Amended in Assembly April 24, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

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

(1) Existing 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.

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.

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.

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 begin delete persons’s end delete begin insert person’s end insert 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.

(2) Existing 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. 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.

This bill would prohibit the department from issuing a hazardous waste facilities permit to begin insert the operator of a hazardous waste landfill facility or end insert the operator of a hazardous waste facility begin delete if end delete begin insert that end insert the department finds begin delete the facility end delete has not complied with a corrective action order begin delete , end delete until the date when the director approves the state hazardous waste management plan specified above and submits the plan, as specified.

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.

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.

(3) 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.

The bill would additionally prohibit the department from granting interim status to a person who has begin delete 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 delete begin insert been classified as a significant noncomplying operation end 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.

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

(5) Existing law prohibits a person from transporting hazardous waste, as specified begin insert , end insert 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.

This bill would additionally prohibit a person from taking that action if the final destination of the transported hazardous waste is begin delete in Indian country, as defined, end delete begin insert a domestic facility outside the jurisdiction of the state end insert unless those conditions apply to the facility begin insert , end insert begin insert including whether the facility is subject to a cooperative agreement, as specified end insert . 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 begin delete Indian country end delete begin insert the state’s jurisdiction end 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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Legislature finds and declares all of the following:

(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).

(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.

(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.

(d) It is, therefore, the intent of the Legislature to establish a
moratorium on the issuance of permits to operators of hazardous
waste begin insert landfill end insert facilities begin insert or hazardous waste facilities end insert 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.

begin delete

SEC. 2.  

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

25117.3.  

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

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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

25122.10.  

“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 begin insert within a five-year period end insert .

(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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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

25135.9.  

(a) For purposes of this section, the following
definitions shall apply:

(1) “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.

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

(b) The department shall, pursuant to this section and in
accordance with the requirements of subdivision (d) of Section
25170, prepare and adopt a 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.

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

(d) 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 in English and
Spanish and make it available to the public for review and comment
at least three months before final adoption.

(2)  Conduct workshops and at least six public hearings on the
plan or the draft revised plan, one in the southern part of the state,
one in the central part of the state, one in the northern part of the
state, and one in each community that hosts a hazardous waste
landfill facility, 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.

(e) 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 that handle, treat, recycle, dispose, or otherwise manage
hazardous wastes produced in the state, which shall include all of
the following:

(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.

(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.

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

(D) A description of the current progress and status of each
planned hazardous waste 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 enforceable policies, programs,
incentives, requirements, prohibitions, or other measures necessary
to eliminate the disproportionate impact of hazardous waste
management, including disposal, on low-income and minority
populations, begin delete including end delete begin insert which may include end insert specific measures to
reduce begin delete by 25 percent end delete the amount of hazardous waste generated begin delete by
2020, using the year 2010 as a baseline end delete begin insert within the state end insert .

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

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

(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.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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

25135.10.  

(a) Notwithstanding Article 9 (commencing with
Section 25200), the department shall not issue a hazardous waste
facilities permit to begin insert the operator of a hazardous waste landfill
facility or end insert the operator of a hazardous waste facility begin delete if end delete begin insert that end insert the
department finds begin delete the facility end delete 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.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

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

25135.11.  

(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.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

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

25150.9.  

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.

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

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

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 database that tracks all
hazardous waste shipped in and out of begin delete state end delete begin insert the state’s jurisdiction end insert
for handling, treatment, storage, disposal, or any combination
thereof, which includes all of the following information:

(1) The begin delete state, Indian country, or country end delete begin insert jurisdiction end insert 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 begin delete state, Indian country, or country end delete begin insert jurisdiction end insert 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 delete SEC. 9. end delete
begin insert SEC. 8. end insert   

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

25162.  

(a) A person shall not transport hazardous waste on
the highways of this state, or deliver to a railroad or vessel
hazardous waste for transport if the final destination of the
transported hazardous waste is a begin insert domestic end insert facility begin delete in Indian country,
in a state other than this state, or in a territory of the United States end delete
begin insert outside the jurisdiction of the state end insert , 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) of Section 3005 of the federal act (42 U.S.C. Sec.
6925) by either of the following:

(A) The United States 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 or location in which
it is located, pursuant to the applicable laws or regulations of that
state or location, to accept the transported hazardous waste for
transfer, handling, recycling, storage, treatment, or disposal.

begin insert

(3) The facility is subject to a cooperative agreement executed
pursuant to Section 25198.3.

end insert

(b) A person shall not transport hazardous waste on the highways
of this state, or deliver to a railroad or vessel hazardous waste for
transport, if the final destination of the transported hazardous waste
is a facility that is located on a site that has been listed on the
National Priorities List established pursuant to Section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9605(a)(8)(B)).

(c) A person who knowingly transports or causes the
transportation of, or who reasonably should have known that the
person was causing the transportation of, 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) A person who knowingly delivers, or arranges the delivery
of, 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) A person shall not transport hazardous waste that 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) A 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 delete SEC. 10. end delete
begin insert SEC. 9. end insert   

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

25178.  

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

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

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

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

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

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

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

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

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

(e) A searchable list of enforcement actions taken by the
department pursuant to this chapter and other enforcement actions
relating to hazardous waste management. 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.

(f) A searchable list of significant noncomplying operations.

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

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

(i) Research activity initiated by the department.

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

(k) 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.

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

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

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

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

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

25186.  

begin delete (a) end delete begin delete   end delete The department may deny, suspend, or revoke a
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, if the applicant or holder of the
permit, registration, or certificate, or in the case of a business
concern, a trustee, officer, director, partner, or a 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

(1)

end delete

begin insert (a) end insert  A violation of, or noncompliance with, 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:

begin delete

(A)

end delete

begin insert (1) end insert  This chapter.

begin delete

(B)

end delete

begin insert (2) end insert  Chapter 6.7 (commencing with Section 25280).

begin delete

(C)

end delete

begin insert (3) end insert   begin delete Chapter6.8 end delete begin insert Chapter 6.8 end insert (commencing with Section 25300).

begin delete

(D)

end delete

begin insert (4) end insert  The Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code).

begin delete

(E)

end delete

begin insert (5) end insert  The federal act.

begin delete

(F)

end delete

begin insert (6) end insert  The Hazardous Materials Transportation Act, as amended
(49 U.S.C. Sec. 5101 et seq.).

begin delete

(G)

end delete

begin insert (7) end insert  The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).

begin delete

(H)

end delete

begin insert (8) end insert  The Toxic Substances Control Act (15 U.S.C. Sec. 2601 et
seq.).

begin delete

(I)

end delete

begin insert (9) end insert  Any 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 begin delete Code. end delete begin insert Code. end insert

begin delete

(2)

end delete

begin insert (b) end insert  The aiding, abetting, or permitting of a violation of, or
noncompliance with, 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:

begin delete

(A)

end delete

begin insert (1) end insert  This chapter.

begin delete

(B)

end delete

begin insert (2) end insert  Chapter 6.7 (commencing with Section 25280).

begin delete

(C)

end delete

begin insert (3) end insert  Chapter 6.8 (commencing with Section 25300).

begin delete

(D)

end delete

begin insert (4) end insert  The Porter-Cologne Water Quality Act (Division 7
(commencing with Section 13000) of the Water Code).

begin delete

(E)

end delete

begin insert (5) end insert  The federal act.

begin delete

(F)

end delete

begin insert (6) end insert  The Hazardous Materials Transportation Act, as amended
(49 U.S.C. Sec. 5101 et seq.).

begin delete

(G)

end delete

begin insert (7) end insert  The Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.).

begin delete

(H)

end delete

begin insert (8) end insert  The Toxic Substances Control Act (15 U.S.C. Sec. 2601 et
seq.).

begin delete

(I)

end delete

begin insert (9) end insert  Any 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 begin delete Code. end delete begin insert Code. end insert

begin delete

(3)

end delete

begin insert (c) end insert  A violation of, or noncompliance with, an 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

(4)

end delete

begin insert (d) end insert  A 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 Section 25180.

begin delete

(5)

end delete

begin insert (e) end insert  Activities resulting in a federal or state conviction that 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 that 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

(A)

end delete

begin insert (1) end insert  The time for appeal has elapsed.

begin delete

(B)

end delete

begin insert (2) end insert  The judgment of conviction has been affirmed on appeal.

begin delete

(C)

end delete

begin insert (3) 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

(6)

end delete

begin insert (f) end insert  Activities resulting in the revocation or suspension of a
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 a trustee, officer, director, partner, or a 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 delete

(7)

end delete

begin insert (g) end insert  Activities resulting in the applicant or permitholder meeting
the definition of a significant noncomplying operation.

begin delete

(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:

(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.

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

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

end delete

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

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

25200.  

(a) (1) The department may 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 all of the following requirements:

(A) Meet the building standards published in the California
Building Standards Code relating to hazardous waste facilities.

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

(C) Comply with the other standards and requirements adopted
pursuant to this chapter.

(2) The 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 condition on a hazardous
waste facilities permit that is consistent with the intent of this
chapter.

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

(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 an 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) A hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10
years for a land disposal facility, storage facility, incinerator, or
other treatment facility.

(B) Except as provided in subparagraph (C), before 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 begin delete submittal end delete begin insert submission end insert 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.

(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).

(D) 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.

(E) 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.

(F) 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 an 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 delete SEC. 13. end delete
begin insert SEC. 12. end insert   

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

25200.5.  

(a) Except as provided in Sections 25200.7 and
25200.9, a person who desires to continue the use or operation of
a hazardous waste facility that was in existence on November 19,
1980, or that was in existence on the effective date of any statute
or regulation that 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
hazardous 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 that
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 conditions that
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 a 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 delete

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

end delete begin delete

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

end delete begin insert

(4) Classification as a significant noncomplying operation.

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) A land disposal facility that 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 federal act.

(g) The termination date for interim status for a land disposal
facility that is in existence on the effective date of a statute or the
regulation adopted pursuant to that statute that subjects the facility
to hazardous waste facilities permit requirements under this
chapter, and that 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 an incinerator
facility that 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), that 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 that 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 delete SEC. 14. end delete
begin insert SEC. 13. end 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.

begin delete SEC. 15. end delete
begin insert SEC. 14. end 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.