Amended in Assembly May 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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. begin delete (PU RN20142004609 ) end delete

This begin delete 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, end delete begin insert bill end insert would require the department to consider, except under specified circumstances, begin delete the violation end delete begin insert 3 or more violations of, end insert or noncompliance begin insert with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, end insert as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that begin delete person. end delete begin insert person or entity. end insert

(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. begin insert Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible. end insert

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. begin insert The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible. end insert

(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:

SECTION 1.  

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

25186.  

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

(1) Any violation of, or noncompliance with, this chapter,
Chapter 6.7 (commencing with Section 25280), Chapter 6.8
(commencing with Section 25300), the Porter-Cologne Water
Quality Control Act (Division 7 (commencing with Section 13000)
of the Water Code), the Resource Conservation and Recovery Act
of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous
Materials Transportation Act (49 U.S.C. Sec. begin delete 1801 end delete begin insert 5101 end insert et seq.),
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic
Substances Control Act (15 U.S.C. Sec. 2601 et begin delete seq.) end delete begin insert seq.), end insert or any
other equivalent federal or state statute or any requirement or
regulation adopted pursuant thereto relating to the generation,
transportation, treatment, storage, recycling, begin delete disposal end delete begin insert disposal, end insert or
handling of a hazardous waste, as defined in Section 25117, a
hazardous substance, as defined in Section 25316, or a hazardous
material, as defined in Section 353 of the Vehicle Code, if the
violation or noncompliance shows a repeating or recurring pattern
or may pose a threat to public health or safety or the environment.

(2) The aiding, abetting, or permitting of any violation of, or
noncompliance with, this chapter, Chapter 6.7 (commencing with
Section 25280), Chapter 6.8 (commencing with Section 25300),
the Porter-Cologne Water Quality Act (Division 7 (commencing
with Section 13000) of the Water Code), the Resource
Conservation and Recovery Act of 1976, as amended, (42 U.S.C.
Sec. 6901 et seq.), the Hazardous Materials Transportation Act
(49 U.S.C. Sec. begin delete 1801 end delete begin insert 5101 end insert et seq.), the Comprehensive
Environmental Response, begin delete Compensation end delete begin insert Compensation, end insert and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic
Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other
equivalent federal or state statute or any requirement or regulation
adopted pursuant thereto relating to the generation, transportation,
treatment, storage, recycling, begin delete disposal end delete begin insert disposal, end insert or handling of a
hazardous waste, as defined in Section 25117, a hazardous
substance, as defined in Section 25316, or a hazardous material,
as defined in Section 353 of the Vehicle Code, if the violation or
noncompliance shows a repeating or recurring pattern or may pose
a threat to public health or safety or the environment.

(3) Any violation of, or noncompliance with, any order issued
by a state or local agency or by a hearing officer or a court relating
to the generation, transportation, treatment, storage, recycling,
begin delete disposal end delete begin insert disposal, end insert or handling of a hazardous waste, as defined in
Section 25117, a hazardous substance, as defined in Section 25316,
or a hazardous material, as defined in Section 353 of the Vehicle
Code.

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

(5) (A) Activities resulting in any federal or state conviction
that are significantly related to the fitness of the applicant or holder
of the permit, registration, or certificate to perform the applicant’s
duties or activities under the permit, registration, or certificate.

(B) For the purposes of this paragraph, “conviction” means a
plea or verdict of guilty or a conviction following a plea of nolo
contendere.

(C) An action that the department may take pursuant to this
paragraph relating to the denial, suspension, or revocation of a
permit, registration, or certificate may be based upon a conviction
for which any of the following has occurred:

(i) The time for appeal has elapsed.

(ii) The judgment of conviction has been affirmed on appeal.

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

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

(b) (1)  begin insert (A) end insert begin insert   end insert For the purposes of this begin delete section, the following terms
have the following meanings: end delete begin insert subdivision, “violation” and
“noncompliance” mean only the following: end insert

begin delete

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

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

end delete

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

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

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

(II) Serious or acute injury or illness.

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

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

begin insert

(B) “Violation” and “noncompliance” shall not include a minor
violation as defined in Section 25117.6.

end insert

(2) Except as provided in paragraph (3), the department shall
consider begin delete a repeating or recurring pattern of violation or
noncompliance end delete begin insert three or more violations of, or noncompliance
with, a requirement specified in paragraph (1) or (2) of subdivision
(a) for which a person or entity has been found liable or has been
convicted, with respect to a single facility within a five-year period, end insert
as compelling cause to deny, suspend, or revoke the permit,
registration, or certificate.

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

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

SEC. 2.  

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

25186.2.  

The department may temporarily suspend any permit,
begin delete registration end delete begin insert registration, end insert or certificate issued pursuant to this
chapter prior to any hearing if the department determines that
conditions may present an imminent and substantial endangerment
to the public health or safety or the environment. In making this
determination, the department may rely on any information,
including, but not limited to, an actual, threatened, or potential
harm to the public health or safety, or the environment, a release
or threat of a release, or a human health or ecological risk
assessment. The department shall notify the holder of the permit,
registration, or certificate of the temporary suspension and the
effective date thereof and at the same time shall serve the person
with an accusation. Upon receipt by the department of a notice of
defense to the accusation from the holder of the permit, registration,
or certificate, the department shall, within 15 days, set the matter
for a hearing, which shall be held as soon as possible, but not later
than 30 days after receipt of the notice. begin delete The hearing shall be held
without delay and completed as soon as possible. end delete The temporary
suspension shall remain in effect until the hearing is completed
and the department has made a final determination on the merits,
which shall be made within 60 days after the completion of the
hearing. If the determination is not transmitted within this period,
the temporary suspension shall be of no further effect.

SEC. 3.  

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

25189.4.  

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

(b) The additional liability specified in subdivision (a) shall
apply to a penalty imposed pursuant to, or a conviction under,
paragraph (2) of subdivision (g) of Section 25187.8, or Section
25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.