BILL NUMBER: AB 1942 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 11, 2004
An act to amend Sections 25200 and 25200.15 of the Health and
Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1942, as introduced, Lowenthal. Hazardous waste facilities
permits.
(1) Existing law requires hazardous waste facilities to operate
under hazardous waste facilities permits issued by the Department of
Toxic Substances Control. Existing law requires the department to
issue a hazardous waste facilities permit for a fixed term, which is
prohibited from exceeding 10 years for any land disposal facility,
storage facility, incinerator, or other treatment facility.
This bill would provide that the owner or operator of a hazardous
waste facility is not required to submit an application for a permit
renewal until requested to do so by the department. The bill would
deem the hazardous waste facilities permit extended if the department
does not initiate the review of the permit before the end of the
permit's fixed term, as specified.
(2) Existing law allows the owner or operator of a permitted
hazardous waste facility to change facility structures or equipment
without modifying the facility's hazardous waste facilities permit,
if the change to the structure or equipment is not within a permitted
unit, or if the structure or equipment is not actively related to
the treatment, storage, or disposal of hazardous waste, or the
secondary containment of those hazardous wastes, as specified.
This bill would authorize the owner or operator of a permitted
facility to change the facility structures or equipment as a Class 1
permit modification, pursuant to the regulations adopted by the
department, if the change to the structure or equipment is required
to comply with requirements of a state or federal agency or an air
quality management or air pollution control district or if the change
will significantly decrease risks to human health and safety or the
environment related to the management of the hazardous wastes in the
structure or equipment.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25200 of the Health and Safety Code is amended
to read:
25200. (a) The department shall issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility which that, in the
judgment of the department , meet the building standards
published in the State Building Standards Code relating to hazardous
waste facilities and the other standards and requirements adopted
pursuant to this chapter. The department shall impose conditions on
each hazardous waste facilities permit specifying the types of
hazardous wastes which that may be
accepted for transfer, storage, treatment, or disposal. The
department may impose any other conditions on a hazardous waste
facilities permit that are consistent with the intent of this
chapter.
(b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility which that
receives hazardous waste from more than one producer comply with any
order of the director which that
prohibits the facility operator from refusing to accept a hazardous
waste based on geographical origin which that
is authorized to be accepted and may be accepted by the
facility without extraordinary hazard.
(c) Any (1) (A) Except as provided in
subparagraph (B), the department shall issue a hazardous waste
facilities permit issued by the department shall be
for a fixed term, which shall not exceed 10 years for any
land disposal facility, storage facility, incinerator, or other
treatment facility. The
(B) Notwithstanding any other provision of law, the owner or
operator of a hazardous waste facility is not required to submit an
application for the renewal of a hazardous waste facilities permit
until requested to do so by the department. If the department does
not initiate the review of a hazardous waste facilities permit before
the end of that permit's fixed term by specifically requesting a
permit renewal application, that hazardous waste facilities permit is
deemed extended until the date when the department specifically
requests a renewal application and the department approves the permit
renewal or the department denies the permit renewal and the facility
owner and operator has exhausted all applicable rights of appeal.
(2) The department shall review each hazardous waste
facilities permit for a land disposal facility five years after the
date of issuance or reissuance, and shall modify the permit, as
necessary, to assure that the facility continues to comply with the
currently applicable requirements of this chapter and the
regulations adopted pursuant to this chapter. This
(3) This subdivision does not prohibit the department from
reviewing and modifying a permit at any time during its term. When
reviewing any application for a permit renewal, the department shall
consider improvements in the state of control and measurement
technology as well as changes in applicable regulations.
Each
(4) Each permit issued under this section shall contain the
terms and conditions which that the
department determines necessary to protect human health and the
environment.
(d) On the date the department is granted final
authorization by the Environmental Protection Agency pursuant to
Section 6926 of Title 42 of the United States Code, any
Any permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued. In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
SEC. 2. Section 25200.15 of the Health and Safety Code is amended
to read:
25200.15. (a) The owner or operator of a facility which
that 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 any of the following
apply:
(1) The change to structures the structure
or equipment is not within a permitted unit.
(2) The Both of the following apply to the
change to the structures or equipment:
(A) The change to structures the
structure or equipment is within the boundary of a permitted
unit, and the structures structure or
equipment are is 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 .
(B) The department, within 30 days from the date of receipt
of notice from the owner or operator, does not determine the
any of the following:
(i) The change is so related or
that the to the treatment storage, or disposal of
hazardous waste or the secondary containment of those hazardous
wastes.
(ii) 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
.
(iii) The regulations adopted pursuant to the federal act
require a permit modification for the change.
(b) (1) The owner or operator of a facility that has a
hazardous waste facilities permit issued pursuant to Section 25200 or
25201.6 may change the facility structure or equipment as a Class 1
permit modification, pursuant to the regulations adopted by the
department, if either of the following applies:
(A) The change to the structure or equipment is required to comply
with requirements of a state or federal agency or an air quality
management or air pollution control district.
(B) The change to the structure or equipment will significantly
decrease risks to human health and safety or the environment related
to the management of the hazardous wastes in the structure or
equipment.
(2) A change to a facility structure or equipment that is
authorized by this subdivision may not result in an increase in the
permitted capacity of a hazardous waste management unit affected by
the change.
(3) For purposes of this section, a "Class 1 permit modification"
means a change to a facility structure or equipment that is
classified as a Class 1 modification pursuant to Chapter 20
(commencing with Section 66270.10) of Division 4.5 of the California
Code of Regulations.
(c) 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.