BILL NUMBER: AB 2794 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Santiago
FEBRUARY 19, 2016
An act to amend Sections 25150.84, 25189.3, 25205.7,
25205.18, 25205.19, and 25247 Section 25205.7 of
the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2794, as amended, Santiago. Hazardous waste: facilities
permitting: fees.
Existing law provides a person who applies for, or requests,
specified hazardous waste permits, variances, or waste classification
determinations with the option of paying a specified flat
fee amount or entering into a reimbursement agreement to
reimburse the Department of Toxic Substances Control for costs
incurred in processing the application or response to the request.
Those fee amounts are deposited in the Hazardous Waste Control
Account and are available to the department upon appropriation by the
Legislature.
This bill would eliminate the increase
those specified flat fee option and would make
conforming changes. amounts.
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. Section 25205.7 of the
Health and Safety Code is amended to read:
25205.7. (a) (1) Except as otherwise provided in this section,
any person who applies for, or requests, one
any of the following shall enter into a written agreement with
the department pursuant to which that person shall reimburse the
department, pursuant to Article 9.2 (commencing with Section
25206.1), for the costs incurred by the department in processing the
application or responding to the request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any agreement required pursuant to paragraph (1) may provide
for some, or all, of the reimbursement to be made in advance of the
processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this subdivision may
include costs of reviewing and overseeing corrective action as set
forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all the department's costs in
reviewing and overseeing any corrective action program described in
the application for a standardized permit pursuant to subparagraph
(C) of paragraph (2) of subdivision (c) of Section 25201.6 or
required pursuant to subdivision (b) of Section 25200.10, and in
reviewing and overseeing any corrective action work undertaken at the
facility pursuant to that corrective action program.
(c) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(d) (1) In lieu of entering into a reimbursement agreement with
the department pursuant to subdivision (a), any person who applies
for a new permit, a permit for postclosure, a renewal of an existing
permit, or a class 2 or class 3 permit modification may instead elect
to pay a fee as follows:
(A) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred
four thousand one hundred eighty-seven dollars ($104,187)
fifty-three thousand nine hundred fifteen dollars ($
153,915) for a small facility, two hundred
twenty-two thousand one hundred eighty-three dollars ($222,183)
three hundred twenty- eight thousand
two hundred thirty-one dollars ($ 328,231)
for a medium facility, and three hundred eighty-one
thousand six hundred two dollars ($381,602)
five hundred sixty-three th ousand
seven hundred forty-one dollars ($ 563,741)
for a large facility.
(B) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand
seven hundred sixty-two dollars ($62,762) ninety-two
thousand seven hundred eighteen dollars ($
92,718) for a small facility, one hundred thirty-three
thousand sixty dollars ($133,060) ninety-six thousand
five hundred seventy dollars ($ 196,570)
for a medium facility, and two hundred twenty-eight
thousand four hundred fifty-eight dollars ($228,458)
three hundred thirty-seven thousand five hundred
one dollars ($ 337,501) for a large
facility.
(C) Except as provided in subparagraph (D), a person submitting a
hazardous waste facility permit application for a storage facility,
a treatment facility, or a storage and treatment facility shall pay
twenty-one thousand three hundred forty dollars ($21,340)
thirty-one thousand five hundred twenty-
six dollars ($ 31,526) for a small facility,
thirty-eight thousand nine hundred thirteen dollars
($38,913) fifty-seven thousand four hundred
eighty-six dollars ($ 57,486) for a
medium facility, and seventy-five thousand three hundred
seventeen dollars ($75,317) one hundred eleven
thousand two hundred sixty-six dollars ($
111,266) for a large facility.
(D) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052)
forty-seven thousand three hundred fifty dollars ($47,350)
for a Series A standardized permit, twenty thousand eleven
dollars ($20,011) twenty-nine thousand five
hundred sixty-two dollars ($ 29,562) for a Series B
standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) seven thousand
eight hundred seventy-seven dollars ($ 7,877)
for a Series C standardized permit. The board shall assess the
fees specified in this subparagraph, in accordance with paragraph
(2), based upon the classifications specified in subdivision (a) of
Section 25201.6.
(E) (i) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay
sixteen thousand three hundred twenty dollars ($16,320)
twenty-four thousand one hundred ten
dollars ($ 24,110) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657)
fifty-five thousand six hundred thirty-one
dollars ($ 55,631) for a medium unit, and
seventy-five thousand three hundred seventeen dollars
($75,317) one hundred eleven thousand two hundred
sixty-six dollars ($ 111,266) for a large
unit.
(ii) Notwithstanding clause (i), the fee for any application for
a new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the department
as of January 1, 1996, shall be determined according to the type of
permit authorizing operation of that unit, as provided by subdivision
(d) of Section 25200.2 or the regulations adopted pursuant to
subdivision (a) of Section 25200.2. Any standardized permit issued to
the operator of a transportable treatment unit after January 1,
1996, that succeeds a full hazardous waste facilities permit issued
by the department prior to January 1, 1996, in accordance with
subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2, shall not be
considered to be a new hazardous waste facilities permit.
(F) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten
thousand forty dollars ($10,040) fourteen thousand
eight hundred thirty-two dollars ($
14,832) for a small facility, twenty-two thousand five
hundred ninety-six dollars ($22,596) thirty-three
thousand three hundred eighty-one dollars ($
33,381) for a medium facility, and
thirty-seven thousand six hundred fifty-seven dollars ($37,657)
fifty-five thousand six hundred thirty-one
dollars ($ 55,631) for a large facility.
(G) A person submitting an application for one or more class 2
permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.
(H) A person submitting an application for one or more class 3
permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class 3
permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.
(I) A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would have
been assessed had the person requested the same changes in a
modification application, but not less than one-half the fee required
for a new permit.
(J) A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.
(2) The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the
application shall be the submittal of the Part B application in
accordance with regulations adopted by the department. The fee shall
be nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code, and deposited into
the Hazardous Waste Control Account.
(3) The amounts stated in this subdivision are the base rates for
the 1997 2016 calendar year.
Thereafter, the fees shall be adjusted annually by the board to
reflect increases or decreases in the cost of living, during the
prior fiscal year, as measured by the Consumer Price Index issued by
the Department of Industrial Relations, or a successor agency.
(4) Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit is
"small" if it manages 0.5 tons (1,000 pounds) or less of hazardous
waste during any one month of the state's current fiscal year,
"medium" if it manages more than 0.5 tons (1,000 pounds), but less
than 1,000 tons, of hazardous waste during any one month of the state'
s current fiscal year, and "large" if it manages 1,000 or more tons
of hazardous waste during any one month of the state's current fiscal
year.
(5) For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section 25205.4,
any facility or unit is "small" if 0.5 tons (1,000 pounds) or less of
hazardous waste remain after closure, "medium" if more than 0.5 tons
(1,000 pounds), but less than 1,000 tons of hazardous waste remain
after closure, and "large" if 1,000 or more tons of hazardous waste
remain after closure.
(6) The amounts stated in this subdivision are in addition to any
amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).
(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivisions (a) and (d) do not apply to a permit
modification resulting from a revision of a facility's or operator's
closure plan if the facility is exempted from fees pursuant to
subdivision (e) of Section 25205.3, or if the operator is subject to
paragraph (2) or (3) of subdivision (d) of Section 25205.2.
(g) (1) Except as provided in paragraphs (3) and (4),
subdivisions (a) and (d) do not apply to any permit or variance to
operate a research, development, and demonstration facility, if the
duration of the permit or variance is not longer than one year,
unless the permit or variance is renewed pursuant to the regulations
adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to
a facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(h) Subdivisions (a) and (d) do not apply to any of the
following:
(1) Any variance issued to a public agency to transport wastes
for purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a
collection program for agricultural wastes.
(i) Notwithstanding subdivisions (a) and (b), the department
shall not assess any fees or seek any reimbursement for the
department's costs in reviewing and overseeing any preliminary site
assessment in conjunction with a hazardous waste facilities permit
application.
(j) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.
SECTION 1. Section 25150.84 of the Health and
Safety Code is amended to read:
25150.84. (a) The department is authorized to collect an annual
fee from all metal shredding facilities that are subject to the
requirements of this chapter or to the alternative management
standards adopted pursuant to Section 25150.82. The department shall
establish and adopt regulations necessary to administer this fee and
to establish a fee schedule that is set at a rate sufficient to
reimburse the department's costs to implement this chapter as
applicable to metal shredder facilities. The fee schedule established
by the department may be updated periodically as necessary and shall
provide for the assessment of no more than the reasonable and
necessary costs of the department to implement this chapter, as
applicable to metal shredder facilities.
(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant to this
section shall be deposited into the subaccount and be available for
expenditure by the department upon appropriation by the Legislature.
(c) A regulation adopted pursuant to this section may be adopted
as an emergency regulation in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, an emergency regulation adopted by
the department pursuant to this section shall be filed with, but not
be repealed by, the Office of Administrative Law and shall remain in
effect for a period of two years or until revised by the department,
whichever occurs sooner.
(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following fees
as the fees pertain to metal shredding activities and the generation,
handling, management, transportation, and disposal of metal shredder
waste:
(A) A fee imposed pursuant to subdivision (a) of Section 25205.7.
(B) A disposal fee imposed pursuant to Section 25174.1.
(C) A facility fee imposed pursuant to Section 25205.2.
(D) A generator fee imposed pursuant to Section 25205.5.
(E) A transportable treatment unit fee imposed pursuant to Section
25205.14.
(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal shredding
facility generates and handles.
SEC. 2. Section 25189.3 of the Health and
Safety Code is amended to read:
25189.3. (a) For purposes of this section, the term "permit"
means a hazardous waste facilities permit, interim status
authorization, or standardized permit.
(b) The department shall suspend the permit of any facility for
nonpayment of any facility fee assessed pursuant to Section 25205.2
or activity fee assessed pursuant to Section 25205.7, if the operator
of the facility is subject to the fee, and if the State Board of
Equalization has certified in writing to all of the following:
(1) The facility's operator is delinquent in the payment of the
fee for one or more reporting periods.
(2) The State Board of Equalization has notified the facility's
operator of the delinquency.
(3) The operator has exhausted the administrative rights of
appeal provided by Chapter 3 (commencing with Section 43151) of Part
22 of Division 2 of the Revenue and Taxation Code, and the State
Board of Equalization has determined that the operator is liable for
the fee, or that the operator has failed to assert those rights.
(c) (1) The department shall suspend the permit of any facility
for nonpayment of a penalty assessed upon the owner or operator for
failure to comply with this chapter or the regulations adopted
pursuant to this chapter, if the penalty has been imposed by a trial
court judge or by an administrative hearing officer, if the person
has agreed to pay the penalty pursuant to a written agreement
resolving a lawsuit or an administrative order, or if the penalty has
become final due to the person's failure to respond to the lawsuit
or order.
(2) The department may suspend a permit pursuant to this
subdivision only if the owner or operator is delinquent in the
payment of the penalty and the department has notified the owner or
operator of the delinquency pursuant to subdivision (d).
(d) Before suspending a permit pursuant to this section, the
department shall notify the owner or operator of its intent to do so,
and shall allow the owner or operator a minimum of 30 days in which
to cure the delinquency.
(e) The department may deny a new permit or refuse to renew a
permit on the same grounds for which the department is required to
suspend a permit under this section, subject to the same requirements
and conditions.
(f) (1) The department shall reinstate a permit that is
suspended pursuant to this section upon payment of the amount due if
the permit has not otherwise been revoked or suspended pursuant to
any other provision of this chapter or regulation. Until the
department reinstates a permit suspended pursuant to this section, if
the facility stores, treats, disposes of, or recycles hazardous
wastes, the facility shall be in violation of this chapter. If the
operator of the facility subsequently pays the amount due, the period
of time for which the operator shall have been in violation of this
chapter shall be from the date of the activity that is in violation
until the day after the owner or operator submits the payment to the
department.
(2) Except as otherwise provided in this section, the department
is not required to take any other statutory or regulatory procedures
governing the suspension of the permit before suspending a permit in
compliance with the procedures of this section.
(g) (1) A suspension under this section shall be stayed while an
authorized appeal of the fee or penalty is pending before a court or
an administrative agency.
(2) For purposes of this subdivision, "an authorized appeal"
means any appeal allowed pursuant to an applicable regulation or
statute.
(h) The department may suspend a permit under this section based
on a failure to pay the required fee or penalty that commenced prior
to January 1, 2002, if the failure to pay has been ongoing for at
least 30 days following that date.
(i) Notwithstanding Section 43651 of the Revenue and Taxation
Code, the suspension of a permit pursuant to this section, the reason
for the suspension, and any documentation supporting the suspension,
shall be a matter of public record.
(j) (1) This section does not authorize the department to
suspend a permit held by a government agency if the agency does not
dispute the payment but nonetheless is unable to process the payment
in a timely manner.
(2) This section does not apply to a site owned or operated by a
federal agency if the department has entered into an agreement with
that federal agency regarding the remediation of that site.
(k) This section does not limit or supersede Section 25186.
SEC. 3. Section 25205.7 of the Health and
Safety Code is amended to read:
25205.7. (a) (1) Except as otherwise provided in this section,
any person who applies for, or requests, any of the following shall
enter into a written agreement with the department pursuant to which
that person shall reimburse the department, pursuant to Article 9.2
(commencing with Section 25206.1), for the costs incurred by the
department in processing the application or responding to the
request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any agreement required pursuant to paragraph (1) may provide
for some, or all, of the reimbursement to be made in advance of the
processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this subdivision may
include costs of reviewing and overseeing corrective action as set
forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all the department's costs in
reviewing and overseeing any corrective action program described in
the application for a standardized permit pursuant to subparagraph
(C) of paragraph (2) of subdivision (c) of Section 25201.6 or
required pursuant to subdivision (b) of Section 25200.10, and in
reviewing and overseeing any corrective action work undertaken at the
facility pursuant to that corrective action program.
(c) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(d) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(e) Subdivision (a) does not apply to a permit modification
resulting from a revision of a facility's or operator's closure plan
if the facility is exempted from fees pursuant to subdivision (e) of
Section 25205.3, or if the operator is subject to paragraph (2) or
(3) of subdivision (d) of Section 25205.2.
(f) (1) Except as provided in paragraphs (3) and (4), subdivision
(a) does not apply to any permit or variance to operate
a research, development, and
demonstration facility, if the duration of the permit or variance is
not longer than one year, unless the permit or variance is renewed
pursuant to the regulations adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to
a facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(g) Subdivision (a) does not apply to any of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(h) Notwithstanding subdivisions (a) and (b), the department
shall not assess any fees or seek any reimbursement for the
department's costs in reviewing and overseeing any preliminary site
assessment in conjunction with a hazardous waste facilities permit
application.
(i) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.
SEC. 4. Section 25205.18 of the Health and
Safety Code is amended to read:
25205.18. (a) If a facility has a permit or an interim status
document that sets forth the facility's allowable capacity for
treatment or storage, the facility's size for purposes of the annual
facility fee shall be based upon that capacity, except as provided in
subdivision (d).
(b) If a facility's allowable capacity changes or is initially
established as a result of a permit modification, or a submission of
a certification pursuant to subdivision (d), the fee that is due for
the reporting period in which the change occurs shall be the higher
fee.
(c) (1) The department may require the facility to submit an
application to modify its permit to provide for an allowable
capacity.
(2) Subdivision (a) of Section 25205.7 does not apply to an
application for modification required by the department pursuant to
this subdivision.
(d) A facility may reduce its allowable capacity below the
amounts specified in subdivision (a) or (c) by submitting a
certification signed by the owner or operator in which the owner or
operator pledges that the facility will not handle hazardous waste at
a capacity above the amount specified in the certification. In that
case, the facility's size for purposes of the annual facility fee
shall be based upon the capacity specified in the certification,
until the certification is withdrawn. Exceeding the capacity limits
specified in a certification that has not been withdrawn shall be a
violation of the hazardous waste control law and may subject a
facility or its operator to a penalty and corrective action as
provided in this chapter.
(e) This section shall have no bearing on the imposition of the
annual postclosure facility fee.
SEC. 5. Section 25205.19 of the Health and
Safety Code is amended to read:
25205.19. (a) If a facility has a permit or an interim status
document that sets forth the facility's type, pursuant to Section
25205.1, as either treatment, storage, or disposal, the facility's
type for purposes of the annual facility fee shall be rebuttably
presumed to be what is set forth in that permit or document.
(b) If the facility's type changes as a result of a permit or
interim status modification, any change in the annual facility fee
shall be effective the reporting period following the one in which
the modification becomes effective.
(c) (1) If the facility's permit or interim status document does
not set forth its type, the department may require the facility to
submit an application to modify the permit or interim status document
to provide for a facility type.
(2) Subdivision (a) of Section 25205.7 does not apply to an
application for modification pursuant to this subdivision.
(d) A permit or interim status document may set forth more than
one facility type or size. In accordance with subdivision (d) of
Section 25205.4, the facility shall be subject only to the highest
applicable fee.
SEC. 6. Section 25247 of the Health and Safety
Code is amended to read:
25247. (a) The department shall review each plan submitted
pursuant to Section 25246 and shall approve the plan if it finds that
the plan complies with the regulations adopted by the department and
complies with all other applicable state and federal regulations.
(b) The department shall not approve the plan until at least one
of the following occurs:
(1) The plan has been approved pursuant to Section 13227 of the
Water Code.
(2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this
60-day period shall not begin until the owner or operator resubmits
the plan to the department.
(3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.
(c) Any action taken by the department pursuant to this section is
subject to Section 25204.5.
(d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.
(A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to this
subdivision, the department shall provide a meaningful opportunity
for public involvement, which, at a minimum, shall include public
notice and an opportunity for public comment on the proposed action.
(C) For the purposes of subparagraph (B), a "significant
modification" is a modification that the department determines would
constitute a class 3 permit modification if the change were being
proposed to a hazardous waste facilities permit. In determining
whether the proposed modification would constitute a class 3
modification, the department shall consider the similarity of the
modification to class 3 modifications codified in Appendix I of
Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title
22 of the California Code of Regulations. In determining whether the
proposed modification would constitute a class 3 modification, the
department shall also consider whether there is significant public
concern about the proposed modification, and whether the proposed
change is so substantial or complex in nature that the modification
requires the more extensive procedures of a class 3 permit
modification.
(2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.
(3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, enter into a cost reimbursement agreement
pursuant to subdivision (a) of Section 25205.7 and upon commencement
of the postclosure period shall pay the fee required by paragraph
(9) of subdivision (c) of Section 25205.4. For purposes of this
paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
the commencement of the postclosure period shall be the effective
date of the postclosure permit, enforcement order, or enforceable
agreement.
(4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of the
following actions:
(A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.
(B) Require compliance with requirements for corrective action or
other emergency response measures that the department deems necessary
to protect human health and the environment.
(C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.
(e) Subdivision (d) does not apply to a postclosure plan for which
a final or draft permit has been issued by the department on or
before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision (d).
(f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through an
enforcement order or an enforceable agreement pursuant to subdivision
(d) until January 1, 2009.
(2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to January 1, 2009, or an order or
agreement for which a public notice is issued on or before January
1, 2009.
(3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).
(g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at any
time, rescind and replace an enforcement order or an enforceable
agreement issued pursuant to this section by issuing a postclosure
permit for the hazardous waste facility, in accordance with the
procedures specified in the department's regulations for the issuance
of postclosure permits.
(h) Nothing in this section may be construed to limit or delay the
authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.