Amended in Assembly June 24, 2014

Amended in Assembly June 12, 2014

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 Sections 25178, 25200, and 25200.1 of, to add Sections 25196.7, 25200.20, 25200.21, and 25200.22 to, and to add Article 8.8 (commencing with Section 25199.20) to Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 812, as amended, De León. Hazardous waste.

(1) Existing law requires begin delete the end delete facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of begin delete the end delete begin insert a end insert 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 application when requested by the department. Existing law requires the department to issue a permit if the facility meets specified requirements.

This bill 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. The bill would require the department to begin delete approve or deny the end delete begin insert issue a final permit decision for an end insert 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 begin delete approve or deny end delete begin insert issue a final permit decision for end insert the application within that time period. The bill would require the department, on or before January 1, 2016, to adopt regulations requiring financial bonds or other security for a hazardous waste facility, and establishing additional specified criteria to be used by the department in its permitting decisions.

(2) 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 begin delete took end delete begin insert takes end insert final action on the application for a permit, whichever is earlier.

(3) Existing law requires the department, on or before January 1 of each odd-numbered year, to post on its Internet Web site specified information.

This bill would add certain information that would need to be posted and would require that the information be translated into Spanish.

(4) Existing law authorizes the department to take enforcement actions for alleged violations of any law or regulations regulating hazardous waste.

This bill would require the department, as part of any enforcement action alleging a release of hazardous waste in violation of law, to contract with an independent 3rd party to conduct required testing to verify that the release of the hazardous waste has been abated and the site remediated.

(5) This bill would establish the Bureau of Internal Affairs within the department to investigate any complaint alleging departmental misconduct. The bill would further require the bureau to review policies, practices, and procedures of the department upon the request of the Governor, the Senate Committee on Rules, or the Speaker of the Assembly. The bill would establish the DTSC Citizen Oversight Committee within the department and require the committee to perform various duties, including, among other things, receiving complaints alleging departmental misconduct and referring allegations of departmental misconduct to the bureau, to the Criminal Investigation Division of the California Environmental Protection Agency, or to another entity, as appropriate.

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 25178 of the Health and Safety Code is
amended to read:

25178.  

On or before January 1 of each odd-numbered year, the
department shall post on its Internet Web site and translate into
Spanish, at a minimum, all of the following:

(a) The status of the regulatory and program developments
required pursuant to legislative mandates.

(b) The status of the hazardous waste facilities permit program
that shall include all of the following information:

(1) Complete copies of the final hazardous waste facilities permit
applications received.

(2) A searchable list and map of final hazardous waste facilities
permits issued to date.

(3) A searchable list and map of final hazardous waste facilities
permits yet to be issued.

(4) A complete description of the reasons why the final
hazardous waste facilities permits yet to be issued have not been
issued, including the department’s evaluation and findings of each
of the criteria listed in Section 25200.21 and its regulations as well
as any other criteria used by the department to evaluate the permit
application.

(5) A complete description of the findings supporting each final
hazardous waste facility permit granted by the department,
including the department’s evaluation and findings of each of the
criteria listed in Section 25200.21 and its regulations as well as
any other criteria used by the department to evaluate the permit
application.

(c) The status of the hazardous waste facilities siting program.

(d) The status of the hazardous waste abandoned sites program.

(e) A searchable list and map of enforcement actions taken by
the department pursuant to this chapter and any other actions
relating to hazardous waste management. The list and map shall
specify whether the violations have been corrected and include
links to inspection reports, final orders, and enforcement actions
taken by other agencies.

(f) Data and summaries for each permitted site regarding annual
quantities and types of hazardous waste generated, transported,
treated, stored, and disposed.

(g) Statewide data and summaries on annual quantities and types
of hazardous waste generated, transported, treated, stored, and
disposed.

(h) Data and summaries regarding onsite and offsite disposition
of hazardous waste.

(i) Research activity initiated by the department.

(j) Regulatory action by other agencies relating to hazardous
waste management.

(k) A revised listing of recyclable materials showing any
additions or deletions to the list prepared pursuant to Section 25175
that have occurred since the last report.

(l) Any other data considered pertinent by the department to
hazardous waste management.

(m) The information specified in subdivision (c) of Section
25161, paragraph (4) of subdivision (a) of Section 25197.1,
subdivision (c) of Section 25354, and Sections 25334.7, and
25356.5.

(n) A status report on the cleanup of the McColl Hazardous
Waste Disposal Site in Orange County.

SEC. 3.  

Section 25196.7 is added to the Health and Safety
Code, to read:

25196.7.  

As part of an enforcement action alleging a release
of hazardous waste in violation of this chapter taken by the
department, the department shall contract with an independent
third party to conduct any required testing to verify that the alleged
violation of this chapter has been abated and the site has been
remediated.

SEC. 4.  

Article 8.8 (commencing with Section 25199.20) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code,
to read:

 

Article 8.8.  Bureau of Internal Affairs

 

25199.20.  

(a) The Legislature finds and declares that there
exists a need for a Bureau of Internal Affairs with appropriately
trained personnel, who will perform their duties with honesty and
credibility and without conflicts of interest to oversee the
department.

(b) For the purposes of this article, “bureau” means the Bureau
of Internal Affairs established pursuant to subdivision (c).

(c) There is hereby established an independent Bureau of
Internal Affairs within the department to do all of the following:

(1) Determine when allegations of misconduct within the
department warrant an internal affairs investigation.

(2) Conduct complete, objective, and independent investigations
of alleged departmental misconduct.

(3) Complete all investigations in a timely and thorough manner.

(4) Report any and all findings to the department and to the
DTSC Citizen Oversight Committee established pursuant to Section
25199.21.

(d) To meet the objectives of this section, all of the following
shall occur:

(1) Before training any peace officer, who is selected to conduct
internal affairs investigations, the California Environmental
Protection Agency shall conduct a complete and thorough
background check of the peace officer. The background check
shall be in addition to the background screening required when
the person was hired as a peace officer. Each peace officer shall
satisfactorily pass the background check required by this paragraph
before his or her appointment to conduct internal investigations
pursuant to this section. A person who has been a subject of a
sustained, serious disciplinary action, including, but not limited
to, termination, suspension, or demotion, shall not pass the
background check.

(2) All internal affairs allegations or complaints, whether
investigated or not, shall be logged and numbered sequentially on
an annual basis. The log shall specify, but not be limited to, the
following information:

(A) The sequential number of the allegation or complaint.

(B) The date of receipt of the allegation or complaint.

(C) The location of the facility to which the allegation or
complaint pertains.

(D) The disposition of all actions taken, including any final
actions taken.

(3) The log established pursuant to paragraph (2) shall be made
available to the DTSC Citizen Oversight Committee and posted
on the department’s Internet Web site.

(4) The department shall not direct or influence, or attempt to
direct or influence, the investigation or the operations of the bureau.

(e) Consistent with the purposes of this section, the investigators
within the bureau shall conduct investigations and inquiries in a
manner that provides a complete and thorough presentation of the
facts regarding the allegation or complaint. All extenuating and
mitigating facts shall be explored and reported. All reports prepared
by the investigator shall provide a complete recitation of the facts.

(f) An uncorroborated or anonymous allegation shall not be the
sole basis for disciplinary action by the department, but may be a
basis for an investigation.

(g) All reports shall be submitted in a standard format, beginning
with a statement of the allegation or complaint, provide all relevant
facts, and include the investigator’s signature certifying that the
investigator has complied with applicable provisions.

(h) In addition to its duties specified in subdivision (c), the
bureau shall also do all of the following:

(1) Upon request by the Governor, the Senate Committee on
Rules, or the Speaker of the Assembly, the bureau shall review
the policies, practices, and procedures of the department. The
bureau may recommend that the Governor, the Senate Committee
on Rules, or the Speaker of the Assembly request a review of a
specific departmental policy, practice, or procedure that raises a
significant issue relevant to the effectiveness of the department.
When exigent circumstances of unsafe or life-threatening
conditions arise, the bureau may, by whatever means is most
expeditious, notify the Governor, the Senate Committee on Rules,
or the Speaker of the Assembly.

(2) Upon completion of a review, the bureau shall prepare a
complete written report that shall be made public. A copy of the
report shall be posted on the department’s Internet Web site.

(3) The bureau shall, during the course of the review, identify
areas of full and partial compliance or noncompliance with
departmental policies and procedures, specify deficiencies in the
completion of documentation of processes, and recommend
corrective actions, including, but not limited to, additional training,
additional policies, or changes in policies, as well as any other
findings or recommendations that the bureau deems appropriate.

(4) (A) The bureau shall issue regular reports, no less than
annually, to the Governor, the Legislature, and to the DTSC Citizen
Oversight Committee established pursuant to Section 25199.21
summarizing its recommendations concerning its investigations
into allegations of departmental misconduct.

(B) The report submitted to the Legislature pursuant to
subparagraph (A) shall be submitted in compliance with Section
9795 of the Government Code.

(C) (i) The report required pursuant to this paragraph shall
include, but not be limited to, all of the following:

(I) Data on the number, type, and disposition of complaints
made against the department.

(II) A synopsis of each matter reviewed by the bureau.

(III) A summary of the bureau’s recommendations regarding
the disposition in the case and the level of discipline imposed, and
the degree to which the department agrees with the bureau’s
recommendations regarding the disposition and level of discipline.

(IV) The extent to which any discipline was modified after
imposition.

begin delete

(i)

end delete

begin insert (ii) end insert  The report shall be posted on the department’s Internet Web
site and otherwise made available to the public upon their release
to the Governor, the Legislature, and DTSC Citizen Oversight
Committee.

begin delete

(ii)

end delete

begin insert (iii) end insert  The Secretary for Environmental Protection shall appoint
the director of the bureau who shall oversee and administer the
bureau.

25199.21.  

(a) There is hereby established in the department,
the DTSC Citizen Oversight Committee composed of 13 members
representing California residents affected by hazardous waste. The
committee members shall not include representatives from the
department or an entity regulated by the department pursuant to
this chapter.

(b) Members of the committees shall be appointed as follows:

(1) Five members appointed by the Governor.

(2) Four members appointed by the Senate Committee on Rules.

(3) Four members appointed by the Speaker of the Assembly.

(c) Members of the committee shall serve at the pleasure of
their appointing authority.

(d) The committee shall do all of the following:

(1) Receive allegations of departmental misconduct from
members of the public.

(2) Refer allegation of misconduct to the Criminal Investigation
Division of the California Environmental Protection Agency or
the bureau, as appropriate.

(3) Make recommendations for changes in policies, procedures,
and standards of the department to increase public participation
in, and the transparency of, the department’s decisionmaking
process.

(4) Serve as a resource and liaison for communities and residents
in communication with the department.

(5) Review and make public any reports received from the
bureau.

(e) The department shall not direct or influence, or attempt to
direct or influence, the operation of the committee.

(f) The department shall provide the committee with appropriate
per diem compensation consistent with Section 19822.5 of the
Government Code.

25199.23.  

Any information exempted from public disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) or any other law shall not be disclosed to the
public in a report or other document required by this article to be
made public.

SEC. 5.  

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 complete Part A and Part
B applications for a permit renewal at least two years prior to the
expiration date of the permit. 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 begin delete the owner or operator has exhausted end delete all applicable
rights of begin delete appeal. end delete begin insert appeal have been exhausted. end insert

(D) (i) The department shall begin delete approve or deny the application end delete
begin insert issue a final permit end insert begin insert decision end insert 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 begin delete act end delete begin insert issue a final permit decision end insert 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 begin delete approve or deny end delete begin insert issue a final permit decision for end insert
the application on or before January 1, 2018. An application for
permit renewal is deemed denied if the department fails to begin delete act end delete begin insert issue
a final permit decision end insert on or before January 1, 2018.

begin insert

(iii) This subparagraph does not apply to applications for
post-closure permits.

end insert

(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 begin delete assure end delete begin insert ensure end insert 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 begin delete any end delete begin insert an end insert 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. 6.  

Section 25200.1 of the Health and Safety Code is
amended to read:

25200.1.  

(a) Notwithstanding Section 25200, the department
shall not issue a hazardous waste facility permit to a facility which
commences operation on or after January 1, 1987, unless the
department determines that the facility operator is in compliance
with regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of
the operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.

(b) (1) On or before January 1, 2016, the department shall adopt
regulations requiring a financial bond or other security with respect
to the nature and scope of the activity authorized and with respect
to any potential risk or injury to human health or the environment
from a person or entity that applies for a hazardous waste facilities
permit pursuant to this article.

(2) The department shall determine the manner in which, and
the condition under which, any security that is deposited pursuant
to regulations adopted pursuant to this subdivision may be forfeited
or returned, in whole or in part.

(3) Regulations adopted pursuant to this subdivision do not
apply to governmental entities.

SEC. 7.  

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.

SEC. 8.  

Section 25200.21 is added to the Health and Safety
Code, to read:

25200.21.  

On or before January 1, 2016, the department shall
adopt regulations establishing additional criteria that the department
shall use to determine whether to issue a new permit or a renewal
of a permit pursuant to this article. These criteria shall include, but
are not limited to, all of the following:

(a) Number and types of past violations that will result in a
denial.

(b) The vulnerability of, and existing health risks to, nearby
populations. Vulnerability shall be assessed using the
CalEnviroScreen tool, local and regional health risk assessments,
the region’s federal Clean Air Act attainment status, and other
indicators of community vulnerability, cumulative impact, and
potential risks to health and well being.

(c) Minimum setback distances from sensitive receptors, such
as schools, childcare facilities, residences, hospitals, elder care
facilities, and other sensitive locations.

(d) Certification, supported by substantial evidence, by the
owner or operator that the facility sought to be permitted uses the
least hazardous materials, production formulations, and production
processes reasonably available, when appropriate.

(e) Certified by substantial evidence by the owner or operator
that it has employed all technically feasible, economically
practicable source reduction, as defined in Section 25244.14, when
appropriate.

(f) Evidence of financial responsibility, qualifications of
ownership, and continuity of ownership and operation.

(g) Provision of financial assurances pursuant to Section
25200.1.

(h) Training of personnel, safety culture and plans, emergency
plans, and maintenance of operations.

(i) Consistent compliance with established standards.

SEC. 9.  

Section 25200.22 is added to the Health and Safety
Code, to read:

25200.22.  

The department shall provide a public notice and
comment period before the preparation and adoption of a draft
permit. The department shall consider and respond to all public
comments received before preparing and adopting a draft permit.