penalty amount that may be directed to be expended on a supplemental
environmental project may not exceed fifteen thousand dollars
($15,000) plus 50 percent of the penalty amount that exceeds fifteen
thousand dollars ($15,000).
   (2) For the purposes of this section, a "supplemental
environmental project" means an environmentally beneficial project
that a person agrees to undertake, with the approval of the regional
board, that would not be undertaken in the absence of an enforcement
action under this section.
   (3) This subdivision applies to the imposition of penalties
pursuant to subdivision (h) or (i) on or after January 1, 2003,
without regard to the date on which the violation occurs.
   (m) The Attorney General, upon request of a regional board or the
state board, shall petition the appropriate court to collect any
liability or penalty imposed pursuant to this section. Any person who
fails to pay on a timely basis any liability or penalty imposed
under this section shall be required to pay, in addition to that
liability or penalty, interest, attorney's fees, costs for collection
proceedings, and a quarterly nonpayment penalty for each quarter
during which the failure to pay persists. The nonpayment penalty
shall be in an amount equal to 20 percent of the aggregate amount of
the person's penalty and nonpayment penalties that are unpaid as of
the beginning of the quarter.
   (n) (1) Subject to paragraph (2), funds collected pursuant to this
section shall be deposited in the State Water Pollution Cleanup and
Abatement Account.
   (2) (A) Notwithstanding any other provision of law, moneys
collected for a violation of a water quality certification in
accordance with paragraph (2) of subdivision (a) or for a violation
of Section 401 of the  federal  Clean Water Act (33 U.S.C.
Sec. 1341) in accordance with paragraph (5) of subdivision (a) shall
be deposited in the Waste Discharge Permit Fund and separately
accounted for in that fund.
   (B) The funds described in subparagraph (A) shall be expended by
the state board, upon appropriation by the Legislature, to assist
regional boards, and other public agencies with authority to clean up
waste or abate the effects of the waste, in cleaning up or abating
the effects of the waste on waters of the state or for the purposes
authorized in Section 13443.
   (o) The state board shall continuously report and update
information on its Internet Web site, but at a minimum, annually on
or before January 1, regarding its enforcement activities. The
information shall include all of the following:
   (1) A compilation of the number of violations of waste discharge
requirements in the previous calendar year, including stormwater
enforcement violations.
   (2) A record of the formal and informal compliance and enforcement
actions taken for each violation, including stormwater enforcement
actions.
   (3) An analysis of the effectiveness of current enforcement
policies, including mandatory minimum penalties.
   (p) The amendments made to subdivisions (f), (h), (i), and (j)
during the second year of the 2001-02 Regular Session apply only to
violations that occur on or after January 1, 2003.
   SEC. 5.    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, or because the
costs may be incurred by a local agency or school district 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. 
   SEC. 3.   SEC. 6.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure that the hazardous waste laws and regulations
are fully complied with as soon as possible,  and to make other
changes relating to emergency response, the handling of  
hazardous materials, and the enforcement of waste discharge
requirements,  thereby protecting the public health and safety
and the environment, it is necessary that this act take effect
immediately.