BILL NUMBER: SB 812 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
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
25187, 25187.2, 25200, 25360, and 25360.1 of, to
add Sections 25196.7, 25200.20, 25200.21,
and 25200.22 25200.22, 25205.5, and 25246.1
to, and to add and repeal Article 8.8 (commencing
with Section 25199.20) to of 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 facilities handling hazardous waste to
obtain a permit from the Department of Toxic Substances Control.
Existing law requires an owner or operator of 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 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 issue a final permit decision has not been
issued 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 takes final action on the
application for a permit, whichever is earlier.
(2) Existing law requires the department, in the case of a release
of hazardous waste or constituents into the environment from a
hazardous waste facility that is required to obtain a permit, to
pursue available remedies, including the issuance of an order for
corrective action, before using available legal remedies, except in
specified circumstances.
This bill would repeal the above requirements and would instead
require the department, under specified circumstances, to request an
owner or operator of a hazardous waste facility to submit to the
department for review and approval a written cost estimate to cover
activities associated with a corrective action based on available
data, history of releases, and site activities, as specified. The
bill would require the owner or operator to submit the corrective
action cost estimate within 60 days of the department's request. The
bill would require the owner or operator, within 90 days of the
approval of the corrective action cost estimate, to fund the cost
estimate or enter into a schedule of compliance for assurances of
financial responsibility for completing the corrective action.
(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.
(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.
(4) Existing law authorizes the Department of Toxic Substances
Control to issue an order under the hazardous waste control laws
requiring that a violation be corrected and imposing a civil penalty
to specified persons, including a person who has violated various
provisions regulating hazardous waste or provisions concerning
removal and remedial actions for hazardous substance releases. A
person who is issued that order is required to pay for oversight of
the removal or remedial action.
Existing law, the Carpenter-Presley-Tanner Hazardous Substance
Account Act, authorizes the department to take or oversee removal and
remedial actions related to the release of hazardous substances.
Existing law authorizes the Attorney General to recover from the
liable person, as defined, the costs incurred by the department or a
California regional water quality control board in carrying out the
act and requires that any monetary obligation owed to the department
pursuant to the act or the hazardous waste control laws be subject to
a specified rate of interest earned in the Surplus Money Investment
Fund.
This bill would require a person to pay for oversight of any
corrective action required of the person with respect to hazardous
waste, and would authorize the recovery by the Attorney General of
costs incurred with regard to carrying out or overseeing a removal
action, a remedial action, or a corrective action under the act or
under the hazardous waste control laws. The bill would require any
monetary obligation owed to the department under the act or these
laws to accrue interest at the same rate as the modified adjusted
rate per annum imposed for underpayments of sales and use taxes to
the state.
(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 ,
until January 1, 2020, the DTSC Citizen
Community 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. make recommendations to the department to
increase public participation in, and the transparency of, the
department's decisionmaking, and to serve as a resource and liaison
for communities and residents in communication with the department.
The bill would require the department, by July 1, 2017, to develop
and implement programmatic reforms designed to improve the
protectiveness, timeliness, legal defensibility, and enforceability
of the department's permitting program.
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 from 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 improving 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, 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. issued.
(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. corrected.
(f) Data and summaries Summary data
for each permitted site regarding annual quantities and types of
hazardous waste generated, transported, treated, stored, and
disposed.
(g) Statewide data and summaries Summary
data on annual quantities and types of hazardous waste
generated, transported, treated, stored, and disposed.
(h) Data and summaries Summary
data 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 25187 of the Health and
Safety Code is amended to read:
25187. (a) (1) The department or a unified program agency, in
accordance with subdivision ( l ), may issue an order
requiring that the violation be corrected and imposing an
administrative penalty, for any violation of this chapter or any
permit, rule, regulation, standard, or requirement issued or adopted
pursuant to this chapter, whenever the department or Unified Program
Agency determines that a person has violated, is in violation of, or
threatens, as defined in subdivision (e) of Section 13304 of the
Water Code, to violate, this chapter or Chapter 6.8 (commencing with
Section 25300), or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter or Chapter 6.8
(commencing with Section 25300).
(2) In an order proposing a penalty pursuant to this section, the
department or Unified Program Agency shall take into consideration
the nature, circumstances, extent, and gravity of the violation, the
violator's past and present efforts to prevent, abate, or clean up
conditions posing a threat to the public health or safety or the
environment, the violator's ability to pay the proposed penalty, and
the prophylactic effect that the imposition of the proposed penalty
would have on both the violator and the regulated community as a
whole.
(b) The department or a unified program agency, in accordance with
subdivision ( l ), may issue an order requiring
corrective action whenever the department or Unified Program Agency
determines that there is or has been a release, as defined in Chapter
6.8 (commencing with Section 25300), of hazardous waste or
constituents into the environment from a hazardous waste facility.
(1) In the case of a release of hazardous waste or constituents
into the environment from a hazardous waste facility that is required
to obtain a permit pursuant to Article 9 (commencing with Section
25200), the department shall pursue the remedies available under this
chapter, including the issuance of an order for corrective action
pursuant to this section, before using the legal remedies available
pursuant to Chapter 6.8 (commencing with Section 25300), except in
any of the following circumstances:
(A) If the person who is responsible for the release voluntarily
requests in writing that the department issue an order to that person
to take corrective action pursuant to Chapter 6.8 (commencing with
Section 25300).
(B) If the person who is responsible for the release is unable to
pay for the cost of corrective action to address the release. For
purposes of this subparagraph, the inability of a person to pay for
the cost of corrective action shall be determined in accordance with
the policies of the Environmental Protection Agency for the
implementation of Section 9605 of Title 42 of the United States Code.
(C) If the person responsible for the release is unwilling to
perform corrective action to address the release. For purposes of
this subparagraph, the unwillingness of a person to take corrective
action shall be determined in accordance with the policies of the
Environmental Protection Agency for the implementation of Section
9605 of Title 42 of the United States Code.
(D) If the release is part of a regional or multisite groundwater
contamination problem that cannot, in its entirety, be addressed
using the legal remedies available pursuant to this chapter and for
which other releases that are part of the regional or multisite
groundwater contamination problem are being addressed using the legal
remedies available pursuant to Chapter 6.8 (commencing with Section
25300).
(E) If an order for corrective action has already been issued
against the person responsible for the release, or the department and
the person responsible for the release have, prior to January 1,
1996, entered into an agreement to address the required cleanup of
the release pursuant to Chapter 6.8 (commencing with Section 25300).
(F) If the hazardous waste facility is owned or operated by the
federal government.
(2)
(1) The order shall include a requirement that the
person take corrective action with respect to the release of
hazardous waste or constituents, abate the effects thereof, and take
any other necessary remedial action.
(3)
(2) If the order requires corrective action at a
hazardous waste facility, the order shall require that corrective
action be taken beyond the facility boundary, where necessary to
protect human health or the environment.
(4)
(3) The order shall incorporate, as a condition of the
order, any applicable waste discharge requirements issued by the
State Water Resources Control Board or a California regional water
quality control board, and shall be consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of the
Water Code and Article 3 (commencing with Section 13240) of Chapter 4
of Division 7 of the Water Code and state policies for water quality
control adopted pursuant to Article 3 (commencing with Section
13140) of Chapter 3 of Division 7 of the Water Code existing at the
time of the issuance of the order, to the extent that the department
or Unified Program Agency determines that those plans and policies
are not less stringent than this chapter and regulations adopted
pursuant to this chapter. The order may include any more stringent
requirement that the department or Unified Program Agency determines
is necessary or appropriate to protect water quality.
(5)
(4) Persons who are subject to an order pursuant to
this subdivision include present and prior owners, lessees, or
operators of the property where the hazardous waste is located,
present or past generators, storers, treaters, transporters,
disposers, and handlers of hazardous waste, and persons who arrange,
or have arranged, by contract or other agreement, to store, treat,
transport, dispose of, or otherwise handle hazardous waste.
(6)
(5) For purposes of this subdivision, "hazardous waste
facility" includes the entire site that is under the control of an
owner or operator engaged in the management of hazardous waste.
(c) Any order issued pursuant to this section shall be served by
personal service or certified mail and shall inform the person so
served of the right to a hearing. If the Unified Program Agency
issues the order pursuant to this section, the order shall state
whether the hearing procedure specified in paragraph (2) of
subdivision (f) may be requested by the person receiving the order.
(d) Any person served with an order pursuant to this section who
has been unable to resolve any violation or deficiency on an informal
basis with the department or Unified Program Agency may, within 15
days after service of the order, request a hearing pursuant to
subdivision (e) or (f) by filing with the department or Unified
Program Agency a notice of defense. The notice shall be filed with
the office that issued the order. A notice of defense shall be deemed
filed within the 15-day period provided by this subdivision if it is
postmarked within that 15-day period. If no notice of defense is
filed within the time limits provided by this subdivision, the order
shall become final.
(e) Any hearing requested on an order issued by the department
shall be conducted within 90 days after receipt of the notice of
defense by an administrative law judge of the Office of
Administrative Hearings of the Department of General Services in
accordance with Chapter 4.5 (commencing with Section 11400) of Part 1
of Division 3 of Title 2 of the Government Code, and the department
shall have all the authority granted to an agency by those
provisions.
(f) Except as provided in subparagraph (B) of paragraph (2), a
person requesting a hearing on an order issued by a unified program
agency may select the hearing process specified in either paragraph
(1) or (2) in the notice of defense filed with the Unified Program
Agency pursuant to subdivision (d). Within 90 days of receipt of the
notice of defense by the Unified Program Agency, the hearing shall be
conducted using one of the following procedures:
(1) An administrative law judge of the Office of Administrative
Hearings of the Department of General Services shall conduct the
hearing in accordance with Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) (A) A hearing officer designated by the Unified Program Agency
shall conduct the hearing in accordance with Chapter 4.5 (commencing
with Section 11400) of Part 1 of Division 3 of Title 2 of the
Government Code, and the Unified Program Agency shall have all the
authority granted to an agency by those provisions. When a hearing is
conducted by a unified program agency pursuant to this paragraph,
the Unified Program Agency shall, within 60 days of the hearing,
issue a decision.
(B) A person requesting a hearing on an order issued by a unified
program agency may select the hearing process specified in this
paragraph in a notice of defense filed pursuant to subdivision (d)
only if the Unified Program Agency has, as of the date the order is
issued pursuant to subdivision (c), selected a designated hearing
officer and established a program for conducting a hearing in
accordance with this paragraph.
(g) The hearing decision issued pursuant to subdivision (f) shall
be effective and final upon issuance. Copies of the decision shall be
served by personal service or by certified mail upon the party
served with the order and upon other persons who appeared at the
hearing and requested a copy.
(h) Any provision of an order issued under this section, except
the imposition of an administrative penalty, shall take effect upon
issuance by the department or Unified Program Agency if the
department or Unified Program Agency finds that the violation or
violations of law associated with that provision may pose an imminent
and substantial endangerment to the public health or safety or the
environment, and a request for a hearing shall not stay the effect of
that provision of the order pending a hearing decision. However, if
the department or Unified Program Agency determines that any or all
provisions of the order are so related that the public health or
safety or the environment can be protected only by immediate
compliance with the order as a whole, then the order as a whole,
except the imposition of an administrative penalty, shall take effect
upon issuance by the department or Unified Program Agency. A request
for a hearing shall not stay the effect of the order as a whole
pending a hearing decision.
(i) A decision issued pursuant to this section may be reviewed by
the court pursuant to Section 11523 of the Government Code. In all
proceedings pursuant to this section, the court shall uphold the
decision of the department or Unified Program Agency if the decision
is based upon substantial evidence in the whole record. The filing of
a petition for writ of mandate shall not stay any action required
pursuant to this chapter or the accrual of any penalties assessed
pursuant to this chapter. This subdivision does not prohibit the
court from granting any appropriate relief within its jurisdiction.
(j) (1) All administrative penalties collected from actions
brought by the department pursuant to this section shall be placed in
a separate subaccount in the Toxic Substances Control Account and
shall be available only for transfer to the Site Remediation Account
or the Expedited Site Remediation Trust Fund and for expenditure by
the department upon appropriation by the Legislature.
(2) The administrative penalties collected from an action brought
by the department pursuant to Sections 25214.3, 25214.22.1, 25215.7,
in accordance with this section, shall be deposited in the Toxic
Substances Control Account, for expenditure by the department for
implementation and enforcement activities, upon appropriation by the
Legislature, pursuant to Section 25173.6.
(k) All administrative penalties collected from an action brought
by a unified program agency pursuant to this section shall be paid to
the Unified Program Agency that imposed the penalty, and shall be
deposited into a special account that shall be expended to fund the
activities of the Unified Program Agency in enforcing this chapter
pursuant to Section 25180.
( l ) The authority granted under this section to a
unified program agency is limited to both of the following:
(1) The issuance of orders to impose penalties and to correct
violations of the requirements of this chapter and its implementing
regulations, only when the violations are violations of requirements
applicable to hazardous waste generators and persons operating
pursuant to a permit-by-rule, conditional authorization, or
conditional exemption, when the violations occur at a unified program
facility within the jurisdiction of the CUPA.
(2) The issuance of orders to require corrective action when there
has been a release of hazardous waste or constituents only when the
Unified Program Agency is authorized to do so pursuant to Section
25404.1.
(m) The CUPA shall annually submit a summary report to the
department on the status of orders issued by the unified program
agencies under this section and Section 25187.1.
(n) The CUPA shall consult with the district attorney for the
county on the development of policies to be followed in exercising
the authority delegated pursuant to this section and Section 25187.1,
as they relate to the authority of unified program agencies to issue
orders.
(o) The CUPA shall arrange to have appropriate legal
representation in administrative hearings that are conducted by an
administrative law judge of the Office of Administrative Hearings of
the Department of General Services, and when a decision issued
pursuant to this section is appealed to the superior court.
(p) The department may adopt regulations to implement this section
and paragraph (2) of subdivision (a) of Section 25187.1 as they
relate to the authority of unified program agencies to issue orders.
The regulations shall include, but not be limited to, all of the
following requirements:
(1) Provisions to ensure coordinated and consistent application of
this section and Section 25187.1 when both the department and the
Unified Program Agency have or will be issuing orders under one or
both of these sections at the same facility.
(2) Provisions to ensure that the enforcement authority granted to
the unified program agencies will be exercised consistently
throughout the state.
(3) Minimum training requirements for staff of the Unified Program
Agency relative to this section and Section 25187.1.
(4) Procedures to be followed by the department to rescind the
authority granted to a unified program agency under this section and
Section 25187.1, if the department finds that the Unified Program
Agency is not exercising that authority in a manner consistent with
this chapter and Chapter 6.11 (commencing with Section 25404) and the
regulations adopted pursuant thereto.
(q) Except for an enforcement action taken pursuant to this
chapter or Chapter 6.8 (commencing with Section 25300), this section
does not otherwise affect the authority of a local agency to take any
action under any other provision of law.
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. Section 25187.2 of the Health
and Safety Code is amended to read:
25187.2. If a removal or remedial action order issued
pursuant to Section 25187 to a potentially responsible party requires
a person is required to take corrective action
with respect to hazardous waste, that person shall pay for oversight
of the removal or remedial corrective
action. This section does not prohibit the department or unified
program agency from assessing any other penalty or recovering any
costs for oversight of a removal or remedial action, pursuant to any
other provision. Nothing in this section limits the due process
requirements of Section 25187.
SEC. 4. SEC. 5. 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
DTSC Community Oversight Committee
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 hiring or training any staff member who is selected to
conduct internal affairs investigations, the California Environmental
Protection Agency shall conduct a complete and thorough background
check of the staff member. Each staff member 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.
(ii) The report shall be posted on the department's Internet Web
site and otherwise made available to the public upon its release to
the Governor, the Legislature, and DTSC Citizen Oversight Committee.
(iii) The Secretary for Environmental Protection shall appoint the
director of the bureau who shall oversee and administer the bureau.
25199.21. 25199.20. (a) There is
hereby established in the department, the DTSC Citizen
Community 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.
Secretary for Environmental Protection.
(2) Four members appointed by the Senate Committee on Rules.
(3) Four members appointed by the Speaker of the Assembly.
(c) Members Each member of the
committee shall serve at the pleasure of their
his or her appointing authority.
(d) Beginning March 1, 2015, the committee shall meet at least
three times during that year, then quarterly beginning in the 2016
calendar year.
(d)
(e) The committee shall do all
both 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)
(1) 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. decisionmaking, including
providing input to the director on ways to improve the department's
permitting of hazardous waste facilities and enforcement actions,
particularly with regards to public participation and in communities
identified pursuant to Section 39711 that are burdened by multiple
sources of pollution.
(4)
(2) Serve as a resource and liaison for communities and
residents in communication with the department.
department, including reviewing the department's current efforts
and providing input to the director on ways to improve the
department's outreach to, and communication with, communities and
stakeholders, to increase public participation in, and the
transparency of, the department's permitting process.
(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.
25199.21. This article shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 5. SEC. 6. 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 all applicable rights of appeal have been exhausted.
(D) (i) The department shall 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 issue
a final permit decision has not been issued
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 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 issue a
final permit decision has not been issued on or before
January 1, 2018.
(iii) This subparagraph does not apply to applications for
postclosure 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
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 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. SEC. 7. Section 25200.21 is
added to the Health and Safety Code, to read:
25200.21. On or before January 1, 2016,
2017, 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) Certification 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)
(d) Evidence of financial responsibility,
qualifications of ownership, and continuity of ownership and
operation.
(g)
(e) Provision of financial assurances pursuant to
Section 25200.1.
(h)
(f) Training of personnel in the safety culture and
plans, emergency plans, and maintenance of operations.
(i) Consistent compliance with established standards.
SEC. 9. SEC. 8. 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 a draft permit.
SEC. 9. Section 25205.5 is added to the
Health and Safety Code , to read:
25205.5. On or before July 1, 2017, the department shall develop
and implement programmatic reforms designed to improve the
protectiveness, timeliness, legal defensibility, and enforceability
of the department's permitting program, including strengthening
environmental justice safeguards, and enhancing enforcement of public
health protections, and public participation and outreach
activities. In accomplishing these reforms, the department shall do
all of the following:
(a) Establish transparent standards and procedures for permitting
decisions, including those that are applicable to permit revocation
and denial.
(b) Establish terms and conditions on permits to better protect
public health and the environment, including in imminent and
substantial endangerment situations.
(c) Employ consistent procedures for reviewing permit
applications, integrating public input into those procedures, and
making timely permit decisions.
(d) Enhance public involvement using procedures that provide for
early identification and integration of public concerns into
permitting decisions, including concerns of communities identified
pursuant to Section 39711.
SEC. 10. Section 25246.1 is added to the
Health and Safety Code , to read:
25246.1. (a) After the department has identified a release or
releases of a hazardous waste or a hazardous waste constituent into
the environment from a hazardous waste facility or when the
department determines that corrective action is necessary, the
department shall request an owner or operator of a hazardous waste
facility to submit to the department for review and approval a
written cost estimate to cover activities associated with corrective
action based on available data, history of releases, and site
activities.
(b) The corrective action cost estimate shall be based on, and be
no less stringent than, the ASTM International (ASTM) Standard
E2150-13.
(c) (1) The owner or operator of a hazardous waste facility shall
submit the corrective action cost estimate to the department within
60 days from the department's request.
(2) If the department determines the corrective action cost
estimate is substantially incomplete or includes substantially
unsatisfactory information, the department shall provide a notice of
deficiency to the owner or operator of the facility within 60 days of
receipt of the corrective action cost estimate.
(3) The owner or operator of the facility shall submit a revised
corrective action cost estimate based on the information provided in
the notice of deficiency within 30 days.
(4) The department shall approve or deny the revised corrective
action cost estimate within 30 days.
(5) If the corrective action cost estimate does not address the
information provided in the notice of deficiency, as determined by
the department, the department shall deny the revised corrective
action cost estimate and shall, within 60 days, develop its own
corrective action cost estimate that will be the approved estimate
for the facility.
(d) The owner or operator of a facility, within 90 days of the
approval of a corrective action cost estimate, shall fund the
approved corrective action cost estimate or shall enter into a
schedule of compliance for assurances of financial responsibility for
completing the corrective action.
(e) If the department determines that the timing or content of a
submission of a cost estimate and financial assurance documents are
not consistent with the degree and duration of risk posed by the
release or releases to be addressed by the corrective action
activities, the department shall adjust the level of financial
assurance or timing of document submission required by this section
as may be necessary to protect human health and the environment.
(f) If the owner or operator of a hazardous waste facility is
required to submit a financial assurance mechanism for corrective
action, the financial assurance shall be in the form of a trust fund,
surety bond, letter of credit, insurance, or any other mechanism
authorized under the federal act and the regulations adopted by the
department for financial assurance mechanisms.
(g) The department may adopt, and revise, when appropriate,
standards and regulations to implement this section. Additionally,
the department may adopt emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, to implement this section. The
adoption of these regulations shall be declared an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare for purposes of Sections 11346.1 and
11349.6 of the Government Code.
SEC. 11. Section 25360 of the Health
and Safety Code is amended to read:
25360. (a) Any costs incurred by the department or regional board
in carrying out or overseeing a removal action, a remedial
action, or a corrective action under this chapter or
Chapter 6.5 (commencing with Section 25100) shall be
recoverable pursuant to state or federal law by the Attorney General,
upon the request of the department or regional board, from the
liable person or persons. The amount of any response action costs
that may be recovered pursuant to this section shall include interest
on any amount paid. The interest on amounts paid from the
state account or the Site Remediation Account shall be calculated at
the rate of return earned on investment in the Surplus Money
Investment Fund pursuant to Section 16475 of the Government Code.
(b) A person who is liable for costs incurred at a site shall have
the liability reduced by any reimbursements that were paid by that
person for that site pursuant to Section 25343.
(c) The amount of cost determined pursuant to this section shall
be recoverable at the discretion of the department, either in a
separate action or by way of intervention as of right in an action
for contribution or indemnity. Nothing in this section deprives a
party of any defense that the party may have.
(d) Money recovered by the Attorney General pursuant to this
section shall be deposited in the state account.
SEC. 12. Section 25360.1 of the Health
and Safety Code is amended to read:
25360.1. Any monetary obligation to the department pursuant to
Chapter 6.5 (commencing with Section 25100) or this chapter shall
be subject to interest from the date of the demand at the
same rate of return earned on investment in the Surplus Money
Investment Fund pursuant to Section 16475 of the Government Code,
accrue interest at the same rate as the modified
adjusted rate per annum established pursuant to Section 6591.5 of the
Revenue and Taxation Code, except the department may waive the
interest if the obligation is satisfied within 60 days from the date
of invoice.