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AB-432 Released waste: certification of local officers.(2019-2020)

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Date Published: 02/07/2019 09:00 PM
AB432:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 432


Introduced by Assembly Member Quirk

February 07, 2019


An act to amend Sections 101480 and 101485 of, and to add Section 101481 to, the Health and Safety Code, relating to waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 432, as introduced, Quirk. Released waste: certification of local officers.
Existing law authorizes a party responsible for the release of waste requiring remedial action to request a local officer, as defined, to supervise the remedial action. Existing law authorizes the local officer to enter into a remedial action agreement with the responsible party to supervise the remedial action, as specified, and governs the duties of the local officer and the terms of the agreement. Existing law establishes the State Water Resources Control Board to exercise certain powers relating to water rights, water quality, and safe and reliable drinking water. Existing law also establishes the Department of Toxic Substances Control to enforce hazardous waste control laws.
This bill would require the board, in cooperation with the department, to develop and implement a certification program for local officers who enter into remedial action agreements. The bill would establish the criteria for certification, and procedures for the review and revocation of that certification. On and after July 1, 2020, the bill would authorize only a local officer who is certified by the board pursuant to that program, or by the department, as specified, to enter into a remedial action agreement.
The bill would also require a local officer administering a remedial action agreement to conduct a public notification process under a specified circumstance and would require the agreement to include specified additional terms.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 101480 of the Health and Safety Code is amended to read:

101480.
 (a)  For purposes of this article, and unless otherwise expressly provided, the following definitions apply:
(1) “Board” means the State Water Resources Control Board.
(2) “California regional water quality control board” refers to the entities described in Section 13200 of the Water Code.
(3) “Department” means the Department of Toxic Substances Control.

(1)

(4) “Local officer” means a county health officer, city health officer, or county director of environmental health. health that has been certified by the Department of Toxic Substances Control, pursuant to Section 68400.11 of Title 22 of the California Code of Regulations, or by the State Water Resources Control Board, pursuant to this article, to enter remedial action agreements and supervise remedial action sites with released waste.

(2)

(5) “Person” has the same meaning as set forth in Section 25118.

(3)

(6) “Release” has the same meaning as set forth in Section 25320.

(4)

(7) “Remedial action” means any action taken by a responsible party to clean up a released waste, to abate the effects of a released waste, or to prevent, minimize, or mitigate damages that may result from the release of a waste. “Remedial action” includes the restoration, rehabilitation, or replacement of any natural resource damaged or lost as a result of the release of a waste.

(5)

(8) “Responsible party” means a person who, pursuant to this section, requests the local officer to supervise remedial action with respect to a released waste.

(6)

(9) “Waste” has the same meaning as set forth in subdivision (b) of Section 101075.
(b) Whenever a release of waste occurs and remedial action is required, the responsible party for the release may request the local officer to supervise the remedial action. The local officer may agree to supervise the remedial action if he or she determines, based on available information, that adequate staff resources and the requisite technical expertise and capabilities are available to adequately supervise the remedial action.
(c) Remedial action carried out under this section shall be carried out only pursuant to a remedial action agreement entered into by the local officer and the responsible party. The remedial action agreement shall specify the testing, monitoring, and analysis the responsible party will carry out to determine the type and extent of the contamination caused by the released waste that is the subject of the remedial action, the remedial actions that will be taken, the reporting that is required, the public notifications that are required, the enforcement actions that may occur in the event of noncompliance with directives, and the cleanup goals that the local officer determines are necessary to comply with applicable requirements of the Health and Safety Code and the Water Code that protect human health or safety or the environment, and that, if met, constitute a permanent remedy to the release of the waste.
(d) A local officer who enters into a remedial action agreement, as described in subdivision (c), may, after giving the responsible party adequate notice, withdraw from the agreement at any time after making one of the following findings:
(1) The responsible party is not in compliance with the remedial action agreement.
(2) Appropriate staff resources, technical expertise, or technical capabilities are not available to adequately supervise the remedial action.
(3) The release of the waste that is the subject of the remedial action is of a sufficiently complex nature or may present such a significant potential hazard to human health or the environment that it should be referred to the Department of Toxic Substances Control department or a California regional water quality control board.
(e) After determining that a responsible party has completed the actions required by the remedial action agreement and that a permanent remedy for the release of waste has been achieved, the local officer may provide the responsible party with a letter or other document that describes the release of waste that occurred and the remedial action taken, and certifies that the cleanup goals embodied in the remedial action agreement were accomplished. The local officer shall conduct a public notification process prescribed by the department, or by the board, whichever entity certified the local officer, prior to issuing the letter. The local officer shall then send the letter or document to the department, or the California regional water quality control board within whose jurisdiction the waste release occurred, at least 30 days prior to certifying that the cleanup goals embodied in the remedial action agreement were accomplished.

SEC. 2.

 Section 101481 is added to the Health and Safety Code, to read:

101481.
 (a) (1) The State Water Resources Control Board, in cooperation with the department and the California regional water quality control boards, shall develop and implement an officer certification program. The program shall require the board to consider the criteria specified in subdivision (b) in determining eligibility for certification authorizing a local officer to enter into a remedial action agreement for the oversight and abatement of releases of waste pursuant to this article.
(2) The authority granted to the board and the department pursuant to this section is in addition to the authority granted to those entities pursuant to Division 7 (commencing with Section 13000) of the Water Code and pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20, respectively.
(b) The board may certify a local officer pursuant to this section if the board determines that the local officer is qualified to oversee or perform the abatement of unauthorized releases of waste. The board shall consider, as criteria for determining whether a local officer is qualified, at a minimum, all of the following factors:
(1) Adequacy of the technical expertise possessed by the local officer and his or her staff resources.
(2) Adequacy of staff resources.
(3) Knowledge of the Health and Safety Code, Water Code, and regulations or policies enacted by the department, the board, or a California regional water quality board regarding the requirements for remediation of released waste.
(4) Adequacy of budget resources and funding mechanisms.
(5) Training requirements.
(6) Past performance in implementing and enforcing remedial action agreements.
(7) Recordkeeping and accounting systems and practices, which shall include the use of the board’s environmental data management system for case management.
(8) Public notification practices and the provision of due process.
(c) The board shall adopt procedures and criteria for certifying and revoking certification from local officers pursuant to this section. The adoption of these procedures and criteria shall not be considered as regulations subject to, and shall be exempt from, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) On and after July 1, 2020, only a local officer certified pursuant to subdivision (b), or by the department pursuant to Section 68400.11 of Title 22 of the California Code of Regulations, may enter into a remedial action agreement.
(e) If the board does not, by July 1, 2021, certify a local officer who has been implementing remedial action agreements entered into before July 1, 2021, the board shall transfer the cases for which certification of the officer is required pursuant to this article from that local officer to the department, the appropriate California regional water quality control board, or a local officer who is certified by the board. An order or directive issued by an uncertified local officer before July 1, 2020, shall remain in effect and may be enforced by the department, the appropriate California regional water quality control board, or the local officer who receives the case.
(f) The board shall review, at least once every three years, the qualifications of a certified local officer to oversee or perform the abatement of unauthorized releases of waste. When conducting this review, the board shall consider the certification criteria contained in subdivision (b) and the criteria adopted pursuant to subdivision (c). The board may, after conducting the review, revoke the certification of the local officer. Upon revoking certification, the cases involving the oversight or performance of the abatement of unauthorized releases of waste that were handled by the formerly certified local officer may be transferred from the local officer to the department, the appropriate California regional water quality control board, or a local officer who is certified by the board, but the orders and directives issued by the formerly certified local officer shall remain in effect and enforceable in accordance with subdivision (e). The board shall not make the date for the revocation of a certification effective prior to the termination date of the remedial action agreement entered into between the board and the local officer, unless the certified local officer fails to comply with the terms of the agreement.

SEC. 3.

 Section 101485 of the Health and Safety Code is amended to read:

101485.
 Nothing in this article shall be construed as prohibiting This article does not prohibit the Department of Toxic Substances Control from assuming jurisdiction over a release pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20, or a California regional water quality control board, or the State Water Resources Control Board from Board, from assuming jurisdiction over a release, or taking enforcement action against a release pursuant to Division 7 (commencing with Section 13000) of the Water Code.