BILL ANALYSIS Ó
SB 1325
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Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1325
(De León) - As Amended April 12, 2016
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|Policy |Environmental Safety and Toxic |Vote:|7 - 0 |
|Committee: |Materials | | |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Department of Toxic Substance Control
(DTSC) to adopt regulations to impose post-closure plan
requirements on the owner or operator of a hazardous waste
facility by January 1, 2018. This bill also deletes the 2009
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sunset date for the use of an enforcement order or enforceable
agreement by DTSC to impose post-closure requirements.
FISCAL EFFECT:
1)One-time costs of approximately $58,000 (special fund) for
DTSC to develop and adopt regulations.
2)Unknown potential annual revenue losses determined by whether
owners or operators choose to pursue post-closure permits or
enforcement orders or enforceable agreements (special fund).
DTSC estimates it collects $82,000 on average annually from
postclosure permit applications. If operating facilities
conduct post-closure activities under and enforcement order or
enforceable agreement, the facilities pay actual costs through
reimbursements.
COMMENTS:
1)Purpose. According to the author, the purpose of the bill is
to remove impediments in current law that make it more
difficult for DTSC to ensure that once a facility is closed,
it has set aside funds, insurance, surety bonds or other
mechanisms to ensure hazardous materials onsite are cleaned up
and removed. This bill repeals an obsolete law that that
currently prohibits DTSC from imposing hazardous waste closure
requirements unless they are done as part of an enforcement
order, and directs DTSC to adopt new closure requirements for
hazardous waste facilities by January 1, 2018.
2)Background. The California Hazardous Waste Control Act
requires facilities handling hazardous waste to obtain a
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permit from DTSC. As of 2015, there were 118 DTSC permitted
hazardous waste facilities in California. These facilities
include: 44 storage sites, 43 treatment facilities, 3 disposal
sites, and 28 post-closure sites.
A facility closure plan demonstrates that hazardous materials
at a closed facility have been transported, disposed of, or
reused in a manner which eliminates the need for further
maintenance and any threat to public health and safety or the
environment.
California follows the federal rules for closure and
post-closure rules of hazardous waste treatment, storage, and
disposal facilities (TSDFs). However, the state has adopted
more stringent requirements for notification, time allowed for
closure, and disposal restrictions. In addition, the state
requires a variance for any on-site post-closure construction
activity and has additional closure and post-closure rules for
specific TSDFs. DTSC enforces the TSDF closure and
post-closure requirements in California.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081