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.
This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance 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, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
(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. 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.
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. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(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 25186 of the Health and Safety Code is
2amended to read:
The 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
P3 1holding more than 5 percent of the equity in, or debt liability
of,
2that business concern, has engaged in any of the following:
3(a) Any violation of, or noncompliance with, this chapter,
4Chapter 6.7 (commencing with Section 25280), Chapter 6.8
5(commencing with Section 25300), the Porter-Cologne Water
6Quality Control Act (Division 7 (commencing with Section 13000)
7of the Water Code), the Resource Conservation and Recovery Act
8of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous
9Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the
10Comprehensive Environmental Response, Compensation, and
11Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic
12Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other
13equivalent federal or state statute or any requirement or regulation
14adopted pursuant thereto relating to the generation, transportation,
15treatment,
storage, recycling, disposal, or handling of a hazardous
16waste, as defined in Section 25117, a hazardous substance, as
17defined in Section 25316, or a hazardous material, as defined in
18Section 353 of the Vehicle Code, if the violation or noncompliance
19shows a repeating or recurring pattern or may pose a threat to
20public health or safety or the environment.
21(b) The aiding, abetting, or permitting of any violation of, or
22noncompliance with, this chapter, Chapter 6.7 (commencing with
23Section 25280), Chapter 6.8 (commencing with Section 25300),
24the Porter-Cologne Water Quality Act (Division 7 (commencing
25with Section 13000) of the Water Code), the Resource
26Conservation and Recovery Act of 1976, as amended, (42 U.S.C.
27Sec. 6901 et seq.), the Hazardous Materials Transportation Act
28(49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental
29Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
30Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C.
31Sec. 2601 et seq.), or any other equivalent federal or state statute
32or any requirement or regulation adopted pursuant thereto relating
33to the generation, transportation, treatment, storage, recycling,
34disposal, or handling of a hazardous waste, as defined in Section
3525117, a hazardous substance, as defined in Section 25316, or a
36hazardous material, as defined in Section 353 of the Vehicle Code,
37if the violation or noncompliance shows a repeating or recurring
38pattern or may pose a threat to public health or safety or the
39environment.
P4 1(c) Any violation of, or noncompliance with, any order issued
2by a state or local agency or by a hearing officer or a court relating
3to the generation, transportation, treatment, storage, recycling,
4
disposal, or handling of a hazardous waste, as defined in Section
525117, a hazardous substance, as defined in Section 25316, or a
6hazardous material, as defined in Section 353 of the Vehicle Code.
7(d) Any misrepresentation or omission of a significant fact or
8other required information in the application for the permit,
9registration, or certificate, or in information subsequently reported
10to the department or to a local officer or agency authorized to
11enforce this chapter pursuant to subdivision (a) of Section 25180.
12(e) (1) Activities resulting in any federal or state conviction
13that are significantly related to the fitness of the applicant or holder
14of the permit, registration, or certificate to perform the applicant’s
15duties or activities under the
permit, registration, or certificate.
16(2) For the purposes of this paragraph, “conviction” means a
17plea or verdict of guilty or a conviction following a plea of nolo
18contendere.
19(3) An action that the department may take pursuant to this
20paragraph relating to the denial, suspension, or revocation of a
21permit, registration, or certificate may be based upon a conviction
22for which any of the following has occurred:
23(A) The time for appeal has elapsed.
24(B) The judgment of conviction has been affirmed on appeal.
25(C) Any order granting probation is made suspending the
26imposition of sentence, notwithstanding a
subsequent order
27pursuant to Section 1203.4 of the Penal Code permitting that person
28to withdraw the person’s plea of guilty, and to enter a plea of not
29guilty, or setting aside the verdict of guilty, or dismissing the
30accusation, information, or indictment.
31(f) Activities resulting in the revocation or suspension of a
32license, permit, registration, or certificate held by the applicant or
33holder of the permit, registration, or certificate or, if the applicant
34or holder of the permit, registration, or certificate is a business
35concern, by any trustee, officer, director, partner, or any person
36holding more than 5 percent of the equity in, or debt liability of,
37that business concern relating to, the generation, transportation,
38treatment, storage, recycling, disposal, or handling of a hazardous
39waste, as defined in Section 25117, a hazardous
substance, as
P5 1defined in Section 25316, or a hazardous material, as defined in
2Section 353 of the Vehicle Code.
Section 25186.05 is added to the Health and Safety
4Code, to read:
(a) For the purposes of this section, “violation” and
6“noncompliance” mean only the following:
7(1) A violation or noncompliance pursuant to Section 25186
8that creates a significantbegin delete threat ofend deletebegin insert risk of harm to the public health
9or safety of the environment resulting fromend insert acute or chronic
10exposure to hazardous waste or hazardous waste constituents, and
11that threat makes it reasonably necessary to take action to prevent,
12reduce, or mitigate that exposure.
13(2) A violation of, or noncompliance with, any order issued by
14the department to the applicant or holder of the permit.
15(3) A federal or state felony conviction for a violation of this
16
chapter or its equivalent in the federal act, or of any requirement
17or regulation adopted pursuant to that authority relating to the
18generation, transportation, treatment, storage, recycling, disposal,
19or handling of hazardous waste, as described in subdivision (e) of
20Section 25186.
21(b) A violation or noncompliance by a federal hazardous waste
22facility, pursuant to Section 6961 of Title 42 of the United States
23Code, shall, for purposes of this section, be limited to a violation
24or noncompliance caused by an action or inaction within the
25boundaries identified in Part B of the federal hazardous waste
26permit application, pursuant to Section 270.14 of Title 40 of the
27Code of Federal Regulations, for that facility.
28(c) “Violation” and “noncompliance” shall not include a
minor
29violation as defined in Section 25117.6.
30(d) (1) Except as provided in paragraph (2), the department
31shall consider three or more incidents of violation of, or
32noncompliance with, a requirement specified in subdivision (a) or
33(b) of Section 25186 for which a person or entity has been found
34liable or has been convicted, with respect to a single facility within
35a five-year period, as compelling cause to deny, suspend, or revoke
36the permit, registration, or certificate.
37(2) This subdivision does not apply to a third violation or
38noncompliance if the department finds that extraordinary
39circumstances exist, including that a denial, suspension, or
P6 1revocation would endanger the public health or safety or the
2environment.
3(3) This subdivision does not limit or modify the department’s
4authority to deny, suspend, or revoke any permit, registration, or
5certificate pursuant to Section 25186 or any other law.
Section 25186.2 of the Health and Safety Code is
7amended to read:
The department may temporarily suspend any permit,
9registration, or certificate issued pursuant to this chapter prior to
10any hearing if the department determines that conditions may
11present an imminent and substantial endangerment to the public
12health or safety or the environment. In making this determination,
13the department may rely on any information, including, but not
14limited to, information concerning an actual, threatened, or
15potential harm to the public health or safety or the environment,
16information concerning a release or threat of a release, or a human
17health or ecological risk assessment. The department shall notify
18the holder of the permit, registration, or certificate of the temporary
19suspension and the
effective date thereof and at the same time shall
20serve the person with an accusation. Upon receipt by the
21department of a notice of defense to the accusation from the holder
22of the permit, registration, or certificate, the department shall,
23within 15 days, set the matter for a hearing, which shall be held
24as soon as possible, but not later than 30 days after receipt of the
25notice. The temporary suspension shall remain in effect until the
26hearing is completed and the department has made a final
27determination on the merits, which shall be made within 60 days
28after the completion of the hearing. If the determination is not
29transmitted within this period, the temporary suspension shall be
30of no further effect.
Section 25189.4 is added to the Health and Safety
32Code, to read:
(a) In addition to any penalty imposed under any
34other law, a person who is subject to the imposition of civil or
35criminal penalties pursuant to the provisions specified in
36subdivision (b) shall also be subject to an additional civil penalty
37of not less than five thousand dollars ($5,000) or more than fifty
38thousand dollars ($50,000) for each day of each violation, if the
39person has been found liable for, or has been convicted of, two or
40more previous violations subject to the penalties specified in
P7 1subdivision (b) and those violations or convictions occurred within
2any consecutive 60 months.
3(b) The additional liability specified in subdivision (a) shall
4apply to a
penalty imposed pursuant to, or a conviction under,
5paragraph (2) of subdivision (g) of Section 25187.8, or Section
625189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
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