BILL NUMBER: SB 712 CHAPTERED
BILL TEXT
CHAPTER 833
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY JUNE 19, 2014
AMENDED IN SENATE JANUARY 17, 2014
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to add Sections 25186.2.5 and 25200.7.5 to the Health and
Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 712, Lara. Hazardous waste facility: permitting: interim
status.
Existing law requires the facilities handling hazardous waste to
obtain a permit from the Department of Toxic Substances Control.
Existing law authorizes a hazardous waste facility in existence on a
specified date or on the effective date of any statute or regulation
that subjects the facility to the hazardous waste permitting
requirements to continue to operate under a grant of interim status
pending the review and decision of the department on the permit
application.
This bill would require the department, on or before December 31,
2015, to issue a final permit decision on an application for a
hazardous waste facilities permit that is submitted by a facility
operating under a grant of interim status on or before January 1,
1986, by either issuing a final permit or a final denial of the
application. The bill would, except as specified, terminate the grant
of interim status for such a facility on December 31, 2015, or on
the date on which the department issues a final permit decision on
the application, whichever is earlier. For other facilities granted
interim status, the bill would terminate that status, at times
determined based on specified factors.
Existing law authorizes the department to temporarily suspend a
permit, registration, or certificate before a hearing if the
department determines that the action is necessary to prevent or
mitigate an imminent and substantial danger to the public health and
the environment.
This bill would authorize the temporary suspension of a facility
operating under an expired permit that has been extended because of a
pending renewal application or under an interim status if the
department determines that the action is necessary to prevent or
mitigate a risk to the public health and the environment.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California's public health and environmental protection
programs, policies, and activities should be conducted in a manner
that promotes equity and affords fair treatment, accessibility, and
protection for all residents, regardless of race, age, culture,
income, or geographic location.
(2) California needs to provide the greatest level of attention
and protection to those communities that are at the greatest risk
from those impacts.
(3) It is the mission of the California Department of Toxic
Substances Control to protect Californians and the environment of
California from harmful effects of toxic substances.
(4) The department ensures that hazardous waste facilities comply
with public health and safety requirements through regulations and
permitting and inspection programs.
(5) Central to the regulation of hazardous waste facilities is
ensuring that entities that operate these facilities comply with
applicable laws and regulations, that facilities are operating under
proper permits, and that entities that frequently fail to comply with
applicable laws and regulations and pose a risk to public health and
safety are not given new or renewed hazardous waste facilities
permits.
(6) For a full permit, a facility should submit an application,
which is subject to a detailed technical review by the department, a
45-day public comment period, and a public hearing, and should comply
with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code). Full
permits should be renewed every 10 years, and permitted facilities
are subject to regular inspection by the department.
(7) One facility has been operating under an interim status permit
since 1985 and has repeatedly been found to have polluted the
surrounding environment and community with dangerously high levels of
lead and arsenic.
(8) Lead and arsenic are known carcinogens that increase the risk
of skin, lung, and lymphatic cancer, and can cause developmental
harm, damage to the nervous system, and damage reproductive health.
(b) It is the intent of the Legislature to identify, protect, and
defend overburdened communities that suffer from asthma, cancers, and
other illnesses born from heavy industrial pollution and to ensure
increased public participation from affected communities in the
governmental decisionmaking process.
SEC. 2. Section 25186.2.5 is added to the Health and Safety Code,
to read:
25186.2.5. The department may temporarily suspend the operation
of a facility operating under an expired permit that has been
extended pursuant to subparagraph (B) of paragraph (1) of subdivision
(c) of Section 25200 or an interim status pursuant to Section
25200.5 prior to a hearing if the department determines that the
action is necessary to prevent or mitigate a risk to the public
health or safety or the environment. The department shall notify the
owner and operator of the facility of the temporary suspension and
the effective date of the temporary suspension 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 owner or
operator of the facility, 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. Section 25200.7.5 is added to the Health and Safety Code,
to read:
25200.7.5. (a) On or before December 31, 2015, the department
shall issue a final permit decision on an application for a hazardous
waste facilities permit submitted to the department by a facility
operating under a grant of interim status pursuant to Section 25200.5
on or before January 1, 1986, by either issuing a final permit
pursuant to the application or a final denial of application.
(b) Interim status granted pursuant to Section 25200.5 for a
facility described in subdivision (a) shall terminate on December 31,
2015, or on the date on which the department issues a final permit
decision on the application for a hazardous waste facilities permit,
whichever is earlier. If a person petitions the department for review
of a final permit decision to approve a hazardous waste facilities
permit or a facility currently operating under interim status, then
the interim status shall not terminate until final administrative
disposition of the petition, even if the final administrative
disposition occurs after December 31, 2015.
(c) Except as provided in subdivision (b), interim status granted
for a facility before January 1, 2015, shall terminate on January 1,
2020, or on the date on which the department issues a final permit
decision on the application for a hazardous waste facilities permit,
whichever is earlier.
(d) Interim status granted for a facility on or after January 1,
2015, shall terminate five years from the date on which the interim
status is granted or on the date on which the department issues a
final permit decision on the application for a hazardous waste
facilities permit, whichever is earlier.