Amended in Assembly August 18, 2016

Amended in Senate April 12, 2016

Senate BillNo. 1325


Introduced by Senator De León

February 19, 2016


An act to amend Section 25247 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 1325, as amended, De León. Hazardous waste: facilities: postclosure plans.

Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified.

This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements.

begin insert

This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 25247 of the Health and Safety Code is
2amended to read:

3

25247.  

(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
7regulations.

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
29California Environmental Quality Act (Division 13 (commencing
30with Section 21000) of the Public Resources Code).

31(B) Before the department initially approves or significantly
32modifies a hazardous waste facility postclosure plan pursuant to
33this subdivision, the department shall provide a meaningful
P3    1opportunity for public involvement, which, at a minimum, shall
2include public notice and an opportunity for public comment on
3the proposed action.

4(C) For the purposes of subparagraph (B), a “significant
5modification” is a modification that the department determines
6would constitute a class 3 permit modification if the change were
7being proposed to a hazardous waste facilities permit. In
8determining whether the proposed modification would constitute
9a class 3 modification, the department shall consider the similarity
10of the modification to class 3 modifications codified in Appendix
11I of Chapter 20 (commencing with Section 66270.1) of Division
124.5 of Title 22 of the California Code of Regulations. In
13determining whether the proposed modification would constitute
14a class 3 modification, the department shall also consider whether
15there is significant public concern about the proposed modification,
16and whether the proposed change is so substantial or complex in
17nature that the modification requires the more extensive procedures
18of a class 3 permit modification.

19(2) This subdivision does not limit or delay the authority of the
20department to order any action necessary at a facility to protect
21public health or safety.

22(3) If the department imposes a hazardous waste facility
23postclosure plan in the form of an enforcement order or enforceable
24agreement, in lieu of issuing or renewing a postclosure permit, the
25owner or operator who submits the plan for approval shall, at the
26time the plan is submitted, pay the same fee specified in
27subparagraph (F) of paragraph (1) of subdivision (d) of Section
2825205.7, or enter into a cost reimbursement agreement pursuant
29to subdivision (a) of Section 25205.7 and upon commencement
30of the postclosure period shall pay the fee required by paragraph
31(9) of subdivision (c) of Section 25205.4. For purposes of this
32paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
33the commencement of the postclosure period shall be the effective
34date of the postclosure permit, enforcement order, or enforceable
35agreement.

36(4) In addition to any other remedy available under state law to
37enforce a postclosure plan imposed in the form of an enforcement
38order or enforcement agreement, the department may take any of
39the following actions:

P4    1(A) File an action to enjoin a threatened or continuing violation
2of a requirement of the enforcement order or agreement.

3(B) Require compliance with requirements for corrective action
4or other emergency response measures that the department deems
5necessary to protect human health and the environment.

6(C) Assess or file an action to recover civil penalties and fines
7for a violation of a requirement of an enforcement order or
8agreement.

9(e) Subdivision (d) does not apply to a postclosure plan for
10which a final or draft permit has been issued by the department on
11or before December 31, 2003, unless the department and the facility
12mutually agree to replace the permit with an enforcement order or
13enforceable agreement pursuant to the provisions of subdivision
14(d).

15(f) On or before January 1, 2018, the department shall adopt
16regulations to impose postclosure plan requirements pursuant to
17subdivision (d).

18(g) If the department determines that a postclosure permit is
19necessary to enforce a postclosure plan, the department may, at
20 any time, rescind and replace an enforcement order or an
21enforceable agreement issued pursuant to this section by issuing
22a postclosure permit for the hazardous waste facility, in accordance
23with the procedures specified in the department’s regulations for
24the issuance of postclosure permits.

25(h) Nothing in this section may be construed to limit or delay
26the authority of the department to order any action necessary at a
27 facility to protect public health or safety, or the environment.

28begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 25247 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
29amended to read:end insert

30

25247.  

(a) The department shall review each plan submitted
31pursuant to Section 25246 and shall approve the plan if it finds
32that the plan complies with the regulations adopted by the
33department and complies with all other applicable state and federal
34regulations.

35(b) The department shall not approve the plan until at least one
36of the following occurs:

37(1) The plan has been approved pursuant to Section 13227 of
38the Water Code.

39(2) Sixty days expire after the owner or operator of an interim
40status facility submits the plan to the department. If the department
P5    1denies approval of a plan for an interim status facility, this 60-day
2period shall not begin until the owner or operator resubmits the
3plan to the department.

4(3) The director finds that immediate approval of the plan is
5necessary to protect public health, safety, or the environment.

6(c) Any action taken by the department pursuant to this section
7is subject to Section 25204.5.

8(d) (1) To the extent consistent with the federal act, the
9department shall impose the requirements of a hazardous waste
10facility postclosure plan on the owner or operator of a facility
11through the issuance of an enforcement order, entering into an
12enforceable agreement, or issuing a postclosure permit.

13(A) A hazardous waste facility postclosure plan imposed or
14modified pursuant to an enforcement order, a permit, or an
15enforceable agreement shall be approved in compliance with the
16California Environmental Quality Act (Division 13 (commencing
17with Section 21000) of the Public Resources Code).

18(B) Before the department initially approves or significantly
19modifies a hazardous waste facility postclosure plan pursuant to
20this subdivision, the department shall provide a meaningful
21opportunity for public involvement, which, at a minimum, shall
22include public notice and an opportunity for public comment on
23the proposed action.

24(C) For the purposes of subparagraph (B), a “significant
25modification” is a modification that the department determines
26would constitute a class 3 permit modification if the change were
27being proposed to a hazardous waste facilities permit. In
28determining whether the proposed modification would constitute
29a class 3 modification, the department shall consider the similarity
30of the modification to class 3 modifications codified in Appendix
31I of Chapter 20 (commencing with Section 66270.1) of Division
324.5 of Title 22 of the California Code of Regulations. In
33determining whether the proposed modification would constitute
34a class 3 modification, the department shall also consider whether
35there is significant public concern about the proposed modification,
36and whether the proposed change is so substantial or complex in
37nature that the modification requires the more extensive procedures
38of a class 3 permit modification.

P6    1(2) This subdivision does not limit or delay the authority of the
2department to order any action necessary at a facility to protect
3public health or safety.

4(3) If the department imposes a hazardous waste facility
5postclosure plan in the form of an enforcement order or enforceable
6agreement, in lieu of issuing or renewing a postclosure permit, the
7owner or operator who submits the plan for approval shall, at the
8time the plan is submitted,begin delete pay the same fee specified in
9subparagraph (F) of paragraph (1) of subdivision (d) of Section
1025205.7, orend delete
enter into a cost reimbursement agreement pursuant
11tobegin delete subdivision (a) ofend delete Section 25205.7 and upon commencement
12of the postclosure period shall pay the fee required by paragraph
13(9) of subdivision (c) of Section 25205.4. For purposes of this
14paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
15the commencement of the postclosure period shall be the effective
16date of the postclosure permit, enforcement order, or enforceable
17agreement.

18(4) In addition to any other remedy available under state law to
19enforce a postclosure plan imposed in the form of an enforcement
20order or enforcement agreement, the department may take any of
21the following actions:

22(A) File an action to enjoin a threatened or continuing violation
23of a requirement of the enforcement order or agreement.

24(B) Require compliance with requirements for corrective action
25or other emergency response measures that the department deems
26necessary to protect human health and the environment.

27(C) Assess or file an action to recover civil penalties and fines
28for a violation of a requirement of an enforcement order or
29agreement.

30(e) Subdivision (d) does not apply to a postclosure plan for
31which a final or draft permit has been issued by the department on
32or before December 31, 2003, unless the department and the facility
33mutually agree to replace the permit with an enforcement order or
34enforceable agreement pursuant to the provisions of subdivision
35(d).

36(f) begin delete(1)end deletebegin deleteend deletebegin deleteExcept as provided in paragraphs (2) and (3), the
37department may only end delete
begin insertOn or before January 1, 2018, the department
38shall adopt regulations to end insert
impose postclosure plan requirements
39begin delete through an enforcement order or an enforceable agreementend delete pursuant
40to subdivisionbegin delete (d) until January 1, 2009.end deletebegin insert (d).end insert

begin delete

P7    1(2) This subdivision does not apply to an enforcement order or
2enforceable agreement issued prior to January 1, 2009, or an order
3or agreement for which a public notice is issued on or before
4January 1, 2009.

5(3) This subdivision does not apply to the modification on or
6after January 1, 2009, of an enforcement order or enforceable
7agreement that meets the conditions in paragraph (2).

end delete

8(g) If the department determines that a postclosure permit is
9necessary to enforce a postclosure plan, the department may, at
10any time, rescind and replace an enforcement order or an
11enforceable agreement issued pursuant to this section by issuing
12a postclosure permit for the hazardous waste facility, in accordance
13with the procedures specified in the department’s regulations for
14the issuance of postclosure permits.

15(h) Nothing in this section may be construed to limit or delay
16the authority of the department to order any action necessary at a
17facility to protect public health or safety, or the environment.

18begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
19Section 25247 of the Health and Safety Code proposed by this bill,
20Assembly Bill 1611, and Senate Bill 839. It shall only become
21operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839,
22or both of those bills, are enacted and become effective on or
23before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839,
24or both, as enacted, amend Section 25247 of the Health and Safety
25Code, and (3) this bill is enacted last of these bills that amend
26Section 25247 of the Health and Safety Code, in which case Section
2725247 of the Health and Safety Code, as amended by Assembly
28Bill 1611 or Senate Bill 839, shall remain operative only until the
29operative date of this bill, at which time Section 1.5 of this bill
30shall become operative, and Section 1 of this bill shall not become
31operative.

end insert


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