BILL NUMBER: SB 812 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 17, 2014
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator De León
FEBRUARY 22, 2013
An act to amend Section 25200 of, and to add Section 25200.20 to,
the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 812, as amended, De León. Hazardous waste: facilities
permitting.
Existing law requires the facilities handling hazardous waste to
obtain a permit from the Department of Toxic Substances Control.
Existing law requires an owner or operator of the facility intending
to renew the facility's permit to submit a complete Part A
application for a permit renewal prior to the expiration of the
permit. Existing law requires the owner or operator to submit a
complete Part B of the application when requested
by the department.
This bill would require the owner or operator intending
to renew the facility's permit to submit a complete Part B
application prior to the expiration of the permit.
would instead require the owner or operator of a facility to submit
complete Part A and Part B applications for a permit renewal at least
2 years prior to the expiration date of the permit. The bill
would require the department to approve or deny the application for
permit renewal within 36 months of the expiration of the facility's
permit. The bill would deem an application for permit renewal be
denied if the department fails to approve or deny the application
within that time period.
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 provide that interim status granted on or after
January 1, 2015, terminates 5 years from the date the interim status
is granted or on the date the department took final action on the
application for a permit, whichever is earlier.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The mission of the Department of Toxic Substances Control, as
noted in its mission statement, is "to protect California's people
and environment from harmful effects of toxic substances through the
restoration of contaminated resources, enforcement, regulation and
pollution prevention."
(2) In an effort to protect the public health and minimize
environmental impacts, the state requires that each hazardous waste
management facility that treats, stores, handles, or disposes of
hazardous waste obtain a permit or other authorization from the
department.
(3) Currently, the department regulates 117 facilities across the
state that store, treat, or dispose of hazardous waste. Of these
facilities, nearly a quarter are operating on permits whose original
expiration dates have passed.
(4) One facility operated by Exide Technologies in Vernon,
California has been allowed to operate on an interim permit for over
30 years, regardless of its repeated violations of environmental and
public health standards.
(5) Unfortunately, many communities continue to suffer with toxic
emissions and releases with limited protection from our current
hazardous waste management regulatory system.
(6) The longstanding problems at the Exide Technologies facility
are only the most recent examples of the system's failures.
(b) It is the intent of the Legislature to strengthen our
hazardous waste management regulatory system to better protect
vulnerable communities and residents from toxic pollution by
addressing loopholes in the permitting system.
SEC. 2. Section 25200 of the Health and Safety Code is amended to
read:
25200. (a) The department shall 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 the
building standards published in the State Building Standards Code
relating to hazardous waste facilities and the other standards and
requirements adopted pursuant to this chapter. 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 conditions on a hazardous waste facilities permit that are
consistent with the intent of this chapter.
(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 any 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 any land disposal facility, storage facility, incinerator, or
other treatment facility.
(B) The owner or operator of a facility intending to extend the
term of the facility's permit shall submit a
complete Part A and Part B application
applications for a permit renewal before the fixed
term of the permit expires. at least 2 years prior to
the expiration date of the permit. Any other relevant
information shall be submitted as and when requested by the
department.
(C) To the extent not inconsistent with the federal act, for an
owner or operator in compliance with subparagraph (B), 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.
(D) (i) The department shall approve or deny the application for
permit renewal for a facility within 36 months following the
expiration of the permit's fixed term. An application for permit
renewal is deemed denied if the department fails to act within 36
months following the expiration of the permit's fixed term.
(ii) Notwithstanding clause (i), for a facility with a permit that
expired on or before January 1, 2015, and for which an application
for permit renewal had been submitted before January 1, 2015, the
department shall approve or deny the application on or before January
1, 2018. An application for permit renewal is deemed denied if the
department fails to act on or before January 1, 2018.
(E) 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.
(F) 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.
(G) 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 any 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.
SEC. 3. Section 25200.20 is added to the Health and Safety Code,
to read:
25200.20. Interim status granted for a facility pursuant to
Section 25200.5 on or after January 1, 2015, shall terminate five
years from the date the interim status is granted or on the date the
department takes final action on the application for a hazardous
waste facilities permit, whichever is earlier.