BILL NUMBER: SB 654AMENDED BILL TEXT AMENDED IN ASSEMBLY SEPTEMBER 2, 2015 AMENDED IN SENATE JUNE 2, 2015 AMENDED IN SENATE APRIL 21, 2015 INTRODUCED BY Senator De Len FEBRUARY 27, 2015 An act to amend Section 25200 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGEST SB 654, as amended, De Len. Hazardous waste: facilities permitting. (1) Existing law, as part of the hazardous waste control law, requires facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of a facility intending to renew the facility's permit to submit a complete Part A application for a permit renewal prior to the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law requires the department to issue a permit if the facility meets specified requirements. A violation of the hazardous waste control law is a crime. This bill would instead require the owner or operator of a facility to submit complete Part A and Part B applications for a permit renewal at least 2 years prior to the expiration date of the permit. The bill would provide that, when a complete renewal application has been submitted before the end of a permit's fixed term, the permit shall be deemed extended for a period not to exceed 36 months until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. The bill would specify alternative timelines and rules relating to renewal for permits that expire before January 1, 2019. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25200 of the Health and Safety Code is amended to read: 25200. (a) The department shall issue hazardous waste facilities permits to use and operate one or more hazardous waste management units at a facility that in the judgment of the department meet the building standards published in the State Building Standards Code relating to hazardous waste facilities and the other standards and requirements adopted pursuant to this chapter. The department shall impose conditions on each hazardous waste facilities permit specifying the types of hazardous wastes that may be accepted for transfer, storage, treatment, or disposal. The department may impose any other conditions on a hazardous waste facilities permit that are consistent with the intent of this chapter. (b) The department may impose, as a condition of a hazardous waste facilities permit, a requirement that the owner or operator of a hazardous waste facility that receives hazardous waste from more than one producer comply with any order of the director that prohibits the facility operator from refusing to accept a hazardous waste based on geographical origin that is authorized to be accepted and may be accepted by the facility without extraordinary hazard. (c) (1) (A) A hazardous waste facilities permit issued by the department shall be for a fixed term, which shall not exceed 10 years for any land disposal facility, storage facility, incinerator, or other treatment facility. (B) (i) The owner or operator of a facility intending to extend the term of the facility's permit shall submit complete Part A and Part B applications for a permit renewal at least two years prior to the expiration date of the permit. Any other relevant information shall be submitted as and when requested by the department. A copy of an application for a permit renewal shall also be submitted to the independent review panel established within the department pursuant to Section 57014. (ii) Notwithstanding clause (i), the owner or operator of a facility intending to extend the term of a permit that expires before January 1, 2018, shall submit complete Part A and Part B applications for a permit renewal before January 1, 2018. (C) (i) To the extent not inconsistent with the federal act, when an owner or operator satisfies clause (ii) of subparagraph (B), or a complete renewal application, and any other requested information, has been submitted before the end of a permit's fixed term, the permit shall be deemed extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal, except that this extension shall not exceed 36 months. (ii) Notwithstanding clause (i), for a facility with a permit that expires before January 1, 2016, and for which an application for a permit renewal has been submitted before January 1, 2016, the permit shall be deemed extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal, except that this extension shall not extend beyond December 31, 2018. (D) This section does not limit or restrict the department's authority to impose any additional or different conditions on an extended permit that are necessary to protect human health and the environment. (E) In adopting new conditions for an extended permit, the department shall follow the applicable permit modification procedures specified in this chapter and the regulations adopted pursuant to this chapter. (F) When prioritizing pending renewal applications for processing and in determining the need for any new conditions on an extended permit, the department shall consider any input received from the public. (2) The department shall review each hazardous waste facilities permit for a land disposal facility five years after the date of issuance or reissuance, and shall modify the permit, as necessary, to ensure that the facility continues to comply with the currently applicable requirements of this chapter and the regulations adopted pursuant to this chapter. (3) This subdivision does not prohibit the department from reviewing, modifying, or revoking a permit at any time during its term. (d) (1) When reviewing an application for a permit renewal, the department shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations. (2) Each permit issued or renewed under this section shall contain the terms and conditions that the department determines necessary to protect human health and the environment. (e) A permit issued pursuant to the federal act by the Environmental Protection Agency in the state for which no state hazardous waste facilities permit has been issued shall be deemed to be a state permit enforceable by the department until a state permit is issued. In addition to complying with the terms and conditions specified in a federal permit deemed to be a state permit pursuant to this section, an owner or operator who holds that permit shall comply with the requirements of this chapter and the regulations adopted by the department to implement this chapter. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.