BILL NUMBER: SB 812 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
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, 25187, 25187.2, 25200, 25360, and
25360.1 of, to add Sections 25200.21, 25200.22, 25205.5, and 25246.1
to, and to add and repeal Article 8.8 (commencing with Section
25199.20) of Chapter 6.5 of Division 20 of, the Health and Safety
Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 812, 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 provide that
an application for permit renewal shall be deemed denied if a final
permit decision has not been issued for the application within that
time period.
(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 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, until January 1, 2020, the DTSC
Community Oversight Committee within the department and require the
committee to 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.
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
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.
(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.
(f) Summary data for each permitted site regarding annual
quantities and types of hazardous waste generated, transported,
treated, stored, and disposed.
(g) Summary data on annual quantities and types of hazardous waste
generated, transported, treated, stored, and disposed.
(h) 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) 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.
(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.
(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.
(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.
(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. 4. Section 25187.2 of the Health and Safety Code is amended
to read:
25187.2. If a person is required to take corrective action with
respect to hazardous waste, that person shall pay for oversight of
the 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. 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. DTSC Community Oversight Committee
25199.20. (a) There is hereby established in the department, the
DTSC 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 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) Each member of the committee shall serve at the pleasure of
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.
(e) The committee shall do both of the following:
(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, 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.
(2) Serve as a resource and liaison for communities and residents
in communication with the 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.
(f) The department shall provide the committee with appropriate
per diem compensation consistent with Section 19822.5 of the
Government Code.
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. 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 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 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. 7. Section 25200.21 is added to the Health and Safety Code,
to read:
25200.21. On or before January 1, 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) Evidence of financial responsibility, qualifications of
ownership, and continuity of ownership and operation.
(e) Provision of financial assurances pursuant to Section 25200.1.
(f) Training of personnel in the safety culture and plans,
emergency plans, and maintenance of operations.
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.
(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
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.