SB 812, as introduced, De León. Hazardous waste: facilities permitting.
Existing law requires hazardous waste facilities to operate under hazardous waste facilities permits or grants of authorization issued by the Department of Toxic Substances Control. Existing law establishes procedures for a land use decision by a local agency concerning a hazardous waste facility project, as defined. The department is required to review for completeness each application for a hazardous waste facilities permit and to notify the applicant within 30 days of receipt whether the application is complete.
This bill would increase to 60 days the time in which the department is required to make that notification to an applicant.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25199.6 of the Health and Safety Code
2 is amended to read:
(a) Section 65943 of the Government Code does not
4apply to the department’s review of applications for a hazardous
5waste facilities permit. The department shall review for
6completeness each application for a hazardous waste facilities
P2 1permit and notify the applicant in writing whether the application
2is complete withinbegin delete 30end deletebegin insert 60end insert days from the date of receipt. If the
3application is incomplete, the department shall require the applicant
4to provide the information necessary to make the application
5complete. An application is not deemed to be complete until the
6department notifies the applicant that the
application is complete.
7After an application is determined to be complete, the department
8may request additional information only when necessary to clarify,
9modify, or supplement previously submitted material.
10(b) Notwithstanding Section 65952 of the Government Code,
11any public agency that is a responsible agency for a hazardous
12waste facility project that is a land disposal facility shall approve
13or disapprove the project within one of the following periods of
14time, whichever is longer:
15(1) Within one year from the date on which the lead agency
16approved or disapproved the project.
17(2) Within one year from the date on which the completed
18application for the project has been received, and accepted as
19complete, by that responsible agency.
20(c) Notwithstanding Section 65952 of the Government Code
21and Section 25199.2, any public agency that is a responsible agency
22for a hazardous waste facility project that is not a land disposal
23facility shall approve or disapprove the project within one of the
24following periods of time, whichever is longer:
25(1) Within 180 days from the date on which the lead agency
26approved or disapproved the project.
27(2) Within 180 days from the date on which the completed
28application for the project has been received, and accepted as
29complete, by that responsible agency.
30(d) Subdivision (b) of Section 65956 of the Government Code
31does not apply to the failure of a lead agency or responsible agency
32to approve or disapprove a permit for a hazardous waste facility
33project within the time limits established by Sections 65950
and
3465952 of the Government Code and subdivisions (b) and (c) of
35this section. If a lead agency or a responsible agency fails to act
36 within those time limits, the applicant may file an action pursuant
37to Section 1085 of the Code of Civil Procedure to compel the
P3 1agency to approve or disapprove the permit for the project within
2a reasonable time, as the court may determine.
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