California Legislature—2015–16 Regular Session

Assembly BillNo. 1075


Introduced by Assembly Member Alejo

February 27, 2015


An act to amend Sections 25186 and 25186.2 of, and to add Section 25189.4 to, the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1075, as introduced, Alejo. Hazardous waste: enforcement.

(1) The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. (PU RN20142004609 )

This bill, if a person or entity violates or fails to comply with specified provisions after that person or entity has been found liable for, or been convicted of, two or more previous violations of or noncompliance with those same provisions during a 5-year period, would require the department to consider, except under specified circumstances, the violation or noncompliance as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person.

(2) Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment.

This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment.

(3) Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.

This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 25186 of the Health and Safety Code is
2amended to read:

3

25186.  

begin insert(a)end insertbegin insertend insertThe department may deny, suspend, or revoke any
4permit, registration, or certificate applied for, or issued, pursuant
5to this chapter in accordance with the procedures specified in
6Sections 25186.1 and 25186.2, where the applicant or holder of
7the permit, registration, or certificate, or in the case of a business
8concern, any trustee, officer, director, partner, or any person
9holding more than 5 percent of the equity in or debt liability of
10that business concern, has engaged in any of the following:

begin delete

11(a)

end delete

12begin insert(1)end insert Any violation of, or noncompliance with, this chapter,
13Chapter 6.7 (commencing with Section 25280), Chapter 6.8
14(commencing with Section 25300), the Porter-Cologne Water
15Quality Control Act (Division 7 (commencing with Section 13000)
16of the Water Code), the Resource Conservation and Recovery Act
17of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous
18Materials Transportation Act (49 U.S.C. Sec. 1801 et seq.), the
19Comprehensive Environmental Response, Compensation, and
20Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic
21Substances Control Act (15 U.S.C. Sec. 2601 et seq.) or any other
22equivalent federal or state statute or any requirement or regulation
P3    1adopted pursuant thereto relating to the generation, transportation,
2treatment, storage, recycling, disposal or handling of a hazardous
3waste, as defined in Section 25117, a hazardous substance, as
4defined in Section 25316, or a hazardous material, as defined in
5Section 353 of the Vehicle Code, if the violation or noncompliance
6shows a repeating or recurring pattern or may pose a threat to
7public health or safety or the environment.

begin delete

8(b)

end delete

9begin insert(2)end insert The aiding, abetting, or permitting of any violation of, or
10noncompliance with, this chapter, Chapter 6.7 (commencing with
11Section 25280), Chapter 6.8 (commencing with Section 25300),
12the Porter-Cologne Water Quality Act (Division 7 (commencing
13with Section 13000) of the Water Code), the Resource
14Conservation and Recovery Act of 1976, as amended, (42 U.S.C.
15Sec. 6901 et seq.), the Hazardous Materials Transportation Act
16(49 U.S.C. Sec. 1801 et seq.), the Comprehensive Environmental
17Response, Compensation and Liability Act of 1980 (42 U.S.C.
18Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C.
19Sec. 2601 et seq.), or any other equivalent federal or state statute
20or any requirement or regulation adopted pursuant thereto relating
21to the generation, transportation, treatment, storage, recycling,
22disposal or handling of a hazardous waste, as defined in Section
2325117, a hazardous substance, as defined in Section 25316, or a
24hazardous material, as defined in Section 353 of the Vehicle Code,
25if the violation or noncompliance shows a repeating or recurring
26pattern or may pose a threat to public health or safety or the
27environment.

begin delete

28(c)

end delete

29begin insert(3)end insert Any violation of, or noncompliance with, any order issued
30by a state or local agency or by a hearing officer or a court relating
31to the generation, transportation, treatment, storage, recycling,
32disposal or handling of a hazardous waste, as defined in Section
3325117, a hazardous substance, as defined in Section 25316, or a
34hazardous material, as defined in Section 353 of the Vehicle Code.

begin delete

35(d)

end delete

36begin insert(4)end insert Any misrepresentation or omission of a significant fact or
37other required information in the application for the permit,
38registration, or certificate, or in information subsequently reported
39to the department or to a local officer or agency authorized to
40enforce this chapter pursuant to subdivision (a) of Section 25180.

begin delete

P4    1(e)

end delete

2begin insert(5)end insertbegin insert(A)end insertbegin insertend insert Activities resulting in any federal or state conviction
3begin delete whichend deletebegin insert thatend insert are significantly related to the fitness of the applicant
4or holder of the permit, registration, or certificate to perform the
5applicant’s duties or activities under the permit, registration, or
6certificate.begin delete Forend delete

7begin insert(B)end insertbegin insertend insertbegin insertForend insert the purposes of thisbegin delete subdivisionend deletebegin insert paragraphend insert, “conviction”
8means a plea or verdict of guilty or a conviction following a plea
9of nolo contendere.begin delete Anyend delete

10begin insert(C)end insertbegin insertend insertbegin insertAnend insert actionbegin delete whichend deletebegin insert thatend insert the department may take pursuant to
11thisbegin delete subdivisionend deletebegin insert paragraphend insert relating to the denial,begin delete suspensionend delete
12begin insert suspension,end insert or revocation of a permit, registration, or certificate
13may be based upon a conviction for which any of the following
14has occurred:

begin delete

15(1)

end delete

16begin insert(i)end insert The time for appeal has elapsed.

begin delete

17(2)

end delete

18begin insert(ii)end insert The judgment of conviction has been affirmed on appeal.

begin delete

19(3)

end delete

20begin insert(iii)end insert Any order granting probation is made suspending the
21imposition of sentence, notwithstanding a subsequent order
22pursuant to Section 1203.4 of the Penal Code permitting that person
23to withdraw the person’s plea of guilty, and to enter a plea of not
24guilty, or setting aside the verdict of guilty, or dismissing the
25accusation, information, or indictment.

begin delete

26(f)

end delete

27begin insert(6)end insert Activities resulting in the revocation or suspension ofbegin delete anyend delete
28begin insert aend insert license, permit, registration or certificate held by the applicant
29or holder of the permit, registration or certificate or, if the applicant
30or holder of the permit, registration, or certificate is a business
31concern, by any trustee, officer, director, partner, or any person
32holding more than 5 percent of the equity in, or debt liability of
33that business concern relating to, the generation, transportation,
34treatment, storage, recycling, disposal, or handling of a hazardous
35waste, as defined in Section 25117, a hazardous substance, as
36defined in Section 25316, or a hazardous material, as defined in
37Section 353 of the Vehicle Code.

begin insert

38(b) (1) For the purposes of this section, the following terms
39have the following meanings:

end insert
begin insert

P5    1(A) “Repeating or recurring pattern of violation or
2noncompliance” means a violation of, or noncompliance with a
3requirement specified in paragraph (1) or (2) of subdivision (a)
4by a person or entity that has previously been found to be liable
5for, or convicted of, two or more violations of, or noncompliance
6with, any of those requirements within a five-year period.

end insert
begin insert

7(B) “Violation or noncompliance” means any of the following:

end insert
begin insert

8(i) A violation or noncompliance that creates a significant threat
9of immediate and acute exposure to hazardous waste or hazardous
10waste constituents at a facility or offsite from a facility and that
11threat makes it reasonably necessary to take action to prevent,
12reduce, or mitigate that exposure.

end insert
begin insert

13(ii) A violation or noncompliance that includes, or results in,
14any of the following:

end insert
begin insert

15(I) Fire, explosion, or uncontrolled chemical reaction.

end insert
begin insert

16(II) Serious or acute injury or illness.

end insert
begin insert

17(III) Violation of any order issued by the department to the
18applicant or holder of the permit.

end insert
begin insert

19(IV) Federal or state felony conviction for violations of this
20chapter or its equivalent in the federal act or any requirement or
21regulation adopted pursuant to that authority relating to the
22generation, transportation, treatment, storage, recycling, disposal,
23or handling of hazardous waste, as described in paragraph (6) of
24subdivision (a).

end insert
begin insert

25(2) Except as provided in paragraph (3), the department shall
26consider a repeating or recurring pattern of violation or
27noncompliance as compelling cause to deny, suspend, or revoke
28the permit, registration, or certificate.

end insert
begin insert

29(3) This subdivision does not apply to a third violation or
30noncompliance if the department finds that extraordinary
31circumstances exist, including that a denial, suspension, or
32revocation would endanger the public health or safety or the
33environment.

end insert
begin insert

34(4) This subdivision does not limit or modify the department’s
35authority to deny, suspend, or revoke any permit, registration, or
36certificate pursuant to subdivision (a) or any other law.

end insert
37

SEC. 2.  

Section 25186.2 of the Health and Safety Code is
38amended to read:

39

25186.2.  

The department may temporarily suspend any permit,
40registration or certificate issued pursuant to this chapter prior to
P6    1any hearing if the department determines thatbegin delete the action is
2necessary to prevent or mitigateend delete
begin insert conditions may presentend insert an
3imminent and substantialbegin delete dangerend deletebegin insert endangermentend insert to the public health
4or safety or the environment.begin insert In making this determination, the
5department may rely on any information, including, but not limited
6to, an actual, threatened, or potential harm to the public health
7or safety, or the environment, a release or threat of a release, or
8a human health or ecological risk assessment.end insert
The department
9shall notify the holder of the permit, registration, or certificate of
10the temporary suspension and the effective date thereof and at the
11same time shall serve the person with an accusation. Upon receipt
12by the department of a notice of defense to the accusation from
13the holder of the permit, registration, or certificate, the department
14shall, within 15 days, set the matter for a hearing, which shall be
15held as soon as possible, but not later than 30 days after receipt of
16the notice.begin insert The hearing shall be held without delay and completed
17as soon as possible.end insert
The temporary suspension shall remain in
18 effect until the hearing is completed and the department has made
19a final determination on the merits, which shall be made within
2060 days after the completion of the hearing. If the determination
21is not transmitted within this period, the temporary suspension
22shall be of no further effect.

23

SEC. 3.  

Section 25189.4 is added to the Health and Safety
24Code
, to read:

25

25189.4.  

(a) In addition to any penalty imposed under any
26other law, a person who is subject to the imposition of civil or
27criminal penalties pursuant to the provisions specified in
28subdivision (b) shall also be subject to an additional civil penalty
29of not less than five thousand dollars ($5,000) or more than fifty
30thousand dollars ($50,000) for each day of each violation, if the
31person has been found liable for, or has been convicted of, two or
32more previous violations subject to the penalties specified in
33subdivision (b) and those violations or convictions occurred within
34any consecutive 60 months.

35(b) The additional liability specified in subdivision (a) shall
36apply to a penalty imposed pursuant to, or a conviction under,
37paragraph (2) of subdivision (g) of Section 25187.8, or Section
3825189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.



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