Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1329

Introduced by Assembly Member V. Manuel Pérez

February 22, 2013

An act begin insert to amend Sections 25135.9, 25161, 25162, 25178, 25186, 25200, and 25200.5 of, and to add Sections 25117.3, 25122.10, 25135.10, 25135.11, and 25150.9 to, the Health and Safety Code, end insert relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1329, as amended, V. Manuel Pérez. Hazardous waste: environmental justice.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law requires the California Environmental Protection Agency to develop a strategy for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice, as defined, and requires each board, department, and office within the agency to review its programs, policies, and activities and identify and address any gaps in its existing programs, policies, or activities that may impede the achievement of environmental justice. begin delete Existing end delete

begin insert

Existing law requires the Department of Toxic Substances Control to prepare and adopt a state hazardous waste management plan by November 30, 1991, and to revise the plan at least once every 3 years. The state plan is required to be prepared in conjunction with, and take into account, certain local hazardous waste management plans.

end insert begin insert

This bill would instead require the department to prepare and adopt, by January 1, 2016, a state hazardous waste management plan to address the matter of environmental justice in the management of hazardous waste and to serve as a comprehensive and enforceable planning document for the state. The bill would specify the elements required to be included in the plan and would require the plan to be reviewed and revised, as specified. The bill would require the Director of Toxic Substances Control to approve the plan and to submit the plan to specified committees of the Legislature.

end insert begin insert

The bill would require the department to adopt regulations to ensure that minority populations and low-income populations are not disproportionately impacted by the adverse human health, social, economic, and environmental effects of the hazardous waste managed pursuant to the hazardous waste control law. Since a violation of the regulations adopted pursuant to the hazardous waste control law is a crime, the bill would impose a state-mandated local program. The bill would allow a person to commence a civil action on that persons’s own behalf against a person who is alleged to be in violation of those regulations or alleging a failure by the department to perform an act or duty pursuant to specified provisions.

end insert

begin insert (2) end insert begin insert   end insert begin insert Existing end insert law prohibits a person from accepting, treating, storing, or disposing of hazardous waste unless the person holds a hazardous waste facilities permit or authorization, or is operating under a permit-by-rule or a grant of conditional authorization or conditional exemption. begin insert The department is required to issue a hazardous waste facilities permit to a facility that, in the judgment of the department, meets specified requirements. The permit is required to be issued for a fixed term and existing law specifies a procedure for the extension of that term. Existing law provides for the enforcement of the hazardous waste control law, including authorizing the department to issue a corrective action order or denying, suspending, or revoking a permit applied for or issued, if the applicant or permitholder has taken specified actions. end insert

This bill would begin delete declare the intent of the Legislature to enact subsequent legislation to require the Department of Toxic Substances Control to develop a long-term plan to identify inequities in the siting of hazardous waste disposal facilities and provide for enforceable strategies to eliminate those inequities. end delete begin insert prohibit the department from issuing a hazardous waste facilities permit to the operator of a hazardous waste facility if the department finds the facility has not complied with a corrective action order, until the date when the director approves the state hazardous waste management plan specified above and submits the plan, as specified. end insert

begin insert The bill would authorize, instead of require, the department to issue a hazardous waste facility permit that meets those requirements and would additionally require the facility to comply with the regulations specified above that the bill would require the department to adopt. end insert

begin insert The bill would define the term “significant noncomplying operation” and would prohibit the department from issuing a hazardous waste facilities permit to a significant noncomplying operation. The bill would prohibit the owner or operator of a significant noncomplying operation from utilizing the existing procedure for the extension of the term of a permit and would authorize the department to revoke a permit, registration, or certificate if the permitholder or applicant engages in activities resulting in the applicant or permitholder meeting the conditions of a significant noncomplying operator. end insert

begin insert (3) end insert begin insert   end insert begin insert Existing law authorizes the department to grant interim status for the operator of certain hazardous waste facilities and prohibits the department from issuing interim status to a person meeting certain conditions. end insert

begin insert The bill would additionally prohibit the department from granting interim status to a person who has 3 or more class I violations or a pending order for corrective action, other order or enforcement action, or settlement and would require the department to revoke the interim status of a person operating a hazardous waste facility if the facility meets those conditions specified above, has 3 or more class I violations, or a pending order for corrective action, other order or enforcement action, or settlement. end insert

begin insert

(4) Existing law requires the department to post certain information on or before January 1 of each odd-numbered year on its Internet Web site.

end insert begin insert

This bill would revise the information required to be posted and would require the information to be searchable and translated into Spanish.

end insert

begin insert (5) end insert begin insert   end insert begin insert Existing law prohibits a person from transporting hazardous waste, as specified if the final destination of the transported hazardous waste is in a state other than this state or in a territory of the United States, unless the facility is issued a permit pursuant to the federal Resource Conservation and Recovery Act of 1976 or the facility is authorized by the state to accept that waste. Existing law requires the department to develop a specified database regarding hazardous waste shipped in and out of state. end insert

begin insert This bill would additionally prohibit a person from taking that action if the final destination of the transported hazardous waste is in Indian country, as defined, unless those conditions apply to the facility. The bill would revise the information required to be included in the department’s database with regard to hazardous waste shipped in and out of Indian country. end insert

begin insert

(6) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

Legislature finds and declares all of the following:

end insert begin insert

(a) All hazardous waste landfill facilities and the majority of
other types of hazardous waste facilities in the state are located
in or near low-income Latino communities. The siting and
operation of the state’s hazardous waste facilities near low-income
Latino communities disparately and adversely affects those
communities, in violation of both Section 11135 of the Government
Code and Title VI of the Civil Rights Act (42 U.S.C. Sec. 2000d
and following).

end insert begin insert

(b) Under Section 11135 of the Government Code and Title VI
of the Civil Rights Act, the Department of Toxic Substances Control
has a responsibility to prevent racial discrimination in the siting
and operation of hazardous waste disposal facilities.

end insert begin insert

(c) California needs a statewide hazardous waste disposal and
management plan to promote environmental justice, thereby
protecting the civil rights of minority residents in the communities
targeted for hazardous waste disposal facilities and other types
of hazardous waste management facilities.

end insert begin insert

(d) It is, therefore, the intent of the Legislature to establish a
moratorium on the issuance of permits to operators of hazardous
waste facilities that have failed to comply with a corrective action
order issued by the department until the department has developed
a plan to reduce the prevalence of hazardous waste facilities in
low-income communities.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25117.3 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25117.3. end insert   

“Indian country” has the same meaning as defined
in Section 1151 of Title 18 of the United States Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 25122.10 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25122.10. end insert   

“Significant noncomplying operation” means a
facility, an owner, or an operator that meets either of the following
conditions:

(a) The facility, owner, or operator has been issued three
separate class I violations by the department.

(b) The department finds that the facility, owner, or operator
is in substantial deviation from the terms of a permit, order,
including an order for corrective action, settlement document,
corrective action, or other enforcement action issued pursuant to
this chapter, because the facility, owner, or operator has failed to
meet the requirements of the permit, order, settlement document,
corrective action, or other enforcement action in a timely manner,
or because the facility, owner, or operator has otherwise failed to
undertake those actions specified by the department in the permit,
order, settlement document, corrective action, or other enforcement
action.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 25135.9 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25135.9.  

(a)  begin delete The end delete begin insert For purposes of this section, the following
definitions shall apply: end insert

begin insert (1) end insert begin insert   end insert begin insert “Environmental justice” means the fair treatment of people
of all races, cultures, and incomes with respect to the development,
adoption, implementation, and enforcement of environmental laws,
regulations, and policies. end insert

begin insert

(2) “Hazardous waste landfill facility” means a hazardous
waste facility that disposes of hazardous waste to land, as specified
in Section 25174.1.

end insert

begin insert (b) end insert begin insert   end insert begin insert The end insert department shall, pursuant to this section and begin insert in
accordance with the requirements of end insert subdivision begin delete (c) end delete begin insert (d) end insert of Section
25170, prepare and adopt a begin delete state hazardous waste management
plan. The state hazardous waste management plan shall serve as
a comprehensive planning document for the state and shall be
prepared as a useful informational source for the public, local
government, and regional councils of government. The state
hazardous waste management plan shall be prepared in conjunction
with, and shall take into account, hazardous waste management
plans adopted by counties and regional councils of governments end delete
begin insert hazardous waste management plan that would address matters of
environmental justice in the management of the state’s hazardous
waste. The state’s hazardous waste management plan adopted
pursuant to this section shall serve as a comprehensive and
enforceable planning document for the state to ensure that minority
populations and low-income populations are not disproportionately
impacted by the adverse human health, social, economic, and
environmental effects of hazardous waste management, including
disposal end insert .

begin delete

(b)

end delete

begin insert (c) end insert  The state hazardous waste management plan shall be
prepared and adopted by the department on or before begin delete November
30, 1991 end delete begin insert January 1, 2016 end insert , shall be reviewed annually, and shall
be revised to reflect new information at least once every three
years.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  In preparing and adopting the state hazardous waste
management plan, and in revising the plan thereafter, the
department shall do all of the following:

(1) Publish the draft plan or the revised plan begin insert in English and
Spanish end insert and make it available to the public for review and comment
at least three months before final adoption.

(2)  Conduct workshops and at least begin delete two end delete begin insert six end insert public hearings on
the plan or the draft revised plan, one in the southern part of the
state begin insert , one in the central part of the state, end insert begin delete and end delete one in the northern
part of the state, begin insert and one in each community that hosts a hazardous
waste landfill facility, end insert to solicit the views of the public, local
government, regional councils of governments, and interested
parties.

(3)  Include in the final state hazardous waste management plan
and in revisions of the plan, a summary of the comments received
and the department’s responses to those comments.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  The state hazardous waste management plan, and each
revision of the plan, shall include, but need not be limited to, all
of the following elements:

(1)  An analysis of the hazardous waste streams produced in the
state, an accounting of the volumes of hazardous waste produced
in each county and region of the state, by type of waste, and
estimates of the expected rates of hazardous waste production, by
type of waste, during the next five years.

(2)  An inventory of existing and planned hazardous waste
facilities begin delete which end delete begin insert that end insert handle, treat, recycle, dispose, or otherwise
manage hazardous wastes produced in the state begin delete . The inventory
shall include a description of the facilities, a end delete begin insert , which shall include
all of the following: end insert

begin insert

(A) The racial and socioeconomic composition of populations
within one-half-mile, one-mile, and five-mile radii around each
existing or planned hazardous waste facility.

end insert begin insert

(B) A description of each facility and a full and complete
summary of the facilities’ compliance history, including, but not
limited to, the enforcement actions taken by the department or any
other state department or board that is within the California
Environmental Protection Agency, and the penalties imposed
pursuant to those enforcement actions.

end insert

begin insert (C) end insert begin insert   end insert begin insert A end insert determination of the capacity of each existing or planned
begin insert hazardous waste end insert facility to handle, treat, recycle, dispose, or
otherwise manage the waste streams it is authorized to handle,
treat, recycle, dispose, or otherwise manage begin delete , and a end delete begin insert . end insert

begin insert (D) end insert begin insert   end insert begin insert A end insert begin insert end insert description of the current progress and status of each
planned begin insert hazardous waste end insert facility in achieving operational status,
including a timetable for becoming operational.

(3)  An assessment of the need for additional hazardous waste
facilities to manage the volumes of hazardous waste currently
produced or which are expected to be produced during the next
20 years.

(4)  An identification of the areas or regions of the state where
new or expanded capacity to manage hazardous wastes are needed
and the types of facilities that should be sited and constructed.

(5)  A description of the begin insert enforceable end insert policies, programs,
incentives, requirements, prohibitions, or other measures begin delete which,
if implemented, would reduce or eliminate the need for new or
expanded facilities end delete begin insert necessary to eliminate the disproportionate
impact of hazardous waste management, including disposal, on
low-income and minority populations, including specific measures
to reduce by 25 percent the amount of hazardous waste generated
by 2020, using the year 2010 as a baseline end insert .

(6)  A statement of goals, objectives, and policies currently in
effect, or in the process of development, begin delete for end delete begin insert that address
environmental justice in end insert the siting begin insert and operation end insert of hazardous
waste facilities and the management of hazardous wastes during
the next five years.

(7)  A schedule of begin delete recommended end delete begin insert enforceable end insert actions, including
specific dates, for carrying out state, regional, and local actions to
implement the state hazardous waste management plan.

begin insert

(f) The director shall approve a hazardous waste management
plan prepared in accordance with this section and shall submit
the approved plan to the Assembly Committee on Environmental
Safety and Toxic Materials and the Assembly Committee on Budget.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 25135.10 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25135.10. end insert   

(a) Notwithstanding Article 9 (commencing with
Section 25200), the department shall not issue a hazardous waste
facilities permit to the operator of a hazardous waste facility if the
department finds the facility has not complied with an order issued
pursuant to Section 25187.

(b) Subdivision (a) shall become inoperative on or after the date
the director approves the state hazardous waste management plan
pursuant to subdivision (f) of Section 25135.9 and the director
submits the plan in accordance with that subdivision.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 25135.11 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25135.11. end insert   

(a) (1) A person may commence a civil action on
that person’s own behalf against a person who is alleged to be in
violation of the regulations adopted pursuant to Section 25150.9.

(2) A person may commence a civil action on that person’s own
behalf alleging a failure by the department to perform an act or
duty required under Section 25135.9, 25135.10, 25150.9, or 25200
and that is not otherwise a discretionary act or duty.

(b) The superior court shall have jurisdiction to enforce a
regulation specified in paragraph (1) of subdivision (a), or to order
the department to perform an act or duty specified in paragraph
(2) of subdivision (a), and to apply any appropriate civil penalties.

(c) In an action brought pursuant to paragraph (2) of
subdivision (a), the inquiry shall extend to the question of whether
the department has proceeded without, or in excess of, its
jurisdiction, and whether there was any prejudicial abuse of
discretion. The court shall find that an abuse of discretion has
been established if the department has not proceeded in the manner
required by law, if the act or duty is not supported by the
department’s findings, or if the department’s findings are not
supported by the evidence. If it is claimed that the findings are not
supported by the evidence, the court shall find that an abuse of
discretion is established if the court determines that the findings
are not supported by the weight of the evidence.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 25150.9 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25150.9. end insert   

Upon the approval of the state hazardous waste
management plan pursuant to subdivision (f) of Section 25135.9,
the department shall adopt regulations to implement the plan to
ensure that minority populations and low-income populations are
not disproportionately impacted by the adverse health, social,
economic, and environmental effects of the hazardous waste
managed pursuant to this chapter.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 25161 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25161.  

(a) The department may adopt and enforce those
regulations, regarding a uniform program for hazardous waste
transportation, that are necessary and appropriate to achieve
consistency with the findings made by the Federal Highway
Administration and the federal Department of Transportation
pursuant to Chapter 51 (commencing with Section 5101) of Title
49 of the United States Code.

(b) The department shall adopt and enforce all rules and
regulations that are necessary and appropriate to accomplish the
purposes of Section 25160.

(c) The department shall develop a begin delete data base end delete begin insert database end insert that tracks
all hazardous waste shipped in and out of state for handling,
treatment, storage, disposal, or any combination thereof, which
includes all of the following information:

(1) The state begin insert , Indian country, end insert or country receiving the waste.

(2) Month and year of shipment.

(3) Type of hazardous waste shipped.

(4) The manner in which the hazardous waste was handled at
its final destination, such as incineration, treatment, recycling, land
disposal, or a combination thereof.

(d) The department shall include in the biennial report specified
in Section 25178 all of the following information:

(1) The total volume in tons of hazardous waste generated in
the state and shipped offsite for handling, treatment, storage,
disposal, or any combination thereof.

(2) The total volume in tons of hazardous waste generated in
the state and shipped in and out of the state for handling, treatment,
storage, disposal, or any combination thereof, including all of the
following information:

(A) The state begin insert , Indian country, end insert or country receiving the hazardous
waste.

(B) Month and year of shipment.

(C) Type of hazardous waste shipped.

(D) The manner in which the hazardous waste was handled at
its final destination, such as incineration, treatment, recycling, land
disposal, or a combination thereof.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 25162 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25162.  

(a)  begin delete No end delete begin insert A end insert person shall begin insert not end insert transport begin delete any end delete hazardous waste
on the highways of this state, or deliver to a railroad or vessel begin delete any end delete
hazardous waste for transport begin delete , end delete if the final destination of the
transported hazardous waste is a facility in begin insert Indian country, in end insert a
state other than this state begin insert , end insert or in a territory of the United States,
unless one of the following applies:

(1) The facility has been issued a permit pursuant to subsection
(c) or (g), or has been granted authority to operate pursuant to
subsection (e) begin delete , end delete of Section 3005 of the federal act (42 U.S.C. Sec.
6925) by either of the following:

(A) The begin insert United States end insert Environmental Protection Agency.

(B) The state in which the facility is located, if the state has
authorization to operate a hazardous waste program pursuant to
Section 3006 of the federal act (42 U.S.C. Sec. 6926).

(2) The facility is authorized by the state begin insert or location end insert in which
it is located, pursuant to the applicable laws or regulations of that
state begin insert or location end insert , to accept the transported hazardous waste for
transfer, handling, recycling, storage, treatment, or disposal.

(b)  begin delete No end delete begin insert A end insert person shall begin insert not end insert transport begin delete any end delete hazardous waste on the
highways of this state, or deliver to a railroad or vessel begin delete any end delete
hazardous waste for transport, if the final destination of the
transported hazardous waste is a facility begin delete which end delete begin insert that end insert is located on
a site begin delete which end delete begin insert that end insert has been listed on the National Priorities List
established pursuant to begin delete subparagraph (B) of paragraph (8) of end delete
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C.
Sec. begin delete 9605 (8)(B)) end delete begin insert 9605(a)(8)(B)) end insert .

(c)  begin delete Any end delete begin insert A end insert person who knowingly transports or causes the
transportation of, or who reasonably should have known that the
person was causing the transportation of, begin delete any end delete hazardous waste in
violation of subdivision (a) or (b) shall, upon conviction, be subject
to the penalties specified in subdivision (a) of Section 25191.

(d)  begin delete Any end delete begin insert A end insert person who knowingly delivers, or arranges the
delivery of, begin delete any end delete hazardous waste to another person for transport
in violation of subdivision (a) or (b) shall, upon conviction, be
subject to the penalties specified in subdivision (a) of Section
25191.

(e)  begin delete No end delete begin insert A end insert person shall begin insert not end insert transport begin delete any end delete hazardous waste begin delete which end delete
begin insert that end insert is subject to the requirements of Section 3017 of the federal
act (42 U.S.C. Sec. 6938) on the highways of this state or deliver
to a railroad or vessel any of this hazardous waste for transport, if
the final destination of the transported hazardous waste is a foreign
country, unless the shipment is in compliance with the applicable
regulations adopted pursuant to Section 25150.2 and either of the
following conditions is met:

(1) A copy of the foreign country’s written consent to receive
the hazardous waste, or a copy of the EPA Acknowledgement of
Consent, as defined in Section 262. 51 of Title 40 of the Code of
Federal Regulations, is attached to the manifest required by this
article.

(2) The hazardous waste shipment is in compliance with the
terms of an international agreement between the United States and
the receiving foreign country, as provided in subsection (f) of
Section 3017 of the federal act (42 U.S.C. Sec. 6938 (f)).

(f)  begin delete Any end delete begin insert A end insert person who knowingly violates, or who reasonably
should have known that the person was violating, subdivision (e)
shall, upon conviction, be subject to the penalties specified in
subdivision (a) of Section 25191.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 25178 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25178.  

On or before January 1 of each odd-numbered year, the
department shall post on its begin insert Internet end insert Web site begin insert and translate into
Spanish end insert , at a minimum, all of the following:

(a) The status of the regulatory and program developments
required pursuant to legislative mandates.

(b)  begin delete (1) end delete begin delete   end delete The status of the hazardous waste facilities permit
program begin insert , end insert that shall include all of the following information:

begin delete

(A)

end delete

begin insert ( end insert begin insert 1) end insert  A description of the final hazardous waste facilities permit
applications received.

begin delete

(B) The number

end delete

begin insert (2) end insert begin insert   end insert begin insert A searchable list end insert of final hazardous waste facilities permits
issued to date.

begin delete

(C) The number

end delete

begin insert (3) end insert begin insert   end insert begin insert A searchable list end insert of final hazardous waste facilities permits
yet to be issued.

begin delete

(D)

end delete

begin insert (4) end insert  A complete description of the reasons why the final
hazardous waste facilities permits yet to be issued have not been
issued.

begin delete

(2) For purposes of paragraph (1), “hazardous waste facility”
means a facility that uses a land disposal method, as defined in
subdivision (d) of Section 25179.2, and that disposes of wastes
regulated as hazardous waste pursuant to the federal act.

end delete

(c) The status of the hazardous waste facilities siting program.

(d) The status of the hazardous waste abandoned sites program.

(e) A begin delete summary end delete begin insert searchable list end insert of enforcement actions taken by
the department pursuant to this chapter and begin delete any end delete other begin insert enforcement end insert
actions relating to hazardous waste management. begin insert The list shall
specify whether the violations have been corrected and shall
include Internet Web links to inspection reports, draft orders, final
orders, and enforcement actions taken by other agencies. end insert

begin insert

(f) A searchable list of significant noncomplying operations.

end insert begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  Summary data on annual quantities and types of hazardous
waste generated, transported, treated, stored, and disposed.

begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  Summary data regarding begin insert the end insert onsite and offsite disposition
of hazardous waste.

begin delete

(h)

end delete

begin insert (i) end insert  Research activity initiated by the department.

begin delete

(i)

end delete

begin insert (j) end insert  Regulatory action by other agencies relating to hazardous
waste management.

begin delete

(j)

end delete

begin insert (k) end insert  A revised listing of recyclable materials showing any
additions or deletions to the list prepared pursuant to Section 25175
that have occurred since the last report.

begin delete

(k)

end delete

begin insert (l) end insert  Any other data considered pertinent by the department to
hazardous waste management.

begin delete

(l)

end delete

begin insert (m) end insert  The information specified in subdivision (c) of Section
25161, paragraph (4) of subdivision begin delete (a) end delete begin insert (b) end insert of Section 25197.1,
subdivision (c) of Section 25354, and begin delete Sections end delete begin insert Section end insert 25334.7 begin delete ,
and 25356.5 end delete .

begin delete

(m)

end delete

begin insert (n) end insert  A status report on the cleanup of the McColl Hazardous
Waste Disposal Site in Orange County.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 25186 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25186.  

begin insert (a) end insert begin insert   end insert The department may deny, suspend, or revoke begin delete any end delete
begin insert a end insert permit, registration, or certificate applied for, or issued, pursuant
to this chapter in accordance with the procedures specified in
Sections 25186.1 and 25186.2, begin delete where end delete begin insert if end insert the applicant or holder of
the permit, registration, or certificate, or in the case of a business
concern, begin delete any end delete begin insert a end insert trustee, officer, director, partner, or begin delete any end delete begin insert a end insert person
holding more than 5 percent of the equity in or debt liability of
that business concern, has engaged in any of the following:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert   begin delete Any end delete begin insert A end insert violation of, or noncompliance with, begin delete this chapter,
Chapter end delete begin insert any of the following, if the violation or noncompliance
shows a repeating or recurring pattern or may pose a threat to
public health or safety or the environment: end insert

begin insert (A) end insert begin insert   end insert begin insert This chapter. end insert

begin insert (B) end insert begin insert   end insert begin insert Chapter end insert 6.7 (commencing with Section begin delete 25280), Chapter end delete
begin insert 25280). end insert

begin insert (C) end insert begin insert   end insert begin insert Chapter end insert 6.8 (commencing with Section begin delete 25300), the end delete begin insert 25300). end insert

begin insert (D) end insert begin insert   end insert begin insert The end insert Porter-Cologne Water Quality Control Act (Division
7 (commencing with Section 13000) of the Water begin delete Code), the
Resource Conservation and Recovery Act of 1976, as amended,
(42 U.S.C. Sec. 6901 et seq.), the end delete begin insert Code) end insert .

begin insert

(E) The federal act.

end insert

begin insert (F) end insert begin insert   end insert begin insert The end insert Hazardous Materials Transportation Act begin insert , as amended end insert
(49 U.S.C. Sec. begin delete 1801 end delete begin insert 5101 end insert et begin delete seq.), the end delete begin insert seq.) end insert .

begin insert (G) end insert begin insert   end insert begin insert The end insert Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
begin delete seq.), the end delete begin insert seq.) end insert .

begin insert (H) end insert begin insert   end insert begin insert The end insert begin insert end insert Toxic Substances Control Act (15 U.S.C. Sec. 2601 et
begin delete seq.) or any end delete begin insert seq.) end insert .

begin insert (I) end insert begin insert   end insert begin insert Any end insert begin insert end insert other equivalent federal or state statute or any
requirement or regulation adopted pursuant thereto relating to the
generation, transportation, treatment, storage, recycling, disposal
or handling of a hazardous waste, as defined in Section 25117, a
hazardous substance, as defined in Section 25316, or a hazardous
material, as defined in Section 353 of the Vehicle Code begin delete , if the
violation or noncompliance shows a repeating or recurring pattern
or may pose a threat to public health or safety or the environment end delete .

begin delete

(b)

end delete

begin insert (2 end insert begin insert ) end insert  The aiding, abetting, or permitting of begin delete any end delete begin insert a end insert violation of, or
noncompliance with, begin delete this chapter, Chapter end delete begin insert any of the following, if
the violation or noncompliance shows a repeating or recurring
pattern or may pose a threat to public health or safety or the
environment: end insert

begin insert (A) end insert begin insert   end insert begin insert This end insert begin insert chapter. end insert

begin insert (B) end insert begin insert   end insert begin insert Chapter end insert 6.7 (commencing with Section begin delete 25280); Chapter end delete
begin insert 25280). end insert

begin insert (C) end insert begin insert   end insert begin insert Chapter end insert 6.8 (commencing with Section begin delete 25300), the end delete begin insert 25300). end insert

begin insert (D) end insert begin insert   end insert begin insert The end insert Porter-Cologne Water Quality Act (Division 7
(commencing with Section 13000) of the Water begin delete Code), the
Resource Conservation and Recovery Act of 1976, as amended,
(42 U.S.C. Sec. 6901 et seq.), the end delete begin insert Code). end insert

begin insert

(E) The federal act.

end insert

begin insert (F) end insert begin insert   end insert begin insert The end insert Hazardous Materials Transportation Act begin insert , as amended end insert
(49 U.S.C. Sec. begin delete 1801 end delete begin insert 5101 end insert et begin delete seq.), the end delete begin insert seq.). end insert

begin insert (G) end insert begin insert   end insert begin insert The end insert begin insert end insert Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
begin delete seq.), the end delete begin insert seq.). end insert

begin insert (H) end insert begin insert   end insert begin insert The end insert Toxic Substances Control Act (15 U.S.C. Sec. 2601 et
begin delete seq.), or any end delete begin insert seq.) end insert begin insert . end insert

begin insert (I) end insert begin insert   end insert begin insert Any end insert begin insert end insert other equivalent federal or state statute or any
requirement or regulation adopted pursuant thereto relating to the
generation, transportation, treatment, storage, recycling, disposal
or handling of a hazardous waste, as defined in Section 25117, a
hazardous substance, as defined in Section 25316, or a hazardous
material, as defined in Section 353 of the Vehicle Code begin delete , if the
violation or noncompliance shows a repeating or recurring pattern
or may pose a threat to public health or safety or the environment end delete .

begin delete

(c)

end delete

begin insert (3) end insert begin insert   end insert begin delete Any end delete begin insert A end insert violation of, or noncompliance with, begin delete any end delete begin insert an end insert order
issued by a state or local agency or by a hearing officer or a court
relating to the generation, transportation, treatment, storage,
recycling, disposal or handling of a hazardous waste, as defined
in Section 25117, a hazardous substance, as defined in Section
25316, or a hazardous material, as defined in Section 353 of the
Vehicle Code.

begin delete

(d)

end delete

begin insert ( end insert begin insert 4) end insert   begin delete Any end delete begin insert A end insert misrepresentation or omission of a significant fact
or other required information in the application for the permit,
registration, or certificate, or in information subsequently reported
to the department or to a local officer or agency authorized to
enforce this chapter pursuant to begin delete subdivision (a) of end delete Section 25180.

begin delete

(e)

end delete

begin insert (5) end insert  Activities resulting in begin delete any end delete begin insert a end insert federal or state conviction begin delete which end delete
begin insert that end insert are significantly related to the fitness of the applicant or holder
of the permit, registration, or certificate to perform the applicant’s
duties or activities under the permit, registration, or certificate.
For the purposes of this subdivision, “conviction” means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action begin delete which end delete begin insert that end insert the department may take
pursuant to this subdivision relating to the denial, suspension or
revocation of a permit, registration, or certificate may be based
upon a conviction for which any of the following has occurred:

begin delete

(1)

end delete

begin insert (A) end insert  The time for appeal has elapsed.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  The judgment of conviction has been affirmed on appeal.

begin delete

(3)

end delete

begin insert (C) end insert  Any order granting probation is made suspending the
imposition of sentence, notwithstanding a subsequent order
pursuant to Section 1203.4 of the Penal Code permitting that person
to withdraw the person’s plea of guilty, and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.

begin delete

(f)

end delete

begin insert (6) end insert  Activities resulting in the revocation or suspension of begin delete any end delete
begin insert a end insert license, permit, registration or certificate held by the applicant
or holder of the permit, registration or certificate or, if the applicant
or holder of the permit, registration, or certificate is a business
concern, by begin delete any end delete begin insert a end insert trustee, officer, director, partner, or begin delete any end delete begin insert a end insert person
holding more than 5 percent of the equity in, or debt liability of
that business concern relating to, the generation, transportation,
treatment, storage, recycling, disposal, or handling of a hazardous
waste, as defined in Section 25117, a hazardous substance, as
defined in Section 25316, or a hazardous material, as defined in
Section 353 of the Vehicle Code.

begin insert

(7) Activities resulting in the applicant or permitholder meeting
the definition of a significant noncomplying operation.

end insert begin insert

(b) The department shall revoke the interim status of a person
operating a hazardous waste facility pursuant to Section 25200.5
if the facility is subject to any of the following actions:

end insert begin insert

(1) Denial of a hazardous waste facilities permit.

end insert begin insert

(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.

end insert begin insert

(3) Termination of a grant of interim status.

end insert begin insert

(4) Three or more notices of a class I violation.

end insert begin insert

(5) A pending corrective action order, or other order or
enforcement action, or a settlement.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 25200 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25200.  

(a)  begin insert (1) end insert begin insert   end insert The department begin delete shall end delete begin insert may end insert issue hazardous
waste facilities permits to use and operate one or more hazardous
waste management units at a facility that in the judgment of the
department meet begin delete the end delete begin insert all of the following requirements: end insert

begin insert (A) end insert begin insert   end insert begin insert Meet the end insert building standards published in the begin delete State end delete begin insert California end insert
Building Standards Code relating to hazardous waste begin delete facilities and end delete
begin insert facilities. end insert

begin insert (B) end insert begin insert   end insert begin insert Comply with the regulations adopted pursuant to Section
25150.9. end insert

begin insert (C) end insert begin insert   end insert begin insert Comply with end insert the other standards and requirements adopted
pursuant to this chapter. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert department shall impose conditions on each hazardous
waste facilities permit specifying the types of hazardous wastes
that may be accepted for transfer, storage, treatment, or disposal.
The department may impose any other begin delete conditions end delete begin insert condition end insert on a
hazardous waste facilities permit that begin delete are end delete begin insert is end insert consistent with the
intent of this chapter.

begin insert

(3) The department shall not issue a hazardous waste facilities
permit to a significant noncomplying operation.

end insert

(b) The department may impose, as a condition of a hazardous
waste facilities permit, a requirement that the owner or operator
of a hazardous waste facility that receives hazardous waste from
more than one producer comply with begin delete any end delete begin insert an end insert order of the director
that prohibits the facility operator from refusing to accept a
hazardous waste based on geographical origin that is authorized
to be accepted and may be accepted by the facility without
extraordinary hazard.

(c) (1) (A)  begin delete Any end delete begin insert A end insert hazardous waste facilities permit issued by
the department shall be for a fixed term, which shall not exceed
10 years for begin delete any end delete begin insert a end insert land disposal facility, storage facility,
incinerator, or other treatment facility.

(B)  begin delete Before end delete begin insert Except as provided in subparagraph (C), end insert begin insert before end insert the
fixed term of a permit expires, the owner or operator of a facility
intending to extend the term of the facility’s permit shall submit
a complete Part A application for a permit renewal. At any time
following the submittal of the Part A application, the owner or
operator of a facility shall submit a complete Part B application,
or any portion thereof, as well as any other relevant information,
as and when requested by the department. To the extent not
inconsistent with the federal act, when a complete Part A renewal
application, and any other requested information, has been
submitted before the end of the permit’s fixed term, the permit is
deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable
rights of appeal.

begin insert

(C) If the owner or operator of the hazardous waste facility is
a significant noncomplying operation, the owner or operator may
not apply to extend the term of the permit pursuant to
subparagraph (B).

end insert begin delete

(C)

end delete

begin insert (D) end insert  This section does not limit or restrict the department’s
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and
the environment.

begin delete

(D)

end delete

begin insert (E) end insert  In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification
procedures specified in this chapter and the regulations adopted
pursuant to this chapter.

begin delete

(E)

end delete

begin insert ( end insert begin insert F) end insert  When prioritizing pending renewal applications for
processing and in determining the need for any new conditions on
an extended permit, the department shall consider any input
received from the public.

(2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary,
to assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.

(3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.

(d) (1) When reviewing begin delete any end delete begin insert an end insert application for a permit renewal,
the department shall consider improvements in the state of control
and measurement technology as well as changes in applicable
regulations.

(2) Each permit issued or renewed under this section shall
contain the terms and conditions that the department determines
necessary to protect human health and the environment.

(e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed
to be a state permit enforceable by the department until a state
permit is issued. In addition to complying with the terms and
conditions specified in a federal permit deemed to be a state permit
pursuant to this section, an owner or operator who holds that permit
shall comply with the requirements of this chapter and the
regulations adopted by the department to implement this chapter.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 25200.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25200.5.  

(a) Except as provided in Sections 25200.7 and
25200.9, begin delete any end delete begin insert a end insert person who desires to continue the use or operation
of a hazardous waste facility begin delete which end delete begin insert that end insert was in existence on
November 19, 1980, or begin delete which end delete begin insert that end insert was in existence on the effective
date of any statute or regulation begin delete which end delete begin insert that end insert subjected that facility
to hazardous waste facilities permit requirements under this
chapter, pending the review and decision of the department on the
permit application, may be granted interim status by the department
if the person has made application for a permit pursuant to Section
25200, or has made application pursuant to Section 25201.6, and,
if treating a begin insert hazardous end insert waste regulated pursuant to the federal act,
has complied with the requirements of subsection (a) of Section
6930 of Title 42 of the United States Code.

(b) The person operating under an interim status pursuant to
this section shall not do any of the following acts:

(1) Treat, store, transfer, or dispose of hazardous wastes begin delete which end delete
begin insert that end insert are not specified in Part A of the permit application.

(2) Employ processes not described in Part A of the permit
application.

(3) Exceed the design capacities specified in Part A of the permit
application.

(c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to begin delete any end delete conditions
begin delete which end delete begin insert that end insert the department deems necessary to protect public health
or the environment. Interim status shall not be valid beyond the
date of the decision of the department on the permit application.

(d) The department shall not grant interim status to begin delete any end delete begin insert a end insert person
to operate a hazardous waste facility if the facility has been subject
to any of the following actions:

(1) Denial of a hazardous waste facilities permit.

(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.

(3) Termination of a grant of interim status.

begin insert

(4) Three or more notices of a class I violation.

end insert begin insert

(5) A pending corrective order, other order or enforcement
action, or a settlement.

end insert

(e) For purposes of this section, “Part A of the permit
application” has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.

(f)  begin delete Any end delete begin insert A end insert land disposal facility begin delete , as defined in subdivision (h)
of Section 25179.3, which end delete begin insert that end insert lost interim status pursuant to
paragraph (2) or (3) of subsection (e) of Section 6925 of Title 42
of the United States Code is deemed to have lost interim status
granted under this section to operate a facility managing hazardous
waste regulated pursuant to the begin delete Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.) end delete
begin insert federal act end insert .

(g) The termination date for interim status for begin delete any end delete begin insert a end insert land
disposal facility begin delete , as defined in subdivision (h) of Section 25179.3,
which end delete begin insert that end insert is in existence on the effective date of begin delete any end delete begin insert a end insert statute or
the regulation adopted pursuant to that statute begin delete which end delete begin insert that end insert subjects
the facility to hazardous waste facilities permit requirements under
this chapter, and begin delete which end delete begin insert that end insert is granted interim status under this
section, is the date 12 months after the date on which the facility
first becomes subject to the hazardous waste facilities permit
requirements, unless one of the following applies:

(1) Part A of the facility’s permit application specifies that only
non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.

(2) The owner or operator of the facility does both of the
following:

(A) Applies for a final determination regarding the issuance of
a hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.

(B) Certifies that the facility is in compliance with all applicable
groundwater monitoring and financial responsibility requirements.

(h)  The termination date for interim status for begin delete any end delete begin insert an end insert incinerator
facility begin delete which end delete begin insert that end insert submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:

(1) Part A of the facility’s permit application specifies that only
non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.

(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November
8, 1986.

(i) The termination date for interim status for any facility, other
than a facility specified in subdivision (g) or (h), begin delete which end delete begin insert that end insert
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:

(1) Part A of the facility’s permit application specifies that only
non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.

(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November
8, 1988.

(j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200 begin delete , which end delete begin insert that end insert was filed before
November 8, 1984, for an offsite hazardous waste facility subject
to subdivision (i), and not subject to Section 25200.7 or 25200.11.
In taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.

(k) (1) Notwithstanding any other provision of law or
regulation, except as provided in paragraph (2), a hazardous waste
facility operating pursuant to this section shall comply with the
requirements of Article 4 (commencing with Section 66270.40)
of Chapter 20 of Division 4.5 of Title 22 of the California Code
of Regulations.

(2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.

begin insert

begin insert SEC. 14. end insert   

end insert begin insert

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) All hazardous waste disposal facilities in the state are located
in or near low-income communities of color. The siting and
operation of the state’s hazardous waste disposal facilities near
only low-income minority communities disparately and adversely
affects those communities.

(2) California agencies have a responsibility to prevent racial
and socio-economic disparities in the siting of harmful or noxious
facilities. These agencies require tools to identify and address
systemic barriers to achieving more equitable hazardous waste
disposal outcomes.

(3) A concerted plan to address these disparities is necessary to
protect the civil rights of minority residents in the communities
targeted for hazardous waste disposal and handling facilities.

(b) It is the intent of the Legislature to enact subsequent
legislation to require the Department of Toxic Substances Control
to develop a long-term plan to identify inequities in the siting of
hazardous waste disposal facilities and provide for enforceable
strategies to eliminate those inequities.

end delete