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. The bill would provide 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. Because a violation of these requirements would be 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.
22(c) (1) (A) A hazardous waste facilities permit issued by the
23department shall be for a fixed term, which shall not exceed 10
24years for any land disposal facility, storage facility, incinerator,
25or other treatment facility.
P3 1(B) (i) The owner or operator of a facility intending to extend
2the term of the facility’s permit shall submit complete Part A and
3Part B applications for a permit renewal at least two years prior to
4the expiration date of the permit. Any other relevant information
5shall be submitted as and when requested by the department.begin insert A
6copy of an application for a permit renewal shall also be submitted
7to the independent review panel established within the department
8pursuant to Section 57014.end insert
9(ii) Notwithstanding clause (i), the owner or operator of a facility
10intending to extend the term of a permit that expires before January
111, 2018, shall submit complete Part A and Part B applications for
12a permit renewal before January 1, 2018.
13(C) (i) To the extent not inconsistent with the federal act, when
14an owner or operator satisfies clause (ii) of subparagraph (B), or
15a complete renewal application, and any other requested
16information, has been submitted before the end of a permit’s fixed
17term, the permit shall be deemed extended until the renewal
18application is approved or denied and the owner or operator has
19exhausted all applicable rights of
appeal, except that this extension
20shall not exceed 36 months.
21(ii) Notwithstanding clause (i), for a facility with a permit that
22expires before January 1, 2016, and for which an application for
23a permit renewal has been submitted before January 1, 2016, the
24permit shall be deemed extended until the renewal application is
25approved or denied and the owner or operator has exhausted all
26applicable rights of appeal, except that this extension shall not
27extend beyond December 31, 2018.
28(D) This section does not limit or restrict the department’s
29authority to impose any additional or different conditions on an
30extended permit that are necessary to protect human health and
31the environment.
32(E) In adopting
new conditions for an extended permit, the
33department shall follow the applicable permit modification
34procedures specified in this chapter and the regulations adopted
35pursuant to this chapter.
36(F) When prioritizing pending renewal applications for
37processing and in determining the need for any new conditions on
38an extended permit, the department shall consider any input
39received from the public.
P4 1(2) The department shall review each hazardous waste facilities
2permit for a land disposal facility five years after the date of
3issuance or reissuance, and shall modify the permit, as necessary,
4to ensure that the facility continues to comply with the currently
5applicable requirements of this chapter and the regulations adopted
6pursuant to this chapter.
7(3) This subdivision does not prohibit the department from
8reviewing, modifying, or revoking a permit at any time during its
9term.
10(d) (1) When reviewing an application for a permit renewal,
11the department shall consider improvements in the state of control
12and measurement technology as well as changes in applicable
13regulations.
14(2) Each permit issued or renewed under this section shall
15contain the terms and conditions that the department determines
16necessary to protect human health and the environment.
17(e) A permit issued pursuant to the federal act by the
18Environmental Protection Agency in the state for which no state
19hazardous
waste facilities permit has been issued shall be deemed
20to be a state permit enforceable by the department until a state
21permit is issued. In addition to complying with the terms and
22conditions specified in a federal permit deemed to be a state permit
23pursuant to this section, an owner or operator who holds that permit
24shall comply with the requirements of this chapter and the
25regulations adopted by the department to implement this chapter.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
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