Amended in Senate January 17, 2014

Amended in Senate January 6, 2014

Senate Bill No. 812

Introduced by Senator De León

February 22, 2013

An act to amend Section 25200 of, and to add Section 25200.20 to, the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 812, as amended, De León. Hazardous waste: facilities permitting.

Existing 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 begin delete of the end delete application when requested by the department.

This bill begin delete 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. end delete begin insert would instead require the owner or operator of a facility to submit complete Part A and Part B applications for a permit renewal at least 2 years prior to the expiration date of the permit. end insert 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.

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 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.

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) The mission of the Department of Toxic Substances Control,
as noted in its mission statement, is “to protect California’s people
and environment from harmful effects of toxic substances through
the restoration of contaminated resources, enforcement, regulation
and pollution prevention.”

(2) In an effort to protect the public health and minimize
environmental impacts, the state requires that each hazardous waste
management facility that treats, stores, handles, or disposes of
hazardous waste obtain a permit or other authorization from the
department.

(3) Currently, the department regulates 117 facilities across the
state that store, treat, or dispose of hazardous waste. Of these
facilities, nearly a quarter are operating on permits whose original
expiration dates have passed.

(4) One facility operated by Exide Technologies in Vernon,
California has been allowed to operate on an interim permit for
over 30 years, regardless of its repeated violations of environmental
and public health standards.

(5) Unfortunately, many communities continue to suffer with
toxic emissions and releases with limited protection from our
current hazardous waste management regulatory system.

(6) The longstanding problems at the Exide Technologies facility
are only the most recent examples of the system’s failures.

(b) It is the intent of the Legislature to strengthen our hazardous
waste management regulatory system to better protect vulnerable
communities and residents from toxic pollution by addressing
loopholes in the permitting system.

SEC. 2.  

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) 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.

(B) The owner or operator of a facility intending to extend the
term of the facility’s permit shall submit begin delete a end delete complete Part A and
Part B begin delete application end delete begin insert applications end insert for a permit renewal begin delete before the
fixed term of the permit expires. end delete begin insert at least 2 years prior to the
expiration date of the permit. end insert Any other relevant information shall
be submitted as and when requested by the department.

(C) To the extent not inconsistent with the federal act, for an
owner or operator in compliance with subparagraph (B), the permit
is deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable
rights of appeal.

(D) (i) The department shall approve or deny the application
for permit renewal for a facility within 36 months following the
expiration of the permit’s fixed term. An application for permit
renewal is deemed denied if the department fails to act within 36
months following the expiration of the permit’s fixed term.

(ii) Notwithstanding clause (i), for a facility with a permit that
expired on or before January 1, 2015, and for which an application
for permit renewal had been submitted before January 1, 2015, the
department shall approve or deny the application on or before
January 1, 2018. An application for permit renewal is deemed
denied if the department fails to act on or before January 1, 2018.

(E) This section does not limit or restrict the department’s
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and
the environment.

(F) In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification
procedures specified in this chapter and the regulations adopted
pursuant to this chapter.

(G) When prioritizing pending renewal applications for
processing and in determining the need for any new conditions on
an extended permit, the department shall consider any input
received from the public.

(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, modifying, or revoking a permit at any time during its
term.

(d) (1) 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.

(2) Each permit issued or renewed under this section shall
contain the terms and conditions that the department determines
necessary to protect human health and the environment.

(e) A 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. 3.  

Section 25200.20 is added to the Health and Safety
Code, to read:

25200.20.  

Interim status granted for a facility pursuant to
Section 25200.5 on or after January 1, 2015, shall terminate five
years from the date the interim status is granted or on the date the
department takes final action on the application for a hazardous
waste facilities permit, whichever is earlier.