Bill Text: CA AB2333 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Waste: releases: remedial action: local oversight.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-08 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. [AB2333 Detail]
Download: California-2019-AB2333-Introduced.html
shall be construed as prohibiting the Department of Toxic Substances Control prohibits the department from assuming jurisdiction over a release pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20, or a California the regional water quality control board,
board or the State Water Resources Control Board state 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. Department of Toxic Substances Control and the appropriate California department and the regional water quality control board at least 10 working days prior to 30 days before entering into a remedial action agreement with a responsible party pursuant to subdivision (c) of Section 101480. The
written notification shall include all of the following:
Bill Title: Waste: releases: remedial action: local oversight.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-08 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. [AB2333 Detail]
Download: California-2019-AB2333-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2333
| Introduced by Assembly Member Quirk |
February 14, 2020 |
An act to amend Sections 101480, 101485, and 101487 of the Health and Safety Code, relating to hazardous substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2333, as introduced, Quirk.
Waste: releases: remedial action: local oversight.
Existing law, whenever a release of waste occurs and remedial action is required, authorizes a responsible party for the release to request that a local officer supervise the remedial action. Existing law authorizes a local officer to agree to supervise the remedial action if the local officer determines that certain conditions have been met. Existing law authorizes that remedial action to be carried out only pursuant to a remedial action agreement, that includes specified elements, entered into by the local officer and the responsible party, and authorizes the local officer to withdraw from the agreement, after giving the responsible party adequate notice, at any time after making any of specified findings. Existing law requires a local officer to provide written notification, that includes specified information, to the Department of Toxic Substances Control and the appropriate regional
water quality control board at least 10 working days before entering into a remedial action agreement with a responsible party. Existing law authorizes a local officer to provide a 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.
This bill would authorize a responsible party to request the local officer to oversee the remedial action only if the release is not being overseen by the department or a regional water quality control board and would authorize the local officer to agree to oversee the remedial action only if the local officer demonstrates to the department or the regional water quality control board that the same conditions referenced above have been met. The bill would revise the requirements for a remedial action agreement and would impose other requirements relating to
recordkeeping, public notification, and notification to the department and the regional water quality control board, as provided. The bill would authorize the department or the regional water quality control board to assume regulatory oversight of a release after notification to the local officer, 30 days after which any remedial action agreement would no longer be valid. The bill would require, instead of authorize, a local officer to provide the responsible party with a document that makes the same descriptions and certifications described above. By imposing new duties on local officers, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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, unless otherwise expressly provided, the following definitions apply:(1) “Department” means the Department of Toxic Substances Control.
(1)
(2) “Local officer” means a county health officer, city health officer, or county director of environmental health. health who has been granted authority by their jurisdiction to enter remedial action agreements and oversee remedial action at release sites.
(2)
(3) “Person” has the same meaning as set forth in Section 25118.
(4) “Regional water quality control board” means an entity formed pursuant to Section 13201 of the Water Code.
(3)
(5) “Release” has the same meaning as set forth in Section 25320.
(4)
(6) “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)
(7) “Responsible party” means a person who, pursuant to this section, requests the local officer to supervise remedial action with respect to a released waste.
(8) “State board” means the State Water Resources Control Board.
(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 and that release is not being overseen by the department or the regional water quality control board, a responsible party for the release may request the local officer to supervise oversee the remedial
action. The local officer may agree to supervise oversee the remedial action if he or she determines, the local officer demonstrates to the department and the regional water quality control board that, based on available information, that adequate staff resources and the requisite technical expertise and capabilities are available to adequately supervise oversee
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 as well as proposed remedial actions that will be taken, actions, required reporting and public notifications, enforcement actions or
referrals 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 provisions of this code and the Water Code, and all associated regulations, in order to 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 at least 30 days’ notice, withdraw from the agreement at any time after making one or more of the following findings:
(1) The responsible party is not in compliance with the remedial action agreement.
(2) Appropriate staff 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 or a California
department or the regional water quality control board.
(e) During the notification period described in Section 101487, the department or the regional water quality control board may inform the local officer that the department or the regional water quality control board will retain oversight authority for the release. If the department or the regional water quality control board informs the local officer that they will retain oversight authority for the release during the notice period described in Section 101487, the local officer shall not enter into the remedial action agreement. If the department or the regional water quality control board does not notify the local officer that they will retain oversight authority for the release during the notice period described in Section 101487, the local officer may enter the
remedial action agreement and, upon doing so, shall establish a global identification number and public record for the site in the state board’s GeoTracker electronic data management system and shall upload a copy of the agreement under that global identification number.
(f) After a remedial action agreement has been entered into, the department or a regional water quality control board may notify the local officer in writing that the department or the regional water quality control board will assume regulatory oversight authority of the release. This notification by the department or the regional water quality control board shall occur with a minimum 30-day notice, after which the remedial action agreement shall no longer be valid.
(g) The local officer shall ensure compliance with the electronic reporting requirements of Chapter 30 (commencing with Section 3890) of Division 3 of
Title 23 of, and Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations. The electronic reporting requirements shall be included as a provision of a remedial action agreement.
(h) (1) At least 30 days before certifying that the cleanup goals identified in the remedial action agreement were accomplished pursuant to paragraph (2), the local officer shall conduct a public notification process, which shall include, at a minimum, notifying the department, the regional water quality control board, agencies with authority to issue building permits for land affected by the release, owners and occupants of the property impacted by the release, and the owners and occupants of all parcels adjacent to the release, and posting the public notice on the state board’s GeoTracker electronic data management system under the global identification number established for the site.
(e)
(2) 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
shall 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.
SEC. 2.
Section 101485 of the Health and Safety Code is amended to read:101485.
Nothing in this articleSEC. 3.
Section 101487 of the Health and Safety Code is amended to read:101487.
A local officer shall provide written notification to the(a) The name and address of the responsible party.
(b) The name and address of the site owner. names and address of the current site owners.
(c) The address and location of the site or sites to which the remedial action agreement will apply.
(d) A description of any known or planned local, state, or federal regulatory
involvement at the site.
(e) A copy of the draft remedial action agreement.
(f) A description of the technical expertise and staff resources available to oversee the remediation of the release site, including the resumes of appropriately licensed professionals, licensed pursuant to Chapter 7 (commencing with Section 6700) of, or Chapter 12.5 (commencing with Section 7800) of, Division 3 of the Business and Professions Code.
(g) Certification that appropriate financial resources and funding mechanisms are available to oversee the remediation of the site.
(h) Certification that all applicable requirements of this code and the Water Code, and the content of the remedial action agreement, will be adhered to, and that, if enforcement action is necessary, the appropriate enforcement action will be conducted or the case will promptly be referred to the department or the regional water quality control board.
(i) Certification that accurate records will be maintained and kept up-to-date, including through the use of the state board’s GeoTracker electronic data management system, and kept in compliance with the electronic reporting requirements in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations.
