Amended in Senate January 17, 2014

Amended in Senate January 6, 2014

Senate Bill No. 712

Introduced by Senator Lara

February 22, 2013

An act to add begin delete Section end delete begin insert Sections 25186.2.5 and end insert 25200.7.5 to the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 712, as amended, Lara. Hazardous waste facility: permitting: interim status.

Existing law requires the facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law authorizes a hazardous waste facility in existence on a specified date or on the effective date of any statute or regulation that subjects the facility to the hazardous waste permitting requirements to continue to operate under a grant of interim status pending the review and decision of the department on the permit application.

This bill would require the department, on or before begin delete July 1, 2015, end delete begin insert December 31, 2015, end insert to take final action on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application. The bill would terminate the grant of interim status for such a facility on begin delete July 1, 2015, end delete begin insert December 31, 2015, end insert or on the date on which the department takes final action on the application, whichever is earlier. For other facilities granted interim status, the bill would terminate that status, as specified.

begin insert

Existing law authorizes the department to temporarily suspend a permit, registration, or certificate before a hearing if the department determines that the action is necessary to prevent or mitigate an imminent and substantial danger to the public health and the environment.

end insert begin insert

This bill would authorize the temporary suspension of a facility operating under an expired permit that has been extended because of a pending renewal application or under an interim status if the department determines that the action is necessary to prevent or mitigate a risk to the public health and the environment.

end insert

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

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

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) California’s public health and environmental protection
programs, policies, and activities should be conducted in a manner
that promotes equity and affords fair treatment, accessibility, and
protection for all residents, regardless of race, age, culture, income,
or geographic location.

(2) California needs to provide the greatest level of attention
and protection to those communities that are at the greatest risk
from those impacts.

(3) It is the mission of the California Department of Toxic
Substances Control to protect Californians and the environment
of California from harmful effects of toxic substances.

(4) The department ensures that hazardous waste facilities
comply with public health and safety requirements through
begin delete regulations, end delete begin insert regulations end insert and permitting and inspection programs.

(5) Central to the regulation of hazardous waste facilities is
ensuring that entities that operate these facilities comply with
applicable laws and regulations, that facilities are operating under
proper permits, and that entities that frequently fail to comply with
applicable laws and regulations and pose a risk to public health
and safety are not given new or renewed hazardous waste facilities
permits.

(6) For a full permit, begin delete the end delete begin insert a end insert facility should submit an begin delete application end delete
begin insert application, end insert which is subject to a detailed technical review by the
department, a 45-day public comment period, begin insert and end insert a public hearing,
and begin insert should end insert comply with the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code). Full permits should be renewed every 10 years,
and permitted facilities are subject to regular inspection by the
department.

(7) One facility has been operating under an interim status permit
since 1985 and has repeatedly been found to have polluted the
surrounding environment and community with dangerously high
levels of lead and arsenic.

(8) Lead and arsenic are known carcinogens that increase the
risk of skin, lung, and lymphatic cancer, and can cause
developmental harm, damage to the nervous system, and damage
reproductive health.

(b) It is the intent of the Legislature to identify, protect, and
defend overburdened communities that suffer from asthma, cancers,
and other illnesses born from heavy industrial pollution and to
ensure increased public participation from affected communities
in the governmental decisionmaking process.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25186.2.5 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 25186.2.5. end insert   

The department may temporarily suspend the
operation of a facility operating under an expired permit that has
been extended pursuant to subparagraph (B) of paragraph (1) of
subdivision (c) of Section 25200 or an interim status pursuant to
Section 25200.5 prior to a hearing if the department determines
that the action is necessary to prevent or mitigate a risk to the
public health or safety or the environment. The department shall
notify the owner and operator of the facility of the temporary
suspension and the effective date of the temporary suspension and
at the same time shall serve the person with an accusation. Upon
receipt by the department of a notice of defense to the accusation
from the owner or operator of the facility, the department shall,
within 15 days, set the matter for a hearing, which shall be held
as soon as possible, but not later than 30 days after receipt of the
notice. The temporary suspension shall remain in effect until the
hearing is completed and the department has made a final
determination on the merits, which shall be made within 60 days
after the completion of the hearing. If the determination is not
transmitted within this period, the temporary suspension shall be
of no further effect.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 25200.7.5 is added to the Health and Safety
Code, to read:

25200.7.5.  

(a) On or before begin delete July 1, 2015, end delete begin insert December 31, 2015, end insert
the department shall take final action on an application for a
hazardous waste facilities permit submitted to the department by
a facility operating under a grant of interim status pursuant to
Section 25200.5 on or before January 1, 1986, by either issuing a
final permit pursuant to the application or a final denial of
application.

(b) Interim status granted pursuant to Section 25200.5 for a
facility described in subdivision (a) shall terminate on begin delete July 1, 2015, end delete
begin insert December 31, 2015, end insert or on the date on which the department takes
final action on the application for a hazardous waste facilities
permit, whichever is earlier.

(c) Except as begin delete proved end delete begin insert provided end insert in subdivision (b), interim status
granted for a facility before January 1, 2015, shall terminate on
January 1, 2020, or on the date on which the department takes final
action on the application for a hazardous waste facilities permit,
whichever is earlier.

(d) Interim status granted for a facility on or after January 1,
2015, shall terminate five years from the date on which the interim
status is granted or on the date on which the department takes final
action on the application for a hazardous waste facilities permit,
whichever is earlier.