BILL NUMBER: AB 408 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 13, 2011
AMENDED IN ASSEMBLY APRIL 12, 2011
INTRODUCED BY Assembly Members Wieckowski, Logue, and Miller
FEBRUARY 14, 2011
An act to amend 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 the environment Sections 13009.6,
25160.2, 25210.6, 25404, 25404.2, 25503.5, 25509, and 25509.2 of the
Health and Safety Code, relating to hazardous substances , 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: water discharges.
transportation.
(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.
(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.
(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.
The bill would make conforming changes regarding the California
Fire Code to provisions regarding the unified hazardous waste and
hazardous materials management regulatory program and the business
plan requirements.
(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 reasons.
(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 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, 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.
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.
(e) (1) A transporter may accept and include on a consolidated
manifest a maximum of one shipment of used oil from a generator whose
identification number has been suspended for a violation of Section
25205.16.
(2) If a transporter accepts a shipment of used oil pursuant to
paragraph (1), the transporter shall do both of the following:
(A) Verify that the generator's identification number was
suspended for a violation of Section 25205.16.
(B) Notify the department within 24 hours that it accepted the
shipment from the generator.
(3) If a generator offers a shipment of used oil to a transporter
pursuant to paragraph (1), the generator shall do both of the
following:
(A) Notify the department within 24 hours that a transporter
accepted a shipment.
(B) Comply with Section 25205.16 within 30 days from the date the
transporter accepted the shipment.
(4) This subdivision shall become inoperative on and after January
1, 2014.
SEC. 3. Section 25210.6 of the Health
and Safety Code is amended to read:
25210.6. (a) On or before December 31, 2005, the department shall
adopt regulations specifying the best management practices for a
person managing perchlorate materials. These practices may include,
but are not limited to, all of the following:
(1) Procedures for documenting the amount of perchlorate materials
managed by the facility.
(2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
response procedures.
(b) (1) The department shall consult with the State Air Resources
Board, the Office of Environmental Health Hazard Assessment, the
State Water Resources Control Board, the California Emergency
Management Agency, the State Fire Marshal, and the California
certified unified program agencies forum before adopting regulations
pursuant to subdivision (a).
(2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and
local laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.
(3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the
existing requirements of Chapter 6.95 (commencing with Section 25500)
and the Uniform California Fire Code
governing the management of perchlorate materials.
(c) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the regulations
promulgated pursuant to subdivision (a).
SEC. 4. Section 25404 of the Health and
Safety Code is amended to read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the Uniform California
Fire Code or the Uniform California
Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that
are applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of
Section 80.103 Sections 2701.5.1 and 2701.5.2 of
the Uniform California Fire Code, as
adopted by the State Fire Marshal pursuant to Section 13143.9
concerning hazardous material management plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish
standards applicable to CUPAs, participating agencies, state
agencies, and businesses specifying the data to be collected and
submitted by unified program agencies in administering the programs
listed in subdivision (c). Those standards shall incorporate any
standard developed under Section 25503.3.
(2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency. The information initially included in the
statewide information management system shall include, but is not
limited to, the hazardous materials inventory information required to
be submitted pursuant to Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 5. Section 25404.2 of the Health
and Safety Code is amended to read:
25404.2. (a) The unified program agencies in each jurisdiction
shall do all of the following:
(1) (A) The certified unified program agency shall develop and
implement a procedure for issuing, to a unified program facility, a
unified program facility permit which that
would replace any permit required by Section 25284 and any
permit or authorization required under any local ordinance or
regulation relating to the generation or handling of hazardous waste
or hazardous materials, but which that
would not replace a permit issued pursuant to a local ordinance
which that incorporates provisions of
the Uniform California Fire Code and
Uniform California Building Code.
(B) The unified program facility permit, and, if applicable, an
authorization to operate pursuant to a permit-by-rule, conditional
authorization, or conditional exemption, pursuant to Chapter 6.5
(commencing with Section 25100) or the regulations adopted by the
department, are the only grants of authorization required under the
unified program elements specified in subdivision (c) of Section
25404.
(C) The unified program agencies shall enforce the elements of a
unified program facility permit in the same manner as the permits
replaced by the unified program facility permit would be enforced.
(D) If a unified program facility is operating pursuant to the
applicable grants of authorization which that
would otherwise be included in a unified program facility
permit for the activities in which the facility is engaged, the
unified program agencies shall not require that unified program
facility to obtain a unified program facility permit as a condition
of operating pursuant to the unified program elements specified in
subdivision (c) of Section 25404 and any permit or authorization
required under any local ordinance or regulation relating to the
generation or handling of hazardous waste or hazardous materials.
(E) This subparagraph applies to unified program facilities
which that have existing, not yet
expired, grants of authorization for some, but not all, of the
authorization requirements encompassed in the unified program
facility permit. When issuing a unified program facility permit to
such a unified program facility, the unified program agency shall
incorporate, by reference, into the unified program facility permit
any of the facility's existing, not yet expired, grants of
authorization.
(2) To the maximum extent feasible within statutory constraints,
the certified unified program agency, in conjunction with
participating agencies, shall consolidate, coordinate, and make
consistent any local or regional regulations, ordinances,
requirements, or guidance documents related to the implementation of
the provisions specified in subdivision (c) of
Section 25404 or pursuant to any regional or local ordinance or
regulation pertaining to hazardous waste or hazardous materials. This
paragraph does not affect the authority of a unified program agency
with regard to the preemption of the unified program agency's
authority under state law.
(3) The certified unified program agency, in conjunction with
participating agencies, shall develop and implement a single, unified
inspection and enforcement program to ensure coordinated, efficient,
and effective enforcement of the provisions specified in
subdivision (c) of Section 25404, and any local ordinance
or regulation pertaining to the handling of hazardous waste or
hazardous materials.
(4) The certified unified program agency, in conjunction with
participating agencies, shall coordinate, to the maximum extent
feasible, the single, unified inspection and enforcement program with
the inspection and enforcement program of other federal, state,
regional, and local agencies which that
affect facilities regulated by the unified program. This paragraph
does not prohibit the unified program agencies, or any other agency,
from conducting inspections, or from undertaking any other
enforcement-related activity, without giving prior notice to the
regulated entity, except where if the
prior notice is otherwise required by law.
(b) An employee or authorized representative of a unified program
agency or a state agency acting pursuant to this chapter has the
authority specified in Section 25185, with respect to the premises of
a handler, and in Section 25185.5, with respect to real property
which that is within 2,000 feet of the
premises of a handler, except that this authority shall include
inspections concerning hazardous material, in addition to hazardous
waste.
(c) Each air quality management district or air pollution control
district, each publicly owned treatment works, and each office,
board, and department within the California Environmental Protection
Agency, shall coordinate, to the maximum extent feasible, those
aspects of its inspection and enforcement program which
that affect facilities regulated by the unified
program with the inspection and enforcement programs of each
certified unified program agency.
(d) The certified unified program agency, in conjunction with
participating agencies, may incorporate, as part of the unified
program within its jurisdiction, the implementation and enforcement
of laws which that the unified program
agencies are authorized to implement and enforce, other than those
specified in subdivision (c) of Section 25404, if that incorporation
will not impair the ability of the unified program agencies to fully
implement the requirements of subdivision (a).
(e) (1) The withdrawal of an application for a unified program
facility permit after it has been filed with the unified program
agency shall not, unless the unified program agency consents in
writing to the withdrawal, deprive the unified program agencies of
their authority to institute or continue a proceeding against the
applicant for the denial of the unified program facility permit upon
any ground provided by law, and such a this
withdrawal shall not affect the authority of the unified
program agencies to institute or continue a proceeding against the
applicant pertaining to any violation of the requirements specified
in subdivision (c) of Section 25404 or of any local ordinance or
regulation relating to the generation or handling of hazardous waste
or hazardous materials.
(2) The suspension, expiration, or forfeiture by operation of law
of a unified program facility permit, or its suspension, forfeiture,
or cancellation by the unified program agency or by order of a court,
or its surrender or attempted or actual transfer without the written
consent of the unified program agency shall not affect the authority
of the unified program agencies to institute or continue a
disciplinary proceeding against the holder of a unified program
facility permit upon any ground, or otherwise taking an action
against the holder of a unified program facility permit on these
grounds.
SEC. 3. SEC. 6. 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) 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) 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.
(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 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 article any hazardous substance specified in subdivision (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
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
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) 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 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:
(A) Twenty-five thousand dollars ($25,000) for each day in which
the violation occurs.
(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.
(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) 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 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 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 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 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. 7. Section 25509 of the Health and
Safety Code is amended to read:
25509. (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled
in quantities equal to or greater than the quantities specified in
subdivision (a) of Section 25503.5:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum and
minimum concentrations, of every hazardous waste handled by the
business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business which that is
not otherwise listed pursuant to paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) which that is handled at any one
time by the business over the course of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC Code number of the business if applicable.
(7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 80.103
2701.5.2 of the Uniform
California Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9, the business shall also file the
addendum required by Section 25503.9 with the administering agency.
(c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.
(d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code, as that section read on January 1, 1989, or as it
may be subsequently amended.
(2) The agency may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(e) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, there is a determination that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivision (d) shall
not apply.
SEC. 8. Section 25509.2 of the Health
and Safety Code is amended to read:
25509.2. (a) The Legislature hereby finds and declares all of the
following:
(1) Persons attempting to do business in this state are
increasingly experiencing excessive and duplicative regulatory
requirements at different levels of government.
(2) To streamline and ease the regulatory burdens of doing
business in this state, compliance with the hazardous materials
release response plans and inventory requirements of this chapter
shall also suffice to meet the requirements of the Uniform
California Fire Code with regard to the
requirement for a hazardous materials management plan and hazardous
materials inventory statement, as set forth in Article 80
Chapter 27 of the Uniform
California Fire Code and its appendices.
(3) Businesses which are required to comply with this chapter do
so on one form, with one fee and one inspection. The administering
agency shall forward the data collected, within 15 days of receipt
and confirmation, with other local agencies in a format easily
interpreted by those agencies with shared responsibilities for
protection of the public health and safety and the environment.
(4) Enforcement of this chapter and the Uniform
California Fire Code shall be coordinated.
(b) Notwithstanding Section 13143.9, and any standards and
regulations adopted pursuant to that section, any
a business which that files
the annual inventory form in compliance with this article, including
the addendum adopted pursuant to Section 25503.9, as required by the
local fire chief to comply with subdivision (c) of
Section 80.103 2701.5.2 of the
Uniform California Fire Code, as
adopted by the State Fire Marshal pursuant to Section 13143.9, shall
be deemed to have met the requirements of subdivision (c)
of Section 80.103 2701.5.2 of
the Uniform California Fire Code, as
adopted by the State Fire Marshal pursuant to Section 13143.9.
(c) Notwithstanding Section 13143.9, and any standards and
regulations adopted pursuant to that section, any
a business which that
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25503.5, shall be deemed to have met the
requirements of subdivision (b) of Section
80.103 2701.5.1 of the Uniform
California Fire Code, as adopted by the State
Fire Marshal pursuant to Section 13143.9.
(d) Except for the addendum required by the local fire chief, the
administering agency shall be the sole enforcement agency for
purposes of determining compliance pursuant to subdivisions (b) and
(c).
(e) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the Uniform California
Fire Code.
SEC. 5. SEC. 9. 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. 6. SEC. 10. 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, materials, and the unified program,
thereby protecting the public health and safety and the
environment, it is necessary that this act take effect immediately.
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