Amended in Assembly June 19, 2014

Amended in Senate January 17, 2014

Amended in Senate January 6, 2014

Senate BillNo. 712


Introduced by Senator Lara

February 22, 2013


An act to add Sections 25186.2.5 and 25200.7.5 to the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 712, as amended, Lara. Hazardous waste facility: permitting: interim status.

Existing law requires the facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law authorizes a hazardous waste facility in existence on a specified date or on the effective date of any statute or regulation that subjects the facility to the hazardous waste permitting requirements to continue to operate under a grant of interim status pending the review and decision of the department on the permit application.

This bill would require the department, on or before December 31, 2015, tobegin delete take final actionend deletebegin insert issue a final permit decisionend insert on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application. The bill wouldbegin insert, except as specified,end insert terminate the grant of interim status for such a facility on December 31, 2015, or on the date on which the departmentbegin delete takes final actionend deletebegin insert issues a final permit decisionend insert on the application, whichever is earlier. For other facilities granted interim status, the bill would terminate that status, as specified.

Existing law authorizes the department to temporarily suspend a permit, registration, or certificate before a hearing if the department determines that the action is necessary to prevent or mitigate an imminent and substantial danger to the public health and the environment.

This bill would authorize the temporary suspension of a facility operating under an expired permit that has been extended because of a pending renewal application or under an interim status if the department determines that the action is necessary to prevent or mitigate a risk to the public health and the environment.

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

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

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) California’s public health and environmental protection
4programs, policies, and activities should be conducted in a manner
5that promotes equity and affords fair treatment, accessibility, and
6protection for all residents, regardless of race, age, culture, income,
7or geographic location.

8(2) California needs to provide the greatest level of attention
9and protection to those communities that are at the greatest risk
10from those impacts.

11(3) It is the mission of the California Department of Toxic
12Substances Control to protect Californians and the environment
13of California from harmful effects of toxic substances.

14(4) The department ensures that hazardous waste facilities
15comply with public health and safety requirements through
16regulations and permitting and inspection programs.

17(5) Central to the regulation of hazardous waste facilities is
18ensuring that entities that operate these facilities comply with
19applicable laws and regulations, that facilities are operating under
20proper permits, and that entities that frequently fail to comply with
21applicable laws and regulations and pose a risk to public health
22and safety are not given new or renewed hazardous waste facilities
23permits.

P3    1(6) For a full permit, a facility should submit an application,
2which is subject to a detailed technical review by the department,
3a 45-day public comment period, and a public hearing, and should
4comply with the California Environmental Quality Act (Division
513 (commencing with Section 21000) of the Public Resources
6Code). Full permits should be renewed every 10 years, and
7permitted facilities are subject to regular inspection by the
8department.

9(7) One facility has been operating under an interim status permit
10since 1985 and has repeatedly been found to have polluted the
11surrounding environment and community with dangerously high
12levels of lead and arsenic.

13(8) Lead and arsenic are known carcinogens that increase the
14risk of skin, lung, and lymphatic cancer, and can cause
15developmental harm, damage to the nervous system, and damage
16reproductive health.

17(b) It is the intent of the Legislature to identify, protect, and
18defend overburdened communities that suffer from asthma, cancers,
19and other illnesses born from heavy industrial pollution and to
20ensure increased public participation from affected communities
21in the governmental decisionmaking process.

22

SEC. 2.  

Section 25186.2.5 is added to the begin deletePublic Resources end delete
23begin insertHealth and Safetyend insert Code
, to read:

24

25186.2.5.  

The department may temporarily suspend the
25operation of a facility operating under an expired permit that has
26been extended pursuant to subparagraph (B) of paragraph (1) of
27subdivision (c) of Section 25200 or an interim status pursuant to
28Section 25200.5 prior to a hearing if the department determines
29that the action is necessary to prevent or mitigate a risk to the
30public health or safety or the environment. The department shall
31notify the owner and operator of the facility of the temporary
32suspension and the effective date of the temporary suspension and
33at the same time shall serve the person with an accusation. Upon
34receipt by the department of a notice of defense to the accusation
35from the owner or operator of the facility, the department shall,
36within 15 days, set the matter for a hearing, which shall be held
37as soon as possible, but not later than 30 days after receipt of the
38notice. The temporary suspension shall remain in effect until the
39hearing is completed and the department has made a final
40determination on the merits, which shall be made within 60 days
P4    1after the completion of the hearing. If the determination is not
2transmitted within this period, the temporary suspension shall be
3of no further effect.

4

SEC. 3.  

Section 25200.7.5 is added to the Health and Safety
5Code
, to read:

6

25200.7.5.  

(a) On or before December 31, 2015, the department
7shallbegin delete take final actionend deletebegin insert issue a final permit decisionend insert on an application
8for a hazardous waste facilities permit submitted to the department
9by a facility operating under a grant of interim status pursuant to
10Section 25200.5 on or before January 1, 1986, by either issuing a
11final permit pursuant to the application or a final denial of
12application.

13(b) Interim status granted pursuant to Section 25200.5 for a
14facility described in subdivision (a) shall terminate on December
1531, 2015, or on the date on which the departmentbegin delete takes final actionend delete
16begin insert issues a final permit decisionend insert on the application for a hazardous
17waste facilities permit, whichever is earlier.begin insert If a person petitions
18the department for review of a final permit decision to approve a
19hazardous waste facilities permit or a facility currently operating
20under interim status, then the interim status shall not terminate
21until final administrative disposition of the petition, even if the
22final administrative disposition occurs after December 31, 2015.end insert

23(c) Except as provided in subdivision (b), interim status granted
24 for a facility before January 1, 2015, shall terminate on January
251, 2020, or on the date on which the departmentbegin delete takes final actionend delete
26begin insert issues a final permit decisionend insert on the application for a hazardous
27waste facilities permit, whichever is earlier.

28(d) Interim status granted for a facility on or after January 1,
292015, shall terminate five years from the date on which the interim
30status is granted or on the date on which the departmentbegin delete takes final
31actionend delete
begin insert issues a final permit decisionend insert on the application for a
32hazardous waste facilities permit, whichever is earlier.



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