AB 1075: Hazardous waste: enforcement.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-02
(1)The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
(2)Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(3)Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
(1)The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
(2)Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(3)Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
(1)The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
(2)Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(3)Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
(1)The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
(2)Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(3)Existing law requires a petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate be filed no later than 90 days after the date that the notice of final decision is served.
This bill would authorize a person who filed comments on a draft permit or participated in the public hearing on the draft permit to appeal the departments decision to the Secretary for Environmental Protection within 30 days, and would authorize the secretary to sustain, reverse, or modify the decision of the department if it was based on a finding of fact or conclusion of law that was clearly erroneous, or if it was based on an important policy consideration that the secretary determines he or she should review. The bill would require that a petition for judicial review be filed within 90 days of the secretarys final decision.
(4)
(3)Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
(1)The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
(2)Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(3)Existing law requires a petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate be filed no later than 90 days after the date that the notice of final decision is served.
This bill would authorize a person who filed comments on a draft permit or participated in the public hearing on the draft permit to appeal the departments decision to the Secretary for Environmental Protection within 30 days, and would authorize the secretary to sustain, reverse, or modify the decision of the department if it was based on a finding of fact or conclusion of law that was clearly erroneous, or if it was based on an important policy consideration that the secretary determines he or she should review. The bill would require that a petition for judicial review be filed within 90 days of the secretarys final decision.
(3)
(4)Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
(1)The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. (PU RN20142004609 )
This bill, if a person or entity violates or fails to comply with specified provisions after that person or entity has been found liable for, or been convicted of, two or more previous violations of or noncompliance with those same provisions during a 5-year period, bill would require the department to consider, except under specified circumstances, the violation 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person. person or entity.
(2)Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible.
(3)Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
(1) The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. (PU RN20142004609 )
This bill, if a person or entity violates or fails to comply with specified provisions after that person or entity has been found liable for, or been convicted of, two or more previous violations of or noncompliance with those same provisions during a 5-year period, would require the department to consider, except under specified circumstances, the violation or noncompliance as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person.
(2) Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment.
This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment.
(3) Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following:
(a)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(b)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(c)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(d)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(e)(1)Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate.
(2)For the purposes of this paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(3)An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(A)The time for appeal has elapsed.
(B)The judgment of conviction has been affirmed on appeal.
(C)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(f)Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
SEC. 2.Section 25186.05 is added to the Health and Safety Code, to read:25186.05.(a)For the purposes of this section, violation and noncompliance mean only the following:
(1)A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(2)A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.
(3)A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186.
(b)A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility.
(c)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(d)(1)Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(2)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(3)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law.
SEC. 3.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 4.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following:
(a)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(b)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(c)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(d)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(e)(1)Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate.
(2)For the purposes of this paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(3)An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(A)The time for appeal has elapsed.
(B)The judgment of conviction has been affirmed on appeal.
(C)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(f)Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
SEC. 2.Section 25186.05 is added to the Health and Safety Code, to read:25186.05.(a)For the purposes of this section, violation and noncompliance mean only the following:
(1)A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(2)A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.
(3)A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186.
(b)A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility.
(c)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(d)(1)Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(2)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(3)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law.
SEC. 3.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 4.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following:
(a)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(b)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(c)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(d)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(e)(1)Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate.
(2)For the purposes of this paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(3)An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(A)The time for appeal has elapsed.
(B)The judgment of conviction has been affirmed on appeal.
(C)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(f)Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
SEC. 2.Section 25186.05 is added to the Health and Safety Code, to read:25186.05.(a)For the purposes of this section, violation and noncompliance mean only the following:
(1)A violation or noncompliance pursuant to Section 25186 that creates a significant threat of risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(2)A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.
(3)A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186.
(b)A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility.
(c)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(d)(1)Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(2)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(3)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law.
SEC. 3.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 4.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in in, or debt liability of of, that business concern, has engaged in any of the following:
(a)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(b)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(c)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(d)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(e)(1)Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate.
(2)For the purposes of this paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(3)An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(A)The time for appeal has elapsed.
(B)The judgment of conviction has been affirmed on appeal.
(C)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(f)Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
SEC. 2.Section 25186.05 is added to the Health and Safety Code, to read:25186.05.(a)For the purposes of this section, violation and noncompliance mean only the following:
(1)A violation or noncompliance pursuant to Section 25186 that creates a significant threat of acute or chronic exposure to hazardous waste or hazardous waste constituents within the boundaries of a hazardous waste facility or offsite from a facility, constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(2)A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.
(3)A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (h) (e) of Section 25186.
(b)A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility.
(b)
(c)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(c)
(d)(1)Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(2)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(3)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to subdivision (a) of Section 25186 or any other law.
SEC. 3.Section 25186.1 of the Health and Safety Code is amended to read:25186.1.(a)Except as specified in Section 25186.2, proceedings for the suspension or revocation of a permit, registration, or certificate under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In the event of a conflict between this chapter and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the provisions of the Government Code shall prevail.
(b)(1)Proceedings to determine whether to grant, issue, modify, or deny a permit, registration, or certificate shall be conducted in accordance with the regulations adopted by the department.
(2)Within 30 days after a final permit decision has been issued, a person who filed comments on that draft permit or participated in the public hearing may petition the secretary to review the permit decision.
(3)On an appeal pursuant to paragraph (2), the secretary may sustain, reverse, or modify the decision of the department consistent with procedures, including notice procedures, adopted by regulation by the California Environmental Protection Agency, based on either of the following:
(A)A finding of fact or a conclusion of law that is clearly erroneous.
(B)An important policy consideration that the secretary, in his or her discretion, should review.
(c)A petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate, or of the secretarys final decision to sustain, reverse, or modify the decision of the department on appeal pursuant to paragraph (2) of subdivision (b), shall not be filed later than 90 days after the date that the notice of the final decision is served.
SEC. 4.SEC. 3.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety, safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 5.SEC. 4.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
(a)The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in or debt liability of that business concern, has engaged in any of the following:
(1)
(a)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(2)
(b)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(3)
(c)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(4)
(d)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(5)(A )
(e)(1)Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate.
(B)
(2)For the purposes of this paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(C)
(3)An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(i)
(A)The time for appeal has elapsed.
(ii)
(B)The judgment of conviction has been affirmed on appeal.
(iii)
(C)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(6)
(f)Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(b)(1)(A)For the purposes of this subdivision, violation and noncompliance mean only the following:
(i)A violation or noncompliance that creates a significant threat of immediate and acute exposure to hazardous waste or hazardous waste constituents at a facility or offsite from a facility and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(ii)A violation or noncompliance that includes, or results in, any of the following:
(I)Fire, explosion, or uncontrolled chemical reaction.
(II)Serious or acute injury or illness.
(III)Violation of any order issued by the department to the applicant or holder of the permit.
(IV)Federal or state felony conviction for violations of this chapter or its equivalent in the federal act or any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in paragraph (6) of subdivision (a).
(B)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(2)Except as provided in paragraph (3), the department shall consider three or more violations of, or noncompliance with, a requirement specified in paragraph (1) or (2) of subdivision (a) for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(3)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(4)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to subdivision (a) or any other law.
SEC. 2.Section 25186.05 is added to the Health and Safety Code, to read:25186.05.(a)For the purposes of this section, violation and noncompliance mean only the following:
(1)A violation or noncompliance that creates a significant threat of acute or chronic exposure to hazardous waste or hazardous waste constituents within the boundaries of a hazardous waste facility or offsite from a facility, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(2)A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.
(3)A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (h) of Section 25186.
(b)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(c)(1)Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(2)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(3)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to subdivision (a) of 25186 or any other law.
SEC. 3.Section 25186.1 of the Health and Safety Code is amended to read:25186.1.(a)Except as specified in Section 25186.2, proceedings for the suspension or revocation of a permit, registration, or certificate under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In the event of a conflict between this chapter and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the provisions of the Government Code shall prevail.
(b)(1)Proceedings to determine whether to grant, issue, modify, or deny a permit, registration, or certificate shall be conducted in accordance with the regulations adopted by the department.
(2)Within 30 days after a final permit decision has been issued, a person who filed comments on that draft permit or participated in the public hearing may petition the secretary to review the permit decision.
(3)On an appeal pursuant to paragraph (2), the secretary may sustain, reverse, or modify the decision of the department consistent with procedures, including notice procedures, adopted by regulation by the California Environmental Protection Agency, based on either of the following:
(A)A finding of fact or a conclusion of law that is clearly erroneous.
(B)An important policy consideration that the secretary, in his or her discretion, should review.
(2) The
(c)A petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate certificate, or of the secretarys final decision to sustain, reverse, or modify the decision of the department on appeal pursuant to paragraph (2) of subdivision (b), shall not be filed later than 90 days after the date that the notice of the final decision is served.
SEC. 2.SEC. 4.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, an actual, threatened, or potential harm to the public health or safety, or the environment, a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 3.SEC. 5.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
(a)The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in or debt liability of that business concern, has engaged in any of the following:
(1)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 1801 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(2)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 1801 5101 et seq.), the Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(3)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(4)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(5)(A)Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate.
(B)For the purposes of this paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(C)An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(i)The time for appeal has elapsed.
(ii)The judgment of conviction has been affirmed on appeal.
(iii)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(6)Activities resulting in the revocation or suspension of a license, permit, registration registration, or certificate held by the applicant or holder of the permit, registration registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(b)(1)(A)For the purposes of this section, the following terms have the following meanings: subdivision, violation and noncompliance mean only the following:
(A)Repeating or recurring pattern of violation or noncompliance means a violation of, or noncompliance with a requirement specified in paragraph (1) or (2) of subdivision (a) by a person or entity that has previously been found to be liable for, or convicted of, two or more violations of, or noncompliance with, any of those requirements within a five-year period.
(B)Violation or noncompliance means any of the following:
(i)A violation or noncompliance that creates a significant threat of immediate and acute exposure to hazardous waste or hazardous waste constituents at a facility or offsite from a facility and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.(ii)A violation or noncompliance that includes, or results in, any of the following:(I)Fire, explosion, or uncontrolled chemical reaction.(II)Serious or acute injury or illness.(III)Violation of any order issued by the department to the applicant or holder of the permit.(IV)Federal or state felony conviction for violations of this chapter or its equivalent in the federal act or any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in paragraph (6) of subdivision (a).(B)Violation and noncompliance shall not include a minor violation as defined in Section 25117.6.
(2)Except as provided in paragraph (3), the department shall consider a repeating or recurring pattern of violation or noncompliance three or more violations of, or noncompliance with, a requirement specified in paragraph (1) or (2) of subdivision (a) for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(3)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(4)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to subdivision (a) or any other law.
SEC. 2.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, an actual, threatened, or potential harm to the public health or safety, or the environment, a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The hearing shall be held without delay and completed as soon as possible. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 3.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
(a)The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in or debt liability of that business concern, has engaged in any of the following:
(a)
(1)Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 1801 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(b)
(2)The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 1801 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(c)
(3)Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(d)
(4)Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(e)
(5)(A)Activities resulting in any federal or state conviction which that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicants duties or activities under the permit, registration, or certificate. For
(B)For the purposes of this subdivision paragraph, conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any
(C)An action which that the department may take pursuant to this subdivision paragraph relating to the denial, suspension suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(1)
(i)The time for appeal has elapsed.
(2)
(ii)The judgment of conviction has been affirmed on appeal.
(3)
(iii)Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the persons plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(f)
(6)Activities resulting in the revocation or suspension of any a license, permit, registration or certificate held by the applicant or holder of the permit, registration or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(b)(1)For the purposes of this section, the following terms have the following meanings:
(A)Repeating or recurring pattern of violation or noncompliance means a violation of, or noncompliance with a requirement specified in paragraph (1) or (2) of subdivision (a) by a person or entity that has previously been found to be liable for, or convicted of, two or more violations of, or noncompliance with, any of those requirements within a five-year period.
(B)Violation or noncompliance means any of the following:
(i)A violation or noncompliance that creates a significant threat of immediate and acute exposure to hazardous waste or hazardous waste constituents at a facility or offsite from a facility and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(ii)A violation or noncompliance that includes, or results in, any of the following:
(I)Fire, explosion, or uncontrolled chemical reaction.
(II)Serious or acute injury or illness.
(III)Violation of any order issued by the department to the applicant or holder of the permit.
(IV)Federal or state felony conviction for violations of this chapter or its equivalent in the federal act or any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in paragraph (6) of subdivision (a).
(2)Except as provided in paragraph (3), the department shall consider a repeating or recurring pattern of violation or noncompliance as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(3)This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(4)This subdivision does not limit or modify the departments authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to subdivision (a) or any other law.
SEC. 2.Section 25186.2 of the Health and Safety Code is amended to read:25186.2.The department may temporarily suspend any permit, registration or certificate issued pursuant to this chapter prior to any hearing if the department determines that the action is necessary to prevent or mitigate conditions may present an imminent and substantial danger endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, an actual, threatened, or potential harm to the public health or safety, or the environment, a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The hearing shall be held without delay and completed as soon as possible. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 3.Section 25189.4 is added to the Health and Safety Code, to read:25189.4.(a)In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b)The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.
|
Date
|
Status
|
|---|---|
| Sep 9, 2015 | Assembly Rule 77 suspended. (Ayes 52. Noes 28. Page 2990.) |
| Aug 31, 2015 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27). |
| Sep 1, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 2, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 3, 2015 | Read second time. Ordered to third reading. |
| Sep 8, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77. |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 2598.). |
| Sep 9, 2015 | Assembly Rule 77 suspended. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Sep 9, 2015 | Assembly Rule 77 suspended. (Ayes 52. Noes 28.) |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 25. Page 3002.). |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 25.). |
| Sep 17, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 2, 2015 | Approved by the Governor. |
| Oct 2, 2015 | Chaptered by Secretary of State - Chapter 460, Statutes of 2015. |
| May 21, 2015 | Read second time. Ordered to third reading. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 19, 2015 | Referred to Com. on E.S. & T.M. |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 14). Re-referred to Com. on APPR. |
| Apr 29, 2015 | In committee: Hearing postponed by committee. |
| May 13, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| May 14, 2015 | Re-referred to Com. on APPR. |
| May 20, 2015 | From committee: Do pass. (Ayes 11. Noes 4.) (May 20). |
| Feb 27, 2015 | Introduced. To print. |
| May 28, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 28. Page 1629.) |
| May 28, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 28.) |
| Jun 11, 2015 | Referred to Com. on E.Q. |
| Jun 18, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. |
| Jun 22, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 16, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 15). Re-referred to Com. on APPR. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2015 | AB 1075 ALEJO Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 8, 2015 | Assembly 3rd Reading AB1075 Alejo By Lara | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 15, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 28, 2015 | AB 1075 ALEJO Assembly Third Reading | Assembly Floor |
Passed |
|
| May 20, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Asian Pacific Environmental Network | ** Support | Sep 8, 2015 |
| Automotive Specialty Products Alliance | ** Against | Sep 8, 2015 |
| California Business Properties Association | ** Against | Sep 8, 2015 |
| California Cement Manufacturers Environmental Coalition | ** Against | Sep 8, 2015 |
| California Chamber Of Commerce | ** Against | Sep 8, 2015 |
| California District Attorneys Association | ** Support | Sep 8, 2015 |
| California Environmental Justice Alliance | ** Support | Sep 8, 2015 |
| California Manufacturers And Technology Association | ** Against | Sep 8, 2015 |
| California Metals Coalition | ** Against | Sep 8, 2015 |
| California Trucking Association | ** Against | Sep 8, 2015 |
| Center for Community Action & Environmental Justice | ** Support | Sep 8, 2015 |
| Center For Environmental Health | ** Support | Sep 8, 2015 |
| Center on Race, Poverty & the Environment | ** Support | Sep 8, 2015 |
| Chemical Industry Council Of California | ** Against | Sep 8, 2015 |
| Clean Harbors Environmental Services, Inc. | ** Against | Sep 8, 2015 |
| Clean Water Action | ** Support | Sep 8, 2015 |
| Communities for a Better Environment | ** Support | Sep 8, 2015 |
| Concerned Neighbors of Wildomar | ** Support | Sep 8, 2015 |
| Consumer Specialty Products Association | ** Against | Sep 8, 2015 |
| Environmental Action Committee of West Marin | ** Support | Sep 8, 2015 |
| Environmental Working Group | ** Support | Sep 8, 2015 |
| Industrial Environmental Association | ** Against | Sep 8, 2015 |
| Metals Finishing Association of Northern California | ** Against | Sep 8, 2015 |
| Metals Finishing Association of Southern California | ** Against | Sep 8, 2015 |
| Pesticide Action Network North America | ** Support | Sep 8, 2015 |
| Physicians for Social Responsibility - Los Angeles | ** Support | Sep 8, 2015 |
| Sierra Club California | ** Support | Sep 8, 2015 |
| Teens Against Toxins | ** Support | Sep 8, 2015 |
| U.S. Department of Defense, Region 9 | ** Against | Sep 8, 2015 |
| West Coast Chapter, Institute of Scrap Recycling Industries | ** Against | Sep 8, 2015 |
| West Coast Lumber & Building Material Association | ** Against | Sep 8, 2015 |
| Western Plant Health Association | ** Against | Sep 8, 2015 |
| Western States Petroleum Association | ** Against | Sep 8, 2015 |
| Worksafe | ** Support | Sep 8, 2015 |
AB 1075
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 1075
(Alejo)
As Amended September 2, 2015
Majority vote
ASSEMBLY: |
45-28 |
(May 28, 2015) |
SENATE: |
24-15 |
(September 8, 2015) |
Original Committee Reference: E.S. & T.M.
SUMMARY: Establishes standards for what constitutes a repeat serious hazardous waste facility violation and specifies the enforcement or permit revocation action to be taken by the Department of Toxic Substances Control (DTSC).
The Senate amendments:
Provide that a violation that would trigger a permit revocation at a federal hazardous waste facility be limited to a violation or noncompliance within the permitted boundaries of the facility.
Remove the reference to fire or explosions at a hazardous waste facility as the basis of a revocation and instead provides that the basis for a violation is one that creates a significant risk of harm to the public health or safety of the environment.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill would result in minor, if any, costs to the Hazardous Waste Control Account for DTSC to administer the additional considerations and civil penalties for persons with multiple violations.
AS PASSED BY THE ASSEMBLY, this bill:
Defined a repeating or recurring pattern of violation or noncompliance as a facility operator that has previously been found to be liable for, or convicted of, three or more violations of, or noncompliance with, within a five-year period.
Specified that violation or noncompliance means an action that creates a significant threat of immediate and acute exposure to hazardous waste or hazardous waste constituents at a facility or offsite from a facility.
Defined a serious violation as including any of the following:
Fire, explosion, or an uncontrolled chemical reaction;
Serious or acute injury or illness;
Violation of any order issued by DTSC to the applicant or holder of the permit; or
Federal or state felony conviction for violations of hazardous waste laws.
Excluded minor violations from violations that would be counted toward the three incident standards.
Provides that DTSC shall consider a repeating or recurring pattern of violation or noncompliance as compelling cause to deny, suspend, or revoke the permit for a hazardous waste facility.
Authorizes DTSC to temporarily suspend a hazardous waste facility permit prior to a hearing, if the DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment.
Imposes an additional civil penalty of not less than $5,000 or more than $50,000 for each day of a serious hazardous waste violation, if the person has been found liable for, or been convicted of, 3 or more previous violations within any consecutive 60 months.
COMMENTS:
Need for this bill: According to the author, "AB 1075 establishes a bright regulatory line for permit denial and revocation. The key feature of AB 1075 is to strengthen the authority of the Department of Toxic Substance Control (DTSC) by specifying that three or more serious violations during a five-year period results in a clear obligation on DTSC to revoke a hazardous waste facility permit. AB 1075 was developed based on the information gathered at the Environmental Safety and Toxic Materials oversight hearing in September of 2014, where community groups came forward to report on issues in their neighborhood."
Permitting hazardous waste storage, treatment, and disposal facilities: DTSC is responsible for the review of hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; providing closure oversight of approved closure plans; issuance and denial of variances; provide assistance to regulated industry on permitting matters; and provide for public involvement.
DTSC has undertaken a review of permitting and enforcement processes for hazardous waste facilities. To do this, DTSC contracted for an outside program evaluation by CPS HR Consulting which provided a review of the DTSC permit process in order to develop a standardized process with decision criteria and corresponding standards of performance. The DTSC evaluation included a review and assessment of the current timeliness of decisions, and evaluates the adequacy of program staffing.
Creating a bright line for regulatory action on hazardous waste facility permits: The CPS HR Consulting report recommended that DTSC develop a new system of categorizing violations that reflects whether they present an immediate and direct threat to human health and safety, versus a less urgent threat that can be mitigated or resolved through further actions of DTSC. The current definition of "Class I violations," although mandated by law, includes both violations that pose immediate and direct threats along with many that are relatively low- or long-term threats. Until the DTSC has a system to assess violations that can distinguish between significant threats to human health and safety and lesser threats, it will not be able to provide an objective standard to guide its own staff actions and to inform the public that the significant threats have been mitigated through actions such as permit modification, denial or revocation.
Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0002091
AB 1075
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1075
Amended: 9/2/15 in Senate
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/15/15
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 45-28, 5/28/15 - See last page for vote
SUBJECT: Hazardous waste: enforcement
DIGEST: This bill creates additional considerations and civil penalties on a person who has multiple violations of the Hazardous Waste Control Act of 1972 (HWCA).
Senate Floor Amendments of 9/2/15 clarify that a “violation” or “noncompliance” for purposes of this section, creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents.
Existing law governs the disposal of hazardous waste, under the federal Resource Conservation and Recovery Act (RCRA) of 1976:
Sets standards, through regulation, for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
Existing
law, under the HWCA:
Establishes the Hazardous Waste Control program;
Regulates the handling, transport and disposal of hazardous waste and authorizes the Department of Toxic Substances Control (DTSC) to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
Authorizes the DTSC to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment.
Requires the DTSC, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice and requires the hearing to be held without delay and completed as soon as possible.
Requires a petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate be filed no later than 90 days after the date that the notice of final decision is served.
Provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill establishes standards for what constitutes a repeat, serious hazardous waste facility violation and specifies the enforcement action to be taken by the DTSC. Specifically, this bill:
Requires the DTSC to consider, except under specified circumstances, three or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a five-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
Authorizes the DTSC to temporarily suspend any permit, registration, or certificate prior to a hearing if the DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. This bill repeals the requirement that the hearing be held without delay and completed as soon as possible.
Imposes upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, two or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
Background
Permitting hazardous waste storage, treatment, and disposal facilities: The DTSC is responsible for the review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; providing closure oversight of approved closure plans; issuance and denial of variances; providing assistance to regulated industry on permitting matters; and providing for public involvement.
There are currently 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
CPS HR Consulting Audit. The DTSC has undertaken a review of permitting and enforcement processes for hazardous waste facilities. To do this, the DTSC contracted for an outside program evaluation by CPS HR Consulting which provided a review of the DTSC permit process in order to develop a standardized process with decision criteria and corresponding standards of performance. The DTSC evaluation included a review and assessment of the current timeliness of decisions, and evaluates the adequacy of program staffing. It will make recommendations for process improvement.
The program analysis of the DTSC carried out by CPS HR Consulting of DTSC permitting process found that there has been significant dissatisfaction with the performance of the permitting office, due to the cost and length of time in completing the permit process and a perception that the office does not deny or revoke permits as often as it should to address community concerns. The stakeholders included in the review identified the following major concerns:
The need to create clear and objective criteria for making denial and revocation decisions that are based on valid standards of performance and risk;
A clear standard for violations that would lead to a denial or revocation;
The need for the DTSC to document and measure a "scorecard" of attributes that would be perceived as a "good result" for the permitting program;
The need to identify and measure appropriate permitting process timelines; and,
The need to document, maintain and implement effective financial assurance standards to ensure that facilities can meet their permitted obligations.
The CPS HR Consulting report recommended that the DTSC develop a new system of categorizing violations that reflects whether they present an immediate and direct threat to human health and safety, versus a less urgent threat that can be mitigated or resolved through further actions of the DTSC. The current definition of “Class I violations,” although mandated by law, includes both violations that pose immediate and direct threats along with many that are relatively low- or long-term threats. Until the DTSC has a system to assess violations that can distinguish between significant threats to human health and safety and lesser threats, it will not be able to provide an objective standard to guide its own staff actions and to inform the public that the significant threats have been mitigated through actions such as permit modification, denial or revocation.
Comments
Purpose of Bill. According to the author, “AB 1075 establishes a bright regulatory line for permit denial and revocation. The key feature of AB 1075 is to strengthen the authority of the DTSC by specifying that three or more serious violations during a five-year period results in a clear obligation on the DTSC to revoke a hazardous waste facility permit. AB 1075 was developed based on the information gathered at the Environmental Safety and Toxic Materials oversight hearing in September of 2014, where community groups came forward to report on issues in their neighborhood.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, minor if any costs to the HWCA (special) for the DTSC to administer the additional considerations and civil penalties for persons with multiple violations.
SUPPORT: (Verified 9/3/15)
Asian Pacific Environmental Network
California District Attorneys Association
California Environmental Justice Alliance
Center for Community Action & Environmental Justice
Center for Environmental Health
Center on Race, Poverty & the Environment
Clean Water Action
Communities for a Better Environment
Concerned Neighbors of Wildomar
Environmental Action Committee of West Marin
Environmental Working Group
Pesticide Action Network North America
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay Area
Sierra Club California
Teens Against Toxins
The People’s Senate and Leadership Institute
Worksafe
OPPOSITION: (Verified 9/3/15)
None received
ASSEMBLY FLOOR: 45-28, 5/28/15
AYES: Alejo, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Melendez, Mullin, Nazarian, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dababneh, Dahle, Beth Gaines, Gallagher, Gatto, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Bloom, Gipson, Gray, Grove, O'Donnell, Ridley-Thomas
Prepared by: Rachel Machi Wagoner / E.Q. / (916) 651-4108
9/3/15 18:28:56
**** END ****
AB 1075
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1075
Amended: 9/1/15 in Senate
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/15/15
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 45-28, 5/28/15 - See last page for vote
SUBJECT: Hazardous waste: enforcement
DIGEST: This bill creates additional considerations and civil penalties on a person who has multiple violations of the Hazardous Waste Control Act of 1972 (HWCA).
Existing law governs the disposal of hazardous waste, under the federal Resource Conservation and Recovery Act (RCRA) of 1976:
Sets standards, through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency.
Existing
law, under the HWCA:
Establishes the Hazardous Waste Control program;
Regulates the handling, transport and disposal of hazardous waste and authorizes the Department of Toxic Substances Control (DTSC) to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
Authorizes the DTSC to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment.
Requires the DTSC, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice and requires the hearing to be held without delay and completed as soon as possible.
Requires a petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate be filed no later than 90 days after the date that the notice of final decision is served.
Provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill establishes standards for what constitutes a repeat, serious hazardous waste facility violation and specifies the enforcement action to be taken by the DTSC. Specifically, this bill:
Requires the DTSC to consider, except under specified circumstances, three or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a five-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
Authorizes the DTSC to temporarily suspend any permit, registration, or certificate prior to a hearing if the DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. This bill repeals the requirement that the hearing be held without delay and completed as soon as possible.
Imposes upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, two or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
Background
Permitting hazardous waste storage, treatment, and disposal facilities. The DTSC is responsible for the review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; providing closure oversight of approved closure plans; issuance and denial of variances; providing assistance to regulated industry on permitting matters; and providing for public involvement.
There are currently 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
CPS HR Consulting Audit. The DTSC has undertaken a review of permitting and enforcement processes for hazardous waste facilities. To do this, the DTSC contracted for an outside program evaluation by CPS HR Consulting which provided a review of the DTSC permit process in order to develop a standardized process with decision criteria and corresponding standards of performance. The DTSC evaluation included a review and assessment of the current timeliness of decisions, and evaluates the adequacy of program staffing. It will make recommendations for process improvement.
The program analysis of the DTSC carried out by CPS HR Consulting of DTSC permitting process found that there has been significant dissatisfaction with the performance of the permitting office, due to the cost and length of time in completing the permit process and a perception that the office does not deny or revoke permits as often as it should to address community concerns. The stakeholders included in the review identified the following major concerns:
The need to create clear and objective criteria for making denial and revocation decisions that are based on valid standards of performance and risk;
A clear standard for violations that would lead to a denial or revocation;
The need for the DTSC to document and measure a "scorecard" of attributes that would be perceived as a "good result" for the permitting program;
The need to identify and measure appropriate permitting process timelines; and,
The need to document, maintain and implement effective financial assurance standards to ensure that facilities can meet their permitted obligations.
The CPS HR Consulting report recommended that the DTSC develop a new system of categorizing violations that reflects whether they present an immediate and direct threat to human health and safety, versus a less urgent threat that can be mitigated or resolved through further actions of the DTSC. The current definition of “Class I violations,” although mandated by law, includes both violations that pose immediate and direct threats along with many that are relatively low- or long-term threats. Until the DTSC has a system to assess violations that can distinguish between significant threats to human health and safety and lesser threats, it will not be able to provide an objective standard to guide its own staff actions and to inform the public that the significant threats have been mitigated through actions such as permit modification, denial or revocation.
Comments
Purpose of Bill. According to the author, “AB 1075 establishes a bright regulatory line for permit denial and revocation. The key feature of AB 1075 is to strengthen the authority of the DTSC by specifying that three or more serious violations during a five-year period results in a clear obligation on the DTSC to revoke a hazardous waste facility permit. AB 1075 was developed based on the information gathered at the Environmental Safety and Toxic Materials oversight hearing in September of 2014, where community groups came forward to report on issues in their neighborhood.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, minor if any costs to the HWCA (special) for the DTSC to administer the additional considerations and civil penalties for persons with multiple violations.
Asian Pacific Environmental Network
California District Attorneys Association
California Environmental Justice Alliance
Center for Community Action & Environmental Justice
Center for Environmental Health
Center on Race, Poverty & the Environment
Clean Water Action
Communities for a Better Environment
Concerned Neighbors of Wildomar
Environmental Action Committee of West Marin
Environmental Working Group
Pesticide Action Network North America
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay Area
Sierra Club California
Teens Against Toxins
The People’s Senate and Leadership Institute
Worksafe
OPPOSITION: (Verified 8/31/15)
Automotive Specialty Products Alliance
California Business Properties Association
California Cement Manufacturers Environmental Coalition
California Chamber of Commerce
California Manufacturers and Technology Association
California Metals Coalition
California Trucking Association
Chemical Industry Council of California
Clean Harbors Environmental Services, Inc.
Consumer Specialty Products Association
Industrial Environmental Association
Metals Finishing Association of Northern California
Metals Finishing Association of Southern California
U.S. Department of Defense, Region 9
West Coast Chapter, Institute of Scrap Recycling Industries
West Coast Lumber & Building Material Association
Western Plant Health Association
Western States Petroleum Association
ARGUMENTS IN SUPPORT: A coalition of community and environmental organizations including the Center for Community Action & Environmental Justice supported the strengthening of standards for facility permits. Specifically, they assert that, “in practice, once DTSC issues a permit the agency rarely, if ever, uses its authority to revoke or suspend that permit. In fact, a report commissioned by DTSC found that the agency’s permitting program lacked clear objectives and criteria for denying or revoking permits based on past compliance. As a result, numerous hazardous waste facilities across California have continually and repeatedly violated the terms of their permit and threatened the health and safety of nearby residents without any real consequence. These failures disproportionately affect low income communities and communities of color who are already most burdened by toxic pollution.”
ARGUMENTS IN OPPOSITION: A coalition of business groups, including the California Chamber of Commerce voiced concerns related to AB 1075. Specifically, they believe that, "AB 1075 substantially expands DTSC’s existing authority by providing DTSC with “compelling cause” to deny, suspend or revoke hazardous waste permits for mere minor or paperwork violations that pose absolutely no endangerment to the public health, safety or the environment. Specifically, AB 1075 states that a mere violation of any order issued by DTSC to the applicant or permit holder would constitute a violation or noncompliance which, if repeated three times in five years, would provide DTSC with “compelling cause” to deny, suspend, or revoke a permit."
ASSEMBLY FLOOR: 45-28, 5/28/15
AYES: Alejo, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Melendez, Mullin, Nazarian, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Dababneh, Dahle, Beth Gaines, Gallagher, Gatto, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Bloom, Gipson, Gray, Grove, O'Donnell, Ridley-Thomas
Prepared by: Rachel Machi Wagoner / E.Q. / (916) 651-4108
9/1/15 21:30:41
**** END ****
AB 1075 (Alejo) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1075 (Alejo) - Hazardous waste: enforcement.
|
|
Version: June 18, 2015 |
Policy Vote: E.Q. 5 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Marie Liu |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
This bill would create additional considerations and civil penalties on a person who has multiple violations of the Hazardous Waste Control Act.
Fiscal Impact:
Minor if any costs to the Hazardous Waste Control Account (special) for DTSC to administer the additional considerations and civil penalties for persons with multiple violations.
Author Amendments:
Clarification amendments.
Committee Amendments:
Delete the ability for the secretary of CalEPA to review a final permit decision by DTSC.
-- END --
AB 1075 (Alejo) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1075 (Alejo) - Hazardous waste: enforcement.
|
|
Version: June 18, 2015 |
Policy Vote: E.Q. 5 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Marie Liu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill would create additional considerations and civil penalties on a person who has multiple violations of the Hazardous Waste Control Act and would establish a process by which the secretary of the California Environmental Protection Agency (CalEPA) could review a final permit decision by DTSC.
Fiscal Impact:
Minor if any costs to the Hazardous Waste Control Account (special) for DTSC to administer the additional considerations and civil penalties for persons with multiple violations.
Unknown costs, up to $250,000 annually, to the Hazardous Waste Control Account (special) for the secretary of CalEPA to review final permit decisions of DTSC.
Background:
Under the California Hazardous Waste Control Act (act), DTSC is responsible for regulating the handling, transport, and disposal of hazardous waste. DTSC is authorized to deny, suspend, or revoke any permit, registration, or certificate applied for or issued to a person or entity if that person violates the act.
Proposed Law:
This bill would require DTSC to consider, except under specified conditions, three or more violations of specified provisions as a compelling cause to deny, suspend, or revoke a permit, registration, or certificate.
This bill would specify that DTSC can consider any information in determining there is an imminent and substantial endangerment to public health or safety or the environment to temporarily suspend any permit, registration, or certificate.
This bill would establish an additional civil penalty between $5,000 - $50,000 for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations within any consecutive 60 months.
This bill would require the secretary of CalEPA to develop regulations that would establish a process by which the secretary could review a final DTSC permit decision. Through this process, the secretary would be authorized to sustain, reverse, or modify DTSC’s permit decision.
Staff Comments:
This bill would not create new administrative costs for DTSC. However, DTSC notes there are potential unknown costs associated with increased legal costs if a regulated entity takes legal actions to challenge the additional penalties assessed on persons with multiple violations. DTSC also notes potential costs savings should these additional penalties increase compliance.
CalEPA anticipates having up to $250,000 in costs for one attorney and one scientist or analyst to implement the review process of DTSC’s final permit decision, though under Secretary Rodriquez, these costs may be much lower or perhaps minor because he is an attorney who is familiar with an appeals process. Additionally, staff notes that costs would be dependent on the frequency of requests for such reviews, which is unknown at this time.
Proposed Author Amendments:
The author has submitted amendments that would make technical amendments. These amendments will be made while the bill on suspense.
-- END --
AB 1075 (Alejo) Page 6 of 6
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1075
Author: |
Alejo |
||
Version: |
6/18/2015 |
Hearing Date: |
7/15/2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Rachel Machi Wagoner |
||
SUBJECT: Hazardous waste: enforcement.
ANALYSIS:
Existing law:
Under the federal Resource Conservation and Recovery Act (RCRA) of 1976, governs the disposal of hazardous waste:
Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
Under the California Hazardous Waste Control Act (HWCA) of 1972:
Establishes the Hazardous Waste Control program;
Regulates the handling, transport and disposal of hazardous waste and authorizes the Department of Toxic Substances Control (DTSC) to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws.
Authorizes DTSC to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment.
Requires DTSC, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice and requires the hearing to be held without delay and completed as soon as possible.
Requires a petition for judicial review of a final decision of the department to grant, issue, modify, or deny a permit, registration, or certificate be filed no later than 90 days after the date that the notice of final decision is served.
Provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste.
This bill: Establishes standards for what constitutes a repeat, serious hazardous waste facility violation and specifies the enforcement action to be taken by the Department of Toxic Substances Control (DTSC). Specifically, this bill:
Requires DTSC to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity.
Authorizes DTSC to temporarily suspend any permit, registration, or certificate prior to a hearing if DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill repeals the requirement that the hearing be held without delay and completed as soon as possible.
Authorizes a person who filed comments on a draft permit or participated in the public hearing on the draft permit to appeal the department’s decision to the Secretary for Environmental Protection within 30 days, and would authorize the secretary to sustain, reverse, or modify the decision of the department if it was based on a finding of fact or conclusion of law that was clearly erroneous, or if it was based on an important policy consideration that the secretary determines he or she should review. The bill would require that a petition for judicial review be filed within 90 days of the secretary’s final decision.
Imposes upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.
Background
Permitting hazardous waste storage, treatment, and disposal facilities: DTSC is responsible for the review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; providing closure oversight of approved closure plans; issuance and denial of variances; provide assistance to regulated industry on permitting matters; and provide for public involvement.
There are currently 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
CPS HR Consulting Audit. DTSC has undertaken a review of permitting and enforcement processes for hazardous waste facilities. To do this, DTSC contracted for an outside program evaluation by CPS HR Consulting which provided a review of the DTSC permit process in order to develop a standardized process with decision criteria and corresponding standards of performance. The DTSC evaluation included a review and assessment of the current timeliness of decisions, and evaluates the adequacy of program staffing. It will make recommendations for process improvement.
The program analysis of DTSC carried out by CPS HR Consulting of DTSC permitting process found that there has been significant dissatisfaction with the performance of the permitting office, due to the cost and length of time in completing the permit process and a perception that the office does not deny or revoke permits as often as it should to address community concerns. The stakeholders included in the review identified the following major concerns:
The need to create clear and objective criteria for making denial and revocation decisions that are based on valid standards of performance and risk;
A clear standard for violations that would lead to a denial or revocation;
The need for the DTSC to document and measure a "scorecard" of attributes that would be perceived as a "good result" for the permitting program;
The need to identify and measure appropriate permitting process timelines; and,
The need to document, maintain and implement effective financial assurance standards to ensure that facilities can meet their permitted obligations.
The CPS HR Consulting report recommended that DTSC develop a new system of categorizing violations that reflects whether they present an immediate and direct threat to human health and safety, versus a less urgent threat that can be mitigated or resolved through further actions of DTSC. The current definition of “Class I violations,” although mandated by law, includes both violations that pose immediate and direct threats along with many that are relatively low- or long-term threats. Until DTSC has a system to assess violations that can distinguish between significant threats to human health and safety and lesser threats, it will not be able to provide an objective standard to guide its own staff actions and to inform the public that the significant threats have been mitigated through actions such as permit modification, denial or revocation.
Comments
Purpose of Bill. According to the author, “AB 1075 establishes a bright regulatory line for permit denial and revocation. The key feature of AB 1075 is to strengthen the authority of the DTSC by specifying that three or more serious violations during a five-year period results in a clear obligation on DTSC to revoke a hazardous waste facility permit. AB 1075 was developed based on the information gathered at the Environmental Safety and Toxic Materials oversight hearing in September of 2014, where community groups came forward to report on issues in their neighborhood.”
Related/Prior Legislation
SB 812 (de León, 2014) would have required DTSC to adopt regulations by January 1, 2017, to specify conditions for new permits and the renewal of existing permits, as specified, and establishes deadlines for the submission and processing of facility applications, as specified. SB 812 was vetoed by Governor Brown.
SOURCE:
Author
SUPPORT:
Asian Pacific Environmental Network
California District Attorneys Association
California Environmental Justice Alliance
Center for Community Action & Environmental Justice
Center for Environmental Health
Center on Race, Poverty & the Environment
Clean Water Action
Communities for a Better Environment
Concerned Neighbors of Wildomar
Environmental Action Committee of West Marin
Environmental Working Group
Pesticide Action Network North America
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay Area
Sierra Club California
Teens Against Toxins
The People’s Senate and Leadership Institute
Worksafe
OPPOSITION:
Automotive Specialty Products Alliance
California Business Properties Association
California Cement Manufacturers Environmental Coalition
California Chamber of Commerce
California Manufacturers and Technology Association
California Metals Coalition
California Trucking Association
Chemical Industry Council of California
Clean Harbors Environmental Services, Inc.
Consumer Specialty Products Association
Industrial Environmental Association
Metals Finishing Association of Northern California
Metals Finishing Association of Southern California
U.S. Department of Defense, Region 9
West Coast Chapter, Institute of Scrap Recycling Industries
West Coast Lumber & Building Material Association
Western Plant Health Association
Western States Petroleum Association
ARGUMENTS IN SUPPORT:
A coalition of community and environmental organizations including the Center for Community Action & Environmental Justice supported the strengthening of standards for facility permits. Specifically, they assert that, "in practice, once DTSC issues a permit the agency rarely, if ever, uses its authority to revoke or suspend that permit. In fact, a report commissioned by DTSC found that the agency’s permitting program lacked clear objectives and criteria for denying or revoking permits based on past compliance. As a result, numerous hazardous waste facilities across California have continually and repeatedly violated the terms of their permit and threatened the health and safety of nearby residents without any real consequence. These failures disproportionately affect low income communities and communities of color who are already most burdened by toxic pollution.
ARGUMENTS IN OPPOSITION:
A coalition of business groups, including the California Chamber of Commerce voiced concerns related to AB 1075. Specially, they believe that, "AB 1075 substantially expands DTSC’s existing authority by providing DTSC with “compelling cause” to deny, suspend or revoke hazardous waste permits for mere minor or paperwork violations that pose absolutely no endangerment to the public health, safety or the environment. Specifically, AB 1075 states that a mere violation of any order issued by DTSC to the applicant or permit holder would constitute a violation or noncompliance which, if repeated three times in five years, would provide DTSC with “compelling cause” to deny, suspend, or revoke a permit."
-- END --
AB 1075
Page 3
ASSEMBLY THIRD READING
AB 1075
(Alejo)
As Amended May 13, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Environmental Safety |
5-2 |
Alejo, Gonzalez, Gray, McCarty, Ting |
Dahle, Gallagher |
Appropriations |
11-4 |
Gomez, Bloom, Bonta, Calderon, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Wagner |
SUMMARY: Establishes standards for what constitutes a repeat serious hazardous waste facility violation and specifies the enforcement action to be taken by the Department of Toxic Substances Control (DTSC). Specifically, this bill:
Defines a repeating or recurring pattern of violation or noncompliance as a facility operator that has previously been found to be liable for, or convicted of, three or more violations of, or noncompliance with, within a five-year period.
Specifics that violation or noncompliance means an action that creates a significant threat of immediate and acute exposure to hazardous waste or hazardous waste constituents at a facility or offsite from a facility.
Defines a serious violation as including any of the following:
Fire, explosion, or an uncontrolled chemical reaction;
Serious or acute injury or illness;
Violation of any order issued by DTSC to the applicant or holder of the permit; or
Federal or state felony conviction for violations of hazardous waste laws.
Excludes minor violations from violations that would be counted toward the three incident standards.
Provides that DTSC shall consider a repeating or recurring pattern of violation or noncompliance as compelling cause to deny, suspend, or revoke the permit for a hazardous waste facility..
Authorizes DTSC to temporarily suspend a hazardous waste facility permit prior to a hearing, if the DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment.
Imposes an additional civil penalty of not less than $5,000 or more than $50,000 for each day of a serious hazardous waste violation, if the person has been found liable for, or been convicted of, three or more previous violations within any consecutive 60 months.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill would result in minor, if any state costs associated with increased legal work if regulated entities choose not to settle potential violations captured under this bill and instead require DTSC to file a claim in court (Hazardous Waste Control Account). This bill would provide unknown cost savings resulting from increased compliance in order to avoid the additional penalties and repeat violations (Hazardous Waste Control Account).
COMMENTS:
Need for the bill: According to the author, "AB 1075 establishes a bright regulatory line for permit denial and revocation. The key feature of AB 1075 is to strengthen the authority of the Department of Toxic Substance Control (DTSC) by specifying that three or more serious violations during a five-year period results in a clear obligation on DTSC to revoke a hazardous waste facility permit. AB 1075 was developed based on the information gathered at the Environmental Safety and Toxic Materials oversight hearing in September of 2014, where community groups came forward to report on issues in their neighborhood."
Permitting hazardous waste storage, treatment, and disposal facilities: DTSC is responsible for the review of hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; providing closure oversight of approved closure plans; issuance and denial of variances; provide assistance to regulated industry on permitting matters; and provide for public involvement.
There are currently 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
Criticism of the DTSC hazardous waste facility permitting process: A report entitled "Golden Wasteland," prepared by a consumer advocacy organization, issued in February of 2013, was critical of the DTSC hazardous waste permitting and enforcement process. According the report, DTSC settled cases out of court with facility operators, levies ineffective fines, and fails to develop and refer cases for prosecution. It asserted that DTSC often awards permits without environmental review, and it has not revoked the permit of a serial violator of environmental laws in more than 15 years.
DTSC has undertaken a review of permitting and enforcement processes for hazardous waste facilities. To do this, DTSC contracted for an outside program evaluation by CPS HR Consulting which provided a review of the DTSC permit process in order to develop a standardized process with decision criteria and corresponding standards of performance. The DTSC evaluation included a review and assessment of the current timeliness of decisions, and evaluates the adequacy of program staffing.
The program analysis of DTSC carried out by CPS HR Consulting of DTSC permitting process found that there has been significant dissatisfaction with the performance of the permitting office, due to the cost and length of time in completing the permit process and a perception that the office does not deny or revoke permits as often as it should to address community concerns.
Creating a bright line for regulatory action on hazardous waste facility permits: The CPS HR Consulting report recommended that DTSC develop a new system of categorizing violations that reflects whether they present an immediate and direct threat to human health and safety, versus a less urgent threat that can be mitigated or resolved through further actions of DTSC. The current definition of "Class I violations," although mandated by law, includes both violations that pose immediate and direct threats along with many that are relatively low- or long-term threats. Until the DTSC has a system to asses violations that can distinguish between significant threats to human health and safety and lesser threats, it will not be able to provide an objective standard to guide its own staff actions and to inform the public that the significant threats have been mitigated through actions such as permit modification, denial or revocation.
Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0000478
AB 1075
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1075
(Alejo) – As Amended May 13, 2015
Policy Committee: |
Environmental Safety and Toxic Materials |
Vote: |
5 - 2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes standards for what constitutes a repeat serious hazardous waste facility violation and specifies the enforcement action to be taken by the Department of Toxic Substances Control (DTSC). Specifically, this bill:
Requires DTSC to consider three or more violations or noncompliance for which a facility operator has been found liable or has been convicted within a five-year period as a compelling cause to deny, suspend, or revoke operating permits. Exempts third violations or noncompliances if DTSC finds extraordinary circumstances exist, including if the revocation would endanger public health or safety or the environment.
Defines a serious violation as including any of the following:
Fire, explosion, or an uncontrolled chemical reaction;
Serious or acute injury or illness;
Violation of any order issued by DTSC to the applicant or holder of the permit; or
Federal or state felony conviction for violations of hazardous waste laws.
Authorizes DTSC to temporarily suspend a hazardous waste facility if DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment as specified.
Imposes an additional civil penalty of not less than $5,000, or more than $50,000, for each day of a serious hazardous waste violation, if the person has been found liable for, or been convicted of, 2 or more previous violations within any consecutive 60 months.
FISCAL EFFECT:
Minor, if any state costs associated with increased legal work if regulated entities choose not to settle potential violations captured under the bill and instead require DTSC to file a claim in court (Hazardous Waste Control Account).
Potential unknown cost savings resulting from increased compliance in order to avoid the additional penalties and repeat violations (Hazardous Waste Control Account).
COMMENTS:
Purpose. According to the author, this bill establishes a bright regulatory line for permit denial and revocation. This bill strengthens the authority of DTSC by specifying that three or more serious violations during a five-year period result in a clear obligation to revoke a hazardous waste facility permit.
Background. Existing federal law requires owners and operators of facilities that treat, store, or dispose of hazardous waste to obtain an operating permit pursuant to the Resource Conservation and Recovery Act (RCRA).
The California Hazardous Waste Control Act requires facilities handling hazardous waste to obtain a permit from DTSC.
DTSC is responsible for the review and issuance of RCRA and non-RCRA hazardous waste permits. There are currently 118 DTSC-permitted hazardous waste facilities in California including: 44 storage sites; 43 treatment facilities; three disposal sites; and 28 post-closure sites.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
AB 1075
Page 5
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1075
(Alejo) – As Introduced February 27, 2015
SUBJECT: Hazardous waste: Enforcement
SUMMARY: Establishes standards for what constitutes a repeat serious hazardous waste facility violation and specifies the enforcement action to be taken by the Department of Toxic Substances Control (DTSC). Specifically, this bill:
Defines a repeating or recurring pattern of violation or noncompliance as a facility operator that has previously been found to be liable for, or convicted of, two or more violations of, or noncompliance with, within a five-year period.
Specifics that violation or noncompliance means an action that creates a significant threat of immediate and acute exposure to hazardous waste or hazardous waste constituents at a facility or offsite from a facility.
Defines a serious violation as including any of the following:
Fire, explosion, or an uncontrolled chemical reaction;
Serious or acute injury or illness;
Violation of any order issued by DTSC to the applicant or holder of the permit; or
Federal or state felony conviction for violations of hazardous waste laws.
Provides that DTSC shall consider a repeating or recurring pattern of violation or noncompliance as compelling cause to deny, suspend, or revoke the permit for a hazardous waste facility.
Provides that if DTSC finds that extraordinary circumstances exist, including that a denial, suspension, or revocation of a permit would endanger the public health or safety or the environment then the facility would not be subject to permit revocation.
Authorizes DTSC to temporarily suspend a hazardous waste facility permit prior to a hearing, if the DTSC determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment.
Imposes an additional civil penalty of not less than $5,000 or more than $50,000 for each day of a serious hazardous waste violation, if the person has been found liable for, or been convicted of, 2 or more previous violations within any consecutive 60 months.
EXISTING FEDERAL LAW:
Requires owners and operators of facilities that treat, store, or dispose of hazardous waste to obtain an operating permit pursuant to the Resource Conservation and Recovery Act (RCRA).
Authorizes, by the United States Environmental Protection Agency (US/EPA), DTSC to be the lead agency for enforcing the provisions of RCRA. As an authorized state, California's regulations to be consistent with, and at least as strict as, the federal regulations.
EXISTING STATE LAW: Pursuant to the Hazardous Waste Control Act, (Chapter 6.5 of Health and Safety Code):
Requires any person who stores, treats, or disposes of hazardous waste to obtain a hazardous waste facility permit from DTSC.
Requires hazardous waste facilities to operate subject to permits issued by DTSC and which are in accordance with applicable federal law, including RCRA.
Requires DTSC to issue a hazardous waste facilities permit for a fixed term, which is prohibited from exceeding ten years, for any land disposal facility, storage facility, incinerator, or other treatment facility.
Defines a “Class I violation” as any deviation from the requirements of a permit that represents a significant threat to human health or safety or the environment based on one of the following:
The volume of the waste;
The relative hazardousness of the waste; or
The proximity of the population at risk.
FISCAL EFFECT: Not known.
COMMENTS:
Need for the bill: According to the author, "AB 1075 establishes a bright regulatory line for permit denial and revocation. The key feature of AB 1075 is to strengthen the authority of the Department of Toxic Substance Control (DTSC) by specifying that three or more serious violations during a five-year period results in a clear obligation on DTSC to revoke a hazardous waste facility permit. AB 1075 was developed based on the information gathered at the Environmental Safety and Toxic Materials oversight hearing in September of 2014, where community groups came forward to report on issues in their neighborhood."
Permitting hazardous waste storage, treatment, and disposal facilities: DTSC is responsible for the review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; providing closure oversight of approved closure plans; issuance and denial of variances; provide assistance to regulated industry on permitting matters; and provide for public involvement.
There are currently 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
Criticism of the DTSC hazardous waste facility permitting process: A report entitled "Golden Wasteland," prepared by a consumer advocacy organization, issued in February of 2013, was critical of the DTSC hazardous waste permitting and enforcement process. According the report, DTSC settled cases out of court with facility operators, levies ineffective fines, and fails to develop and refer cases for prosecution. It asserted that DTSC often awards permits without environmental review, and it has not revoked the permit of a serial violator of environmental laws in more than 15 years.
DTSC has undertaken a review of permitting and enforcement processes for hazardous waste facilities. To do this, DTSC contracted for an outside program evaluation by CPS HR Consulting which provided a review of the DTSC permit process in order to develop a standardized process with decision criteria and corresponding standards of performance. The DTSC evaluation included a review and assessment of the current timeliness of decisions, and evaluates the adequacy of program staffing. It will make recommendations for process improvement.
The program analysis of DTSC carried out by CPS HR Consulting of DTSC permitting process found that there has been significant dissatisfaction with the performance of the permitting office, due to the cost and length of time in completing the permit process and a perception that the office does not deny or revoke permits as often as it should to address community concerns. The stakeholders included in the review identified the following major concerns:
The need to create clear and objective criteria for making denial and revocation decisions that are based on valid standards of performance and risk;
A clear standard for violations that would lead to a denial or revocation;
The need for the DTSC to document and measure a "scorecard" of attributes that would be perceived as a "good result" for the permitting program;
The need to identify and measure appropriate permitting process timelines; and,
The need to document, maintain and implement effective financial assurance standards to ensure that facilities can meet their permitted obligations.
Creating a bright line for regulatory action on hazardous waste facility permits: The CPS HR Consulting report recommended that DTSC develop a new system of categorizing violations that reflects whether they present an immediate and direct threat to human health and safety, versus a less urgent threat that can be mitigated or resolved through further actions of DTSC. The current definition of “Class I violations,” although mandated by law, includes both violations that pose immediate and direct threats along with many that are relatively low- or long-term threats. Until the DTSC has a system to asses violations that can distinguish between significant threats to human health and safety and lesser threats, it will not be able to provide an objective standard to guide its own staff actions and to inform the public that the significant threats have been mitigated through actions such as permit modification, denial or revocation.
Arguments in support: A coalition of community and environmental organizations including the Center for Community Action & Environmental Justice supported the strengthening of standards for facility permits. Specifically, they found that, "in practice, once DTSC issues a permit the agency rarely, if ever, uses its authority to revoke or suspend that permit. In fact, a report commissioned by DTSC found that the agency’s permitting program lacked clear objectives and criteria for denying or revoking permits based on past compliance. As a result, numerous hazardous waste facilities across California have continually and repeatedly violated the terms of their permit and threatened the health and safety of nearby residents without any real consequence. These failures disproportionately affect low income communities and communities of color who are already most burdened by toxic pollution.
Arguments in opposition: A coalition of business groups, including the California Chamber of Commerce voiced concerns related to AB 1075. Specially, they report that, "AB 1075 substantially expands DTSC’s existing authority by providing DTSC with “compelling cause” to deny, suspend or revoke hazardous waste permits for mere minor or paperwork violations that pose absolutely no endangerment to the public health, safety or the environment. Specifically, AB 1075 states that a mere violation of any order issued by DTSC to the applicant or permit holder would constitute a violation or noncompliance which, if repeated three times in five years, would provide DTSC with “compelling cause” to deny, suspend, or revoke a permit."
PRIOR LEGISLATION:
SB 712 (Lara) Chapter 833, Statutes of 2014. Established deadlines for DTSC to take final action on permit applications from hazardous waste facilities operating under an interim status grant.
AB 1330 (John A. Pérez) 2014. Would have increased the coordination and enforcement of environmental protection laws by DTSC and CalEPA, and increased funding for environmental improvements specifically for environmental justice communities. Held on the Senate Floor.
SB 812 (De Leon) 2014. Would have modifies the permitting process for hazardous waste facilities and the public participation requirements for DTSC. Vetoed by Governor Brown.
REGISTERED SUPPORT / OPPOSITION:
Support
Asian Pacific Environmental Network
California District Attorneys Association
California Environmental Justice Alliance
Center for Community Action & Environmental Justice
Center on Race, Poverty & the Environment
Clean Water Action
Communities for a Better Environment
Concerned Neighbors of Wildomar
Environmental Action Committee of West Marin
Environmental Working Group
Pesticide Action Network North America
Physicians for Social Responsibility – Los Angeles
Teens Against Toxins
The People’s Senate and Leadership Institute
Opposition
Automotive Specialty Products Alliance
California Business Properties Association
California Cement Manufacturers Environmental Coalition
California Chamber of Commerce
California Manufacturers and Technology Association
California Metals Coalition
Chemical Industry Council of California
Clean Harbors Environmental Services, Inc.
Consumer Specialty Products Association
Metals Finishing Association of Northern California
Metals Finishing Association of Southern California
U.S. Department of Defense, Region 9
West Coast Chapter, Institute of Scrap Recycling Industries
West Coast Lumber & Building Material Association
Western Plant Health Association
Western States Petroleum Association
Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965
Bill Author
Bill Co-Author(s):