BILL NUMBER: SB 612 CHAPTERED
BILL TEXT
CHAPTER 452
FILED WITH SECRETARY OF STATE OCTOBER 2, 2015
APPROVED BY GOVERNOR OCTOBER 2, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY JUNE 23, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Jackson
FEBRUARY 27, 2015
An act to amend Sections 25270.2, 25270.3, 25270.4.1, 25270.4.5,
25270.5, 25270.6, 25270.9, 25281, 25404, 25505, 25507, 25507.2,
25508.1, 25531.2, and 118330 of, and to add Section 25158.1 to, the
Health and Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 612, Jackson. Hazardous materials.
(1) Existing law requires the Department of Toxic Substances
Control to establish programs for and regulate hazardous waste source
reduction. Existing law requires the department to prepare, adopt,
and revise, when appropriate, a listing of the wastes that are
determined to be hazardous, and a listing of the wastes that are
determined to be extremely hazardous. Existing law requires the
department to develop, and adopt by regulation, criteria and
guidelines for the identification of hazardous wastes and extremely
hazardous wastes and requires that any waste that conforms to the
criteria be managed in accordance with permits, orders, and
regulations issued by the department. Existing law requires the
department to adopt, and revise when appropriate, standards and
regulations for the management of hazardous wastes to protect against
hazards to the public health, to domestic livestock, to wildlife, or
to the environment. Pursuant to this authority, the department has
adopted regulations establishing standards for generators of
hazardous wastes and establishing standards for owners and operators
of hazardous waste transfer, treatment, storage, and disposal
facilities.
This bill would require that a generator of hazardous waste
include all hazardous waste that it has generated in any month,
except for universal wastes, as defined, when computing whether it is
required to comply with specified regulatory requirements. The bill
would require the department to adopt regulations by December 1,
2016, incorporating instructions to hazardous waste generators
implementing this requirement.
(2) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. Existing law requires every
county to apply to the secretary to be certified to implement the
unified program and allows a city or local agency to implement the
unified program as a unified program agency, or UPA. Existing law
requires the Office of Emergency Services to adopt, after public
hearing and consultation with the Office of the State Fire Marshal
and other appropriate public entities, regulations for minimum
standards for business plans and area plans, and requires all
business plans and area plans to meet the standards adopted by the
Office of Emergency Services.
Existing law requires a business handling hazardous materials, as
specified, to establish and implement a business plan for emergency
response to a release or threatened release of a hazardous material
in accordance with the standards prescribed in the regulations
adopted by the Office of Emergency Services. The business plan is
required to contain specified information, including a site map that
contains north orientation, loading areas, internal roads, adjacent
streets, storm and sewer drains, access and exit points, emergency
shutoffs, evacuation staging areas, hazardous material handling and
storage areas, and emergency response equipment.
This bill would additionally require the site map to include
additional map requirements required by the UPA pursuant to an
ordinance.
Existing law makes the knowing violation of the business plan
requirements a crime.
This bill, by expanding the requirements for a business plan,
would impose a state-mandated local program by expanding the
application of a crime.
This bill would make additional legislative findings and
declarations relative to the unified program.
(3) The Aboveground Petroleum Storage Act defines, for purposes of
the act, an "aboveground storage tank" as a tank that has the
capacity to store 55 gallons or more of petroleum and that is
substantially or totally above the surface of the ground and a tank
in an underground area, as defined, except for certain types of tanks
and vessels, as specified.
This bill would exclude from the definition of "aboveground
storage tank" a tank or tank facility located on and operated by a
farm that is exempt from specified federal spill prevention, control,
and countermeasure requirements. The bill would revise the
definition of a "tank in an underground area." This bill would
provide that a tank in an underground area that is subject to
aboveground tank regulation, as specified, is not subject to
regulation pursuant to laws specific to underground storage tanks.
Existing law requires the unified program agencies (UPAs) to
implement the Aboveground Petroleum Storage Act in accordance with
regulations adopted by the Office of the State Fire Marshal and
authorizes the Office of the State Fire Marshal to adopt these
regulations.
This bill would require the Office of the State Fire Marshal to
adopt these regulations.
Except for certain tank facilities located on farms, nurseries,
logging sites, or construction sites, the Aboveground Petroleum
Storage Act requires each owner or operator of a storage tank at a
tank facility to prepare a spill prevention control and
countermeasure plan and to conduct periodic inspections of the
storage tank.
This bill would revise the above-described exception to the plan
and inspection requirements to additionally require that the tank
facility be operated by the farm, nursery, logging site, or
construction site. The bill would require that the plan apply good
engineering practices to prevent petroleum releases, as specified.
(4) Existing law generally regulates the storage of hazardous
substances in underground storage tanks and requires underground
storage tanks that are used to store hazardous substances and that
are installed after January 1, 1984, to meet certain requirements and
obtain a permit from the UPA.
This bill would revise the definition of "storage" and "store" for
purposes of the regulation of the storage of hazardous substances in
underground storage tanks, to exempt storage that is in compliance
with specified alternative laws for the regulation of hazardous
materials.
This bill would make other changes to the hazardous materials
laws.
(5) The existing Medical Waste Management Act regulates the
disposal of medical waste. Existing law authorizes a local agency to
adopt a medical waste management program and be designated by the
State Department of Public Health to, among other things, issue
medical waste registrations and permits and inspect medical waste
generators and treatment facilities, and requires the local agency,
if it elects to adopt such a program, to notify that department.
Under existing law, if the local agency chooses not to adopt a
medical waste management program or if the State Department of Public
Health withdraws its designation, the State Department of Public
Health is the enforcement agency. Under existing law, whenever the
enforcement agency determines that a violation or threatened
violation of the act has resulted, or is likely to result, in a
release of medical waste into the environment, the agency is
authorized to issue an order to the responsible person specifying a
schedule for compliance or imposing an administrative penalty of not
more than $1,000 per violation.
This bill would authorize the imposition of an administrative
penalty of up to $5,000. The bill would also establish a process, not
applicable to the State Department of Public Health, for the
enforcement agency to set the amount of the administrative penalty
and would establish a process for a person who is assessed the
administrative penalty to challenge the facts of the order and the
amount of the penalty, including a hearing and appeal. The bill would
apply certain other procedures regarding the issuance of an order or
the imposition of an administrative penalty if the State Department
of Public Health is the enforcement agency. The bill would require
that a provision of an order, except the imposition of an
administrative penalty, take effect upon issuance by the enforcement
agency if the enforcement agency finds that the violation or
violations of law associated with that provision may pose an imminent
and substantial danger to the public health or safety or the
environment.
(6) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25158.1 is added to the Health and Safety Code,
to read:
25158.1. (a) When making the quantity determinations for purposes
of Section 66262.34 of Title 22 of Division 4.5 of the California
Code of Regulations, as it may be amended consistent with this code,
a generator shall include all hazardous waste that it has generated
in any month, except for universal wastes managed pursuant to the
requirements of Chapter 23 (commencing with Section 66273.1) of
Division 4.5 of Title 22 of the California Code of Regulations.
(b) By December 1, 2016, the department shall adopt regulations
incorporating the instructions to hazardous waste generators in
subdivision (a) into its implementing regulations.
SEC. 2. Section 25270.2 of the Health and Safety Code is amended
to read:
25270.2. For purposes of this chapter, the following definitions
apply:
(a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum that is
substantially or totally above the surface of the ground, except
that, for purposes of this chapter, "aboveground storage tank" or
"storage tank" includes a tank in an underground area. "Aboveground
storage tank" does not include any of the following:
(1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
(2) A tank containing hazardous waste or extremely hazardous
waste, as respectively defined in Sections 25117 and 25115, if the
Department of Toxic Substances Control has issued the person owning
or operating the tank a hazardous waste facilities permit for the
storage tank.
(3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
(4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
(A) The equipment contains less than 10,000 gallons of dielectric
fluid.
(B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
(5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations and that does not meet the definition
of a tank in an underground area.
(6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, as set forth in Appendix A to
Part 112 (commencing with Section 112.1) of Subchapter D of Chapter
I of Title 40 of the Code of Federal Regulations.
(7) A tank or tank facility located on and operated by a farm that
is exempt from the federal spill prevention, control, and
countermeasure rule requirements pursuant to Part 112 (commencing
with Section 112.1) of Subchapter D of Chapter I of Title 40 of the
Code of Federal Regulations.
(b) "Board" means the State Water Resources Control Board.
(c) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 to 25404.2, inclusive, to implement and enforce the
requirements of this chapter.
(B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
(C) This paragraph does not limit the authority or responsibility
granted to the office, the board, and the regional boards by this
chapter.
(d) "Office" means the Office of the State Fire Marshal.
(e) "Operator" means the person responsible for the overall
operation of a tank facility.
(f) "Owner" means the person who owns the tank facility or part of
the tank facility.
(g) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
(h) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
(i) "Regional board" means a California regional water quality
control board.
(j) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
(k) "Secretary" means the Secretary for Environmental Protection.
( l ) "Storage" or "store" means the containment,
handling, or treatment of petroleum, for a period of time, including
on a temporary basis.
(m) "Storage capacity" means the aggregate capacity of all
aboveground storage tanks at a tank facility.
(n) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
(1) The pipe is within the dike or containment area.
(2) The pipe is between the containment area and the first flange
or valve outside the containment area.
(3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.
(4) The pipe is connected to a tank in an underground area.
(o) (1) "Tank in an underground area" means a storage tank to
which all of the following apply:
(A) The storage tank is located in a structure that is at least 10
percent below the ground surface, including, but not limited to, a
basement, cellar, shaft, pit, or vault.
(B) The structure in which the storage tank is located, at a
minimum, provides for secondary containment of the contents of the
tank, piping, and ancillary equipment, until cleanup occurs. A
shop-fabricated double-walled storage tank with a mechanical or
electronic device used to detect leaks in the interstitial space
meets the requirement for secondary containment of the contents of
the tank.
(C) The storage tank meets one or more of the following
conditions:
(i) The storage tank contains petroleum to be used or previously
used as a lubricant or coolant in a motor engine or transmission,
oil-filled operational equipment, or oil-filled manufacturing
equipment, is situated on or above the surface of the floor, and the
structure in which the tank is located provides enough space for
direct viewing of the exterior of the tank except for the part of the
tank in contact with the surface of the floor.
(ii) The storage tank only contains petroleum that is determined
to be a hazardous waste, complies with the hazardous waste tank
standards pursuant to Article 10 (commencing with Section 66265.190)
of Chapter 15 of Title 22 of the California Code of Regulations as it
may be amended, and the tank facility has been issued a unified
program facility permit pursuant to Section 25404.2 for generation,
treatment, accumulation, or storage of hazardous waste.
(iii) The storage tank contains petroleum and is used solely in
connection with a fire pump or an emergency system, legally required
standby system, or optional standby system as defined in the most
recent version of the California Electrical Code (Section 700.2 of
Article 700, Section 701.2 of Article 701, and Section 702.2 of
Article 702, of Chapter 7 of Part 3 of Title 24 of the California
Code of Regulations), is situated on or above the surface of the
floor, and the structure in which the tank is located provides enough
space for direct viewing of the exterior of the tank except for the
part of the tank in contact with the surface of the floor.
(iv) The storage tank does not meet the conditions in clauses (i),
(ii), or (iii), but meets all of the following conditions:
(I) It contains petroleum.
(II) It is situated on or above the surface of the floor.
(III) The structure in which the tank is located provides enough
space for direct viewing of the exterior of the tank, except for the
part of the tank in contact with the surface of the floor, and all
piping connected to the tank, including any portion of a vent line,
vapor recovery line, or fill pipe that is beneath the surface of the
ground, and all ancillary equipment, can either be visually inspected
by direct viewing or has both secondary containment and leak
detection that meet the requirements of the regulations adopted by
the office pursuant to Section 25270.4.1.
(2) For a shop-fabricated double-walled storage tank, direct
viewing of the exterior of the tank is not required under paragraph
(1) if inspections of the interstitial space are performed or if it
has a mechanical or electronic device that will detect leaks in the
interstitial space.
(3) (A) A storage tank in an underground area is not subject to
Chapter 6.7 (commencing with Section 25280) if the storage tank meets
the definition of a tank in an underground area, as provided in
paragraph (1) and, except as specified in subparagraph (B), the
regulations that apply to all new and existing tanks in underground
areas and buried piping connected to tanks in underground areas have
been adopted by the office pursuant to Section 25270.4.1.
(B) A storage tank meeting the description of clause (i) of
subparagraph (C) of paragraph (1) shall continue to be subject to
this chapter, and excluded from the definition of an underground
storage tank in Chapter 6.7 (commencing with Section 25280), before
and after the date the regulations specific to tanks in underground
areas have been adopted by the office.
(p) "Viewing" means visual inspection, and "direct viewing" means,
in regard to a storage tank, direct visual inspection of the
exterior of the tank, except for the part of the tank in contact with
the surface of the floor, and, where applicable, the entire length
of all piping and ancillary equipment, including all exterior
surfaces, by a person or through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment.
SEC. 3. Section 25270.3 of the Health and Safety Code is amended
to read:
25270.3. A tank facility is subject to this chapter if any of the
following apply:
(a) The tank facility is subject to the oil pollution prevention
regulations specified in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(b) The tank facility has a storage capacity of 1,320 gallons or
more of petroleum.
(c) The tank facility has a storage capacity of less than 1,320
gallons of petroleum and has one or more tanks in an underground area
meeting the conditions specified in paragraph (1) of subdivision (o)
of Section 25270.2. If this subdivision is applicable, only tanks
meeting the conditions specified in paragraph (1) of subdivision (o)
of Section 25270.2 shall be included as storage tanks and subject to
this chapter.
SEC. 4. Section 25270.4.1 of the Health and Safety Code is amended
to read:
25270.4.1. (a) The office shall adopt regulations implementing
this chapter. The office shall also provide interpretation of this
chapter to the UPAs, and oversee the implementation of this chapter
by the UPAs.
(b) The office shall establish an advisory committee that includes
representatives from regulated entities, appropriate trade
associations, fire service organizations, federal, state, and local
organizations, including UPAs, and other interested parties. The
advisory committee shall act in an advisory capacity to the office in
conducting its responsibilities.
(c) The office shall, in addition to any other requirements
imposed pursuant to this chapter, train UPAs, ensure consistency with
state law, to the maximum extent feasible, ensure consistency with
federal enforcement guidance issued by federal agencies pursuant to
subdivision (d), and support the UPAs in providing outreach to
regulated persons regarding compliance with current local, state, and
federal regulations relevant to the office's obligations under this
chapter.
(d) Any regulation adopted by the office pursuant to this section
shall ensure consistency with the requirements for spill prevention,
control, and countermeasure plans under Part 112 (commencing with
Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code
of Federal Regulations, and shall include any more stringent
requirements necessary to implement this chapter.
SEC. 5. Section 25270.4.5 of the Health and Safety Code is amended
to read:
25270.4.5. (a) Except as provided in subdivision (b), each owner
or operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan applying good engineering practices to prevent petroleum
releases using the same format required by Part 112 (commencing with
Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code
of Federal Regulations, including owners and operators of tank
facilities not subject to the general provisions in Section 112.1 of
those regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
ensure compliance with Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations. In implementing the spill prevention control and
countermeasure plan, each owner or operator specified in this
subdivision shall fully comply with the latest version of the
regulations contained in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(b) A tank facility located on and operated by a farm, nursery,
logging site, or construction site is not subject to subdivision (a)
if no storage tank at the location exceeds 20,000 gallons and the
cumulative storage capacity of the tank facility does not exceed
100,000 gallons. Unless excluded from the definition of an
"aboveground storage tank" in Section 25270.2, the owner or operator
of a tank facility exempt pursuant to this subdivision shall take the
following actions:
(1) Conduct a daily visual inspection of any storage tank storing
petroleum. For purposes of this section, "daily" means every day that
contents are added to or withdrawn from the tank, but no less than
five days per week. The number of days may be reduced by the number
of state or federal holidays that occur during the week if there is
no addition to, or withdrawal from, the tank on the holiday. The
unified program agency may reduce the frequency of inspections to not
less than once every three days at a tank facility that is exempt
pursuant to this section if the tank facility is not staffed on a
regular basis, provided that the inspection is performed every day
the facility is staffed.
(2) Allow the UPA to conduct a periodic inspection of the tank
facility.
(3) If the UPA determines installation of secondary containment is
necessary for the protection of the waters of the state, install a
secondary means of containment for each tank or group of tanks where
the secondary containment will, at a minimum, contain the entire
contents of the largest tank protected by the secondary containment
plus precipitation.
SEC. 6. Section 25270.5 of the Health and Safety Code is amended
to read:
25270.5. (a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
(b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary and the office.
(c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer. The person
conducting the inspection shall complete and pass the initial
aboveground storage tank inspector training program. The curriculum
of the aboveground storage tank inspector training program shall
focus on the spill prevention control and countermeasure plan
provisions and safety requirements for aboveground storage tank
inspections.
SEC. 7. Section 25270.6 of the Health and Safety Code is amended
to read:
25270.6. (a) (1) On or before January 1, 2009, and on or before
January 1 annually thereafter, each owner or operator of a tank
facility subject to this chapter shall file with the statewide
information management system, a tank facility statement that shall
identify the name and address of the tank facility, a contact person
for the tank facility, the total storage capacity of the tank
facility, and the location and contents of each petroleum storage
tank that exceeds 10,000 gallons in storage capacity. A copy of a
statement submitted previously pursuant to this section may be
submitted in lieu of a new tank facility statement if no new or used
storage tanks have been added to the facility or if no significant
modifications have been made. For purposes of this section, a
significant modification includes, but is not limited to, altering
existing storage tanks or changing spill prevention or containment
methods.
(2) Notwithstanding paragraph (1), an owner or operator of a tank
facility that submits a business plan, as defined in subdivision (d)
of Section 25501, to the statewide information management system and
that complies with Sections 25503, 25505, 25505.1, 25507, 25507.2,
25508, 25508.1, and 25508.2, satisfies the requirement in paragraph
(1) to file a tank facility statement.
(b) Each year, commencing in calendar year 2010, each owner or
operator of a tank facility who is subject to the requirements of
subdivision (a) shall pay a fee to the UPA, on or before a date
specified by the UPA. The governing body of the UPA shall establish a
fee, as part of the single fee system implemented pursuant to
Section 25404.5, at a level sufficient to pay the necessary and
reasonable costs incurred by the UPA in administering this chapter,
including, but not limited to, inspections, enforcement, and
administrative costs. The UPA shall also implement the fee
accountability program established pursuant to subdivision (c) of
Section 25404.5 and the regulations adopted to implement that
program.
SEC. 8. Section 25270.9 of the Health and Safety Code is amended
to read:
25270.9. (a) The board and the regional board may oversee cleanup
or abatement efforts, or cause cleanup or abatement efforts, of a
release from a storage tank at a tank facility.
(b) The reasonable expenses of the board and the regional board
incurred in overseeing, or contracting for, cleanup or abatement
efforts that result from a release at a tank facility is a charge
against the owner or operator of the tank facility. Expenses
reimbursable to a public agency under this section are a debt of the
tank facility owner or operator, and shall be collected in the same
manner as in the case of an obligation under a contract, express or
implied.
(c) Expenses recovered by the board or a regional board pursuant
to this section shall be deposited into the Waste Discharge Permit
Fund. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
purposes authorized in Section 13443 of the Water Code.
SEC. 9. Section 25281 of the Health and Safety Code is amended to
read:
25281. For purposes of this chapter and unless otherwise
expressly provided, the following definitions apply:
(a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
(c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
(d) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary to implement or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 to 25404.2, inclusive, to implement and enforce
only those requirements of this chapter listed in paragraph (3) of
subdivision (c) of Section 25404 and the regulations adopted to
implement those requirements. Except as provided in Section 25296.09,
after a CUPA has been certified by the secretary, the UPA shall be
the only local agency authorized to enforce the requirements of this
chapter listed in paragraph (3) of subdivision (c) of Section 25404
within the jurisdiction of the CUPA. This paragraph shall not be
construed to limit the authority or responsibility granted to the
board and the regional boards by this chapter to implement and
enforce this chapter and the regulations adopted pursuant to this
chapter.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
(g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (Public Law
98-616), or as it may subsequently be amended or supplemented.
(h) "Hazardous substance" means either of the following:
(1) All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
(A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
(B) Hazardous substances, as defined in Section 25316.
(C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
(2) Any regulated substance, as defined in subsection (7) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 2012, or as it may subsequently be amended or
supplemented.
(i) "Local agency" means one of the following, as specified in
subdivision (b) of Section 25283:
(1) The unified program agency.
(2) Before July 1, 2013, a city or county.
(3) On and after July 1, 2013, a city or county certified by the
board to implement the local oversight program pursuant to Section
25297.01.
(j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
(k) "Owner" means the owner of an underground storage tank.
( l ) "Person" means an individual, trust, firm, joint
stock company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
(m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer
hazardous materials in bulk to or from a marine vessel.
(n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
(o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
(p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
(q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
(r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
(s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
(t) (1) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years.
(2) "Storage" or "store" does not include the storage of hazardous
wastes in an underground storage tank if the person operating the
tank has been issued a hazardous waste facilities permit by the
department pursuant to Section 25200 or 25201.6 or granted interim
status under Section 25200.5.
(3) "Storage" or "store" does not include the storage of hazardous
wastes in an underground storage tank if all of the following apply:
(A) The facility has been issued a unified program facility permit
pursuant to Section 25404.2 for generation, treatment, accumulation,
or storage of hazardous waste in a tank.
(B) The tank is located in an underground area, as defined in
Section 280.12 of Title 40 of the Code of Federal Regulations.
(C) The tank is subject to Chapter 6.67 (commencing with Section
25270).
(D) The tank complies with the hazardous waste tank standards
pursuant to Article 10 (commencing with Section 66265.190) of Chapter
15 of Title 22 of the California Code of Regulations.
(4) "Storage" or "store" does not include the storage of hazardous
wastes in an underground storage tank if all of the following apply:
(A) The facility has been issued a unified program facility permit
pursuant to Section 25404.2 for generation, treatment, accumulation,
or storage of hazardous waste in a tank.
(B) The tank is located in a structure that is at least 10 percent
below the ground surface, including, but not limited to, a basement,
cellar, shaft, pit, or vault.
(C) The structure in which the tank is located, at a minimum,
provides for secondary containment of the contents of the tank,
piping, and ancillary equipment, until cleanup occurs.
(D) The tank complies with the hazardous waste tank standards
pursuant to Article 10 (commencing with Section 66265.190) of Chapter
15 of Title 22 of the California Code of Regulations.
(u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
(v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
(w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
(x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
(y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
(A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
(B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
(C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, and lined and
unlined pits, sumps, and lagoons. A sump that is a part of a
monitoring system required under Section 25290.1, 25290.2, 25291, or
25292 and sumps or other structures defined as underground storage
tanks under the federal act are not exempted by this subparagraph.
(D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
(E) A tank in an underground area, as defined in Section 25270.2,
and associated piping, that is subject to Chapter 6.67 (commencing
with Section 25270).
(2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
(z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
(aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
(2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
(3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
SEC. 10. Section 25404 of the Health and Safety Code is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 to 25404.2, inclusive. After a CUPA has been
certified by the secretary, the unified program agencies and the
state agencies carrying out responsibilities under this chapter shall
be the only agencies authorized to enforce the requirements listed
in subdivision (c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the California Fire Code or the California Building
Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(iv) Persons operating a collection location that has been
established under an architectural paint stewardship plan approved by
the Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
(v) On and before December 31, 2019, a transfer facility, as
defined in paragraph (3) of subdivision (a) of Section 25123.3, that
is operated by a door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service, as
defined in subdivision (c) of Section 25218.1. On and after January
1, 2020, the unified program shall not include a transfer facility
operated by a door-to-door household hazardous waste collection
program.
(vi) Persons who receive used oil from consumers pursuant to
Section 25250.11.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or former Chapter 6.85 (commencing
with Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or former Chapter 6.85 (commencing
with Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements for the hazardous materials plan and
hazardous materials inventory statement of the California Fire Code,
as adopted by the State Fire Marshal pursuant to Section 13143.9.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
(2) (A) The secretary shall establish a statewide information
management system capable of receiving all data collected by the
unified program agencies and reported by regulated businesses
pursuant to this subdivision, in a manner that is most cost efficient
and effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 11. Section 25505 of the Health and Safety Code is amended to
read:
25505. (a) A business plan shall contain all of the following
information:
(1) The inventory of information required by this article and
additional information the governing body of the unified program
agency finds necessary to protect the health and safety of persons,
property, or the environment. Locally required information shall be
adopted by local ordinance and shall be subject to trade secret
protection specified in Section 25512. The unified program agency
shall notify the secretary within 30 days after those requirements
are adopted.
(2) A site map that contains north orientation, loading areas,
internal roads, adjacent streets, storm and sewer drains, access and
exit points, emergency shutoffs, evacuation staging areas, hazardous
material handling and storage areas, emergency response equipment,
and additional map requirements the governing body of the unified
program agency finds necessary. Any locally required additional map
requirements shall be adopted by local ordinance. This ordinance and
related public processes are subject to the limitations on the
disclosure of hazardous material location information specified in
subdivision (b) of Section 25509. The unified program agency shall
notify the secretary both before publishing a proposed ordinance to
require additional map requirements and within 30 days after those
requirements are adopted. A site map shall be updated to include the
additional information required pursuant to the local ordinance no
later than one year after adoption of the local ordinance.
(3) Emergency response plans and procedures in the event of a
release or threatened release of a hazardous material, including, but
not limited to, all of the following:
(A) Immediate notification contacts to the appropriate local
emergency response personnel and to the unified program agency.
(B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.
(C) Evacuation plans and procedures, including immediate notice,
for the business site.
(4) Training for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the
event of a release or threatened release of a hazardous material,
including, but not limited to, familiarity with the plans and
procedures specified in paragraph (3). These training programs may
take into consideration the position of each employee. This training
shall be documented electronically or by hard copy and shall be made
available for a minimum of three years.
(b) A business required to file a pipeline operations contingency
plan in accordance with the Elder California Pipeline Safety Act of
1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of
Division 1 of Title 5 of the Government Code) and the regulations of
the Department of Transportation, found in Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter I of Subtitle B of Title 49
of the Code of Federal Regulations, may file a copy of those plans
with the unified program agency instead of filing an emergency
response plan specified in paragraph (3) of subdivision (a).
(c) The emergency response plans and procedures, the inventory of
information required by this article, and the site map required by
this section shall be readily available to personnel of the business
or the unified program facility with responsibilities for emergency
response or training pursuant to this section.
SEC. 12. Section 25507 of the Health and Safety Code is amended to
read:
25507. (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business meets any of the following conditions
at any unified program facility:
(1) (A) It handles a hazardous material or a mixture containing a
hazardous material that has a quantity at any one time during the
reporting year that is equal to, or greater than, 55 gallons for
materials that are liquids, 500 pounds for solids, or 200 cubic feet
for compressed gas, as defined in subdivision (i) of Section 25501.
The physical state and quantity present of mixtures shall be
determined by the physical state of the mixture as a whole, not
individual components, at standard temperature and pressure.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) It is required to submit chemical inventory information
pursuant to Section 11022 of Title 42 of the United States Code.
(3) It handles at any one time during the reporting year an amount
of a hazardous material that is equal to, or greater than the
threshold planning quantity, under both of the following conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) It handles at any one time during the reporting year a
total weight of 5,000 pounds for solids or a total volume of 550
gallons for liquids, if the hazardous material is a solid or liquid
substance that is classified as a hazard for purposes of Section 5194
of Title 8 of the California Code of Regulations solely as an
irritant or sensitizer, except as provided in subparagraph (B).
(B) If the hazardous material handled by the facility is a paint
that will be recycled or otherwise managed under an architectural
paint recovery program approved by the Department of Resources
Recycling and Recovery pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code, the
business is required to establish and implement a business plan only
if the business handles at any one time during the reporting year a
total weight of 10,000 pounds of solid hazardous materials or a total
volume of 1,000 gallons of liquid hazardous materials.
(5) It handles at any one time during the reporting year
cryogenic, refrigerated, or compressed gas in a quantity of 1,000
cubic feet or more at standard temperature and pressure, if the gas
is any of the following:
(A) Classified as a hazard for the purposes of
Section 5194 of Title 8 of the California Code of Regulations only
for hazards due to simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.
(E) Gases used in closed fire suppression systems.
(6) It handles a radioactive material at any one time during the
reporting year in quantities for which an emergency plan is required
to be considered pursuant to Schedule C (Section 30.72) of Part 30
(commencing with Section 30.1), Part 40 (commencing with Section
40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of
Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
(7) It handles perchlorate material, as defined in subdivision (c)
of Section 25210.5, in a quantity at any one time during the
reporting year that is equal to, or greater than, the thresholds
listed in paragraph (1).
(b) The following hazardous materials are exempt from the
requirements of this section:
(1) Refrigerant gases, other than ammonia or flammable gas in a
closed cooling system, that are used for comfort or space cooling for
computer rooms.
(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.
(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.
(B) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons and a spill prevention
control and countermeasure plan is not required pursuant to Part 112
(commencing with Section 112.1) of Subchapter D of Chapter I of
Title 40 of the Code of Federal Regulations.
(A) Fluid in a hydraulic system.
(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled at
the facility which manufactures that product, or a separate warehouse
or distribution center of that facility, or where a product is
dispensed on the retail premises.
(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons, that is for the sole purpose of
cooking, heating employee work areas, and heating water within that
facility, unless the unified program agency finds, and provides
notice to the business handling the propane, that the handling of the
on-premises propane requires the submission of a business plan, or
any portion of a business plan, in response to public health, safety,
or environmental concerns.
(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501 from
Section 25506, if it is found that the hazardous material would not
pose a present or potential danger to the environment or to human
health and safety if the hazardous material was released into the
environment. The unified program agency shall send a notice to the
office and the secretary within 15 days from the effective date of
any exemption granted pursuant to this subdivision.
(d) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(e) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(f) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (d) and (e).
SEC. 13. Section 25507.2 of the Health and Safety Code is amended
to read:
25507.2. Except as specified in this section, unless required by
a local ordinance, the unified program agency shall exempt a business
from application of Sections 25506, 25507, 25508.2, and 25511 to an
unstaffed facility located at least one-half mile from the nearest
occupied structure if the facility is not otherwise subject to the
requirements of applicable federal law, and all of the following
requirements are met:
(a) The types and quantities of materials onsite are limited to
one or more of the following:
(1) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(2) Five hundred gallons of combustible liquid used as a fuel
source.
(3) Corrosive liquids, not to exceed 500 pounds of extremely
hazardous substances, used as electrolytes, and in closed containers.
(4) Five hundred gallons of lubricating and hydraulic fluids.
(5) One thousand two hundred gallons of hydrocarbon gas used as a
fuel source.
(6) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.
(b) The facility is secured and not accessible to the public.
(c) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information management
system. This one-time business plan submittal is subject to a
verification inspection by the unified program agency and the unified
program agency may assess a fee not to exceed the actual costs of
processing and for inspection, if an inspection is conducted.
(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30 days
to the statewide information management system to reflect any change
in the business plan. A fee not to exceed the actual costs of
processing and inspection, if conducted, may be assessed by the
unified program agency.
SEC. 14. Section 25508.1 of the Health and Safety Code is amended
to read:
25508.1. Within 30 days of any one of the following events, a
business subject to this article shall electronically update the
information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously
disclosed material.
(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.
(c) Change of business or facility address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler's operations occurs
that requires modification to any portion of the business plan.
(2) For the purpose of this subdivision, "substantial change"
means any change in a facility that would inhibit immediate response
during an emergency by either site personnel or emergency response
personnel, or that could inhibit the handler's ability to comply with
Section 25507, change the operational knowledge of the facility, or
impede implementation of the business plan.
SEC. 15. Section 25531.2 of the Health and Safety Code is amended
to read:
25531.2. (a) The Legislature finds and declares that as the state
implements the federal accidental release prevention program
pursuant to this article, the Office of Emergency Services will play
a vital and increased role in preventing accidental releases of
extremely hazardous substances. The Legislature further finds and
declares that as an element of the unified program established
pursuant to Chapter 6.11 (commencing with Section 25404), a single
fee system surcharge mechanism is established by Section 25404.5 to
cover the costs incurred by the office pursuant to this article. It
is the intent of the Legislature that this existing authority,
together with any federal assistance that may become available to
implement the accidental release program, be used to fully fund the
activities of the office necessary to implement this article.
(b) The Legislature further finds and declares that the owners and
operators of stationary sources producing, processing, handling, or
storing hazardous materials have a general duty, in the same manner
and to the same extent as is required by Section 654 of Title 29 of
the United States Code, to identify hazards that may result from
releases using appropriate hazard assessment techniques, to design
and maintain a safe facility taking those steps as are necessary to
prevent releases, and to minimize the consequences of accidental
releases that do occur.
(c) The office shall use any federal assistance received to
implement Chapter 6.11 (commencing with Section 25404) to offset any
fees or charges levied to cover the costs incurred by the office
pursuant to this article.
SEC. 16. Section 118330 of the Health and Safety Code is amended
to read:
118330. (a) Whenever the enforcement agency determines that a
violation or threatened violation of this part or the regulations
adopted pursuant to this part has resulted, or is likely to result,
in a release of medical waste into the environment, the agency may
issue an order to the responsible person specifying a schedule for
compliance or imposing an administrative penalty of not more than
five thousand dollars ($5,000) per violation. A person who, after
notice and an opportunity for hearing, violates an order issued
pursuant to this section is guilty of a misdemeanor.
(1) If the department is the enforcement agency, the department
shall provide notice, issue the order, and conduct the administrative
hearing pursuant to subdivisions (d) and (f).
(2) If the department is not the enforcement agency, the
provisions of subdivisions (b) to (e), inclusive, shall apply.
(b) (1) In establishing the amount of the administrative penalty
and ordering that the violation be corrected pursuant to this
section, the enforcement agency shall take into consideration the
nature, circumstances, extent, and gravity of the violation, the
violator's past and present efforts to prevent, abate, or clean up
conditions posing a threat to the public health or safety or the
environment, the violator's ability to pay the penalty, and the
deterrent effect that the imposition of the penalty would have on
both the violator and the regulated community.
(2) If the amount of the administrative penalty is set after the
person is served with the order pursuant to subdivision (c) or after
the order becomes final, the person may request a hearing to dispute
the amount of the administrative penalty and is entitled to the same
process as provided in subdivision (c), whether or not the person
disputed the facts of the violation through that process.
(3) An administrative penalty assessed pursuant to this section
shall be in addition to any other penalties or sanctions imposed by
law.
(c) (1) An order issued pursuant to this section shall be served
by personal service or certified mail and shall inform the person
served of the right to a hearing.
(2) A person served with an order pursuant to paragraph (1) and
who has been unable to resolve the violation with the enforcement
agency may, within 15 days after service of the order, request a
hearing by filing with the enforcement agency a notice of defense.
The notice shall be filed with the agency that issued the order. A
notice of defense shall be deemed filed within the 15-day period if
it is postmarked within that 15-day period. If no notice of defense
is filed within the 15-day time period, the order shall become final.
(3) Except as otherwise provided in paragraph (4), a person
requesting a hearing on an order issued pursuant to this section may
select the hearing officer specified in either subparagraph (A) or
(B) of paragraph (4) in the notice of defense filed with the
enforcement agency pursuant to paragraph (2). If a notice of defense
is filed, but no hearing officer is selected, the enforcement agency
may select the hearing officer.
(4) Within 90 days of receipt of the notice of defense by the
enforcement agency, the hearing shall be scheduled using one of the
following:
(A) An administrative law judge of the Office of Administrative
Hearings of the Department of General Services, who shall conduct the
hearing in accordance with Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code, and
the enforcement agency shall have all the authority granted to an
agency by those provisions.
(B) (i) A hearing officer designated by the enforcement agency,
who shall conduct the hearing in accordance with Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title 2 of
the Government Code, and the enforcement agency shall have all the
authority granted to an agency by those provisions. When a hearing is
conducted by an enforcement agency hearing officer pursuant to this
clause, the enforcement agency shall issue a decision within 60 days
after the hearing is conducted. Each hearing officer designated by an
enforcement agency shall meet the requirements of Section 11425.30
of the Government Code and any other applicable restriction.
(ii) An enforcement agency, or a person requesting a hearing on an
order issued by an enforcement agency, may select the hearing
process specified in this subparagraph in a notice of defense filed
pursuant to paragraph (2) only if the enforcement agency has selected
a designated hearing officer and established a program for
conducting a hearing in accordance with this paragraph.
(5) The hearing decision issued pursuant to this subdivision shall
be effective and final upon issuance by the enforcement agency. A
copy of the decision shall be served by personal service or by
certified mail upon the party served with the order, or their
representative, if any.
(6) The person has a right to appeal the hearing decision if,
within 30 days of the date of receipt of the final decision pursuant
to paragraph (5), the person files a written notice of appeal with
the enforcement agency. The appeal shall be in accordance with the
Administrative Procedure Act (Chapters 4.5 (commencing with Section
11400) and 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code).
(7) A decision issued pursuant to paragraph (6) may be reviewed by
a court pursuant to Section 11523 of the Government Code. In all
proceedings pursuant to this section, the court shall uphold the
decision of the enforcement agency if the decision is based upon
substantial evidence in the record as a whole. The filing of a
petition for writ of mandate shall not stay an action required
pursuant to this chapter or the accrual of any penalties assessed
pursuant to this chapter. This subdivision does not prohibit the
court from granting any appropriate relief within its jurisdiction.
(d) A provision of an order issued under this section, except the
imposition of an administrative penalty, shall take effect upon
issuance of the order by the enforcement agency if the enforcement
agency finds that the violation or violations of law associated with
that provision may pose an imminent and substantial danger to the
public health or safety or the environment. A request for a hearing
or appeal, as provided in subdivision (c) or (f) shall not stay the
effect of that provision of the order pending a hearing decision. If
the enforcement agency determines that any or all provisions of the
order are so related that the public health or safety or the
environment can be protected only by immediate compliance with the
order as a whole, the order as a whole, except the imposition of an
administrative penalty, shall take effect upon issuance by the
enforcement agency. A request for a hearing shall not stay the effect
of the order as a whole pending a hearing decision.
(e) The enforcement agency shall consult with the district
attorney, county counsel, or city attorney on the development of
policies to be followed in exercising the authority delegated
pursuant to this section as it relates to the authority of the
enforcement agency to issue orders.
(f) (1) The department shall serve an order issued pursuant to
this section by personal service or certified mail and shall inform
the person served of the right to a hearing.
(2) A person served with an order pursuant to paragraph (1) may
appeal the order by sending a written request for hearing to the
department within 20 days after service of the order. If no request
for hearing is made within the 20-day time period, the order shall
become final. Payments of any administrative penalty shall be made
within 30 days of the date the order becomes final.
(3) Any hearings conducted by the department pursuant to this
section shall be conducted pursuant to the procedures specified in
Section 131071.
SEC. 17. 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.