Today's Law As Amended

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AB-1179 Hazardous waste facilities: inspections.(2017-2018)



SECTION 1.

 Section 25185.2 is added to the Health and Safety Code, to read:

25185.2.
 (a) The Legislature finds and declares that hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a danger to human health and safety and the environment. This danger is increased for disadvantaged communities impacted by multiple sources of pollution. It is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws.
(b) On or before January 1, 2020, the department shall adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities, hazardous waste generators, and hazardous waste transporters, subject to the requirements of subdivision (c). In addition to any other criteria the department may include in these regulations, the department shall include criteria for increasing the frequency of inspections based on factors including, but not limited to, compliance history, the quantity of hazardous waste handled, the ignitability, corrosivity, reactivity, and toxicity of hazardous waste handled, and proximity to sensitive habitats, sensitive receptors, or disadvantaged communities.
(c) The inspection frequency for a hazardous waste land disposal facility shall be no less than two times per calendar year. The inspection frequency for any other permitted hazardous waste treatment, storage, or disposal facility shall be no less than once per calendar year.
(d) For purposes of this section, the following definitions apply:
(1) “Disadvantaged community” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 or an area that is a low-income area and is disproportionately affected by environmental pollution or other hazards that can lead to negative health effects, exposure, or environmental degradation.
(2) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.
(e) Nothing in this section shall prevent the department from inspecting a hazardous waste facility more frequently than is required by the regulations established pursuant to subdivision (b).