BILL NUMBER: AB 1942 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 11, 2004
An act to amend Sections 25200 and Section
25200.15 of the Health and Safety Code, relating to hazardous
waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1942, as amended, 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 Department of Toxic Substances
Control , if the department determines that the change to the
structure or equipment is necessary to comply with requirements or
the request of a state or federal agency or an air quality management
or air pollution control district and if the change will 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 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 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 that receives hazardous waste from more than
one producer comply with any order of the director that prohibits
the facility operator from refusing to accept a hazardous waste based
on geographical origin that is authorized to be accepted and may be
accepted by the facility without extraordinary hazard.
(c) (1) (A) Except as provided in subparagraph (B), the department
shall issue a hazardous waste facilities permit for a fixed term,
which shall not exceed 10 years for any land disposal facility,
storage facility, incinerator, or other treatment facility.
(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.
(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.
(4) Each permit issued under this section shall contain the terms
and conditions that the department determines necessary to protect
human health and the environment.
(d) 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 1. Section 25200.15 of the Health and Safety Code is
amended to read:
25200.15. (a) The owner or operator of a facility 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 any of the following
apply:
(1) The change to the structure or equipment is not within a
permitted unit.
(2) Both of the following apply to the change to the structures
or equipment:
(A) The change to the structure or equipment is within the
boundary of a permitted unit, and the structure or equipment 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.
(B) The department, within 30 days from the date of receipt of
notice from the owner or operator, does not determine any of the
following:
(i) The change is related 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.
(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 the department determines that both of the following apply:
(A) The change to the structure or equipment is necessary to
comply with requirements or the request 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 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 Title 22 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.