BILL NUMBER: SB 812 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2014
AMENDED IN ASSEMBLY JUNE 12, 2014
AMENDED IN SENATE JANUARY 17, 2014
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator De León
FEBRUARY 22, 2013
An act to amend Sections 25178, 25200, and 25200.1 of, to add
Sections 25196.7, 25200.20, 25200.21, and 25200.22 to, and to add
Article 8.8 (commencing with Section 25199.20) to Chapter 6.5 of
Division 20 of, the Health and Safety Code, relating to hazardous
waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 812, as amended, De León. Hazardous waste.
(1) 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 a 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
application when requested by the department. Existing law requires
the department to issue a permit if the facility meets specified
requirements.
This bill 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 issue a final permit decision for an
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
issue a final permit decision for the
application within that time period. The bill would require the
department, on or before January 1, 2016, to adopt regulations
requiring financial bonds or other security for a hazardous waste
facility, and establishing additional specified criteria to be used
by the department in its permitting decisions.
(2) 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
takes final action on the application for a permit, whichever
is earlier.
(3) Existing law requires the department, on or before January 1
of each odd-numbered year, to post on its Internet Web site specified
information.
This bill would add certain information that would need to be
posted and would require that the information be translated into
Spanish.
(4) Existing law authorizes the department to take enforcement
actions for alleged violations of any law or regulations regulating
hazardous waste.
This bill would require the department, as part of any enforcement
action alleging a release of hazardous waste in violation of law, to
contract with an independent 3rd party to conduct required testing
to verify that the release of the hazardous waste has been abated and
the site remediated.
(5) This bill would establish the Bureau of Internal Affairs
within the department to investigate any complaint alleging
departmental misconduct. The bill would further require the bureau to
review policies, practices, and procedures of the department upon
the request of the Governor, the Senate Committee on Rules, or the
Speaker of the Assembly. The bill would establish the DTSC Citizen
Oversight Committee within the department and require the committee
to perform various duties, including, among other things, receiving
complaints alleging departmental misconduct and referring allegations
of departmental misconduct to the bureau, to the Criminal
Investigation Division of the California Environmental Protection
Agency, or to another entity, as appropriate.
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 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) Complete copies of the final hazardous waste facilities permit
applications received.
(2) A searchable list and map of final hazardous waste facilities
permits issued to date.
(3) A searchable list and map 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,
including the department's evaluation and findings of each of the
criteria listed in Section 25200.21 and its regulations as well as
any other criteria used by the department to evaluate the permit
application.
(5) A complete description of the findings supporting each final
hazardous waste facility permit granted by the department, including
the department's evaluation and findings of each of the criteria
listed in Section 25200.21 and its regulations as well as any other
criteria used by the department to evaluate the permit application.
(c) The status of the hazardous waste facilities siting program.
(d) The status of the hazardous waste abandoned sites program.
(e) A searchable list and map of enforcement actions taken by the
department pursuant to this chapter and any other actions relating to
hazardous waste management. The list and map shall specify whether
the violations have been corrected and include links to inspection
reports, final orders, and enforcement actions taken by other
agencies.
(f) Data and summaries for each permitted site regarding annual
quantities and types of hazardous waste generated, transported,
treated, stored, and disposed.
(g) Statewide data and summaries on annual quantities and types of
hazardous waste generated, transported, treated, stored, and
disposed.
(h) Data and summaries regarding 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 (a) of Section 25197.1, subdivision (c)
of Section 25354, and Sections 25334.7, and 25356.5.
(n) A status report on the cleanup of the McColl Hazardous Waste
Disposal Site in Orange County.
SEC. 3. Section 25196.7 is added to the Health and Safety Code, to
read:
25196.7. As part of an enforcement action alleging a release of
hazardous waste in violation of this chapter taken by the department,
the department shall contract with an independent third party to
conduct any required testing to verify that the alleged violation of
this chapter has been abated and the site has been remediated.
SEC. 4. Article 8.8 (commencing with Section 25199.20) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 8.8. Bureau of Internal Affairs
25199.20. (a) The Legislature finds and declares that there
exists a need for a Bureau of Internal Affairs with appropriately
trained personnel, who will perform their duties with honesty and
credibility and without conflicts of interest to oversee the
department.
(b) For the purposes of this article, "bureau" means the Bureau of
Internal Affairs established pursuant to subdivision (c).
(c) There is hereby established an independent Bureau of Internal
Affairs within the department to do all of the following:
(1) Determine when allegations of misconduct within the department
warrant an internal affairs investigation.
(2) Conduct complete, objective, and independent investigations of
alleged departmental misconduct.
(3) Complete all investigations in a timely and thorough manner.
(4) Report any and all findings to the department and to the DTSC
Citizen Oversight Committee established pursuant to Section 25199.21.
(d) To meet the objectives of this section, all of the following
shall occur:
(1) Before training any peace officer, who is selected to conduct
internal affairs investigations, the California Environmental
Protection Agency shall conduct a complete and thorough background
check of the peace officer. The background check shall be in addition
to the background screening required when the person was hired as a
peace officer. Each peace officer shall satisfactorily pass the
background check required by this paragraph before his or her
appointment to conduct internal investigations pursuant to this
section. A person who has been a subject of a sustained, serious
disciplinary action, including, but not limited to, termination,
suspension, or demotion, shall not pass the background check.
(2) All internal affairs allegations or complaints, whether
investigated or not, shall be logged and numbered sequentially on an
annual basis. The log shall specify, but not be limited to, the
following information:
(A) The sequential number of the allegation or complaint.
(B) The date of receipt of the allegation or complaint.
(C) The location of the facility to which the allegation or
complaint pertains.
(D) The disposition of all actions taken, including any final
actions taken.
(3) The log established pursuant to paragraph (2) shall be made
available to the DTSC Citizen Oversight Committee and posted on the
department's Internet Web site.
(4) The department shall not direct or influence, or attempt to
direct or influence, the investigation or the operations of the
bureau.
(e) Consistent with the purposes of this section, the
investigators within the bureau shall conduct investigations and
inquiries in a manner that provides a complete and thorough
presentation of the facts regarding the allegation or complaint. All
extenuating and mitigating facts shall be explored and reported. All
reports prepared by the investigator shall provide a complete
recitation of the facts.
(f) An uncorroborated or anonymous allegation shall not be the
sole basis for disciplinary action by the department, but may be a
basis for an investigation.
(g) All reports shall be submitted in a standard format, beginning
with a statement of the allegation or complaint, provide all
relevant facts, and include the investigator's signature certifying
that the investigator has complied with applicable provisions.
(h) In addition to its duties specified in subdivision (c), the
bureau shall also do all of the following:
(1) Upon request by the Governor, the Senate Committee on Rules,
or the Speaker of the Assembly, the bureau shall review the policies,
practices, and procedures of the department. The bureau may
recommend that the Governor, the Senate Committee on Rules, or the
Speaker of the Assembly request a review of a specific departmental
policy, practice, or procedure that raises a significant issue
relevant to the effectiveness of the department. When exigent
circumstances of unsafe or life-threatening conditions arise, the
bureau may, by whatever means is most expeditious, notify the
Governor, the Senate Committee on Rules, or the Speaker of the
Assembly.
(2) Upon completion of a review, the bureau shall prepare a
complete written report that shall be made public. A copy of the
report shall be posted on the department's Internet Web site.
(3) The bureau shall, during the course of the review, identify
areas of full and partial compliance or noncompliance with
departmental policies and procedures, specify deficiencies in the
completion of documentation of processes, and recommend corrective
actions, including, but not limited to, additional training,
additional policies, or changes in policies, as well as any other
findings or recommendations that the bureau deems appropriate.
(4) (A) The bureau shall issue regular reports, no less than
annually, to the Governor, the Legislature, and to the DTSC Citizen
Oversight Committee established pursuant to Section 25199.21
summarizing its recommendations concerning its investigations into
allegations of departmental misconduct.
(B) The report submitted to the Legislature pursuant to
subparagraph (A) shall be submitted in compliance with Section 9795
of the Government Code.
(C) (i) The report required pursuant to this paragraph shall
include, but not be limited to, all of the following:
(I) Data on the number, type, and disposition of complaints made
against the department.
(II) A synopsis of each matter reviewed by the bureau.
(III) A summary of the bureau's recommendations regarding the
disposition in the case and the level of discipline imposed, and the
degree to which the department agrees with the bureau's
recommendations regarding the disposition and level of discipline.
(IV) The extent to which any discipline was modified after
imposition.
(i)
(ii) The report shall be posted on the department's
Internet Web site and otherwise made available to the public upon
their release to the Governor, the Legislature, and DTSC Citizen
Oversight Committee.
(ii)
(iii) The Secretary for Environmental Protection shall
appoint the director of the bureau who shall oversee and administer
the bureau.
25199.21. (a) There is hereby established in the department, the
DTSC Citizen Oversight Committee composed of 13 members representing
California residents affected by hazardous waste. The committee
members shall not include representatives from the department or an
entity regulated by the department pursuant to this chapter.
(b) Members of the committees shall be appointed as follows:
(1) Five members appointed by the Governor.
(2) Four members appointed by the Senate Committee on Rules.
(3) Four members appointed by the Speaker of the Assembly.
(c) Members of the committee shall serve at the pleasure of their
appointing authority.
(d) The committee shall do all of the following:
(1) Receive allegations of departmental misconduct from members of
the public.
(2) Refer allegation of misconduct to the Criminal Investigation
Division of the California Environmental Protection Agency or the
bureau, as appropriate.
(3) Make recommendations for changes in policies, procedures, and
standards of the department to increase public participation in, and
the transparency of, the department's decisionmaking process.
(4) Serve as a resource and liaison for communities and residents
in communication with the department.
(5) Review and make public any reports received from the bureau.
(e) The department shall not direct or influence, or attempt to
direct or influence, the operation of the committee.
(f) The department shall provide the committee with appropriate
per diem compensation consistent with Section 19822.5 of the
Government Code.
25199.23. Any information exempted from public disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) or any other law shall not be disclosed to the
public in a report or other document required by this article to be
made public.
SEC. 5. 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 complete Part A and Part B
applications for a permit renewal at least two 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. appeal have been
exhausted.
(D) (i) The department shall approve or deny the
application issue a final permit decision
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
issue a final permit decision 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 issue a
final permit decision for the application on or before January
1, 2018. An application for permit renewal is deemed denied if the
department fails to act issue a final permit
decision on or before January 1, 2018.
(iii) This subparagraph does not apply to applications for
post-closure permits.
(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 ensure 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 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.
SEC. 6. Section 25200.1 of the Health and Safety Code is amended
to read:
25200.1. (a) Notwithstanding Section 25200, the department shall
not issue a hazardous waste facility permit to a facility which
commences operation on or after January 1, 1987, unless the
department determines that the facility operator is in compliance
with regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.
(b) (1) On or before January 1, 2016, the department shall adopt
regulations requiring a financial bond or other security with respect
to the nature and scope of the activity authorized and with respect
to any potential risk or injury to human health or the environment
from a person or entity that applies for a hazardous waste facilities
permit pursuant to this article.
(2) The department shall determine the manner in which, and the
condition under which, any security that is deposited pursuant to
regulations adopted pursuant to this subdivision may be forfeited or
returned, in whole or in part.
(3) Regulations adopted pursuant to this subdivision do not apply
to governmental entities.
SEC. 7. 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.
SEC. 8. Section 25200.21 is added to the Health and Safety Code,
to read:
25200.21. On or before January 1, 2016, the department shall
adopt regulations establishing additional criteria that the
department shall use to determine whether to issue a new permit or a
renewal of a permit pursuant to this article. These criteria shall
include, but are not limited to, all of the following:
(a) Number and types of past violations that will result in a
denial.
(b) The vulnerability of, and existing health risks to, nearby
populations. Vulnerability shall be assessed using the
CalEnviroScreen tool, local and regional health risk assessments, the
region's federal Clean Air Act attainment status, and other
indicators of community vulnerability, cumulative impact, and
potential risks to health and well being.
(c) Minimum setback distances from sensitive receptors, such as
schools, childcare facilities, residences, hospitals, elder care
facilities, and other sensitive locations.
(d) Certification, supported by substantial evidence, by the owner
or operator that the facility sought to be permitted uses the least
hazardous materials, production formulations, and production
processes reasonably available, when appropriate.
(e) Certified by substantial evidence by the owner or operator
that it has employed all technically feasible, economically
practicable source reduction, as defined in Section 25244.14, when
appropriate.
(f) Evidence of financial responsibility, qualifications of
ownership, and continuity of ownership and operation.
(g) Provision of financial assurances pursuant to Section 25200.1.
(h) Training of personnel, safety culture and plans, emergency
plans, and maintenance of operations.
(i) Consistent compliance with established standards.
SEC. 9. Section 25200.22 is added to the Health and Safety Code,
to read:
25200.22. The department shall provide a public notice and
comment period before the preparation and adoption of a draft permit.
The department shall consider and respond to all public comments
received before preparing and adopting a draft permit.