as amended, De León.
begin deleteHazardous substances: removal or remedial actions: notifications. end delete
Existing law requires the Department of Toxic Substances Control, at least 30 days before initiating a removal or remedial action at a hazardous substance release site, to make a reasonable effort to notify the persons identified by the department as potentially responsible parties and to also publish a notification of the action in a newspaper of general circulation.end delete
This bill would instead require the department to make those notifications at least 45 days before initiating a removal or remedial action.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The department shall review each plan submitted
4pursuant to Section 25246 and shall approve the plan if it finds
5that the plan complies with the regulations adopted by the
6department and complies with all other applicable state and federal
8(b) The department shall not approve the plan until at least one
9of the following occurs:
10(1) The plan has been approved pursuant to Section 13227 of
11the Water Code.
12(2) Sixty days expire after the owner or operator of an interim
13status facility submits the plan to the department. If the department
14denies approval of a plan for an interim status facility, this 60-day
15period shall not begin until the owner or operator resubmits the
16plan to the department.
17(3) The director finds that immediate approval of the plan is
18necessary to protect public health, safety, or the environment.
19(c) Any action taken by the department pursuant to this section
20is subject to Section 25204.5.
21(d) (1) To the extent consistent with the federal act, the
22department shall impose the requirements of a hazardous waste
23facility postclosure plan on the owner or operator of a facility
24through the issuance of an enforcement order, entering into an
25enforceable agreement, or issuing a postclosure permit.
26(A) A hazardous waste facility postclosure plan imposed or
27modified pursuant to an enforcement order, a permit, or an
28enforceable agreement shall be approved in compliance with the
P3 1California Environmental Quality Act (Division 13 (commencing
2with Section 21000) of the Public Resources Code).
3(B) Before the department initially approves or significantly
4modifies a hazardous waste facility postclosure plan pursuant to
5this subdivision, the department shall provide a meaningful
6opportunity for public involvement, which, at a minimum, shall
7include public notice and an opportunity for public comment on
8the proposed action.
9(C) For the purposes of subparagraph (B), a “significant
10modification” is a modification that the department determines
11would constitute a class 3 permit modification if the change were
12being proposed to a hazardous waste facilities permit. In
13determining whether the proposed modification would constitute
14a class 3 modification, the department shall consider the similarity
15of the modification to class 3 modifications codified in Appendix
16I of Chapter 20 (commencing with Section 66270.1) of Division
174.5 of Title 22 of the California Code of Regulations. In
18determining whether the proposed modification would constitute
19a class 3 modification, the department shall also consider whether
20there is significant public concern about the proposed modification,
21and whether the proposed change is so substantial or complex in
22nature that the modification requires the more extensive procedures
23of a class 3 permit modification.
24(2) This subdivision does not limit or delay the authority of the
25department to order any action necessary at a facility to protect
26public health or safety.
27(3) If the department imposes a hazardous waste facility
28postclosure plan in the form of an enforcement order or enforceable
29agreement, in lieu of issuing or renewing a postclosure permit, the
30owner or operator who submits the plan for approval shall, at the
31time the plan is submitted, pay the same fee specified in
32subparagraph (F) of paragraph (1) of subdivision (d) of Section
3325205.7, or enter into a cost reimbursement agreement pursuant
34to subdivision (a) of Section 25205.7 and upon commencement
35of the postclosure period shall pay the fee required by paragraph
36(9) of subdivision (c) of Section 25205.4. For purposes of this
37paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
38the commencement of the postclosure period shall be the effective
39date of the postclosure permit, enforcement order, or enforceable
P4 1(4) In addition to any other remedy available under state law to
2enforce a postclosure plan imposed in the form of an enforcement
3order or enforcement agreement, the department may take any of
4the following actions:
5(A) File an action to enjoin a threatened or continuing violation
6of a requirement of the enforcement order or agreement.
7(B) Require compliance with requirements for corrective action
8or other emergency response measures that the department deems
9necessary to protect human health and the environment.
10(C) Assess or file an action to recover civil penalties and fines
11for a violation of a requirement of an enforcement order or
13(e) Subdivision (d) does not apply to a postclosure plan for
14which a final or draft permit has been issued by the department on
15or before December 31, 2003, unless the department and the facility
16mutually agree to replace the permit with an enforcement order or
17enforceable agreement pursuant to the provisions of subdivision
19(f) (1) Except as provided in paragraphs (2) and (3), the
20department may only impose postclosure plan requirements through
21an enforcement order or an enforceable agreement pursuant to
22subdivision (d) until January 1, 2009.
23(2) This subdivision does not apply to an enforcement order or
24enforceable agreement issued prior to January 1, 2009, or an order
25or agreement for which a public notice is issued on or before
26January 1, 2009.
27(3) This subdivision does not apply to the modification on or
28after January 1, 2009, of an enforcement order or enforceable
29agreement that meets the conditions in paragraph (2).
33(g) If the department determines that a postclosure permit is
34necessary to enforce a postclosure plan, the department may, at
35any time, rescind and replace an enforcement order or an
36enforceable agreement issued pursuant to this section by issuing
37a postclosure permit for the hazardous waste facility, in accordance
38with the procedures specified in the department’s regulations for
39the issuance of postclosure permits.
P5 1(h) Nothing in this section may be construed to limit or delay
2the authority of the department to order any action necessary at a
3 facility to protect public health or safety, or the environment.
Section 25355 of the Health and Safety Code is
5amended to read:
(a) The Governor is responsible for the coordination
7of all state response actions for sites identified in Section 25356
8in order to assure the maximum use of available federal funds.
9(b) The director may initiate removal or remedial action
10pursuant to this chapter unless these actions have been taken, or
11are being taken properly and in a timely fashion, by a responsible
13(c) (1) At least
45 days before initiating removal or remedial
14actions, the department shall make a reasonable effort to notify
15the persons identified by the department as potentially responsible
16parties and shall also publish a notification of this action in a
17newspaper of general circulation pursuant to the method specified
18in Section 6061 of the Government Code. This subdivision does
19not apply to actions taken pursuant to subdivision (b) of Section
2025358.3 or immediate corrective actions taken pursuant to Section
2125354. A responsible party may be held liable pursuant to this
22chapter whether or not the person was given the notice specified
23in this subdivision.
24(2) (A) Notwithstanding subdivision (a) of Section 25317, a
25 person may voluntarily enter into an enforceable agreement with
26the department pursuant to this subdivision that allows removal
27or remedial actions to be conducted under the oversight of the
28department at sites with petroleum releases from sources other
29than underground storage tanks, as defined in Section 25299.24.
30(B) If the department determines that there may be an adverse
31impact to water quality as a result of a petroleum release, the
32department shall notify the appropriate regional board prior to
33entering into the enforceable agreement pursuant to subparagraph
34(A). The department may enter into an enforceable agreement
35pursuant to subparagraph (A) unless, within 60 days of the
36notification provided by the department, the regional board
37provides the department with a written notice that the regional
38board will assume oversight responsibility for the removal or
Agreements entered into pursuant to this paragraph shall
2provide that the party will reimburse the department for all costs
3incurred including, but not limited to, oversight costs pursuant to
4the enforceable agreement associated with the performance of the
5removal or remedial actions and Chapter 6.66 (commencing with
7(d) The department shall notify the owner of the real property
8of the site of a hazardous substance release within 30 days after
9listing a site pursuant to Section 25356, and at least 30 days before
10initiating a removal or remedial action pursuant to this chapter, by
11sending the notification by certified mail to the person to whom
12the real property is assessed, as shown upon the last equalized
13assessment roll of the county, at the address shown on the
14assessment roll. The requirements of this subdivision do not apply
15to actions taken pursuant to subdivision (b) of Section 25358.3 or
16to immediate corrective actions taken pursuant to Section 25354.