BILL ANALYSIS Ó
AB 1075
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Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1075 (Alejo) - As Amended May 13, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill establishes standards for what constitutes a repeat
serious hazardous waste facility violation and specifies the
enforcement action to be taken by the Department of Toxic
Substances Control (DTSC). Specifically, this bill:
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1)Requires DTSC to consider three or more violations or
noncompliance for which a facility operator has been found
liable or has been convicted within a five-year period as a
compelling cause to deny, suspend, or revoke operating
permits. Exempts third violations or noncompliances if DTSC
finds extraordinary circumstances exist, including if the
revocation would endanger public health or safety or the
environment.
2)Defines a serious violation as including any of the following:
a) Fire, explosion, or an uncontrolled chemical
reaction;
b) Serious or acute injury or illness;
c) Violation of any order issued by DTSC to the
applicant or holder of the permit; or
d) Federal or state felony conviction for violations of
hazardous waste laws.
3)Authorizes DTSC to temporarily suspend a hazardous waste
facility if DTSC determines that conditions may present an
imminent and substantial endangerment to the public health or
safety or the environment as specified.
4)Imposes an additional civil penalty of not less than $5,000,
or more than $50,000, for each day of a serious hazardous
waste violation, if the person has been found liable for, or
been convicted of, 2 or more previous violations within any
consecutive 60 months.
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FISCAL EFFECT:
1)Minor, if any state costs associated with increased legal work
if regulated entities choose not to settle potential
violations captured under the bill and instead require DTSC to
file a claim in court (Hazardous Waste Control Account).
2)Potential unknown cost savings resulting from increased
compliance in order to avoid the additional penalties and
repeat violations (Hazardous Waste Control Account).
COMMENTS:
1)Purpose. According to the author, this bill establishes a
bright regulatory line for permit denial and revocation. This
bill strengthens the authority of DTSC by specifying that
three or more serious violations during a five-year period
result in a clear obligation to revoke a hazardous waste
facility permit.
2)Background. Existing federal law requires owners and
operators of facilities that treat, store, or dispose of
hazardous waste to obtain an operating permit pursuant to the
Resource Conservation and Recovery Act (RCRA).
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The California Hazardous Waste Control Act requires facilities
handling hazardous waste to obtain a permit from DTSC.
DTSC is responsible for the review and issuance of RCRA and
non-RCRA hazardous waste permits. There are currently 118
DTSC-permitted hazardous waste facilities in California
including: 44 storage sites; 43 treatment facilities; three
disposal sites; and 28 post-closure sites.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081