BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1075 (Alejo) - Hazardous waste: enforcement.
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|Version: June 18, 2015 |Policy Vote: E.Q. 5 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Marie Liu |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill would create additional considerations and
civil penalties on a person who has multiple violations of the
Hazardous Waste Control Act and would establish a process by
which the secretary of the California Environmental Protection
Agency (CalEPA) could review a final permit decision by DTSC.
Fiscal
Impact:
Minor if any costs to the Hazardous Waste Control Account
(special) for DTSC to administer the additional considerations
and civil penalties for persons with multiple violations.
Unknown costs, up to $250,000 annually, to the Hazardous Waste
Control Account (special) for the secretary of CalEPA to
review final permit decisions of DTSC.
Background: Under the California Hazardous Waste Control Act (act), DTSC
is responsible for regulating the handling, transport, and
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disposal of hazardous waste. DTSC is authorized to deny,
suspend, or revoke any permit, registration, or certificate
applied for or issued to a person or entity if that person
violates the act.
Proposed Law:
This bill would require DTSC to consider, except under
specified conditions, three or more violations of specified
provisions as a compelling cause to deny, suspend, or revoke a
permit, registration, or certificate.
This bill would specify that DTSC can consider any information
in determining there is an imminent and substantial endangerment
to public health or safety or the environment to temporarily
suspend any permit, registration, or certificate.
This bill would establish an additional civil penalty between
$5,000 - $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 within any consecutive 60 months.
This bill would require the secretary of CalEPA to develop
regulations that would establish a process by which the
secretary could review a final DTSC permit decision. Through
this process, the secretary would be authorized to sustain,
reverse, or modify DTSC's permit decision.
Staff
Comments: This bill would not create new administrative costs
for DTSC. However, DTSC notes there are potential unknown costs
associated with increased legal costs if a regulated entity
takes legal actions to challenge the additional penalties
assessed on persons with multiple violations. DTSC also notes
potential costs savings should these additional penalties
increase compliance.
CalEPA anticipates having up to $250,000 in costs for one
attorney and one scientist or analyst to implement the review
process of DTSC's final permit decision, though under Secretary
Rodriquez, these costs may be much lower or perhaps minor
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because he is an attorney who is familiar with an appeals
process. Additionally, staff notes that costs would be dependent
on the frequency of requests for such reviews, which is unknown
at this time.
Proposed Author
Amendments: The author has submitted amendments that would make
technical amendments. These amendments will be made while the
bill on suspense.
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