Amended in Assembly August 22, 2014

Amended in Assembly August 18, 2014

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, begin delete 25200, and 25200.1 end delete begin insert 25187, 25187.2, 25200, 25360, and 25360.1 end insert of, to add Sections begin delete 25196.7, 25200.20, end delete 25200.21, begin delete and 25200.22 end delete begin insert 25200.22, 25205.5, and 25246.1 end insert to, and to add begin insert and repeal end insert Article 8.8 (commencing with Section 25199.20) begin delete to end delete begin insert of end insert 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 facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of a 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 issue a final permit decision for an 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 begin delete the department fails to issue end delete a final permit decision begin insert has not been issued end insert for the application within that time period. begin delete 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. end delete

begin delete

(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.

end delete begin delete

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 takes final action on the application for a permit, whichever is earlier.

end delete begin insert

(2) Existing law requires the department, in the case of a release of hazardous waste or constituents into the environment from a hazardous waste facility that is required to obtain a permit, to pursue available remedies, including the issuance of an order for corrective action, before using available legal remedies, except in specified circumstances.

end insert begin insert

This bill would repeal the above requirements and would instead require the department, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified. The bill would require the owner or operator to submit the corrective action cost estimate within 60 days of the department’s request. The bill would require the owner or operator, within 90 days of the approval of the corrective action cost estimate, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action.

end insert

(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.

begin delete

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

end delete begin delete

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.

end delete begin insert

(4) Existing law authorizes the Department of Toxic Substances Control to issue an order under the hazardous waste control laws requiring that a violation be corrected and imposing a civil penalty to specified persons, including a person who has violated various provisions regulating hazardous waste or provisions concerning removal and remedial actions for hazardous substance releases. A person who is issued that order is required to pay for oversight of the removal or remedial action.

end insert begin insert

Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, authorizes the department to take or oversee removal and remedial actions related to the release of hazardous substances. Existing law authorizes the Attorney General to recover from the liable person, as defined, the costs incurred by the department or a California regional water quality control board in carrying out the act and requires that any monetary obligation owed to the department pursuant to the act or the hazardous waste control laws be subject to a specified rate of interest earned in the Surplus Money Investment Fund.

end insert begin insert

This bill would require a person to pay for oversight of any corrective action required of the person with respect to hazardous waste, and would authorize the recovery by the Attorney General of costs incurred with regard to carrying out or overseeing a removal action, a remedial action, or a corrective action under the act or under the hazardous waste control laws. The bill would require any monetary obligation owed to the department under the act or these laws to accrue interest at the same rate as the modified adjusted rate per annum imposed for underpayments of sales and use taxes to the state.

end insert

(5) This bill begin delete 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 end delete would establish begin insert , until January 1, 2020, end insert the DTSC begin delete Citizen end delete begin insert Community end insert Oversight Committee within the department and require the committee to begin delete 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. end delete begin insert make recommendations to the department to increase public participation in, and the transparency of, the department’s decisionmaking, and to serve as a resource and liaison for communities and residents in communication with the department. The bill would require the department, by July 1, 2017, to develop and implement programmatic reforms designed to improve the protectiveness, timeliness, legal defensibility, and enforceability of the department’s permitting program. 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) 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 from
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 begin delete addressing
loopholes in end delete begin insert improving end insert 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, 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
begin delete 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. end delete begin insert issued. end insert

(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 begin delete corrected and include
links to inspection reports, final orders, and enforcement actions
taken by other agencies. end delete begin insert corrected. end insert

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

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

(h)  begin delete Data and summaries end delete begin insert Summary data end insert 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 25187 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25187.  

(a) (1) The department or a unified program agency,
in accordance with subdivision (l), may issue an order requiring
that the violation be corrected and imposing an administrative
penalty, for any violation of this chapter or any permit, rule,
regulation, standard, or requirement issued or adopted pursuant to
this chapter, whenever the department or Unified Program Agency
determines that a person has violated, is in violation of, or
threatens, as defined in subdivision (e) of Section 13304 of the
Water Code, to violate, this chapter or Chapter 6.8 (commencing
with Section 25300), or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter or Chapter
6.8 (commencing with Section 25300).

(2) In an order proposing a penalty pursuant to this section, the
department or Unified Program Agency shall take into
consideration the nature, circumstances, extent, and gravity of the
violation, the violator’s past and present efforts to prevent, abate,
or clean up conditions posing a threat to the public health or safety
or the environment, the violator’s ability to pay the proposed
penalty, and the prophylactic effect that the imposition of the
proposed penalty would have on both the violator and the regulated
community as a whole.

(b) The department or a unified program agency, in accordance
with subdivision (l), may issue an order requiring corrective action
whenever the department or Unified Program Agency determines
that there is or has been a release, as defined in Chapter 6.8
(commencing with Section 25300), of hazardous waste or
constituents into the environment from a hazardous waste facility.

begin delete

(1) In the case of a release of hazardous waste or constituents
into the environment from a hazardous waste facility that is
required to obtain a permit pursuant to Article 9 (commencing
with Section 25200), the department shall pursue the remedies
available under this chapter, including the issuance of an order for
corrective action pursuant to this section, before using the legal
remedies available pursuant to Chapter 6.8 (commencing with
Section 25300), except in any of the following circumstances:

(A) If the person who is responsible for the release voluntarily
requests in writing that the department issue an order to that person
to take corrective action pursuant to Chapter 6.8 (commencing
with Section 25300).

(B) If the person who is responsible for the release is unable to
pay for the cost of corrective action to address the release. For
purposes of this subparagraph, the inability of a person to pay for
the cost of corrective action shall be determined in accordance
with the policies of the Environmental Protection Agency for the
implementation of Section 9605 of Title 42 of the United States
Code.

(C) If the person responsible for the release is unwilling to
perform corrective action to address the release. For purposes of
this subparagraph, the unwillingness of a person to take corrective
action shall be determined in accordance with the policies of the
Environmental Protection Agency for the implementation of
Section 9605 of Title 42 of the United States Code.

(D) If the release is part of a regional or multisite groundwater
contamination problem that cannot, in its entirety, be addressed
using the legal remedies available pursuant to this chapter and for
which other releases that are part of the regional or multisite
groundwater contamination problem are being addressed using
the legal remedies available pursuant to Chapter 6.8 (commencing
with Section 25300).

(E) If an order for corrective action has already been issued
against the person responsible for the release, or the department
and the person responsible for the release have, prior to January
1, 1996, entered into an agreement to address the required cleanup
of the release pursuant to Chapter 6.8 (commencing with Section
25300).

(F) If the hazardous waste facility is owned or operated by the
federal government.

(2)

end delete

begin insert (1) end insert  The order shall include a requirement that the person take
corrective action with respect to the release of hazardous waste or
constituents, abate the effects thereof, and take any other necessary
remedial action.

begin delete

(3)

end delete

begin insert (2) end insert  If the order requires corrective action at a hazardous waste
facility, the order shall require that corrective action be taken
beyond the facility boundary, where necessary to protect human
health or the environment.

begin delete

(4)

end delete

begin insert (3) end insert  The order shall incorporate, as a condition of the order, any
applicable waste discharge requirements issued by the State Water
Resources Control Board or a California regional water quality
control board, and shall be consistent with all applicable water
quality control plans adopted pursuant to Section 13170 of the
Water Code and Article 3 (commencing with Section 13240) of
Chapter 4 of Division 7 of the Water Code and state policies for
water quality control adopted pursuant to Article 3 (commencing
with Section 13140) of Chapter 3 of Division 7 of the Water Code
existing at the time of the issuance of the order, to the extent that
the department or Unified Program Agency determines that those
plans and policies are not less stringent than this chapter and
regulations adopted pursuant to this chapter. The order may include
any more stringent requirement that the department or Unified
Program Agency determines is necessary or appropriate to protect
water quality.

begin delete

(5)

end delete

begin insert (4) end insert  Persons who are subject to an order pursuant to this
subdivision include present and prior owners, lessees, or operators
of the property where the hazardous waste is located, present or
past generators, storers, treaters, transporters, disposers, and
handlers of hazardous waste, and persons who arrange, or have
arranged, by contract or other agreement, to store, treat, transport,
dispose of, or otherwise handle hazardous waste.

begin delete

(6)

end delete

begin insert (5) end insert  For purposes of this subdivision, “hazardous waste facility”
includes the entire site that is under the control of an owner or
operator engaged in the management of hazardous waste.

(c) Any order issued pursuant to this section shall be served by
personal service or certified mail and shall inform the person so
served of the right to a hearing. If the Unified Program Agency
issues the order pursuant to this section, the order shall state
whether the hearing procedure specified in paragraph (2) of
subdivision (f) may be requested by the person receiving the order.

(d) Any person served with an order pursuant to this section
who has been unable to resolve any violation or deficiency on an
informal basis with the department or Unified Program Agency
may, within 15 days after service of the order, request a hearing
pursuant to subdivision (e) or (f) by filing with the department or
Unified Program Agency a notice of defense. The notice shall be
filed with the office that issued the order. A notice of defense shall
be deemed filed within the 15-day period provided by this
subdivision if it is postmarked within that 15-day period. If no
notice of defense is filed within the time limits provided by this
subdivision, the order shall become final.

(e) Any hearing requested on an order issued by the department
shall be conducted within 90 days after receipt of the notice of
defense by an administrative law judge of the Office of
Administrative Hearings of the Department of General Services
in accordance with Chapter 4.5 (commencing with Section 11400)
of Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the authority granted to an agency by
those provisions.

(f) Except as provided in subparagraph (B) of paragraph (2), a
person requesting a hearing on an order issued by a unified program
agency may select the hearing process specified in either paragraph
(1) or (2) in the notice of defense filed with the Unified Program
Agency pursuant to subdivision (d). Within 90 days of receipt of
the notice of defense by the Unified Program Agency, the hearing
shall be conducted using one of the following procedures:

(1) An administrative law judge of the Office of Administrative
Hearings of the Department of General Services shall conduct the
hearing in accordance with Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) (A) A hearing officer designated by the Unified Program
Agency shall conduct the hearing in accordance with Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title
2 of the Government Code, and the Unified Program Agency shall
have all the authority granted to an agency by those provisions.
When a hearing is conducted by a unified program agency pursuant
to this paragraph, the Unified Program Agency shall, within 60
days of the hearing, issue a decision.

(B) A person requesting a hearing on an order issued by a unified
program agency may select the hearing process specified in this
paragraph in a notice of defense filed pursuant to subdivision (d)
only if the Unified Program Agency has, as of the date the order
is issued pursuant to subdivision (c), selected a designated hearing
officer and established a program for conducting a hearing in
accordance with this paragraph.

(g) The hearing decision issued pursuant to subdivision (f) shall
be effective and final upon issuance. Copies of the decision shall
be served by personal service or by certified mail upon the party
served with the order and upon other persons who appeared at the
hearing and requested a copy.

(h) Any provision of an order issued under this section, except
the imposition of an administrative penalty, shall take effect upon
issuance by the department or Unified Program Agency if the
department or Unified Program Agency finds that the violation or
violations of law associated with that provision may pose an
imminent and substantial endangerment to the public health or
safety or the environment, and a request for a hearing shall not
stay the effect of that provision of the order pending a hearing
decision. However, if the department or Unified Program Agency
determines that any or all provisions of the order are so related
that the public health or safety or the environment can be protected
only by immediate compliance with the order as a whole, then the
order as a whole, except the imposition of an administrative
penalty, shall take effect upon issuance by the department or
Unified Program Agency. A request for a hearing shall not stay
the effect of the order as a whole pending a hearing decision.

(i) A decision issued pursuant to this section may be reviewed
by the court pursuant to Section 11523 of the Government Code.
In all proceedings pursuant to this section, the court shall uphold
the decision of the department or Unified Program Agency if the
decision is based upon substantial evidence in the whole record.
The filing of a petition for writ of mandate shall not stay any action
required pursuant to this chapter or the accrual of any penalties
assessed pursuant to this chapter. This subdivision does not prohibit
the court from granting any appropriate relief within its jurisdiction.

(j) (1) All administrative penalties collected from actions
brought by the department pursuant to this section shall be placed
in a separate subaccount in the Toxic Substances Control Account
and shall be available only for transfer to the Site Remediation
Account or the Expedited Site Remediation Trust Fund and for
expenditure by the department upon appropriation by the
Legislature.

(2) The administrative penalties collected from an action brought
by the department pursuant to Sections 25214.3, 25214.22.1,
25215.7, in accordance with this section, shall be deposited in the
Toxic Substances Control Account, for expenditure by the
department for implementation and enforcement activities, upon
appropriation by the Legislature, pursuant to Section 25173.6.

(k) All administrative penalties collected from an action brought
by a unified program agency pursuant to this section shall be paid
to the Unified Program Agency that imposed the penalty, and shall
be deposited into a special account that shall be expended to fund
the activities of the Unified Program Agency in enforcing this
chapter pursuant to Section 25180.

(l) The authority granted under this section to a unified program
agency is limited to both of the following:

(1) The issuance of orders to impose penalties and to correct
violations of the requirements of this chapter and its implementing
regulations, only when the violations are violations of requirements
applicable to hazardous waste generators and persons operating
pursuant to a permit-by-rule, conditional authorization, or
conditional exemption, when the violations occur at a unified
program facility within the jurisdiction of the CUPA.

(2) The issuance of orders to require corrective action when
there has been a release of hazardous waste or constituents only
when the Unified Program Agency is authorized to do so pursuant
to Section 25404.1.

(m) The CUPA shall annually submit a summary report to the
department on the status of orders issued by the unified program
agencies under this section and Section 25187.1.

(n) The CUPA shall consult with the district attorney for the
county on the development of policies to be followed in exercising
the authority delegated pursuant to this section and Section
25187.1, as they relate to the authority of unified program agencies
to issue orders.

(o) The CUPA shall arrange to have appropriate legal
representation in administrative hearings that are conducted by an
administrative law judge of the Office of Administrative Hearings
of the Department of General Services, and when a decision issued
pursuant to this section is appealed to the superior court.

(p) The department may adopt regulations to implement this
section and paragraph (2) of subdivision (a) of Section 25187.1 as
they relate to the authority of unified program agencies to issue
orders. The regulations shall include, but not be limited to, all of
the following requirements:

(1) Provisions to ensure coordinated and consistent application
of this section and Section 25187.1 when both the department and
the Unified Program Agency have or will be issuing orders under
one or both of these sections at the same facility.

(2) Provisions to ensure that the enforcement authority granted
to the unified program agencies will be exercised consistently
throughout the state.

(3) Minimum training requirements for staff of the Unified
Program Agency relative to this section and Section 25187.1.

(4) Procedures to be followed by the department to rescind the
authority granted to a unified program agency under this section
and Section 25187.1, if the department finds that the Unified
Program Agency is not exercising that authority in a manner
consistent with this chapter and Chapter 6.11 (commencing with
Section 25404) and the regulations adopted pursuant thereto.

(q) Except for an enforcement action taken pursuant to this
chapter or Chapter 6.8 (commencing with Section 25300), this
section does not otherwise affect the authority of a local agency
to take any action under any other provision of law.

begin delete

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.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 25187.2 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25187.2.  

If a begin delete removal or remedial action order issued pursuant
to Section 25187 to a potentially responsible party requires a end delete person
begin insert is required end insert to take corrective action with respect to hazardous
waste, that person shall pay for oversight of the begin delete removal or
remedial end delete begin insert corrective end insert action. This section does not prohibit the
department or unified program agency from assessing any other
penalty or recovering any costs for oversight of a removal or
remedial action, pursuant to any other provision. Nothing in this
section limits the due process requirements of Section 25187.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.  begin delete Bureau of Internal Affairs end delete begin insert DTSC Community
Oversight Committee end insert

 

begin delete

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 hiring or training any staff member who is selected
to conduct internal affairs investigations, the California
Environmental Protection Agency shall conduct a complete and
thorough background check of the staff member. Each staff
member 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.

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

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

end delete

begin delete 25199.21. end delete
begin insert 25199.20. end insert   

(a) There is hereby established in the department,
the DTSC begin delete Citizen end delete begin insert Community end insert 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 begin delete Governor. end delete begin insert Secretary for
Environmental Protection. end insert

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

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

(c)  begin delete Members end delete begin insert Each member end insert of the committee shall serve at the
pleasure of begin delete their end delete begin insert his or her end insert appointing authority.

begin insert

(d) Beginning March 1, 2015, the committee shall meet at least
three times during that year, then quarterly beginning in the 2016
calendar year.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The committee shall do begin delete all end delete begin insert both end insert of the following:

begin delete

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

end delete begin delete

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

end delete begin delete

(3)

end delete

begin insert (1) end insert  Make recommendations for changes in policies, procedures,
and standards of the department to increase public participation
in, and the transparency of, the department’s begin delete decisionmaking
process. end delete begin insert decisionmaking, including providing input to the director
on ways to improve the department’s permitting of hazardous
waste facilities and enforcement actions, particularly with regards
to public participation and in communities identified pursuant to
Section 39711 that are burdened by multiple sources of pollution. end insert

begin delete

(4)

end delete

begin insert (2) end insert  Serve as a resource and liaison for communities and residents
in communication with the begin delete department. end delete begin insert department, including
reviewing the department’s current efforts and providing input to
the director on ways to improve the department’s outreach to, and
communication with, communities and stakeholders, to increase
public participation in, and the transparency of, the department’s
permitting process. end insert

begin delete

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

end delete begin delete

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

end delete

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

begin delete

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.

end delete begin insert

begin insert 25199.21. end insert   

This article shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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 all applicable rights of appeal have been exhausted.

(D) (i) The department shall issue a final permit decision 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 begin delete the department fails to issue end delete a final
permit decision begin insert has not been issued 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 issue a final permit decision for the application
on or before January 1, 2018. An application for permit renewal
is deemed denied if begin delete the department fails to issue end delete a final permit
decision begin insert has not been issued end insert on or before January 1, 2018.

(iii) This subparagraph does not apply to applications for
postclosure permits.

(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 ensure 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 an 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.

begin delete

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.

end delete

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

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

25200.21.  

On or before January 1, begin delete 2016, end delete begin insert 2017, end insert 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.

begin delete

(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) Certification 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)

end delete

begin insert (d) end insert  Evidence of financial responsibility, qualifications of
ownership, and continuity of ownership and operation.

begin delete

(g)

end delete

begin insert (e) end insert  Provision of financial assurances pursuant to Section
25200.1.

begin delete

(h)

end delete

begin insert (f) end insert  Training of personnel in the safety culture and plans,
emergency plans, and maintenance of operations.

begin delete

(i) Consistent compliance with established standards.

end delete

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

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 a draft permit.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 25205.5 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25205.5. end insert   

On or before July 1, 2017, the department shall
develop and implement programmatic reforms designed to improve
the protectiveness, timeliness, legal defensibility, and enforceability
of the department’s permitting program, including strengthening
environmental justice safeguards, and enhancing enforcement of
public health protections, and public participation and outreach
activities. In accomplishing these reforms, the department shall
do all of the following:

(a) Establish transparent standards and procedures for
permitting decisions, including those that are applicable to permit
revocation and denial.

(b) Establish terms and conditions on permits to better protect
public health and the environment, including in imminent and
substantial endangerment situations.

(c) Employ consistent procedures for reviewing permit
applications, integrating public input into those procedures, and
making timely permit decisions.

(d) Enhance public involvement using procedures that provide
for early identification and integration of public concerns into
permitting decisions, including concerns of communities identified
pursuant to Section 39711.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 25246.1 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25246.1. end insert   

(a) After the department has identified a release or
releases of a hazardous waste or a hazardous waste constituent
into the environment from a hazardous waste facility or when the
department determines that corrective action is necessary, the
department shall request an owner or operator of a hazardous
waste facility to submit to the department for review and approval
a written cost estimate to cover activities associated with corrective
action based on available data, history of releases, and site
activities.

(b) The corrective action cost estimate shall be based on, and
be no less stringent than, the ASTM International (ASTM) Standard
E2150-13.

(c) (1) The owner or operator of a hazardous waste facility
shall submit the corrective action cost estimate to the department
within 60 days from the department’s request.

(2) If the department determines the corrective action cost
estimate is substantially incomplete or includes substantially
unsatisfactory information, the department shall provide a notice
of deficiency to the owner or operator of the facility within 60 days
of receipt of the corrective action cost estimate.

(3) The owner or operator of the facility shall submit a revised
corrective action cost estimate based on the information provided
in the notice of deficiency within 30 days.

(4) The department shall approve or deny the revised corrective
action cost estimate within 30 days.

(5) If the corrective action cost estimate does not address the
information provided in the notice of deficiency, as determined by
the department, the department shall deny the revised corrective
action cost estimate and shall, within 60 days, develop its own
corrective action cost estimate that will be the approved estimate
for the facility.

(d) The owner or operator of a facility, within 90 days of the
approval of a corrective action cost estimate, shall fund the
approved corrective action cost estimate or shall enter into a
schedule of compliance for assurances of financial responsibility
for completing the corrective action.

(e) If the department determines that the timing or content of a
submission of a cost estimate and financial assurance documents
are not consistent with the degree and duration of risk posed by
the release or releases to be addressed by the corrective action
activities, the department shall adjust the level of financial
assurance or timing of document submission required by this
section as may be necessary to protect human health and the
environment.

(f) If the owner or operator of a hazardous waste facility is
required to submit a financial assurance mechanism for corrective
action, the financial assurance shall be in the form of a trust fund,
surety bond, letter of credit, insurance, or any other mechanism
authorized under the federal act and the regulations adopted by
the department for financial assurance mechanisms.

(g) The department may adopt, and revise, when appropriate,
standards and regulations to implement this section. Additionally,
the department may adopt emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, to implement this
section. The adoption of these regulations shall be declared an
emergency and necessary for the immediate preservation of the
public peace, health and safety, or general welfare for purposes
of Sections 11346.1 and 11349.6 of the Government Code.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 25360 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25360.  

(a) Any costs incurred by the department or regional
board in carrying out begin insert or overseeing a removal action, a remedial
action, or a corrective action under end insert this chapter begin insert or Chapter 6.5
(commencing with Section 25100) end insert shall be recoverable pursuant
to state or federal law by the Attorney General, upon the request
of the department or regional board, from the liable person or
persons. The amount of any response action costs that may be
recovered pursuant to this section shall include interest on any
amount paid. begin delete The interest on amounts paid from the state account
or the Site Remediation Account shall be calculated at the rate of
return earned on investment in the Surplus Money Investment
Fund pursuant to Section 16475 of the Government Code. end delete

(b) A person who is liable for costs incurred at a site shall have
the liability reduced by any reimbursements that were paid by that
person for that site pursuant to Section 25343.

(c) The amount of cost determined pursuant to this section shall
be recoverable at the discretion of the department, either in a
separate action or by way of intervention as of right in an action
for contribution or indemnity. Nothing in this section deprives a
party of any defense that the party may have.

(d) Money recovered by the Attorney General pursuant to this
section shall be deposited in the state account.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 25360.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25360.1.  

Any monetary obligation to the department pursuant
to Chapter 6.5 (commencing with Section 25100) or this chapter
shall begin delete be subject to interest from the date of the demand at the same
rate of return earned on investment in the Surplus Money
Investment Fund pursuant to Section 16475 of the Government
Code, end delete begin insert accrue interest at the same rate as the modified adjusted
rate per annum established pursuant to Section 6591.5 of the
Revenue and Taxation Code, end insert except the department may waive
the interest if the obligation is satisfied within 60 days from the
date of invoice.