SB 654, as amended, De León. Hazardous waste: facilities permitting.
(1) Existing law, as part of the hazardous waste control law, requires facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of a facility intending to renew the facility’s permit to submit a complete Part A application for a permit renewal prior to the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law requires the department to issue a permit if the facility meets specified requirements. A violation of the hazardous waste control law is a crime.
This bill would instead require the owner or operator of a facility to submit complete Part A and Part B applications
for a permit renewal at least 2 years prior to the expiration date of the permit.begin delete The bill would require the department to issue a final permit decision for an application for permit renewal within 36 months of the expiration of the facility’s permit.end delete The bill would providebegin delete that a facility that has not been issued a final permit within 36 months following the expiration of the permit’s fixed term shall be deemed in violation of the hazardous waste control law.
Sinceend deletebegin insert that, when a complete renewal application has been submitted before the end of a permit’s fixed term, the permit shall be deemed extended for a period not to exceed 36 months until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. The bill would specify alternative timelines and rules relating to renewal for permits that expire before January 1, 2019. Becauseend insert a violation ofbegin delete the hazardous waste control law isend deletebegin insert these requirements would beend insert a crime, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 25200 of the Health and Safety Code is
2amended to read:
(a) The department shall issue hazardous waste
4facilities permits to use and operate one or more hazardous waste
5management units at a facility that in the judgment of the
6department meet the building standards published in the State
7Building Standards Code relating to hazardous waste facilities and
8the other standards and requirements adopted pursuant to this
9chapter. The department shall impose conditions on each hazardous
10waste facilities permit specifying the types of hazardous wastes
11that may be accepted for transfer, storage, treatment, or disposal.
12The department may impose any other conditions on a hazardous
13waste facilities permit that are consistent with the intent of this
14chapter.
15(b) The department may impose, as a condition of a hazardous
16waste facilities permit, a requirement that the owner or operator
17of a hazardous waste facility that receives hazardous waste from
18more than one producer comply with any order of the director that
19prohibits the facility operator from refusing to accept a hazardous
20waste based on geographical origin that is authorized to be accepted
21and may be accepted by the facility without extraordinary hazard.
P3 1(c) (1) (A) A hazardous waste facilities permit issued by the
2department shall be for a fixed term, which shall not exceed 10
3years for any land disposal facility, storage facility, incinerator,
4or other treatment facility.
5(B) begin insert(i)end insertbegin insert end insertThe owner or operator of a facility intending to extend
6the term of the facility’s permit shall submit complete Part A and
7Part B applications for a permit renewal at least two years prior to
8the expiration date of the permit. Any other relevant information
9shall be submitted as and when requested by the department.
10(ii) Notwithstanding clause (i), the owner or operator of a
11facility intending to extend the term of a permit that expires before
12January 1, 2018, shall submit complete Part A and Part B
13applications for a permit renewal before January 1, 2018.
14(C) begin insert(i)end insertbegin insert end insertTo
the extent not inconsistent with the federal act,begin delete for begin insert when
15an owner or operator in compliance with subparagraph (B),end delete
16an owner or operator satisfies clause (ii) of subparagraph (B), or
17a complete renewal application, and any other requested
18information, has been submitted before the end of a permit’s fixed
19term,end insert the permit shall be deemed extended until the renewal
20application is approved or denied andbegin insert the owner or operator has
21exhaustedend insert all applicable rights ofbegin delete appeal have been exhausted.end delete
22begin insert
appeal, except that this extension shall not exceed 36 months.end insert
23(D) The department shall issue a final permit decision for permit
24renewal for a facility within 36 months following the expiration
25of the permit’s fixed term. A facility that has not been issued a
26final permit within 36 months following the expiration of the
27permit’s fixed term shall be deemed in violation of this chapter.
28(ii) Notwithstanding clause (i), for a facility with a permit that
29expires before January 1, 2016, and for which an application for
30a permit renewal has
been submitted before January 1, 2016, the
31permit shall be deemed extended until the renewal application is
32approved or denied and the owner or operator has exhausted all
33applicable rights of appeal, except that this extension shall not
34extend beyond December 31, 2018.
35(E)
end delete
36begin insert(D)end insert This section does not limit or restrict the department’s
37authority to impose any additional or different conditions on an
38extended permit that are necessary to protect human health and
39the environment.
40(F)
end delete
P4 1begin insert(E)end insert In adopting new conditions for an extended permit, the
2department shall follow the applicable permit modification
3procedures specified in this chapter and the regulations adopted
4pursuant to this chapter.
5(G)
end delete
6begin insert(F)end insert When prioritizing pending renewal applications for
7processing and in determining the need for any new conditions on
8an extended permit, the department shall consider any input
9received from the public.
10(2) The department shall review each hazardous waste facilities
11permit for a land disposal facility five years after the date of
12issuance or reissuance, and shall modify the permit, as necessary,
13to ensure that the facility continues to comply with the currently
14applicable requirements of this chapter and the regulations adopted
15pursuant to this chapter.
16(3) This subdivision does not prohibit the department from
17reviewing, modifying, or revoking a permit at any time during its
18term.
19(d) (1) When reviewing an application for a permit renewal,
20the department shall consider improvements in the state of control
21and measurement technology as well as changes in applicable
22regulations.
23(2) Each permit issued or renewed under this section shall
24contain the terms and conditions that the department determines
25necessary to protect human health and the environment.
26(e) A permit issued pursuant to the federal act by the
27Environmental Protection Agency in the state for which no state
28hazardous waste facilities permit has been issued shall be deemed
29to be a state permit enforceable by the department until a state
30permit is issued. In addition to complying with the terms and
31conditions specified in a federal permit deemed to be a state permit
32pursuant to this section, an owner or operator who holds that permit
33shall comply with the requirements of this chapter and the
34regulations adopted by the department to implement this chapter.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
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