Hazardous substances.

(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency, or CUPA. Existing law authorizes a state or local agency that has a written agreement with a CUPA, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines "unified program agency," or UPA, to mean the CUPA or its participating agencies, as provided. Existing law authorizes the UPA, if the UPA determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the UPA is authorized to enforce or implement, to issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty. Existing law authorizes a UPA to suspend or revoke any unified program facility permit, or an element of a unified program facility permit, for not paying the permit fee or a fine or penalty associated with the permit in accordance with specified procedures. Existing law authorizes a UPA, if a permittee does not comply with a written notice from the UPA to the permittee to make those payments by a specified date, to suspend or revoke the permit or permit element. Existing law requires the permittee, if the permit or permit element is suspended or revoked, to immediately discontinue operating that facility or function of the facility to which the permit element applies until the permit is reinstated, or reissued. This bill would repeal the provision authorizing a UPA to suspend or revoke a unified program facility permit, or an element of a unified program facility permit, for not paying the permit fee or a fine or penalty associated with the permit. The bill would authorize the UPA, if a permittee does not comply with a written notice from the UPA to make those payments by the specified date, in addition to suspending or revoking the permit or permit element, to withhold issuance of the permit or permit element. The bill would authorize a UPA to suspend, revoke, or withhold issuance of a unified program facility permit if conditions exist at the unified program facility that the UPA considers, consistent with criteria or factors, which the bill would require the UPAs to develop collectively, and are supported by written findings, an imminent or substantial endangerment to public health, safety, or the environment. The bill would require the permittee to immediately discontinue operating that facility or function of the facility to which the permit or permit element applies until the endangerment is abated and the permit or permit element is issued, reinstated, or reissued. The bill would authorize a UPA to suspend, revoke, or withhold the issuance of any unified program facility permit if a permittee of a facility, or the owner or operator, as appropriate, fails to take appropriate action to abate an endangerment. The bill would require the owner or operator of a unified program facility to be liable for a civil or administrative penalty of not less than $500 or more than $5,000 per day for failure to obtain or keep a permit as required pursuant to the provisions governing the unified program. The bill would provide that the provisions authorizing a UPA to issue an administrative enforcement order or to withhold issuance, or to suspend or revoke, a permit do not prevent the UPA from issuing an administrative enforcement order for the release of a hazardous substance, as defined, for any violation of specified provisions relating to, among other things, business and area plans and risk management plans. (2) Existing law requires a business that handles a hazardous material, or an employee, authorized representative, agent, or designee of that business, to, upon discovery, immediately report any release or threatened release of a hazardous material, or an actual release of a hazardous substance, as defined, to the UPA and the Office of Emergency Services, as provided. This bill would require that reporting of the release or threatened release to the UPA and the Office of Emergency Services, as provided. The bill would require a handler, employee, authorized representative, agent, or their designee to provide state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler's facility if there is a release or threatened release at the facility. (3) Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Public Health or the local health officer makes specified determinations as to that waste, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. This bill would authorize, without a declaration of a local health emergency, the director or local health officer, if a release, spill, escape, or entry, as described, of hazardous waste or of a hazardous substance occurs, which the director or local health officer reasonably determines poses an imminent or substantial endangerment to public health due to specified factors, to take specified actions, in consultation with certain state or local regulatory agencies, to protect the health and safety of the public, including, among others, issuing an order to the responsible party to immediately suspend or discontinue the activity causing or contributing to the release, spill, escape, or entry of the hazardous waste or hazardous substance. The bill would require a responsible party to be liable for the costs incurred by the local health officer pursuant to these provisions. The bill would require that actions taken by the director or local health officer to protect or preserve the public health be supported by written findings. (4) Because the bill would make changes to provisions enforced by unified program agencies, 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.