BILL NUMBER: SB 1222 CHAPTERED
BILL TEXT
CHAPTER 638
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE SENATE SEPTEMBER 15, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
AMENDED IN ASSEMBLY SEPTEMBER 14, 1995
AMENDED IN ASSEMBLY SEPTEMBER 11, 1995
AMENDED IN ASSEMBLY SEPTEMBER 8, 1995
AMENDED IN ASSEMBLY SEPTEMBER 1, 1995
AMENDED IN ASSEMBLY AUGUST 23, 1995
AMENDED IN ASSEMBLY AUGUST 21, 1995
AMENDED IN ASSEMBLY JULY 28, 1995
AMENDED IN ASSEMBLY JULY 6, 1995
AMENDED IN SENATE MAY 30, 1995
AMENDED IN SENATE APRIL 6, 1995
AMENDED IN SENATE MARCH 28, 1995
INTRODUCED BY Senator Calderon
FEBRUARY 24, 1995
An act to amend Sections 25117, 25141, 25141.5, 25160, 25174,
25174.1, 25174.6, 25200.3, 25200.14, 25205.7, and 25205.22 of, to add
Sections 25200.15 and 25200.18 to, to repeal Sections 25155.5,
25155.6, 25155.7, and 25174.9 of, and to repeal and add Article 7.7
(commencing with Section 25179.1) of Chapter 6.5 of Division 20 of,
the Health and Safety Code, and to amend Section 43151 of the Revenue
and Taxation Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1222, Calderon. Hazardous waste management.
(1) Existing law defines the term "hazardous waste" for purposes
of the hazardous waste control laws as meaning a waste which meets
specified criteria adopted by the Department of Toxic Substances
Control or waste which, because of certain characteristics, may cause
an increase in mortality or illness, or pose a substantial present
or potential hazard to human health or the environment under
specified conditions.
This bill would enact the Hazardous Waste Management Reform Act of
1995. The bill would revise that definition of hazardous waste to
exclude from the definition of hazardous waste those wastes which
meet those characteristics, and would instead require the department'
s guidelines to identity as hazardous waste those wastes which
exhibit those characteristics.
The bill would require the department to rely exclusively on
specified tests, procedures, and thresholds in identifying wastes
which are hazardous due to their reactivity or, on and after January
1, 1997, acute oral toxicity and would require a waste which is
hazardous solely because it exceeds total threshold limit
concentrations to be excluded from classification as a hazardous
waste, for purposes of disposal, except as specified. The bill would
prohibit the department from classifying specified substances as
hazardous waste solely due to acute oral toxicity.
(2) Existing law requires certain hazardous waste to be disposed
by incineration or other treatment methods.
This bill would repeal those provisions.
(3) Existing law requires any person generating hazardous waste
which is transported, or submitted for transportation, for offsite
handling, treatment, storage, disposal, or any combination thereof,
to complete a manifest prior to the time the waste is transported or
offered for transportation.
This bill would require the department to make available for
review, by June 1, 1996, specified information concerning regulations
regarding milkrun operations, by April 1, 1996, plans for revising
the hazardous waste tracking system, and by April 1, 1997,
information regarding the department's progress in revising this
system. The bill would allow a facility operator to accept waste
generated offsite which is not accompanied by a manifest under
specified circumstances.
(4) Under existing law, the money in the Hazardous Waste Control
Account is available, upon appropriation by the Legislature, to the
department for, among other things, hazardous waste management and
for state operational costs with respect to the oversight of removal
and remedial actions to hazardous substance releases, for allocation
to the State Water Resources Control Board to inspect underground
storage tanks, and for allocation to the Office of Emergency Services
for emergency response planning.
Existing law requires each person who disposes of hazardous waste,
or who annually submits more than 500 pounds of hazardous waste for
disposal in the state, to pay a fee for disposal of hazardous waste
to the State Board of Equalization for deposit in the Hazardous Waste
Control Account. An operator of a facility is required to pay the
fee directly to the board. Existing law specifies the base rate for
hazardous waste subject to the fee and provides that the fee for the
disposal of certain hazardous wastes not subject to the federal
Resource Conservation and Recovery Act of 1976, as amended, is 25% of
the base rate, and the fee for non-RCRA hazardous waste generated in
a response action is $12 per ton.
The bill would instead require the disposal fee to be paid by each
person who disposes of hazardous waste to land and would require the
operator of a facility to collect the disposal fee and transmit the
fees to the board, except as specified.
The bill would delete the allocation of funds from the account to
the board and to the office.
The bill would require the department to describe the budgetary
amounts proposed be allocated from the account and make available the
budgetary amounts and allocations of staff resources for specified
activities funded from the account, at the time the annual Governor's
Budget is released.
The bill would allow the department, upon the approval of the
Secretary for Environmental Protection, to assume responsibility, or
enter into a contract with a private party or a public agency, for
the collection of any fees or revenues that are deposited in the
account and to make specified determinations.
The bill would lower the fee amount for non-RCRA hazardous waste
generated in a response action to $7.50 per ton, and would specify
that, for all other non-RCRA hazardous waste, the rate is 16.31% of
the base rate for each ton. The bill would revise that method for
determining the weight of hazardous waste disposed of for purposes of
the disposal fee.
(5) Existing law, the Hazardous Waste Management Act of 1986,
prohibits the land disposal of certain hazardous wastes, unless the
hazardous waste is treated or meets other requirements. The act
allows any hazardous waste classified under the federal Resource
Conservation and Recovery Act of 1976 (RCRA) for which a treatment
standard has not been adopted or is not yet in effect pursuant to
RCRA, and any non-RCRA hazardous waste subject to specified treatment
standards, to be disposed of, until January 1, 1996, at a hazardous
waste facility without compliance with any treatment standard adopted
by the department. The act requires, on and after January 1, 1996,
that this RCRA or non-RCRA hazardous waste be disposed of in
accordance with the department's treatment standards, except as
specified.
This bill would repeal that act and would enact the Hazardous
Waste Treatment Act of 1995 to instead prohibit from land disposal
any hazardous waste restricted from land disposal pursuant to RCRA or
by the department, except as specified. The bill would provide that
the treatment standards adopted pursuant to RCRA are the minimum
treatment standards for that waste. The bill would provide that any
previously adopted land disposal restriction, treatment standard, or
land disposal criteria which prohibited land disposal, is to remain
in effect on and after January 1, 1996, only if specified conditions
apply to that restriction, standard, or criteria. The bill would
prohibit any land disposal restriction, treatment standard, or land
disposal criteria which did not prohibit land disposal prior to
January 1, 1996, or was suspended, from prohibiting land disposal on
and after January 1, 1996, and would allow the department to adopt,
by regulation, more stringent land disposal restrictions, treatment
standards, or land disposal criteria, if the department makes
specified determinations, except as specified.
The bill would require the department to review by January 1,
2001, the hazardous waste land disposal restrictions, treatment
standards, or criteria which were adopted before January 1, 1996.
The bill would authorize the department to grant variances from these
restrictions for specified hazardous wastes and, upon receipt of a
petition, to designate treatment technologies that are otherwise
certified pursuant to other provisions.
(6) Existing law, the Wright-Polanco-Lempert Hazardous Waste
Treatment Permit Reform Act of 1992, deems a generator who conducts
specified treatment activities, upon notifying the department, to be
conditionally authorized to operate without obtaining a hazardous
waste facilities permit or other grant of authorization. Under
existing law, the department is required to require the owner or
operator of a facility operating pursuant to a permit-by-rule or a
generator operating pursuant to a grant of conditional authorization
to complete and file a phase I environmental assessment with the
department within one year of the adoption of a specified checklist.
If the results of the assessment indicate further investigation is
needed, the facility is required to submit a schedule for further
investigation.
This bill would revise the requirements for performing
conditionally authorized treatment by deleting a requirement
concerning providing documentation regarding contamination resulting
from a release from a unit at the generator's facility.
The bill would exempt certain facilities otherwise conducting site
assessments from the phase I environmental assessment requirements.
The bill would authorize the department to consider specified
factors concerning the mobility of hazardous constituents when
determining the acceptability of a schedule for further investigation
of a facility operating pursuant to a permit-by-rule or conditional
authorization. The bill would prohibit the checklist from exceeding
specified requirements adopted by the American Society for Testing
and Materials.
The bill would authorize certain modifications to a hazardous
waste facility to take place without the modification of the facility'
s permit, unless the department makes a specified determination.
(7) Existing law requires the Secretary for Environmental
Protection to establish a standardized electronic format and protocol
for the exchange of electronic data for the purpose of meeting the
environmental data reporting requirements of specified laws.
This bill would require the department to implement a compatible
procedure for the electronic reporting of all hazardous waste
facilities permit modifications by July 1, 1996, or within 6 months
after the Secretary of Environmental Protection adopts electronic
reporting standards.
(8) Existing law requires the State Board of Equalization to
assess a fee for any application for a new hazardous waste facilities
permit, a variance, or a permit modification, for deposit into the
Hazardous Waste Control Account. A permit or variance for a
research, development, and demonstration facility is exempt from
those fees, under specified conditions. The fee for one or more
class 1 permit modifications is $500, up to a maximum of $1,500.
This bill would decrease the fee for certain class 1 permit
modifications to $100, up to a maximum of $500, and would allow an
application for one or more class 1 permit modifications at the same
time, as specified. The bill would revise the fees for class 2 and
class 3 permit modification applications. The bill would limit the
fee exemption for research, development, and demonstration facilities
to 2 years and would delete a medium or large multiuser commercial
facility which does not have a permit from that research,
development, and demonstration fee exemption.
(9) Existing law provides that a facility receiving non-RCRA
hazardous waste imported into this state is a generator for purposes
of the annual fee imposed upon generators of hazardous waste.
This bill would instead exempt, after January 1, 1996, from the
generator fee and the generator surcharge, a person transporting,
importing, or receiving non-RCRA hazardous waste imported into the
state.
(10) Existing law requires the disposal fee to be due and payable
quarterly to the board.
This bill would require the disposal fee to be due and payable
monthly on or before the last day of the third calendar month for
which the fee is due and would require a form to be submitted when
the fee is due to the board, with specified information. The bill
would require specified information to be maintained by each taxpayer
who submits hazardous waste for disposal.
(11) The bill would make a legislative finding that the bill would
not impose a tax for purposes of Article XIIIA of the California
Constitution and would make other findings concerning the reduction
of administrative costs and the funding of the department.
The bill would declare the intent of the Legislature that the
Secretary for Environmental Protection convene a task force to review
the hazardous waste fee structure, and by January 1, 1997, make
recommendations to the Legislature concerning a new fee system.
(12) The bill would incorporate changes proposed by the following
bills to the following provisions of the Health and Safety Code,
which would take effect only if this bill is chaptered last:
(a) Section 25160, as proposed by both this bill and AB 1245.
(b) Section 25200.3, as proposed by this bill and AB 1966, SB
1135, SB 1191, and SB 1291.
(c) Section 25200.14, as proposed by both this bill and SB 1191.
(d) Section 25205.7, as proposed by this bill and AB 1245, AB
1964, and SB 1291, and including other conforming changes.
The bill would make a statement of legislative intent with regard
to the order of enactment of those bills.
(13) Since a violation of the bill's requirements would be a
crime, the bill would impose a state-mandated local program by
creating new crimes.
(14) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited as, the
Hazardous Waste Management Reform Act of 1995.
SEC. 2. Section 25117 of the Health and Safety Code is amended to
read:
25117. (a) "Hazardous waste" means a waste that meets any of the
criteria for the identification of a hazardous waste adopted by the
department pursuant to Section 25141.
(b) "Hazardous waste" includes, but is not limited to, RCRA
hazardous waste.
(c) Unless expressly provided otherwise, the term "hazardous waste"
shall be understood to also include extremely hazardous waste and
acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil
prosecution brought by a city or district attorney or the Attorney
General for violation of this chapter, when it is an element of proof
that the person knew or reasonably should have known of the
violation, or violated the chapter willfully or with reckless
disregard for the risk, or acted intentionally or negligently, the
element of proof that the waste is hazardous waste may be satisfied
by demonstrating that the waste exhibited the characteristics set
forth in subdivision (b) of Section 25141.
SEC. 3. Section 25141 of the Health and Safety Code is amended to
read:
25141. (a) The department shall develop and adopt by regulation
criteria and guidelines for the identification of hazardous wastes
and extremely hazardous wastes.
(b) The criteria and guidelines adopted by the department pursuant
to subdivision (a) shall identify waste or combinations of waste,
that may do either of the following, as hazardous waste because of
its quantity, concentration, or physical, chemical, or infectious
characteristics:
(1) Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness.
(2) Pose a substantial present or potential hazard to human health
or the environment, due to factors including, but not limited to,
carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative
properties, or persistence in the environment, when improperly
treated, stored, transported, or disposed of, or otherwise managed.
(c) Except as provided in Section 25141.5, any regulations adopted
pursuant to this section for the identification of hazardous waste
as it read on January 1, 1995, which are in effect on January 1,
1995, shall be deemed to comply with the intent of this section as
amended by this act during the 1995 portion of the 1995-96 Regular
Session of the Legislature.
SEC. 4. Section 25141.5 of the Health and Safety Code is amended
to read:
25141.5. (a) The department shall, when classifying a waste as
hazardous pursuant to the criteria in paragraph (8) of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations, as that section read on January 1, 1993, incorporate the
department's decision into a regulation, if the department
determines that the waste's classification as a hazardous waste is
likely to have broad application beyond the producer who initiated
the request.
(b) Unless the department makes a determination after January 1,
1996, by regulation, that additional criteria are necessary to
protect the public health, safety, and environment of the state, the
department shall use the following criteria and procedures for the
identification and regulation of the following types of hazardous
waste:
(1) In identifying wastes which are hazardous due to the
characteristic of reactivity, the department shall rely on objective
analytical tests, procedures, and numerical thresholds set forth in
the regulations or guidance documents adopted by the Environmental
Protection Agency.
(2) (A) On and after January 1, 1997, in identifying wastes which
are hazardous due to the characteristic of acute oral toxicity, as
defined in the regulations adopted by the department pursuant to this
chapter, the department shall use an oral LD50 threshold of less
than 2,500 milligrams per kilogram, unless the department adopts
revised regulations setting forth a different threshold for acute
oral toxicity, based on a review and update of the scientific basis
for this criterion.
(B) Notwithstanding any other provision of this chapter or the
regulations adopted by the department prior to January 1, 1996, to
the extent consistent with the federal act, the substances listed in
this subparagraph shall not be classified as hazardous waste due
solely to the characteristic of acute oral toxicity. The language in
parentheses following the scientific name of each of the substances
listed in this paragraph describes one or more common uses of each
substance, and is provided for informational purposes only.
(i) Acetic acid (vinegar).
(ii) Aluminum chloride (used in deodorants).
(iii) Ammonium bromide (used in textile finishing and as an
anticorrosive agent).
(iv) Ammonium sulfate (used as a food additive and in fertilizer).
(v) Anisole (used in perfumes and food flavoring).
(vi) Boric acid (used in eyewashes and heat resistant glass).
(vii) Calcium fluoride (used to fluoridate drinking water).
(viii) Calcium formate (used in brewing and as a briquette
binder).
(ix) Calcium propionate (used as a food additive).
(x) Cesium chloride (used in brewing and in mineral waters).
(xi) Magnesium chloride (used as a flocculating agent).
(xii) Potassium chloride (used as a salt substitute and a food
additive).
(xiii) Sodium bicarbonate (baking soda, used in antacids and
mouthwashes).
(xiv) Sodium borate decahydrate (borax, used in laundry
detergents).
(xv) Sodium carbonate (soda ash, used in textile processing).
(xvi) Sodium chloride (table salt).
(xvii) Sodium iodide (used as an iodine supplement and in cloud
seeding).
(xviii) Sodium tetraborate (borax, used in laundry detergents).
(xix) The following oils commonly used as food flavorings:
allspice oil, ceylon cinnamon oil, clarified slurry oil, dill oils,
or lauryl leaf oil.
(3) (A) Except as provided in subparagraph (B), a waste which
would be classified as hazardous solely because it exceeds total
threshold limit concentrations, as defined in regulations adopted by
the department, shall be excluded from classification as a hazardous
waste for purposes of disposal in, and is allowed to be disposed in,
a disposal unit regulated as a permitted class I, II, or III disposal
unit, pursuant to Sections 2532, 2533, and 2541 of Title 23 of the
California Code of Regulations, if, prior to disposal, the waste is
managed in accordance with the management standards adopted by the
department, by regulation, if any, for this specific type of waste.
(B) Subparagraph (A) shall not apply to a hazardous waste that is
a liquid, a sludge or sludge-like material, soil, a solid that is
friable, powdered, or finely divided, a nonfilterable and nonmillable
tarry material, or a waste that contains an organic substance that
exceeds the total threshold limit concentration established by the
department for that substance.
(C) For purposes of this subparagraph (B), the following
definitions shall apply:
(i) A waste is liquid if it meet the test specified in subdivision
(i) of Section 66268.32 of Title 22 of the California Code of
Regulations.
(ii) "Sludge or sludge-like material" means any solid, semisolid,
or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air
pollution control facility, but does not include the treated effluent
from wastewater treatment plants.
(iii) "Friable, powdered, or finely divided" shall have the same
meaning as used in the regulations adopted by the department pursuant
to this chapter.
(iv) "Nonfilterable and nonmillable tarry material" shall have the
same meaning as used in the regulations adopted by the department
pursuant to this chapter.
(D) This paragraph does not affect the authority of a city or
county regarding solid waste management under existing provisions of
law.
(c) Any regulations adopted pursuant to subdivision (b) of this
section shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare, and may be adopted as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 5. Section 25155.5 of the Health and Safety Code is repealed.
SEC. 6. Section 25155.6 of the Health and Safety Code is repealed.
SEC. 7. Section 25155.7 of the Health and Safety Code is repealed.
SEC. 8. Section 25160 of the Health and Safety Code is amended to
read:
25160. (a) For purposes of this chapter, "manifest" means a
shipping document originated and signed by a generator of hazardous
waste which contains all of the information required by the
department and which complies with all applicable federal and state
regulations.
(b) (1) Any person generating hazardous waste which is
transported, or submitted for transportation, for offsite handling,
treatment, storage, disposal, or any combination thereof, shall
complete a manifest prior to the time the waste is transported or
offered for transportation, and shall designate on that manifest the
facility to which the waste is to be shipped for the handling,
treatment, storage, disposal, or combination thereof. The manifest
shall be completed, as required by the department. The generator
shall provide the manifest to the person who will transport the
hazardous waste, who is the driver, if the hazardous waste will be
transported by vehicle, or the person designated by the railroad
corporation or vessel operator, if the hazardous waste will be
transported by rail or vessel. The generator shall use the standard
California Uniform Hazardous Waste Manifest supplied by the
department for all shipments of hazardous waste for which a manifest
is required, except as provided in paragraph (2). A manifest shall
only be used for the purposes specified in this chapter, including,
but not limited to, identifying materials which the person completing
the manifest reasonably believes are hazardous waste. Within 30
days after transporting hazardous waste, or submitting hazardous
waste for transport, each generator of that hazardous waste shall
submit to the department a legible copy of each manifest used. The
copy submitted to the department shall contain the signatures of the
generator and the transporter.
(2) Any person generating hazardous waste which is transported, or
submitted for transportation, for offsite handling, treatment,
storage, disposal, or any combination thereof, outside of the state,
shall complete, whether or not the waste is determined to be
hazardous by the importing country or state, a standard California
Uniform Hazardous Waste Manifest, or the generator shall complete, in
its own form of manifest, the manifest required by the receiving
state and shall submit a copy of that manifest to the department
within 30 days of the transport, or submission for transport, of the
hazardous waste.
(3) Within 30 days after transporting hazardous waste, or
submitting hazardous waste, for transport out of state, each
generator of that hazardous waste shall submit to the department a
legible copy of each manifest used. The copy submitted to the
department shall contain the signatures of the generator, all
transporters, excepting intermediate rail transporters, and the
out-of-state facility operator. If within 35 days after the initial
shipment, or for exports by water to foreign countries, 60 days after
the initial shipment, the generator has not received a copy of the
manifest signed by all transporters and the facility operator, the
generator shall contact the owner or operator of the designated
facility to determine the status of the hazardous waste and to
request that the owner or operator immediately provide a signed copy
of the manifest to the generator. If within 45 days after the
initial shipment or, for exports by water to foreign countries, 90
days after the initial shipment, the generator has not received a
copy of the signed manifest from the facility owner or operator, the
generator shall submit an exception report to the department.
(c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain. The form of each manifest and the
information requested on each manifest shall be the same for all
hazardous wastes, regardless of whether the hazardous wastes are also
regulated pursuant to the Resource Conservation and Recovery Act of
1976 (42 U.S.C. Sec. 6901 et seq.), or by regulations adopted by the
United States Department of Transportation. However, the form of the
manifest and the information required shall be consistent with
federal regulations.
(2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations, including, but not limited to, the number of
the vehicle which will transport the hazardous waste, as specified in
the certificate of compliance issued pursuant to Section 25168.3.
(d) (1) Any person who transports hazardous waste in a vehicle
shall have a manifest in his or her possession while transporting the
hazardous waste. The manifest shall be shown upon demand to any
representative of the department, any officer of the California
Highway Patrol, any local health officer, or any local public officer
designated by the director. If the hazardous waste is transported
by rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter
1 of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste which the department may require.
(2) Any person who transports any waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
(3) Any person who transports hazardous waste shall transfer a
copy of the manifest to the facility operator at the time of
delivery, or to the person who will subsequently transport the
hazardous waste in a vehicle. Any person who transports hazardous
waste and then transfers custody of that hazardous waste to a person
who will subsequently transport that waste by rail or vessel shall
transfer a copy of the manifest to the person designated by the
railroad corporation or vessel operator, as specified by Subchapter C
(commencing with Section 171.1) of Chapter 1 of Subtitle B of Title
49 of the Code of Federal Regulations.
(4) Any person transporting hazardous waste by motor vehicle,
rail, or water shall certify to the department, at the time of
initial registration and at the time of renewal of that registration
pursuant to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
(e) (1) Any facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days after receiving the hazardous waste. The copy submitted to
the department shall contain the signatures of the generator, all
transporters, excepting intermediate rail transporters, and the
facility operator. In instances where the generator or transporter
is not required by the generator's state or federal law to sign the
manifest, the facility operator shall require the generator and all
transporters, excepting intermediate rail transporters, to sign the
manifest before accepting the waste at any facility in this state.
(2) Any shipment of hazardous waste generated outside this state
and transported into the state shall be accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
(3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
(A) The facility operator is authorized to accept the waste
pursuant to a hazardous waste facilities permit or other grant of
authorization from the department.
(B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
(4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
(f) On or before June 1, 1996, the department shall make available
for review, by any interested party, information regarding the
department's progress in adopting revised regulations relating to
hazardous waste manifests, including specific requirements for
milkrun operations set forth in Section 66263.42 of Title 22 of the
California Code of Regulations.
(g) (1) On or before April 1, 1996, the department shall make
available for review, by any interested party, the department's plans
for revising and enhancing its system for tracking hazardous waste
for the purposes of protecting public health and the environment,
enforcing laws, collecting revenue, and generating necessary reports.
(2) On or before April 1, 1997, the department shall make
available for review, by any interested party, information regarding
the progress of the department in revising and enhancing its system
for tracking hazardous waste.
SEC. 9. Section 25160 of the Health and Safety Code is amended to
read:
25160. (a) For purposes of this chapter, "manifest" means a
shipping document originated and signed by a generator of hazardous
waste which contains all of the information required by the
department and which complies with all applicable federal and state
regulations.
(b) (1) Any person generating hazardous waste which is
transported, or submitted for transportation, for offsite handling,
treatment, storage, disposal, or any combination thereof, shall
complete a manifest prior to the time the waste is transported or
offered for transportation, and shall designate on that manifest the
facility to which the waste is to be shipped for the handling,
treatment, storage, disposal, or combination thereof. The manifest
shall be completed, as required by the department. The generator
shall provide the manifest to the person who will transport the
hazardous waste, who is the driver, if the hazardous waste will be
transported by vehicle, or the person designated by the railroad
corporation or vessel operator, if the hazardous waste will be
transported by rail or vessel. The generator shall use the standard
California Uniform Hazardous Waste Manifest supplied by the
department for all shipments of hazardous waste for which a manifest
is required, except as provided in paragraph (2). A manifest shall
only be used for the purposes specified in this chapter, including,
but not limited to, identifying materials which the person completing
the manifest reasonably believes are hazardous waste. Within 30
days after transporting hazardous waste, or submitting hazardous
waste for transport, each generator of that hazardous waste shall
submit to the department a legible copy of each manifest used. The
copy submitted to the department shall contain the signatures of the
generator and the transporter.
(2) Any person generating hazardous waste which is transported, or
submitted for transportation, for offsite handling, treatment,
storage, disposal, or any combination thereof, outside of the state,
shall complete, whether or not the waste is determined to be
hazardous by the importing country or state, a standard California
Uniform Hazardous Waste Manifest, or the generator shall complete, in
its own form of manifest, the manifest required by the receiving
state and shall submit a copy of that manifest to the department
within 30 days of the transport, or submission for transport, of the
hazardous waste.
(3) Within 30 days after transporting hazardous waste, or
submitting hazardous waste, for transport out of state, each
generator of that hazardous waste shall submit to the department a
legible copy of each manifest used. The copy submitted to the
department shall contain the signatures of the generator, all
transporters, excepting intermediate rail transporters, and the
out-of-state facility operator. If within 35 days after the initial
shipment, or for exports by water to foreign countries, 60 days after
the initial shipment, the generator has not received a copy of the
manifest signed by all transporters and the facility operator, the
generator shall contact the owner or operator of the designated
facility to determine the status of the hazardous waste and to
request that the owner or operator immediately provide a signed copy
of the manifest to the generator. If within 45 days after the
initial shipment or, for exports by water to foreign countries, 90
days after the initial shipment, the generator has not received a
copy of the signed manifest from the facility owner or operator, the
generator shall submit an exception report to the department.
(4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this subdivision. The requirements for an
alternative form of manifest shall ensure that the hazardous waste is
transported by a registered hazardous waste transporter, the
hazardous waste is tracked, and human health and the environment are
protected.
(c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain. The form of each manifest and the
information requested on each manifest shall be the same for all
hazardous wastes, regardless of whether the hazardous wastes are also
regulated pursuant to the Resource Conservation and Recovery Act of
1976 (42 U.S.C. Sec. 6901 et seq.), or by regulations adopted by the
United States Department of Transportation. However, the form of the
manifest and the information required shall be consistent with
federal regulations.
(2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations, including, but not limited to, the number of
the vehicle which will transport the hazardous waste, as specified in
the certificate of compliance issued pursuant to Section 25168.3.
(d) (1) Any person who transports hazardous waste in a vehicle
shall have a manifest in his or her possession while transporting the
hazardous waste. The manifest shall be shown upon demand to any
representative of the department, any officer of the California
Highway Patrol, any local health officer, or any local public officer
designated by the director. If the hazardous waste is transported
by rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter
1 of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste which the department may require.
(2) Any person who transports any waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
(3) Any person who transports hazardous waste shall transfer a
copy of the manifest to the facility operator at the time of
delivery, or to the person who will subsequently transport the
hazardous waste in a vehicle. Any person who transports hazardous
waste and then transfers custody of that hazardous waste to a person
who will subsequently transport that waste by rail or vessel shall
transfer a copy of the manifest to the person designated by the
railroad corporation or vessel operator, as specified by Subchapter C
(commencing with Section 171.1) of Chapter 1 of Subtitle B of Title
49 of the Code of Federal Regulations.
(4) Any person transporting hazardous waste by motor vehicle,
rail, or water shall certify to the department, at the time of
initial registration and at the time of renewal of that registration
pursuant to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
(e) (1) Any facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days after receiving the hazardous waste. The copy submitted to
the department shall contain the signatures of the generator, all
transporters, excepting intermediate rail transporters, and the
facility operator. In instances where the generator or transporter
is not required by the generator's state or federal law to sign the
manifest, the facility operator shall require the generator and all
transporters, excepting intermediate rail transporters, to sign the
manifest before accepting the waste at any facility in this state.
(2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state, may only accept the
waste for treatment, storage, disposal, or any combination thereof,
if the waste is accompanied by a completed standard California
Uniform Hazardous Waste Manifest.
(3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
(A) The facility operator is authorized to accept the waste
pursuant to a hazardous waste facilities permit or other grant of
authorization from the department.
(B) The
facility operator is in compliance with the regulations adopted by
the department specifying the conditions and procedures applicable to
the receipt of hazardous waste under these circumstances.
(4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
(f) On or before June 1, 1996, the department shall make available
for review, by any interested party, information regarding the
department's progress in adopting revised regulations relating to
hazardous waste manifests, including specific requirements for
milkrun operations set forth in Section 66263.42 of Title 22 of the
California Code of Regulations.
(g) (1) On or before April 1, 1996, the department shall make
available for review, by any interested party, the department's plans
for revising and enhancing its system for tracking hazardous waste
for the purposes of protecting human health and the environment,
enforcing laws, collecting revenue, and generating necessary reports.
(2) On or before April 1, 1997, the department shall make
available for review, by any interested party, information regarding
the department's progress in revising and enhancing its system for
tracking hazardous waste.
SEC. 10. Section 25174 of the Health and Safety Code is amended to
read:
25174. (a) There is in the General Fund a Hazardous Waste Control
Account which shall be administered by the director. In addition to
any other money transferred by the Legislature to the Hazardous
Waste Control Account, all of the following amounts shall be
deposited in the account:
(1) The fees collected pursuant to Sections 25187.2, 25205.2,
25205.5, 25205.6, 25205.7, 25205.8, and 25221.
(2) The surcharges collected pursuant to Section 25205.9.
(3) The amount of fees collected pursuant to Section 2560 of the
Vehicle Code, as allocated by Section 25168.6.
(4) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(5) Any money received from the federal government pursuant to the
federal act.
(6) Any fines or penalties collected pursuant to this chapter.
(7) All money received from the sources described in subdivisions
(a) to (h), inclusive, of Section 25330. That money shall not be
deposited in the Hazardous Substance Account unless they are
transferred pursuant to subdivision (b).
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration of this chapter and
Chapter 6.8 (commencing with Section 25300) and for state operational
costs.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code.
(3) To the department for allocation to the State Board of
Equalization to pay any refunds due relating to the surcharges
collected pursuant to Section 43055 of the Revenue and Taxation Code.
(4) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(5) (A) To the office of the Attorney General for the support of
the Toxic Substance Enforcement Program in the office of the Attorney
General, in carrying out the purposes of this chapter and Chapter
6.8 (commencing with Section 25300).
(B) Notwithstanding subdivision (c), expenditures for the purpose
of this paragraph shall not be subject to an interagency or
interdepartmental agreement.
(C) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
appropriated to the office of the Attorney General pursuant to this
paragraph for the preceding fiscal year.
(6) To the department upon transfer to the Hazardous Substance
Account or the Site Remediation Account.
(7) (A) To the department for all purposes for which funds may be
expended from the Hazardous Substance Account or the Hazardous
Substance Cleanup Fund pursuant to Chapter 6.8 (commencing with
Section 25300), with the exceptions of repayments of principal of,
and interest on, bonds sold pursuant to Article 7.5 (commencing with
Section 25385), and payments to contractors for site investigation,
characterization, removal, or remediation.
(B) Funds expended pursuant to this paragraph shall be subject to
the restrictions provided by Chapter 6.8 (commencing with Section
25300) on expenditures from the Hazardous Substance Account or the
Hazardous Substance Cleanup Fund.
(c) Except for the appropriation to the office of the Attorney
General pursuant to paragraph (5) of subdivision (b), all
expenditures from the Hazardous Waste Control Account for support of
departments or agencies other than the Department of Toxic Substances
Control shall, after appropriation to the Department of Toxic
Substances Control by the Legislature, be subject to an interagency
or interdepartmental agreement between the Department of Toxic
Substances Control and the department or agency receiving the
support.
(d) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to other state agencies, as specified in paragraphs (2),
(3), and (5) of subdivision (b), for the upcoming fiscal year. With
respect to expenditures for the purposes of paragraphs (1), (4), (6),
and (7) of subdivision (b), the department shall also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, with regard to the permitting
of hazardous waste facilities, closure plans, and postclosure
permits, the projected allocations of budgets and permitting staff
resources for all of the following facilities:
(A) Hazardous waste facilities managing RCRA hazardous waste.
(B) Hazardous waste facilities managing non-RCRA hazardous waste.
(C) Facilities under each tier of the hazardous waste permitting
system established pursuant to Article 9 (commencing with Section
25200).
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the management of RCRA and non-RCRA hazardous
waste for all of the following types of regulated facilities and
activities:
(A) Hazardous waste facilities by permit tier.
(B) Interim status facilities and operations.
(C) Generators.
(D) Transporters.
(E) Response to complaints.
(3) The department shall identify, with regard to the
transportation of hazardous waste, the projected allocations of
budgets and staff resources for both of the following activities:
(A) The regulation of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation,
corrective action, and remedial and removal actions, the projected
allocations of budgets and staff resources for the oversight and
implementation of the following activities:
(A) Removal and remedial actions at military bases.
(B) Voluntary removal and remedial actions.
(C) Removal and remedial actions under the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(D) Corrective actions at hazardous waste facilities.
(E) Other state removal and remedial actions.
(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to identify, clean up, store, and dispose
of, suspected hazardous substances associated with the investigation
of clandestine drug laboratories and other hazardous materials
spills.
(7) The department shall identify projected allocations of budgets
and staff resources necessary for the department to comply with the
California Environmental Quality Act (Division 21 (commencing with
Section 21000) of the Public Resources Code) when making
discretionary decisions pursuant to this chapter.
(8) The department shall identify the total projected allocations
of budgets and staff resources necessary for all other activities
proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds which are required
to be deposited into the Hazardous Waste Control Account, the
department, with the approval of the Secretary for Environmental
Protection, may take any of the following actions:
(1) Assume responsibility, or enter into a contract with a private
party or with another public agency, other than the State Board of
Equalization, for the collection of any fees, surcharges, fines,
penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for assuring that persons subject
to these fees have equivalent rights to public notice and comment,
and procedural and substantive rights of appeal, as afforded by the
procedures of the State Board of Equalization pursuant to Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code. Final responsibility for the administrative
adjustment of fee rates and the administrative appeal of any fees or
penalty assessments made pursuant to this section may only be
assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
SEC. 11. Section 25174.1 of the Health and Safety Code is amended
to read:
25174.1. (a) Each person who disposes of hazardous waste in the
state shall pay a fee for the disposal of hazardous waste to land,
based on the type of waste placed in a disposal site, in accordance
with this section and Section 25174.6.
(b) "Disposal fee" means the fee imposed by this section.
(c) For purposes of this section, "dispose" and "disposal" include
"disposal," as defined in Section 25113, including, but not limited
to, "land treatment," as defined in subdivision (n) of Section
25205.1.
(d) Each operator of an authorized hazardous waste facility, at
which hazardous wastes are disposed, shall collect a fee from any
person submitting hazardous waste for disposal and shall transmit the
fees to the State Board of Equalization for the disposal of those
wastes. The operator shall be considered the taxpayer for purposes
of Section 43151 of the Revenue and Taxation Code. The facility
operator is not required to collect and transmit the fee for a
hazardous waste if the operator maintains written evidence that the
hazardous waste is eligible for the exemption provided by Section
25174.7 or otherwise exempted from the fees pursuant to this chapter.
The written evidence may be provided by the operator or by the
person submitting the hazardous waste for disposal, and shall be
maintained by the operator at the facility for a minimum of three
years from the date that the waste is submitted for disposal. If the
operator submits the hazardous waste for disposal, the operator
shall pay the same fee as would any other person.
(e) Notwithstanding subdivision (d), the disposal facility shall
not be liable for the underpayment of any disposal fees for hazardous
waste submitted for disposal by a person other than the operator, if
the person submitting the hazardous waste to the disposal facility
has done either of the following:
(1) Mischaracterized the hazardous waste.
(2) Misrepresented any exemptions pursuant to Section 25174.7 or
any other exemption from the disposal fee provided pursuant to this
chapter.
(f) (1) Any additional payment of disposal fees that are due to
the State Board of Equalization as a result of a mischaracterization
of a hazardous waste, a misrepresentation of an exemption, or any
other error, shall be the responsibility of the person making the
mischaracterization, misrepresentation, or error.
(2) In the event of a dispute regarding the responsibility for a
mischaracterization, misrepresentation, or other error, for which
additional payment of disposal fees are due, the State Board of
Equalization shall assign responsibility for payment of the fee to
that person, or those persons, it determines responsible for the
mischaracterization, misrepresentation, or other error, provided that
the person, or persons, has the right to a public hearing and
comment, and the procedural and substantive rights of appeal pursuant
to Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
(3) Any generator, transporter, or owner or operator of a disposal
facility shall report to the department and the State Board of
Equalization any information regarding any such mischaracterization,
misrepresentation, or error, which could affect the disposal fee,
within 30 days of that information first becoming known to that
person.
(g) The State Board of Equalization shall deposit the fees
collected pursuant to this section in the Hazardous Waste Control
Account, for expenditure by the department, upon appropriation by the
Legislature, pursuant to this chapter and Chapter 6.8 (commencing
with Section 25300).
(h) The operator of the facility that disposes of the hazardous
waste to land shall provide to every person who submits hazardous
waste for disposal at the facility a statement showing the amount of
hazardous waste fees payable pursuant to this section.
(i) Any person who disposes of hazardous waste at any site that is
not an authorized hazardous waste facility shall be responsible for
payment of fees pursuant to this section and shall be the taxpayer
for purposes of Section 43151 of the Revenue and Taxation Code.
(j) Any administrative savings that are derived by the state as a
result of changes made to this section during the 1995-96 Regular
Session of the Legislature shall be made available to the department
and reflected in the annual Budget Act.
SEC. 12. Section 25174.6 of the Health and Safety Code is amended
to read:
25174.6. (a) The fee provided pursuant to Section 25174.1 shall
be determined as a percentage of the base rate, as adjusted by the
State Board of Equalization, pursuant to Section 25174.2, or as
otherwise provided by this section. The procedure for determining
these fees is as follows:
(1) The following fees shall be paid for each ton, or fraction
thereof for up to the first 5,000 tons of the following hazardous
wastes disposed of, or submitted for disposal, in the state at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, if the hazardous wastes are not otherwise
subject to the fee specified in paragraph (3) or (4) and are not
otherwise exempt from the fees imposed pursuant to this article:
(A) For non-RCRA hazardous waste, excluding asbestos, generated in
a remedial action, a removal action, or a corrective action taken
pursuant to this chapter, Chapter 6.7 (commencing with Section
25280), Chapter 6.75 (commencing with Section 25299.10), or Chapter
6.8 (commencing with Section 25300), or generated in any other
cleanup, removal, or remediation of a hazardous substance, a fee of
seven dollars and fifty cents ($7.50) per ton.
(B) For all other non-RCRA hazardous waste, a fee of 16.31 percent
of the base rate for each ton.
(2) Thirteen percent of the base rate for each ton, or fraction
thereof, shall be paid for up to the first 5,000 tons of hazardous
waste disposed of, or submitted for disposal, in the state, at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, which result from the extraction,
beneficiation, and processing of ores and minerals, including
phosphate rock and the overburden from the mining of uranium ore and
which is not otherwise subject to the fee specified in paragraph (3)
or (4).
(3) Two hundred percent of the base rate shall be paid for each
ton, or fraction thereof, of extremely hazardous waste disposed of,
or submitted for disposal, in the state.
(4) Two hundred percent of the base rate shall be paid for each
ton, or fraction thereof, of restricted hazardous wastes listed in
subdivision (b) of Section 25122.7 disposed of, or submitted for
disposal, in the state.
(5) Forty and four-tenths percent of the base rate shall be paid
for each ton, or fraction thereof, of hazardous waste disposed of, or
submitted for disposal, in the state, which is not otherwise subject
to the fees specified in paragraph (1), (2), (3), (4), or (6).
(6) Five percent of the base rate shall be paid for each ton, or
fraction thereof, of hazardous waste disposed of, or submitted for
disposal, in the state, that is a solid hazardous waste residue
resulting from incineration or dechlorination. No fees shall be
imposed pursuant to this paragraph on a solid hazardous waste residue
resulting from incineration or dechlorination which is disposed of,
or submitted for disposal, outside of the state.
(7) Fifty percent of the fee that would otherwise be paid for each
ton, or fraction thereof, of hazardous waste disposed of in the
state, that is a solid hazardous waste residue resulting from
treatment of a treatable waste by means of a designated treatment
technology, as defined in Section 25179.2. No fees shall be imposed
pursuant to this paragraph on a solid hazardous waste residue
resulting from treatment of a treatable waste by means of a
designated treatment technology that is not a hazardous waste or
which is disposed of, or submitted for disposal, outside of the
state.
(b) The amount of fees payable to the State Board of Equalization
pursuant to this section shall be calculated using the total wet
weight, measured in tons or fractions thereof, of the hazardous waste
in the form in which the hazardous waste existed at the time of
disposal, submission for disposal, or application to land using a
land disposal method, as defined in Section 66260.10 of Title 22 of
the California Code of Regulations, if all of the following apply:
(1) The weight of any nonhazardous reagents or treatment additives
added to the waste, after it has been submitted for disposal, for
purposes of rendering the waste less hazardous, shall not be included
in those calculations.
(2) Except as provided by paragraph (7) of subdivision (a), any
RCRA hazardous waste received, treated, and disposed at the disposal
facility shall be subject to a disposal fee pursuant to this section
as if it were a non-RCRA hazardous waste, if the waste, due to
treatment, is no longer a RCRA hazardous waste at the time of
disposal.
(c) All fees imposed by this section shall be paid in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
SEC. 13. Section 25174.9 of the Health and Safety Code is
repealed.
SEC. 14. Article 7.7 (commencing with Section 25179.1) of Chapter
6.5 of Division 20 of the Health and Safety Code is repealed.
SEC. 15. Article 7.7 (commencing with Section 25179.1) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 7.7. Hazardous Waste Treatment Reform Act of 1995
25179.1. (a) This article shall be known, and may be cited, as
the Hazardous Waste Treatment Reform Act of 1995.
(b) It is the intent of the Legislature, in enacting this article,
to adopt reasonable and realistic methods for addressing the
environmental risks associated with land disposal of hazardous waste
and to encourage the treatment of hazardous waste to remove or reduce
hazards to human health and the environment. However, it is not the
Legislature's intent to impose hazardous waste management
requirements upon hazardous waste generators and hazardous waste
storage, treatment, and disposal facilities located within the state
which could, if so imposed, encourage illegal disposal practices or
force California generators to seek hazardous waste disposal
solutions in other states or countries, thereby shifting the state's
hazardous waste treatment and disposal burdens to other
jurisdictions.
(c) The Legislature hereby finds and declares the following:
(1) The hazardous waste treatment industry is important to
California's economy and future environmental protection.
(2) Treatment of hazardous waste, the generation of which cannot
otherwise be prevented through waste minimization and recycling of
hazardous constituents, is preferable to disposal of that waste by
means of incineration or land disposal without treatment.
(3) To improve California's economic and environmental well-being,
the development and implementation of new hazardous waste treatment
technologies in California that reduce or eliminate the hazards to
human health and the environment of hazardous waste generated in
California should be encouraged where these technologies can be
practically utilized in California to substantially reduce or
eliminate these hazards.
25179.2. For purposes of this article, the following definitions
apply:
(a) "Agricultural drainage water" means subsurface water or
perched groundwater which is drained from beneath agricultural lands
and which results from agricultural irrigation.
(b) "Free liquids" mean liquids which readily separate from the
solid portion of a hazardous waste under ambient temperature and
pressure.
(c) "Hazardous waste landfill" means a disposal facility, or part
of a facility, where hazardous waste is placed in or onto land and
which is not a land treatment facility, a surface impoundment, or an
injection well.
(d) "Land disposal" means placement in or on the land, and
includes, but is not limited to, placement in a landfill, surface
impoundment, waste pile, injection well, land treatment facility,
salt dome formation, salt bed formation, underground mine or cave, or
concrete vault or bunker intended for disposal purposes.
(e) Notwithstanding Section 25123.5, and for purposes of this
article only, "treatment" means any method, technique, or process,
including incineration, occurring at authorized facilities that
changes the physical, chemical, or biological character or
composition of any hazardous waste and, by that change, the waste
becomes nonhazardous, significantly less hazardous, or more suitable
for land disposal because of removal or substantial reduction of
undesirable properties, such as toxicity, mobility, persistence,
reactivity, bioaccumulation, flammability, or corrosivity.
"Treatment" does not include any of the following, to the extent that
one or more of the following are the only methods which are used:
(1) Solidification of hazardous waste by the addition of absorbent
material that produces a change only in the physical character of
the waste, without a corresponding change in the chemical character
of the waste.
(2) Treatment occurring directly in or on the land, such as land
treatment, except that treatment may include in situ treatment
necessary for site mitigation.
(3) Dilution of hazardous waste by the addition of nonhazardous
material.
(4) Evaporation in a surface impoundment.
(f) "Treated hazardous waste" means a hazardous waste that has
been subject to treatment, as specified in subdivision (e), that
meets treatment standards established by the department pursuant to
Section 25179.6, and applicable treatment standards adopted by the
Environmental Protection Agency pursuant to Section 3004(m) of the
federal act (42 U.S.C. Sec. 6924(m)). "Treated hazardous waste" also
includes a hazardous waste that meets all applicable treatment
standards without prior treatment.
(g) "Designated treatment technology" means a hazardous waste
environmental technology certified by the department in accordance
with Section 25200.1.5 that the department has also designated,
pursuant to Section 25179.7, as a method which will treat specified
types of hazardous waste
to substantially reduce or eliminate the risk to human health
and the environment posed by that waste.
(h) "Treatable waste" means a type or category of hazardous waste,
specified by the department, for which there is a designated
treatment technology. A waste becomes a treatable waste one year
after designation of the first treatment technology found by the
department to be suitable for treatment of that type or category of
hazardous waste pursuant to Section 25179.7.
25179.3. Notwithstanding any other provision of law, except as
provided in Section 26179.9, no person shall dispose of liquid waste,
liquid hazardous waste, or hazardous waste containing free liquids
in a hazardous waste landfill.
25179.4. In developing new programs and carrying out this
chapter, the department shall promote the following waste management
practices in order of priority:
(a) Reduction of hazardous waste generated.
(b) Recycling of hazardous waste.
(c) Treatment of hazardous waste.
(d) Land disposal of residuals from hazardous waste recycling and
treatment.
25179.5. (a) Notwithstanding any other provision of law, any
hazardous waste restricted from land disposal by the federal act, or
by the Environmental Protection Agency pursuant to the federal act,
or by the department pursuant to Section 25179.6, is prohibited from
land disposal in the state, unless one of the following circumstances
apply:
(1) The hazardous waste, or the producer of the hazardous waste is
granted a variance, extension, exclusion, or exemption by the
administrator of the Environmental Protection Agency or by the
department.
(2) The waste is treated in accordance with an applicable
treatment standard.
(3) The federal restriction is stayed or otherwise conditioned by
an appropriate court of law.
(4) It is a solid hazardous waste generated in the cleanup or
decontamination of any site contaminated only by hazardous waste that
has not been restricted or prohibited by the federal act or
prohibited by the Environmental Protection Agency pursuant to the
federal act, and which does not meet the treatment standards
established by the department pursuant to Section 25179.6, if the
department or other federal, state, or local agency with authority to
approve the cleanup or decontamination has approved the disposal of
the waste.
(b) Any treatment standard adopted or amended by the Environmental
Protection Agency pursuant to subsection (m) of Section 6924 of the
federal act, for a hazardous waste prohibited from land disposal
pursuant to subdivision (a) which is in effect is the minimum
treatment standard required to be met before the hazardous waste may
be disposed of, using land disposal, in the state. Any treatment
standard adopted or amended by the Environmental Protection Agency
shall become effective in the state upon the effective date of that
adoption or amendment, as specified in the final rule published in
the Federal Register. Except as provided in Section 25179.6, any
extension, variance, or exemption from the treatment standard granted
by the Administrator of the Environmental Protection Agency shall
also apply in this state.
(c) Subdivision (b) applies only to hazardous waste land disposal
restrictions, standards, or criteria enforced by the department and
does not limit or affect the standards adopted by any other local,
state, or federal agency.
(d) Any hazardous waste or treated hazardous waste that meets all
applicable treatment standards pursuant to this section may be
disposed of to land at a hazardous waste disposal facility that has
been issued a hazardous waste facilities permit allowing that
disposal, if the disposal is conducted in compliance with this
chapter, the applicable regulations adopted by the department, and
the requirements of the permit issued by the department.
25179.6. (a) (1) A land disposal restriction, treatment standard,
or land disposal criteria adopted by the department pursuant to
former Article 7.7 (commencing with Section 25179.1), which article
was repealed by the act adding this section, shall, pursuant to this
section, remain in effect on and after January 1, 1996, except as
provided in paragraph (2), only if both of the following conditions
apply to that adopted restriction, treatment standard, or land
disposal criteria:
(A) The land disposal of hazardous waste was actually prohibited
or otherwise limited by those disposal restrictions, treatment
standards, or land disposal criteria on and before December 31, 1995.
(B) The implementation date of those disposal restrictions,
treatment standards, or land disposal criteria were not suspended
until January 1, 1996, by any provision of former Article 7.7.
(2) Those land disposal restrictions, treatment standards, or land
disposal criteria that remain in effect on and after January 1,
1996, pursuant to paragraph (1), may be repealed or amended by the
department by regulation to maintain consistency with this article or
pursuant to a determination by the department that any such land
disposal restriction, treatment standard, or land disposal criteria
is not necessary to protect public health and safety or the
environment.
(b) On and after January 1, 1996, any land disposal restriction,
treatment standard, or land disposal criteria which is not required
pursuant to Section 25179.5 and which was adopted by the department
pursuant to the former Article 7.7 specified in subdivision (a), but
which did not prohibit land disposal prior to January 1, 1996, or
was otherwise suspended until January 1, 1996, by any provision of
former Article 7.7 shall not prohibit land disposal on or after
January 1, 1996, and shall be deemed repealed, including any land
disposal restriction, treatment standard, or land disposal criteria
for any of the following categories of hazardous waste:
(1) Any RCRA hazardous waste for which a treatment standard has
not been adopted or for which the Environmental Protection Agency has
granted a delay of the effective date of the standard pursuant to
Section 6924 of the federal act.
(2) Any non-RCRA hazardous waste subject to treatment standards
based upon incineration, solvent extraction, or biological treatment.
(3) Any non-RCRA hazardous waste subject to a treatment standard
adopted pursuant to paragraph (3) of subdivision (a) of Section
66268.106 of Title 22 of the California Code of Regulations.
(c) Except as provided in subdivision (a) with regard to repealing
or limiting the effect of restrictions, standards or criteria that
prohibited land disposal as of December 31, 1995, the department may,
by regulation, adopt new land disposal restrictions, treatment
standards, or land disposal criteria in addition to, or more
stringent than, those restrictions, standards, or criteria required
pursuant to the federal act, or required by the Environmental
Protection Agency pursuant to the federal act, or for those hazardous
wastes not subject to restrictions, standards, or criteria required
pursuant to the federal act, or required by the Environmental
Protection Agency pursuant to the federal act, if the department
determines, after holding a public hearing, that both of the
following conditions exist:
(1) A new state land disposal restriction, treatment standard, or
criteria is necessary to protect public health and safety and the
environment, as indicated by evidence on the record.
(2) Attainment of the additional restriction, standard, or
criteria can be practically achieved in this state and is consistent
with the intent language of this article, as provided in Section
25179.1.
(d) On or before January 1, 2001, the department shall review and,
as deemed necessary, revise the hazardous waste land disposal
restrictions, treatment standards, and land disposal criteria which
were adopted by the department before January 1, 1996, pursuant to
former Article 7.7 (commencing with Section 25179.1) and that remain
in effect after that date, to maintain consistency with this section.
Any treatment standards adopted by the department on or after
January 1, 1996, pursuant to this section, shall be reviewed and
revised, as deemed necessary, by the department.
(e) Nothing in this section exempts the department from compliance
with Section 57005 and with Sections 11346.2, 11346.3, 11346.5, and
11346.6 of the Government Code.
25179.7. (a) The department may, upon receipt of a petition,
designate treatment technologies certified pursuant to Section
25200.1.5 in accordance with this article. For each designated
treatment technology, the department shall specify the types or
categories of hazardous wastes that can be satisfactorily treated.
The department may specify more than one certified treatment
technology for a category of waste and the department may determine
more than one category of waste to be suitable for treatment by a
certified treatment technology. When listing a designated treatment
technology, the department shall provide sufficient specificity in
the listing of the treatable wastes to ensure that the definition of
each type or category of waste is clearly defined. When designating
a treatment technology for one or more types or categories of
hazardous waste, the department shall ensure that all of the
following criteria are met:
(1) The treatment technology is appropriate for each of the types
or categories of hazardous waste for which it is designated.
(2) The treatment technology is technically feasible for each of
the types or categories of hazardous waste for which it is
designated.
(3) The treatment technology is environmentally desirable for each
of the types or categories of hazardous waste for which it is
designated. In determining if treatment of a hazardous waste is
environmentally desirable, the department shall consider whether
there is a viable public health and safety or environmental benefit
to be gained by treating the hazardous waste using a designated
treatment technology in this state rather than otherwise disposing of
the hazardous waste, and whether conducting that treatment in this
state provides a benefit beyond that achieved by meeting the land
disposal treatment standard, if any, specified for that hazardous
waste pursuant to Section 25179.5.
(b) Upon designation of a certified treatment technology, the
department shall notify the public of the types or categories of
waste that can be treated by the designated treatment technology.
The notice shall specify whether these types or categories represent
new treatable wastes, and if not, what other designated treatment
technologies also exist for that type or category of treatable waste.
The notice shall include explanation of the potential changes in
the payment of hazardous waste fees that may result from this
designation.
(c) The department shall not impose any requirement or mandate on
any person who generates, stores, treats, or disposes of hazardous
waste to use a designated treatment technology. However, the
department may provide incentives for the use of designated treatment
technologies in this state consistent with authority granted the
department pursuant to this chapter.
(d) The department may adopt regulations establishing standards
for designated treatment technologies.
(e) When determining the fees specified in subdivision (h) of
Section 25200.1.5, the department shall include the amounts
sufficient to recover the actual costs of the department in reviewing
and designating treatment technologies pursuant to this section.
25179.8. (a) Except as provided in subdivision (d), the
department may grant a variance from the requirements of Section
25179.6 for a hazardous waste, consistent with the provisions of
Sections 25143 and 25179.5, if the person demonstrates, to the
satisfaction of the department, that the hazardous waste has not been
restricted or prohibited by the Environmental Protection Agency
pursuant to Section 3004 of the federal act, or the hazardous waste
has been granted an equivalent or less stringent variance by the
Administrator of the Environmental Protection Agency.
(b) The department may grant a variance from the requirements of
Section 25179.6 for agricultural drainage waters which meet the
criteria established by the department pursuant to Section 25141 if a
person demonstrates, to the satisfaction of the department, that all
of the following conditions apply to the waste:
(1) There are no technically and economically feasible treatment,
reuse, or recycling alternatives available to render the agricultural
drainage water nonhazardous.
(2) The applicant can demonstrate that the continued disposal of
agricultural drainage waters does not pose an immediate or
significant long-term risk to public health or the environment.
(3) The disposal of the agricultural drainage waters is in
compliance with the requirements of Section 25179.3.
(c) A variance granted by the department pursuant to subdivision
(b) shall remain in effect for a period not longer than three years
and may be renewed for additional three-year periods.
(d) When granting a variance pursuant to this section, the
department may specify, where appropriate, any treatment which shall
be required prior to land disposal of the waste, and may impose
requirements which may be necessary to protect the public health and
the environment.
(e) The department shall not grant a variance pursuant to
subdivision (a) for hazardous waste granted a variance by the
Administrator of the Environmental Protection Agency which permits
less stringent regulation than that required pursuant to the federal
variance.
25179.9. Lab packs which contain hazardous waste that has not
been restricted or prohibited by the Environmental Protection Agency
pursuant to Section 3004 of the federal act, are exempt from the
requirements of Sections 25179.3 and 25179.6 if they are disposed of
in accordance with the requirements established by the department, by
regulation.
25179.10. (a) The department may grant an exemption from the
requirements of Section 25179.6 pursuant to subdivision (b) for
either of the following:
(1) Any special waste which meets the criteria and requirements
established for special waste in the regulations adopted by the
department and has been classified as a special waste pursuant to the
regulations adopted by the department but does not meet the
treatment standards established by the department pursuant to Section
25179.6.
(2) Any hazardous waste generated in the extraction,
beneficiation, or processing of ores and minerals.
(b) The department may grant an exemption for a waste specified in
subdivision (a) if a person, upon application, demonstrates to the
satisfaction of the department that no economically and
technologically feasible alternatives exist to recycle, reuse, or
treat the waste to meet the treatment standards adopted by the
department pursuant to Section 25179.6 and that there will be no
migration of hazardous constituents in concentrations which pollute
or threaten to pollute the waters of the state from the disposal unit
where the waste is to be disposed. An exemption granted pursuant to
this subdivision shall remain in effect for five years. The
department may renew the exemption if, upon application, it
determines that the findings required by the subdivision still apply.
25179.11. (a) A person discharging a hazardous waste into a
surface impoundment which was constructed before July 1, 1986, and
for which an application for waste discharge requirements was
submitted on or before September 1, 1986, is exempt from the
requirements of Section 25179.6 if all of the following conditions
apply to the surface impoundment:
(1) The surface impoundment, the management of the hazardous waste
discharged into the surface impoundment, and any residue resulting
from the treatment of the hazardous waste, meet the requirements of
Section 3005(j) of the federal act and Section 268.4 of Title 40 of
the Code of Federal Regulations, if applicable.
(2) The surface impoundment is in compliance with Article 9.5
(commencing with Section 25208).
(3) Hazardous waste is discharged into the impoundment for the
purposes of treating the waste to comply with the treatment standard
adopted by the department pursuant to Section 25179.6 for that
hazardous waste, and the residues which result from the treatment of
that hazardous waste which do not meet that treatment standard are
removed for subsequent management within one year of the date of
placement of the hazardous waste into the surface impoundment.
(b) A person discharging a hazardous waste into a surface
impoundment which was constructed after July 1, 1986, and for which
an application for waste discharge requirements was submitted after
September 1, 1986, is exempt from the requirements of Section 25179.6
if all of the following conditions apply to the surface impoundment:
(1) The surface impoundment, the management of the hazardous waste
discharged into the surface impoundment, and any residue resulting
from the treatment of the hazardous waste, meet the requirements of
Section 3005(j) of the federal act and Section 268.4 of Title 40 of
the Code of Federal Regulations, if applicable.
(2) The surface impoundment is in compliance with Article 9.5
(commencing with Section 25208).
(3) Hazardous waste is discharged into the impoundment for the
purposes of treating the waste to comply with the treatment standard
adopted by the department pursuant to Section 25179.6 for that
hazardous waste, and the residues which result from the treatment of
that hazardous waste which do not meet that treatment standard are
removed for subsequent management within one year of the date of
placement of the hazardous waste into the surface impoundment.
(4) The department determines that the use of the surface
impoundment to treat the hazardous waste is the only means by which
the hazardous waste can be treated using the best demonstrated
available technology.
25179.12. (a) Except as provided in subdivisions (b) and (c), a
person operating a land treatment facility is exempt from the
requirements of Section 25179.6 if the facility is in compliance with
the requirements of all state and federal statutes and regulations
applicable to land treatment facilities, including, but not limited
to, subdivision (b), and the facility has either been issued a final
hazardous waste facilities permit or is operating under, and in
compliance with, the requirements of interim status and the facility
operator has submitted an application for a final permit.
(b) Land treatment facilities at which hazardous constituents have
migrated from the treatment zone shall not be eligible for an
exemption pursuant to subdivision (a) until the contamination has
been removed to the satisfaction of the department. In order for the
department to determine whether hazardous constituents have migrated
from the treatment zone, the owner or operator of the land treatment
facility shall provide data to the department on at least all of the
following:
(1) Soil cores taken from below the treatment zone.
(2) Groundwater monitoring.
(3) Unsaturated zone monitoring.
(4) Waste analysis.
(5) Historical activities at the facility.
(c) A land treatment facility may not treat hazardous waste which
has been restricted or prohibited by the Environmental Protection
Agency pursuant to Section 3004 of the federal act unless the land
treatment has been authorized by the Administrator of the
Environmental Protection Agency.
SEC. 16. Section 25200.3 of the Health and Safety Code is amended
to read:
25200.3. (a) Notwithstanding Section 25201, a generator who uses
the following methods for treating RCRA or non-RCRA hazardous waste
in tanks or containers, which is generated onsite, and which do not
require a hazardous waste facilities permit under the federal act,
shall, for those activities, be deemed to be operating pursuant to a
grant of conditional authorization without obtaining a hazardous
waste facilities permit or other grant of authorization and a
generator is deemed to be granted conditional authorization upon
notification to the department, as specified in subdivision (f) if
the treatment complies with the applicable requirements of this
section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding super critical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the
waste contains more than 10 percent acid or base constituents by
weight, the volume treated in a single batch at any one time shall
not exceed 500 gallons.
(10) Processing of more than 500 gallons per month for disposal of
effluent hazardous waste from the processing of silver halide-based
imaging products, if the treatment also complies with paragraph (6)
of subdivision (c) of Section 25201.5, with the exception of the
volume limit in subparagraph (D) of paragraph (6) of subdivision (c)
of Section 25201.5.
(11) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1995, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, those
activities eligible for conditional authorization and those
activities subject to permit-by-rule. In adopting regulations under
this subparagraph, the department shall consider all of the
following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(12) Any wastestream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (12) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety and the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section, or in the processing of silver halide
effluent pursuant to paragraph (10) of subdivision (a).
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator or person owning or operating pursuant to
subdivision (a) shall comply with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessments
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which waste was released, the generator shall take every action
necessary to expeditiously remediate that contamination, if the
contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating
the contamination pursuant to, and in compliance with the provisions
of, an order issued by a California regional water quality control
board or other state or federal environmental enforcement agency,
that remediation shall be adequate for the purposes of complying with
this section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the department's
authority pursuant to Section 25187 as may be necessary to protect
human health and safety or the environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to
leak shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department that the requirements and conditions of this
section are met, including compliance with all applicable
pretreatment standards and with all applicable industrial waste
discharge requirements issued by the agency operating the publicly
owned treatment works into which the wastes are discharged. The
records shall be maintained onsite for a period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) The generator shall submit a fee to the State Board of
Equalization in the amount required by Section 25205.14. The
generator shall submit that fee within 30 days of the date that the
fee is assessed by the State Board of Equalization.
(10) Notwithstanding any other provision of law, the generator
shall submit the fee required by Section 25205.14 for the 1993
reporting period to the department as part of, and at the same time
as, the notification required pursuant to subdivision (f) that is due
on April 1, 1993. Any notification not accompanied by payment of
the fee is invalid and shall not result in a grant of conditional
authorization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) The department may, upon a petition being presented, adopt
regulations which are not emergency regulations to consider granting
a conditional authorization to a new treatment technology. An
operator of a new technology which is granted a conditional
authorization is subject to subdivisions (f), (g), (h), (i), (j),
(k), and (l) pursuant to the requirements of paragraph (3) of
subdivision (c).
(2) For purposes of this subdivision, "new technology" means a
hazardous waste treatment technology which, as it is applied to a
specific waste stream, is not identified in this section or Section
25201.5 or in the department's regulations pertaining to
permit-by-rule or hazardous waste facility permits.
(3) To conditionally authorize a new technology, the department
shall find all of the following:
(A) The hazardous waste to be treated is defined by paragraph (1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of subdivision
(a).
(B) The new treatment technology complies with all of the
conditions of subdivision (b).
(C) The generator complies with subdivision (c).
(D) The treatment technology does not violate paragraph (1), (2),
or (5) of subdivision (d).
(E) The new treatment technology poses no greater risk to the
public health and safety and the environment than those technologies
that are specifically made eligible for conditional authorization by
this section.
(f) Any generator commencing the first treatment of hazardous
waste under this section shall notify by certified mail, with return
receipt requested, the department and the local health officer or
other local public officer designated by the director pursuant to
Section 25180 not less than 60 days prior to commencing the first
treatment of that waste. Each notification shall be completed,
dated, and signed according to the requirements of Section 66270.11
of Title 22 of the California Code of Regulations, as those
requirements that were in effect on January 1, 1996, and apply to
hazardous waste facilities permit applications, shall be on a form
prescribed by the department, and shall include, but not be limited
to, all of the following information:
(1) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(2) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(3) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facility permit is not required
under the federal act.
(4) A description of the characteristics and management of any
treatment residuals.
(5) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(6) A description of the hazardous waste storage tanks as
described in subdivision (o).
(g) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(h) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall provide
written notification to the department and to the local health
officer or other local public officer designated by the director
pursuant to Section 25180 upon completion of all activities required
under this subdivision.
(i) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(j) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic livestock
or wildlife, or the environment. The department shall conduct the
revocation of a conditional authorization granted pursuant to this
section in accordance with Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations and as specified in Section 25186.7.
(k) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(l) A generator shall submit an amended notification to the
department and the local health officer or other local public officer
designated by the director pursuant to Section 25180, in person, or
by certified mail, with return receipt requested, within 30 days of
any change in operation which necessitates modifying any of the
information submitted in the notification required pursuant to
subdivision (f). Each amended notification shall be completed,
dated, and signed in accordance with the requirements of Section
66270.11 of Title 22 of the California Code of Regulations, as those
requirements apply to hazardous waste facilities permit applications.
(m) A person who has submitted a notification to the department
pursuant to subdivision (f) shall be deemed to be operating pursuant
to this section, and shall be subject to the fee set forth in
subdivision (a) of Section 25205.14 until that person submits to the
department in person, or by certified mail, with return receipt
requested, a certification that the generator has ceased all
treatment activities of hazardous waste streams authorized pursuant
to this section in accordance with the requirements of subdivision
(h).
(n) The development and publication of the notification form
specified in subdivision (f) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
(o) Notwithstanding paragraph (2) of subdivision (b) of Section
25123.3, a tank used for the purpose of storing hazardous waste which
is treated onsite in accordance with this section is not a storage
facility for purposes of Section 25123.3, but the hazardous waste
shall be subject to all of the applicable requirements of this
section.
SEC. 16.5. Section 25200.3 of the Health and Safety Code is
amended to read:
25200.3. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), if the treatment complies with the applicable
requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding super critical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or
gravity settling, but excluding supercritical fluid extraction. This
phase separation may include the use of demulsifiers and flocculants
in those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent
acid or base constituents by weight, the volume treated in a single
batch at any one time shall not exceed 500 gallons.
(10) Processing of more than 500 gallons per month for disposal of
effluent hazardous waste from the processing of silver halide-based
imaging products, if the treatment also complies with the
requirements of paragraph (6) of subdivision (c) of Section 25201.5,
with the exception of the volume limit in subparagraph (D) of
paragraph (6) of subdivision (c) of Section 25201.5.
(11) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1998, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, not
later than January 1, 1997, those activities eligible for conditional
authorization and those activities subject to permit-by-rule. In
adopting regulations under this subparagraph, the department shall
consider all of the following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(12) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (12) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety and the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section, or in the processing of silver halide
effluent pursuant to paragraph (10) of subdivision (a).
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the local air pollution
control or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which waste was released, the generator shall take every action
necessary to expeditiously remediate that contamination, if the
contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating
the contamination pursuant to, and in compliance with the provisions
of, an order issued by a California regional water quality control
board or other state or federal environmental enforcement agency,
that remediation shall be adequate for the purposes of complying with
this section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety or the
environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The department shall, by regulation, determine the best
feasible leak detection measures which are sufficient to ensure that
underground gravity-pressured sewer systems, for which it is not
feasible to conduct integrity testing, do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to
leak shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department and the unified program agency that the
requirements and conditions of this section are met, including
compliance with all applicable pretreatment standards and with all
applicable industrial waste discharge requirements issued by the
agency operating the publicly owned treatment works into which the
wastes are discharged. The records shall be maintained onsite for a
period of five years.
(8) The generator shall treat only waste which is generated
onsite. For purposes of this chapter, a residual material from the
treatment of a hazardous waste generated offsite is not a waste that
has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(10) Notwithstanding any other provision of law, the generator
shall submit the fee required by Section 25205.14 for the 1993
reporting period to the department as part of, and at the same time
as, the notification required pursuant to subdivision (e) that is due
on April 1, 1993. Any notification not accompanied by payment of
the fee is invalid and shall not result in a grant of conditional
authorization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste in order to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, to the officer or agency
authorized, pursuant to subdivision (f) of Section 25404.3, to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404.
(2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
(3) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements that were in effect on January 1, 1996, and
apply to hazardous waste facilities permit applications, shall be on
a form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an action by any local, state, or federal
environmental or public health enforcement agency concerning the
operation of the facility within the last three years, as the
documents would be available under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to and to one of the
following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, to the officer or agency
authorized, pursuant to subdivision (f) of Section 25404.3, to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404.
(h) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall
conduct the revocation of a conditional authorization granted
pursuant to this section in accordance with Chapter 21 (commencing
with Section 66271.1) of Division 4.5 of Title 22 of the California
Code of Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to one of the
following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to one of the following:
(i) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(ii) On and after January 1, 1997, to the officer or agency
authorized, pursuant to subdivision (f) of Section 25404.3, to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404.
(2) Each amended notification made pursuant to this subdivision
shall be completed, dated, and signed in accordance with the
requirements of Section 66270.11 of Title 22 of the California Code
of Regulations, as those requirements apply to hazardous waste
facilities permit applications.
(l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (b) of Section 25205.14
until that person submits a certification that the generator has
ceased all treatment activities of hazardous waste streams authorized
pursuant to this section in accordance with the requirements of
subdivision (g). The certification required by this subdivision
shall be submitted, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to one of the following:
(A) Before January 1, 1997, to the local health officer or other
local public officer designated pursuant to Section 25180.
(B) On and after January 1, 1997, to the officer or agency
authorized, pursuant to subdivision (f) of Section 25404.3, to
implement and enforce the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404.
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
SEC. 17. Section 25200.14 of the Health and Safety Code is amended
to read:
25200.14. (a) (1) Except as provided in paragraph (2) and in
subdivision (h), in implementing the requirements of Section 25200.10
for facilities operating pursuant to a permit-by-rule or generators
operating pursuant to a grant of conditional authorization under
Section 25200.3, the department shall require the owner or operator
of the facility or generator operating pursuant to a permit-by-rule
or grant of conditional authorization under Section 25200.3, to
complete and file a phase I environmental assessment with the
department within one year from the date of the adoption of the
checklist specified in subdivision (e), but no later than January 1,
1997.
(2) Paragraph (1) does not apply to a facility which is conducting
a site assessment, or has conducted a site assessment, of its entire
facility, in accordance with an order issued by the California
regional water quality control board or any other state or federal
environmental enforcement agency. After submitting a phase I
environmental assessment, the owner or operator of the facility or
generator subject to this section shall subsequently submit to the
department, during the next regular reporting period, if any, updated
information obtained by the owner, operator, or generator concerning
releases subsequent to the submission of the phase I environmental
assessment.
(b) For purposes of this section, a phase I environmental
assessment means a preliminary site assessment based on reasonably
available knowledge of the facility, including, but not limited to,
historical use of the property, prior releases, visual and other
surveys, records, consultant reports, and regulatory agency
correspondence. An assessment which would otherwise meet the
requirements of this section which is prepared for another purpose
and was completed not more than three years prior to the date by
which the generator is required to submit a phase I environmental
assessment may be used to comply with the requirements of this
section, if the assessment is supplemented by any relevant updated
information reasonably available to the owner, operator, or
generator.
(c) The department shall not require sampling or testing as part
of the phase I environmental assessment. A phase I environmental
assessment shall be certified by the owner, operator, or their
designee, certified professional engineer, geologist, or registered
environmental assessor. The phase I environmental assessment shall
indicate whether the preparer believes that further investigation,
including sampling and analysis, is necessary to determine whether a
release has occurred, or to determine the extent of a release from a
solid waste management unit or hazardous waste management unit.
(d) (1) If the results of the phase I environmental assessment
conducted pursuant to subdivision (a) indicate that further
investigation is needed in order to determine the existence or extent
of a release from a solid waste management unit or hazardous waste
management unit, the facility shall submit a schedule, within 90 days
of submission of the phase I environmental assessment to the
department, for that further investigation to the department. If the
department determines, based upon a review of the phase I
environmental assessment or other site-specific information in its
possession, that further investigation is needed to determine the
existence or extent of a release from a solid waste management unit
or hazardous waste management unit, in addition to any further action
proposed by the owner or operator of the facility, or determines
that a different schedule is necessary to prevent harm to human
health and safety or to the environment, the department shall inform
the owner or operator of the facility of this determination and shall
set a reasonable time period in which to accomplish that further
investigation.
(2) In determining if a schedule is acceptable for investigation
or remediation of any facility operating pursuant to a permit-by-rule
or a generator operating pursuant to a grant of conditional
authorization, the department may require
more expeditious action if the department
determines that hazardous constituents are mobile and are likely
moving toward, or have entered, a source of drinking water, as
defined by the State Water Resources Control Board, or determines
that more expeditious action is otherwise necessary to protect public
health, safety, and the environment. To the extent that the
department determines that the hazardous constituents are relatively
immobile, or that more expeditious action is otherwise not necessary
to protect public health, safety, or the environment, the department
may allow a longer schedule to allow the facility or generator to
accumulate a remediation fund, or other financial assurance
mechanism, prior to taking corrective action.
(3) If a facility is conducting further investigation to determine
the nature or extent of a release pursuant to, and in compliance
with the provisions of, an order issued by a California regional
water quality control board or other state or federal environmental
enforcement agency, the department shall deem that investigation
adequate for the purposes of determining the nature and extent of the
release or releases which that order addressed, as the investigation
pertains to the jurisdiction of the ordering agency.
(e) The department shall develop a checklist to be used by
facilities in conducting a phase I environmental assessment. The
development and publication of the checklist is not subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The department shall hold at
least one public workshop concerning the development of the
checklist. The checklist shall not exceed the phase I requirements
adopted by the American Society for Testing and Materials (ASTM) for
due diligence for commercial real estate transactions. The
department shall deem compliance with these ASTM standards, or
compliance with the checklist developed and published by the
department, as meeting the phase I requirements of this section.
(f) A facility, or to the extent required by the regulations
adopted by the department, a transportable treatment unit, operating
pursuant to a permit-by-rule shall additionally comply with the
remaining corrective action requirements, as specified in Section
67450.7 of Title 22 of the California Code of Regulations, as in
effect on January 1, 1992.
(g) A generator operating pursuant to a grant of conditional
authorization pursuant to Section 25200.3 shall additionally comply
with the requirement of paragraph (3) of subdivision (c) of Section
25200.3.
(h) The department shall not require a phase I environmental
assessment pursuant to this section for those portions of a facility
subject to a corrective action order issued pursuant to Section
25187, a cleanup and abatement order issued pursuant to Section 13304
of the Water Code, or a corrective action required under subsection
(u) of Section 6294 of Title 42 of the United States Code or
subsection (h) of Section 6928 of Title 42 of the United States Code.
SEC. 17.5. Section 25200.14 of the Health and Safety Code is
amended to read:
25200.14. (a) Except as provided in paragraph (2) and in
subdivision (h), in implementing the requirements of Section 25200.10
for facilities operating pursuant to a permit-by-rule or generators
operating pursuant to a grant of conditional authorization under
Section 25200.3, the department or the unified program agency
authorized to implement this section pursuant to Section 25404.1
shall require the owner or operator of the facility or generator
operating pursuant to a permit-by-rule or grant of conditional
authorization under Section 25200.3, to complete and file a phase I
environmental assessment with the department or the authorized
unified program agency not later than one year after the date of the
adoption of the checklist specified in subdivision (e), but no later
than January 1, 1997, or one year after the facility or generator
becomes authorized to operate pursuant to a permit-by-rule or grant
of conditional authorization, whichever date is later. After
submitting a phase I environmental assessment, the owner or operator
of the facility or generator subject to this section shall
subsequently submit to the department or the authorized unified
program agency, during the next regular reporting period, if any,
updated information obtained by the owner, operator, or generator
concerning releases subsequent to the submission of the phase I
environmental assessment.
(2) Paragraph (1) does not apply to a facility which is conducting
a site assessment, or has conducted a site assessment, of its entire
facility, in accordance with an order issued by a California
regional water quality control board or any other state or federal
environmental enforcement agency.
(b) For purposes of this section, a phase I environmental
assessment means a preliminary site assessment based on reasonably
available knowledge of the facility, including, but not limited to,
historical use of the property, prior releases, visual and other
surveys, records, consultant reports, and regulatory agency
correspondence. An assessment which would otherwise meet the
requirements of this section which is prepared for another purpose
and was completed no more than three years prior to the date by which
the generator is required to submit a phase I environmental
assessment may be used to comply with the requirements of this
section, if the assessment is supplemented by any relevant updated
information reasonably available to the owner, operator, or
generator.
(c) The department or the unified program agency authorized to
implement this section pursuant to Section 25404.1 shall not require
sampling or testing as part of the phase I environmental assessment.
A phase I environmental assessment shall be certified by the owner,
operator, or their designee, certified professional engineer,
geologist, or registered environmental assessor. The phase I
environmental assessment shall indicate whether the preparer believes
that further investigation, including sampling and analysis, is
necessary to determine whether a release has occurred, or to
determine the extent of a release from a solid waste management unit
or hazardous waste management unit.
(d) (1) If the results of the phase I environmental assessment
conducted pursuant to subdivision (a) indicate that further
investigation is needed in order to determine the existence or extent
of a release from a solid waste management unit or hazardous waste
management unit, the facility shall submit a schedule, within 90 days
of submission of the phase I environmental assessment, for that
further investigation to the department or to the unified program
agency authorized to implement this section pursuant to Section
25404.1. If the department or the authorized unified program agency
determines, based upon a review of the phase I environmental
assessment or other site-specific information in its possession, that
further investigation is needed to determine the existence or extent
of a release from a solid waste management unit or hazardous waste
management unit, in addition to any further action proposed by the
owner or operator of the facility, or determines that a different
schedule is necessary to prevent harm to human health and safety or
to the environment, the department or the authorized unified program
agency shall inform the owner or operator of the facility of this
determination and shall set a reasonable time period in which to
accomplish that further investigation.
(2) In determining if a schedule is acceptable for investigation
or remediation of any facility operating pursuant to a permit-by-rule
or a generator operating pursuant to a grant of conditional
authorization, the department may require more expeditious action if
the department determines that hazardous constituents are mobile and
are likely moving toward, or have entered, a source of drinking
water, as defined by the State Water Resources Control Board, or
determines that more expeditious action is otherwise necessary to
protect public health, safety, or the environment. To the extent
that the department determines that the hazardous constituents are
relatively immobile, or that more expeditious action is otherwise not
necessary to protect public health, safety, or the environment, the
department may allow a longer schedule to allow the facility or
generator to accumulate a remediation fund, or other financial
assurance mechanism, prior to taking corrective action.
(3) If a facility is conducting further investigation in order to
determine the nature or extent of a release pursuant to, and in
compliance with the provisions of, an order issued by a California
regional water quality control board or other state or federal
environmental enforcement agency, the department or the authorized
unified program agency shall deem that investigation adequate for the
purposes of determining the nature and extent of the release or
releases which that order addressed, as the investigation pertains to
the jurisdiction of the ordering agency.
(e) The department shall develop a checklist to be used by
facilities in conducting a phase I environmental assessment. The
development and publication of the checklist is not subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The department shall hold at
least one public workshop concerning the development of the
checklist. The checklist shall not exceed the phase I requirements
adopted by the American Society for Testing and Materials (ASTM) for
due diligence for commercial real estate transactions. The
department shall deem compliance with these ASTM standards, or
compliance with the checklist developed and published by the
department, as meeting the phase I environmental assessment
requirements of this section.
(f) A facility, or to the extent required by the regulations
adopted by the department, a transportable treatment unit, operating
pursuant to a permit-by-rule shall additionally comply with the
remaining corrective action requirements, as specified in Section
67450.7 of Title 22 of the California Code of Regulations, as in
effect on January 1, 1992.
(g) A generator operating pursuant to a grant of conditional
authorization pursuant to Section 25200.3 shall additionally comply
with the requirement of paragraph (3) of subdivision (c) of Section
25200.3.
(h) The department or the authorized unified program agency shall
not require a phase I environmental assessment pursuant to this
section for those portions of a facility subject to a corrective
action order issued pursuant to Section 25187, a cleanup and
abatement order issued pursuant to Section 13304 of the Water Code,
or a corrective action required under subsection (u) of Section 6924
of Title 42 of the United States Code or subsection (h) of Section
6928 of Title 42 of the United States Code.
SEC. 18. Section 25200.15 is added to the Health and Safety Code,
to read:
25200.15. (a) The owner or operator of a facility which has a
hazardous waste facilities permit issued pursuant to Section 25200
may change facility structures or equipment without modifying the
facility's hazardous waste facilities permit, if either of the
following apply:
(1) The change to structures or equipment is not within a
permitted unit.
(2) The change to structures or equipment is within the boundary
of a permitted unit, and the structures or equipment are certified by
the owner or operator not to be actively related to the treatment,
storage, or disposal of hazardous waste, or the secondary containment
of those hazardous wastes, and the department, within 30 days from
the date of receipt of notice from the owner or operator, does not
determine that the change is so related or that the change may
otherwise significantly increase risks to human health and safety or
the environment related to the management of the hazardous wastes, or
that the regulations adopted pursuant to the federal act require a
permit modification for the change.
(b) Any determination made pursuant to this section, including,
but not limited to, any determination by the department regarding the
classification of a permit modification, may be appealed by the
owner or operator in the manner provided for appeal of a permit
determination pursuant to the regulations adopted by the department.
SEC. 19. Section 25200.18 is added to the Health and Safety Code,
to read:
25200.18. On or before July 1, 1996, or within six months of the
adoption of electronic reporting standards by the Secretary for
Environmental Protection pursuant to Section 71060 of the Public
Resources Code, whichever occurs later, the department shall
implement a procedure for the electronic reporting of all hazardous
waste facilities permit modifications, to the extent that the
secretary determines that the procedure is compatible with the
electronic reporting standards adopted by the secretary, as follows:
(a) Permit modifications, at the option of the applicant, may be
submitted electronically using the standard file format, transmission
protocols, and electronic signature and authentication techniques
adopted by the Secretary for Environmental Protection for other
environmental data reporting purposes under Part 2 (commencing with
Section 71050) of Division 34 of the Public Resources Code.
(b) Section 71063 of the Public Resources Code, which requires a
pilot program demonstration and evaluation, does not apply to the
electronic permit modification procedures adopted pursuant to this
section.
SEC. 20. Section 25205.7 of the Health and Safety Code is amended
to read:
25205.7. (a) The board shall assess a fee for any application for
a new hazardous waste facilities permit, a variance, or a permit
modification issued by the department pursuant to this chapter or the
regulations adopted pursuant to this chapter. The fee shall be
nonrefundable, even if the application is withdrawn or the permit,
variance, or modification is denied. The department shall provide
the board with any information which is necessary to assess fees
pursuant to this section. The fee shall be collected in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code, and deposited into the Hazardous Waste
Control Account. A person who submits a single application for a
facility that falls within more than one fee category shall pay only
the higher fee.
(b) (1) The amounts stated in this section shall be base rates for
the 1989-90 fiscal year for all facilities, other than those
operating pursuant to a standardized permit, as specified in Section
25201.6. For all facilities operating pursuant to a standardized
permit, the amounts stated in this section shall be the base rates
for the 1993-94 fiscal year. Thereafter the fees shall be adjusted
annually to reflect increases or decreases in the cost of living, as
measured by the Consumer Price Index for the United States, as
reported by the Department of Labor or a successor agency of the
United States government.
(2) The board shall pay a refund of the portion of the fee that
was paid for the 1993-94 fiscal year, in excess of the amounts
specified in this section, to an owner or operator of a facility
operating pursuant to a standardized permit pursuant to Section
25201.6 who paid fees in excess of the amounts specified in this
section for that fiscal year.
(3) The fee shall be assessed upon application to the department.
For a facility operating pursuant to a grant of interim status, the
submittal of the application shall be the submittal of the Part B
application in accordance with regulations adopted by the department.
A person who submits an application for renewal of any existing
permit shall pay an amount equal to the fee that would have been
assessed had the person requested the same changes in a modification
application, but not less than one-half the fee required for a new
permit.
(c) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay eighty-three
thousand dollars ($83,000) for a small facility, one hundred
seventy-seven thousand dollars ($177,000) for a medium facility, and
three hundred four thousand dollars ($304,000) for a large facility.
(d) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay fifty thousand dollars
($50,000) for a small facility, one hundred six thousand dollars
($106,000) for a medium facility, and one hundred eighty-two thousand
dollars ($182,000) for a large facility.
(e) (1) Except as provided in paragraphs (2) and (3), a person
submitting a hazardous waste facility permit application for a
storage facility, a treatment facility, or a storage and treatment
facility shall pay seventeen thousand dollars ($17,000) for a small
facility, thirty-one thousand dollars ($31,000) for a medium
facility, and sixty thousand dollars ($60,000) for a large facility.
(2) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay thirty
thousand fifty-one dollars ($30,051) for a Series A standardized
permit, eighteen thousand seven hundred sixty-two dollars ($18,762)
for a Series B standardized permit, and five thousand dollars
($5,000) for a Series C standardized permit. The board shall assess
these fees based upon the classifications specified in subdivision
(a) of Section 25201.6.
(3) In addition to the fees specified in paragraph (2), the board
shall assess a fee equal to the department's costs in reviewing and
overseeing any corrective action program described in the application
for a standardized permit pursuant to subparagraph (C) of paragraph
(2) of subdivision (c) of Section 25201.6, and in reviewing and
overseeing any corrective action work undertaken at the facility
pursuant to that corrective action program.
(f) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay thirteen
thousand dollars ($13,000) for a small unit, thirty thousand dollars
($30,000) for a medium unit, and sixty thousand dollars ($60,000) for
a large unit.
(g) (1) (A) A person submitting a request for a variance shall pay
three thousand dollars ($3,000) for a variance from any hazardous
waste storage requirements imposed by this chapter, three hundred
dollars ($300) for a variance issued pursuant to Section 25179.8,
three hundred dollars ($300) for a variance to allow the use of a
test method or analytical method which is an alternative to the
methods prescribed by regulation for use in classifying a waste,
eight hundred dollars ($800) for a variance from the requirements for
hazardous waste haulers imposed by this chapter.
(B) A person submitting a request for a variance not listed in
subparagraph (A) shall pay eight thousand dollars ($8,000), unless
the applicant is a small business and the department determines in
its discretion that payment of this fee would cause financial or
other unreasonable hardship to the applicant. If that finding is
made, the department may assess the applicant up to 50 percent of the
standard fee. For the purposes of this subparagraph, "small
business" means a business which is independently owned and operated,
has 25 employees or less, and has a gross annual income which does
not exceed two million dollars ($2,000,000).
(C) If the variance application requests a variance from more than
one specific statute or regulation, a separate fee may be assessed
for each statute or regulation from which the variance is requested.
(2) If the variance contains no significant changes from a
variance previously issued to the same owner or operator, the fee
shall be 25 percent of the amount otherwise provided for by this
section. A change is a significant change if, had it been made to a
permit, it would have been a class 2 or class 3 modification, as
specified in subdivision (h).
(3) Any variance granted pursuant to Article 3 (commencing with
Section 66260.21) of Chapter 10 of Division 4.5 of Title 22 of the
California Code of Regulations is not subject to a fee under this
section.
(h) (1) (A) A person who applies for one or more class 1 permit
modifications, that do not require the prior written approval of the
department pursuant to Section 66270.42 of Title 22 of the California
Code of Regulations, shall pay a fee of one hundred dollars ($100)
for each unit directly impacted by the modification, up to a maximum
of five hundred dollars ($500) for each application.
(B) A person who applies for one or more class 1 permit
modifications, which require the prior written approval of the
department pursuant to Section 66270.42 of Title 22 of the California
Code of Regulations, shall pay a fee for service, agreed upon with
the department, which shall not exceed five hundred dollars ($500)
for each unit directly impacted by the modification, up to a maximum
of one thousand five hundred dollars ($1,500) for each application.
(C) A person may apply for one or more class 1 permit
modifications for more than one facility at a time, if the department
determines that the modifications are the same for each facility and
that the existing facility configuration is the same.
(2) A person who applies for one or more class 2 permit
modifications shall pay, at the election of the person submitting the
application, either of the following fees:
(A) A fee for service, agreed upon with the department.
(B) A fee equal to 20 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 40 percent for each application, except that each
person who applies for one or more class 2 permit modifications for a
land disposal facility or an incinerator shall pay a fee equal to 15
percent of the fee for a new permit for that facility for each unit
directly impacted by the modifications, up to a maximum of 30 percent
for each application.
(3) A person who applies for one or more class 3 permit
modifications shall pay, at the election of the person submitting the
application, either of the following fees:
(A) A fee for service, agreed upon with the department, or
(B) A fee equal to 40 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 80 percent for each application, except that each
person who applies for one or more class 3 permit modifications for a
land disposal facility or an incinerator shall pay a fee equal to 30
percent of the fee for a new permit for that facility for each unit
directly impacted by the modifications, up to a maximum of 60 percent
for each application.
(4) Any fee for service imposed pursuant to this subdivision shall
be agreed upon between the department and the person requesting the
permit modification prior to the commencement of any substantial
review of the application for a permit modification by the department
beyond that necessary to evaluate a reasonable fee for service and
shall specify all of the following:
(A) A schedule for fee payment.
(B) A description of those activities, due dates, and timeframes
which are the responsibility of the person submitting the
application.
(C) A description of those activities, due dates, and timeframes
which are the responsibility of the department.
(5) No facility which is exempted from fees imposed by this
article pursuant to subdivision (e) of Section 25205.3, nor any
operator who is subject to paragraph (2) or (3) of subdivision (d) of
Section 25205.2, shall be subject to any fee pursuant to this
section for a permit modification resulting from a revision of the
facility's or operator's closure plan.
(i) (1) Permits for postclosure shall be required for hazardous
waste facilities if hazardous wastes remain after closure which will
not be subject to the requirements of any other hazardous waste
facilities permit issued by the department at the time of postclosure
permit approval.
(2) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of eight
thousand dollars ($8,000) for a small facility, eighteen thousand
dollars ($18,000) for a medium facility, and thirty thousand dollars
($30,000) for a large facility.
(3) For purposes of this subdivision and paragraph (8) of
subdivision (c) of Section 25205.4, and notwithstanding subdivision
(j), any facility or unit is "small" if 0.5 tons (1,000 pounds) or
less of hazardous waste remain after closure, "medium" if more than
0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous waste
remain after closure, and "large" if 1,000 or more tons of hazardous
waste remain after closure.
(j) For purposes of this section, and notwithstanding Section
25205.1, any facility or unit is "small" if it manages 0.5 tons
(1,000 pounds) or less of hazardous waste during any one month of the
state's current fiscal year, "medium" if it manages more than 0.5
tons (1,000 pounds), but less than 1,000 tons, of hazardous waste
during any one month of the state's current fiscal year, and "large"
if it manages 1,000 or more tons of hazardous waste during any one
month of the state's current fiscal year.
(k) (1) Except as provided in paragraphs (3) and (4), the fees
assessed pursuant to this section do not apply to any permit or
variance to operate a research, development, and demonstration
facility, if the duration of the permit or variance is not longer
than one year, unless the permit or variance is renewed pursuant to
the regulations adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(l) The fees assessed pursuant to this section do not apply to any
of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(m) Except as provided in paragraph (3) of subdivision (e), the
department shall not assess any fees for the department's costs in
reviewing and overseeing a corrective action taken in conjunction
with a hazardous waste facility permit application.
(n) The fees assessed pursuant to subdivision (h) do not apply to
any government agency for hazardous wastes which result when the
government agency, or its contractor, investigates, removes, or
remedies a release of hazardous waste caused by another person.
(o) Any person producing or transporting extremely hazardous waste
shall pay a fee of two hundred dollars ($200) per calendar year, in
addition to any other fee imposed by this section. The fee shall be
collected annually.
SEC. 20.5. Section 25205.7 of the Health and Safety Code is
amended to read:
25205.7. (a) The board shall assess a fee for any application for
a new hazardous waste facilities permit, a variance, or a permit
modification issued by the department pursuant to this chapter or the
regulations adopted pursuant to this chapter. The fee shall be
nonrefundable, even if the application is withdrawn or the permit,
variance, or modification is denied. The department shall provide
the board with any information which is necessary to assess fees
pursuant to this section. The fee shall be collected in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code and deposited into the Hazardous Waste
Control Account. A person who submits a single application for a
facility that falls within more than one fee category shall pay only
the higher fee.
(b) (1) The amounts stated in this section shall be base rates for
the 1996 calendar year. Thereafter the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(2) The fee shall be assessed upon application to the department.
For a facility operating pursuant to a grant of interim status, the
submittal of the application shall be the submittal of the Part B
application in accordance with regulations adopted by the department.
A person who submits an application for renewal of any existing
permit shall pay an amount equal to the fee that would have been
assessed had the person requested the same changes in a modification
application, but not less than one-half the fee required for a new
permit.
(3) Notwithstanding subdivision (f), the fee for any application
for a new permit, variance, permit modification, or permit renewal
for a transportable treatment unit, including any application made
prior to January 1, 1996, that is pending before the department as of
January 1, 1996, shall be determined according to the type of permit
authorizing operation of the unit, as provided by subdivision (d) of
Section 25200.2 or regulations adopted pursuant to subdivision (a)
of Section 25200.2. Any standardized permit issued to the operator
of a transportable treatment unit after January 1, 1996, that
succeeds a full hazardous waste facilities permit issued by the
department prior to January 1, 1996, in accordance with subdivision
(d) of Section 25200.2 or regulations adopted pursuant to subdivision
(a) of Section 25200.2, shall not be considered to be a new permit.
(c) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred two
thousand five hundred eighty-seven dollars ($102,587) for a small
facility, two hundred eighteen thousand seven hundred seventy dollars
($218,770) for a medium facility, and three hundred seventy-five
thousand seven hundred forty dollars ($375,740) for a large facility.
(d) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-one thousand seven
hundred ninety-eight dollars ($61,798) for a small facility, one
hundred thirty-one thousand sixteen dollars ($131,016) for a medium
facility, and two hundred twenty-four thousand nine hundred
forty-nine dollars ($224,949) for a large facility.
(e) (1) Except as provided in paragraphs (2) and (3), a person
submitting a hazardous waste facility permit application for a
storage facility, a treatment facility, or a storage and treatment
facility shall pay twenty-one thousand twelve dollars ($21,012) for a
small facility, thirty-eight thousand three hundred fifteen dollars
($38,315) for a medium facility, and seventy-four thousand one
hundred sixty dollars ($74,160) for a large facility.
(2) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-one thousand five hundred sixty dollars ($31,560) for a Series
A standardized permit, nineteen thousand seven hundred four dollars
($19,704) for a Series B standardized permit, and five thousand two
hundred fifty-one dollars ($5,251) for a Series C standardized
permit. The board shall assess these fees based upon the
classifications specified in subdivision (a) of Section 25201.6.
(3) In addition to the fees specified in paragraph (2), the board
shall assess a fee equal to the department's costs in reviewing and
overseeing any corrective action program described in the application
for a standardized permit pursuant to subparagraph (C) of paragraph
(2) of subdivision (c) of Section 25201.6, and in reviewing and
overseeing any corrective action work undertaken at the facility
pursuant to that corrective action program.
(f) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand sixty-nine dollars ($16,069) for a small unit, thirty-seven
thousand seventy-nine dollars ($37,079) for a medium unit, and
seventy-four thousand one hundred sixty dollars ($74,160) for a large
unit.
(g) (1) (A) A person submitting a request for a variance shall pay
three thousand seven hundred seven dollars ($3,707) for a variance
from any hazardous waste storage requirements imposed by this
chapter, three hundred seventy-one dollars ($371) for a variance
issued pursuant to Section 25179.8, three hundred seventy-one dollars
($371) for a variance to allow the use of a test method or
analytical method which is an alternative to the methods prescribed
by regulation for use in classifying a waste, nine hundred
eighty-nine dollars ($989) for a variance from the requirements for
hazardous waste haulers imposed by this chapter.
(B) (i) A person submitting a request for a variance not listed in
subparagraph (A) shall pay nine thousand eight hundred eighty-six
dollars ($9,886), unless the applicant is a small business and the
department determines in its discretion that payment of this fee
would cause financial or other unreasonable hardship to the
applicant. If that finding is made, the department may assess the
applicant up to 50 percent of the standard fee.
(ii) For the purposes of clause (i), "small business" means a
business which is independently owned and operated, has 25 employees
or less, and has a gross annual income which does not exceed two
million dollars ($2,000,000).
(C) If the variance application requests a variance from more than
one specific statute or regulation, a separate fee may be assessed
for each statute or regulation from which the variance is requested.
(2) If the variance contains no significant changes from a
variance previously issued to the same owner or operator, the fee
shall be 25 percent of the amount otherwise provided for by this
section. A change is a significant change if, had it been made to a
permit, it would have been a class 2 or class 3 modification, as
specified in subdivision (h).
(3) Any variance granted pursuant to Article 4 (commencing with
Section 66263.40) of Chapter 13 of Division 4.5 of Title 22 of the
California Code of Regulations is not subject to a fee under this
section.
(h) (1) (A) A person who applies for one or more class 1 permit
modifications, that do not require the prior written approval of the
department pursuant to Section 66270.42 of Title 22 of the California
Code of Regulations, shall pay a fee of one hundred twenty-four
dollars ($124) for each unit directly impacted by the modification,
up to a maximum of six hundred nineteen dollars ($619) for each
application.
(B) A person who applies for one or more class 1 permit
modifications, which require the prior written approval of the
department pursuant to Section 66270.42 of Title 22 of the California
Code of Regulations, shall pay a fee for service, agreed upon with
the department, which shall not exceed six hundred nineteen dollars
($619) for each unit directly impacted by the modification, up to a
maximum of one thousand eight hundred fifty-six dollars ($1,856) for
each application.
(C) A person may apply for one or more class 1 permit
modifications for more than one facility at a time, if the department
determines that the modifications are the same for each facility and
that the existing facility configuration is the same.
(2) A person who applies for one or more class 2 permit
modifications shall pay, at the election of the person submitting the
application, either of the following fees:
(A) A fee for service, agreed upon with the department.
(B) A fee equal to 20 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 40 percent for each application, except that each
person who applies for one or more class 2 permit modifications for a
land disposal facility or an incinerator shall pay a fee equal to 15
percent of the fee for a new permit for that facility for each unit
directly impacted by the modifications, up to a maximum of 30 percent
for each application.
(3) A person who applies for one or more class 3 permit
modifications shall pay, at the election of the person submitting the
application, either of the following fees:
(A) A fee for service, agreed upon with the department.
(B) A fee equal to 40 percent of the fee for a new permit for that
facility for each unit directly impacted by the modifications, up to
a maximum of 80 percent for each application, except that a person
who applies for one or more class 3 permit modifications for a land
disposal facility or an incinerator shall pay a fee equal to 30
percent of the fee for a new permit for that facility for each unit
directly impacted by the modifications, up to a maximum of 60 percent
for each application.
(4) Any fee for service imposed pursuant to this subdivision shall
be agreed upon between the department and the person requesting the
permit modification prior to the commencement of any substantial
review of the application for a permit modification by the department
beyond that necessary to evaluate a reasonable fee for service, and
the agreement shall specify all of the following:
(A) A schedule for fee payment.
(B) A description of those activities, due dates, and timeframes
which are the responsibility of the person submitting the
application.
(C) A description of those activities, due dates, and timeframes
which are the responsibility of the department.
(5) No facility which is exempted from fees imposed by this
article pursuant to subdivision (e) of Section 25205.3, nor any
operator who is subject to paragraph (2) or (3) of subdivision (d) of
Section 25205.2, shall be subject to any fee pursuant to this
section for a permit modification resulting from a revision of the
facility's or operator's closure plan.
(6) The fee for modification of a permit, that is solely for the
purpose of complying with subdivision (d) of Section 25200.2 or
regulations adopted pursuant to subdivision (a) of Section 25200.2,
shall be five hundred dollars ($500). This paragraph does not apply
to an owner or operator of a transportable treatment unit operating
under a permit-by-rule for which a full hazardous waste facilities
permit or a standardized permit is required pursuant to the
regulations adopted by the department pursuant to subdivision (a) of
Section 25200.2.
(i) (1) Permits for postclosure shall be required for hazardous
waste facilities if hazardous wastes remain after closure which will
not be subject to the requirements of any other hazardous waste
facilities permit issued by the department at the time of postclosure
permit approval.
(2) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of nine thousand
eight hundred eighty-six dollars ($9,886) for a small facility,
twenty-two thousand two hundred forty-nine dollars ($22,249) for a
medium facility, and thirty-seven thousand seventy-nine dollars
($37,079) for a large facility.
(3) For purposes of this subdivision and paragraph (8) of
subdivision (c) of Section 25205.4, and notwithstanding subdivision
(j), any facility or unit is "small" if 0.5 tons (1,000 pounds) or
less of hazardous waste remain after closure, "medium" if more than
0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous waste
remain after closure, and "large" if 1,000 or more tons of hazardous
waste remain after closure.
(j) For purposes of this section, and notwithstanding Section
25205.1, any facility or unit is "small" if it manages 0.5 tons
(1,000 pounds) or less of hazardous waste during any one month of the
state's current fiscal year, "medium" if it manages more than 0.5
tons (1,000 pounds), but less than 1,000 tons, of hazardous waste
during any one month of the state's current fiscal year, and "large"
if it manages 1,000 or more tons of hazardous waste during any one
month of the state's current fiscal year.
(k) (1) Except as provided in paragraphs (3) and (4), the fees
assessed pursuant to this section do not apply to any permit or
variance to operate a research, development, and demonstration
facility, if the duration of the permit or variance is not longer
than one year, unless the permit or variance is renewed pursuant to
the regulations adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to a
facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(l) The fees assessed pursuant to this section do not apply to any
of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(m) Except as provided in paragraph (3) of subdivision (e), the
department shall not assess any fees for the department's costs in
reviewing and overseeing a corrective action taken in conjunction
with a hazardous waste facilities permit application.
(n) The fees assessed pursuant to subdivision (o) do not apply to
any government agency for hazardous wastes which result when the
government agency, or its contractor, investigates, removes, or
remedies a release of hazardous waste caused by another person.
(o) Any person producing or transporting extremely hazardous waste
shall pay a fee of two hundred forty-seven dollars ($247) per
calendar year, in addition to any other fee imposed by this section.
The fee shall be collected annually.
SEC. 21. Section 25205.22 of the Health and Safety Code is amended
to read:
25205.22. (a) Prior to January 1, 1996, any person transporting,
importing, or receiving non-RCRA hazardous waste imported into this
state for purposes of treatment, recycling, or disposal shall be
considered the generator of that waste and the facility shall be
considered the site of generation for purposes of payment of the
generator fee pursuant to Section 25205.5, and the facility operator
shall pay the applicable generator fee even if the operator has also
paid a facility fee, but no generator fee shall be assessed for
non-RCRA hazardous waste imported prior to January 1, 1994.
(b) Notwithstanding subdivision (c), any fees due pursuant to this
chapter for calendar year 1995 and which are due and payable in
calendar year 1996 shall be paid in 1996 in accordance with Section
43152.7 of the Revenue and Taxation Code.
(c) On and after January 1, 1996, any person transporting,
importing, or receiving non-RCRA hazardous waste imported into this
state for purposes of treatment, recycling, or disposal shall be
exempt from the payment of the generator fee imposed pursuant to
Section 25205.5 and the generator surcharge imposed pursuant to
Section 25205.9.
SEC. 22. Section 43151 of the Revenue and Taxation Code is amended
to read:
43151. (a) The fee imposed pursuant to Section 25174.1 of the
Health and Safety Code which is a tax collected and administered
under Section 43051 is due and payable to the board monthly on or
before the last day of the third calendar month following the end of
the calendar month for which the fee is due. Each taxpayer shall, on
or before the last day of the third calendar month following the end
of the calendar month for which the fee is due, make out a tax
return for the calendar month, in the form prescribed by the board in
accordance with subdivision (c). The taxpayer shall deliver the
return, together with a remittance of the amount of fee due, to the
office of the board on or before the last day of the third calendar
month following the end of the calendar month for which the fee is
due.
(b) With the approval of the board, a taxpayer who has more than
one facility subject to the taxes collected and administered under
this chapter, may file a combined tax return covering operations at
more than one, or all, of those facilities.
(c) The form required to be submitted by the taxpayer pursuant to
this section shall show, for the taxpayer and for each person from
whom the taxpayer accepted hazardous waste for disposal, all of the
following:
(1) The total amount of hazardous waste subject to the tax and the
amount of the tax for the period covered by the return.
(2) The amount of hazardous waste disposed during the tax period
that is in each of the fee categories described in Section 25174.6 of
the Health and Safety Code, and the amount of disposal fees paid for
each of those categories.
(3) The amount of hazardous waste received for disposal by the
taxpayer's facility or facilities that is exempt from the payment of
disposal fees pursuant to Section 25174.7 of the Health and Safety
Code, including a copy of any written documentation provided for any
shipment or shipments of hazardous waste received by a facility.
(4) The amount of RCRA hazardous waste which is treated by the
taxpayer so that the waste is considered to be non-RCRA hazardous
waste for purposes of the disposal fee, pursuant to paragraph (2) of
subdivision (b) of Section 25174.6.
(d) (1) Each taxpayer shall maintain records documenting all of
the following information for each person who has submitted hazardous
waste for disposal by the taxpayer during each calendar month and
shall make those records available for review and inspection at the
request of the board or the department:
(A) The tonnage of hazardous waste submitted for disposal.
(B) The type of hazardous waste disposed as specified by Section
25174.6 of the Health and Safety Code, including both of the
following:
(i) Any characterization of the hazardous waste made by the person
submitting the hazardous waste for disposal.
(ii) Any other documentation which the taxpayer maintains
regarding the type of hazardous waste disposed to land.
(C) Any representation made by the person submitting the hazardous
waste regarding any exemptions that may be applicable to the payment
of disposal fees.
(D) For any RCRA hazardous waste which is treated by the taxpayer
so that the waste is considered to be non-RCRA hazardous waste for
purposes of the disposal fee, pursuant to paragraph (2) of
subdivision (b) of Section 25174.6, all of the following information:
(i) The tonnage and type of hazardous waste.
(ii) The method or methods used to treat the hazardous waste.
(iii) Operating records documenting the treatment activity.
(iv) Representative and statistical waste sampling and analysis
data demonstrating that the waste is no longer RCRA hazardous waste
at the time of disposal.
(2) If the hazardous wastes submitted for disposal were
accompanied by a manifest, the information specified in paragraph (1)
shall be maintained by manifest number for each calendar month.
SEC. 23. The Legislature hereby finds and declares that the
amendments to Section 25174.1 of the Health and Safety Code made by
Section 10 of this act reduce the administrative costs to the State
Board of Equalization of collecting the disposal fee, and intends
that this reduction be passed along to the Department of Toxic
Substances Control by reducing the board's billing to the department
for fee collection services. It is the intent of the Legislature
that the reduction be in the amount of at least one million five
hundred thousand dollars ($1,500,000) per fiscal year during which
these amendments are in effect, and be prorated for any portion of a
fiscal year during which they are in effect.
SEC. 24. (a) The Legislature hereby finds and declares that it is
not the Legislature's intent to eliminate funding for the Department
of Toxic Substances Control or for the Hazardous Waste Control
Account. Rather, the Legislature has determined that the existing
fee system established for funding the Hazardous Waste Control
Account is inefficient, inconsistent with public health and safety
and environmental protection objectives, and discourages business
investment in California's economy.
(b) It is the intent of the Legislature that the Secretary for
Environmental Protection convene a task force to review the existing
hazardous waste fee structure and, not later than January 1, 1997,
recommend to the Legislature a new proposed fee system for providing
financial support to California's hazardous waste and hazardous
substance regulatory programs which will do all of the following:
(1) Provide protection for public health and safety and the
environment.
(2) Provide adequate funding to ensure the remediation of
contaminated sites.
(3) Not impose a disproportionate burden on any sector of
California's economy.
(4) Provide a level of funding that will enable the department to
appropriately implement programs authorized by the Legislature in a
manner that is consistent with the objectives of those programs.
(5) Provide a means of funding that is consistent with the
objectives of the department's programs.
(c) It is the intent of the Legislature that the task force
specified in subdivision (b) shall include, but not be limited to,
representatives of the following:
(1) The Legislative Analyst.
(2) Appropriate policy committees of the Senate and the Assembly.
(3) Fiscal committees of the Senate and the Assembly.
(4) State employees.
(5) Environmental organizations.
(6) Hazardous waste fee payers.
SEC. 25. It is the intent of the Legislature to revise and enhance
the department's hazardous waste tracking system to provide the
department with additional data necessary to further support the
department's activities pertaining to protecting public health and
the environment, enforcing laws, collecting revenue, and generating
necessary reports.
SEC. 26. The Legislature finds and declares that since the net
fiscal effect of this act would be to decrease the fees paid for the
management of hazardous waste, the bill would not impose a tax for
purposes of Article XIIIA of the California Constitution.
SEC. 27. It is the intent of the Legislature that, to avoid the
effect of this act conflicting with any other bill which proposes to
amend the same sections amended by this act, this act shall be
enacted after AB 1245, AB 1964, SB 1191, and SB 1291.
SEC. 28. (a) Section 9 of this bill incorporates amendments to
Section 25160 of the Health and Safety Code proposed by both this
bill and AB 1245. It shall only become operative if (1) both bills
are enacted and become effective on January 1, 1996, (2) each bill
amends Section 25160 of the Health and Safety Code, and (3) this bill
is enacted after AB 1245, in which case Section 8 of this bill shall
not become operative.
(b) Section 16.5 of this bill incorporates amendments to Section
25200.3 of the Health and Safety Code proposed by this bill and AB
1966, SB 1135, SB 1191, and SB 1291. It shall only become operative
if (1) all five bills are enacted and become effective on January 1,
1996, (2) each bill amends Section 25200.3 of the Health and Safety
Code, and (3) this bill is enacted after AB 1966, SB 1135, SB 1191,
and SB 1291, in which case Section 16 of this bill shall not become
operative.
(c) Section 17.5 of this bill incorporates amendments to Section
25200.14 of the Health and Safety Code proposed by both this bill and
SB 1191. It shall only become operative if (1) both bills are
enacted and become effective on January 1, 1996, (2) each bill amends
Section 25200.14 of the
Health and Safety Code, and (3) this bill is enacted after SB 1191,
in which case Section 17 of this bill shall not become operative.
(d) Section 20.5 of this bill incorporates amendments to Section
25205.7 of the Health and Safety Code proposed by this bill and AB
1245, AB 1964, and SB 1291 and makes other proposed changes. It
shall only become operative if (1) all four bills are enacted and
become effective on January 1, 1996, (2) each bill amends Section
25205.7 of the Health and Safety Code, and (3) this bill is enacted
after AB 1245, AB 1964, and SB 1291, in which case Section 20 of this
bill shall not become operative.
SEC. 29. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.