SB 812, as amended, De León. Hazardous waste: facilities permitting.
begin insertExisting law requires the facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of the facility intending to renew the facility’s permit to submit a complete Part A application for a permit renewal prior to the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B of the application when requested by the department.
end insertbegin insertThis bill would require the owner or operator intending to renew the facility’s permit to submit a complete Part B application prior to the expiration of the permit. The bill would require the department to approve or deny the application for permit renewal within 36 months of the expiration of the facility’s permit. The bill would deem an application for permit renewal be denied if the department fails to approve or deny the application within that time period.
end insertbegin insertExisting 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.
end insertbegin insertThis bill would provide that interim status granted on or after January 1, 2015, terminates 5 years from the date the interim status is granted or on the date the department took final action on the application for a permit, whichever is earlier.
end insertExisting law requires hazardous waste facilities to operate under hazardous waste facilities permits or grants of authorization issued by the Department of Toxic Substances Control. Existing law establishes procedures for a land use decision by a local agency concerning a hazardous waste facility project, as defined. The department is required to review for completeness each application for a hazardous waste facilities permit and to notify the applicant within 30 days of receipt whether the application is complete.
end deleteThis bill would increase to 60 days the time in which the department is required to make that notification to an applicant.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) The mission of the Department of Toxic Substances Control,
4as noted in its mission statement, is “to protect California’s people
5and environment from harmful effects of toxic substances through
6the restoration of contaminated resources, enforcement, regulation
7and pollution prevention.”
8(2) In an effort to protect the public health and minimize
9environmental impacts, the state requires that each hazardous
10waste management facility that
treats, stores, handles, or disposes
11of hazardous waste obtain a permit or other authorization from
12the department.
13(3) Currently, the department regulates 117 facilities across
14the state that store, treat, or dispose of hazardous waste. Of these
15facilities, nearly a quarter are operating on permits whose original
16expiration dates have passed.
17(4) One facility operated by Exide Technologies in Vernon,
18California has been allowed to operate on an interim permit for
19over 30 years, regardless of its repeated violations of
20environmental and public health standards.
P3 1(5) Unfortunately, many communities continue to suffer with
2toxic emissions and releases with limited protection from our
3current hazardous waste management regulatory system.
4(6) The
longstanding problems at the Exide Technologies facility
5are only the most recent examples of the system’s failures.
6(b) It is the intent of the Legislature to strengthen our hazardous
7waste management regulatory system to better protect vulnerable
8communities and residents from toxic pollution by addressing
9loopholes in the permitting system.
begin insertSection 25200 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert
(a) The department shall issue hazardous waste
13facilities permits to use and operate one or more hazardous waste
14management units at a facility that in the judgment of the
15department meet the building standards published in the State
16Building Standards Code relating to hazardous waste facilities and
17the other standards and requirements adopted pursuant to this
18chapter. The department shall impose conditions on each hazardous
19waste facilities permit specifying the types of hazardous wastes
20that may be accepted for transfer, storage, treatment, or disposal.
21The department may impose any other conditions on a hazardous
22waste facilities permit that are consistent with the intent of this
23chapter.
24(b) The department may impose, as
a condition of a hazardous
25waste facilities permit, a requirement that the owner or operator
26of a hazardous waste facility that receives hazardous waste from
27more than one producer comply with any order of the director that
28prohibits the facility operator from refusing to accept a hazardous
29waste based on geographical origin that is authorized to be accepted
30and may be accepted by the facility without extraordinary hazard.
31(c) (1) (A) begin deleteAny end deletebegin insertA end inserthazardous waste facilities permit issued by
32the department shall be for a fixed term, which shall not exceed
3310 years for any land disposal facility, storage facility, incinerator,
34or other treatment facility.
35(B) begin deleteBefore the fixed term of a permit expires, the end deletebegin insertThe end insertowner or
36operator of a facility intending to extend the term of the facility’s
37permit shall submit a complete Part Abegin insert and Part Bend insert application for
38a permitbegin delete renewal. At any time following the submittal of the Part
39A application, the owner or operator of a facility shall submit a
40complete Part B application, or any portion thereof, as well as anyend delete
P4 1begin insert renewal before the fixed term of the permit expires. Anyend insert other
2relevantbegin delete information,end deletebegin insert
information shall be submittedend insert as and when
3requested by the department.begin delete To the extent not inconsistent with
4the federal act, when a complete Part A renewal application, and
5any other requested information, has been submitted before the
6end of the permit’s fixed term, the permit is deemed extended until
7the renewal application is approved or denied and the owner or
8operator has exhausted all applicable rights of appeal.end delete
9(C) To the extent not inconsistent with the federal act, for an
10owner or operator in compliance with subparagraph (B), the permit
11is deemed extended until the renewal application is approved or
12denied and the owner or operator has exhausted all applicable
13rights of appeal.
14(D) (i) The department shall approve or deny the application
15for permit renewal for a facility within 36 months following the
16expiration of the permit’s fixed term. An application for permit
17renewal is deemed denied if the department fails to act within 36
18months following the expiration of the permit’s fixed term.
19(ii) Notwithstanding clause (i), for a facility with a permit that
20expired on or before January 1, 2015, and for which an application
21for permit renewal had been submitted before January 1, 2015,
22the department shall approve or deny the application on or before
23January 1, 2018. An application for permit renewal is deemed
24denied if the department fails to act on or before January 1, 2018.
25(C)
end delete
26begin insert(E)end insert This section does not limit or restrict the department’s
27authority to impose any additional or different conditions on an
28extended permit that are necessary to protect human health and
29the environment.
30(D)
end delete
31begin insert(F)end insert In adopting new conditions for an extended permit, the
32department shall follow the applicable permit modification
33procedures specified in this chapter and the regulations adopted
34pursuant to this chapter.
35(E)
end delete
36begin insert(G)end insert When prioritizing pending renewal applications for
37processing and in determining the need for any new conditions on
38an extended permit, the department shall consider any input
39received from the public.
P5 1(2) The department shall review each hazardous waste facilities
2permit for a land disposal facility five years after the date of
3issuance or reissuance, and shall modify the permit, as necessary,
4to assure that the facility continues to comply with the currently
5applicable requirements of this chapter and the regulations adopted
6pursuant to this chapter.
7(3) This subdivision does not prohibit the department from
8reviewing, modifying, or revoking a permit at any time during its
9term.
10(d) (1) When reviewing any application for a permit renewal,
11the department shall consider improvements in the state of control
12and measurement technology as well as changes in applicable
13regulations.
14(2) Each permit issued or renewed under this section shall
15contain the terms and conditions that the department determines
16necessary to protect human health and the environment.
17(e) A permit issued pursuant to the federal act by the
18Environmental Protection Agency in the state for which no state
19hazardous waste facilities permit has been issued shall be deemed
20to be a state permit enforceable by the department until a state
21permit is issued. In addition to complying with the terms and
22conditions specified in a federal permit deemed to be a state permit
23pursuant to this section, an owner or operator
who holds that permit
24shall comply with the requirements of this chapter and the
25regulations adopted by the department to implement this chapter.
begin insertSection 25200.20 is added to the end insertbegin insertHealth and Safety
27Codeend insertbegin insert, to read:end insert
Interim status granted for a facility pursuant to
29Section 25200.5 on or after January 1, 2015, shall terminate five
30years from the date the interim status is granted or on the date the
31department takes final action on the application for a hazardous
32waste facilities permit, whichever is earlier.
Section 25199.6 of the Health and Safety Code
34 is amended to read:
(a) Section 65943 of the Government Code does not
36apply to the department’s review of applications for a hazardous
37waste facilities permit. The department shall review for
38completeness each application for a hazardous waste facilities
39permit and notify the applicant in writing whether the application
40is complete within 60 days from the date of receipt. If the
P6 1application is incomplete, the department shall require the applicant
2to provide the information necessary to make the application
3complete. An application is not deemed to be complete until the
4department notifies the applicant that the
application is complete.
5After an application is determined to be complete, the department
6may request additional information only when necessary to clarify,
7modify, or supplement previously submitted material.
8(b) Notwithstanding Section 65952 of the Government Code,
9any public agency that is a responsible agency for a hazardous
10waste facility project that is a land disposal facility shall approve
11or disapprove the project within one of the following periods of
12time, whichever is longer:
13(1) Within one year from the date on which the lead agency
14approved or disapproved the project.
15(2) Within one year from the date on which the completed
16application for the project has been received, and accepted as
17complete, by that responsible agency.
18(c) Notwithstanding Section 65952 of the Government Code
19and Section 25199.2, any public agency that is a responsible agency
20for a hazardous waste facility project that is not a land disposal
21facility shall approve or disapprove the project within one of the
22following periods of time, whichever is longer:
23(1) Within 180 days from the date on which the lead agency
24approved or disapproved the project.
25(2) Within 180 days from the date on which the completed
26application for the project has been received, and accepted as
27complete, by that responsible agency.
28(d) Subdivision (b) of Section 65956 of the Government Code
29does not apply to the failure of a lead agency or responsible agency
30to approve or disapprove a permit for a hazardous waste facility
31project within the time limits established by Sections 65950
and
3265952 of the Government Code and subdivisions (b) and (c) of
33this section. If a lead agency or a responsible agency fails to act
34within those time limits, the applicant may file an action pursuant
35to Section 1085 of the Code of Civil Procedure to compel the
36agency to approve or disapprove the permit for the project within
37a reasonable time, as the court may determine.
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