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HomeMy WebLinkAboutMINUTES - 05082007 - C.26 2- Contra Contra TO: BOARD OF SUPERVISORS - FROM: William Walker, M.D., Health Services Director Costa By: Randall L. Sawyer, Hazardous Materials Director ------- County � G4' DATE: May 8, 2007 SUBJECT: Support Position on AB 1098 (Saldana) — Establishing Penalties for Hazardous Material Programs SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: SUPPORT Assembly Bill 1098 (Saldana), legislation that would remove the requirement that the amount of an administrative penalty for a business that violates its business plan relating to the handling or release of hazardous materials be set by the governing body of the administrative agency. This bill would also make clarifying changes with regard to the administering agency's enforcement of provisions regarding enforcement orders or administrative penalties. FISCAL IMPACT: No Impact BACKGROUND: (1) Existing law requires that, in order to protect the public health and safety and the environment, a business, as defined, establish and implement a business plan, meeting specified requirements, relating to the handling and release or threatened release of hazardous CONTINUED ON ATTACHMENT:__YES SIGNATURE: ,/RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR OMMITTEE APPROVE OTHER SIGNATURE(S): / ACTION OF BOA N O APPROVE AS RECOMMENDED _( FiER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED JOHN C EN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: R.Sawyer,6-2286 CC: L.DeLaney,CAO's office C.Christian,via CAD's office BY: DEPUTY Support Position on AB 1098 (Saldana)—Establishing Penalties for Hazardous Material Programs materials. A business that violates or knowingly violates any provision with regard to the business plan is liable to an Unified Program Agency for a prescribed administrative penalty. This bill would remove the requirement that the amount of the administrative penalty be set by the governing board of the Unified Program Agency. (2) Existing law requires the implementation of the federal accident release prevention program, established pursuant to the federal Clean Air Act., with regard to the handling and storage of chemical and hazardous substances, along with certain amendments specific to the state. If there is a violation of the provisions of the program, specified administrative civil liability shall be imposed. If there is a knowing violation of the provisions of the program, after reasonable notice, specified administrative civil liability shall be imposed, and upon conviction the person may be punished by imprisonment in the county jail for not more than one year. A Unified Program Agency is required to use specified enforcement procedures when a Unified Program Agency issues an enforcement order or assesses an administrative penalty, or both, for a violation of those requirements. This bill would make clarifying changes with regard to the administering agency's enforcement of those provisions. AMENDED IN ASSEMBLY APRIL 16, 2007 CALIFORNIA LEGISLATURE-2007-O8 REGULAR SESSION ASSEMBLY BILL No. 1098 Introduced by Assembly Member Saldana February 23, 2007 An act to amend Sections 25514.5 and 25540 of the Health and Safety Code, relating to hazardous materials. LEGISLATIVE COUNSEL'S DIGEST AB 1098,as amended, Saldana.Hazardous materials:administrative: penalties: liability. (1) Existing law requires that, in order to protect the public health and safety and the environment, a business, as defined, establish and 'implement a business plan, meeting specified requirements,relating to the handling and release or threatened release of hazardous materials. A business that violates or knowingly violates any provision with regard to the business plan is liable to an administering agency for a prescribed administrative penalty. This bill would remove the requirement that the amount of the administrative penalty be set by the governing board of the administrative agency. (2) Existing law requires the implementation of the federal accident release prevention program, established pursuant to the federal Clean Air Act, with, regard to the handling and storage of chemical and hazardous substances, along with certain amendments specific to the state. If there is a violation of the provisions of the program, specified administrative civil liability shall be imposed. If there is a knowing violation of the provisions of the program, after reasonable notice, specified administrative civil liability shall be imposed, and upon 98 AB 1098 —2— conviction 2—conviction the person may be punished by imprisonment in the county jail for not more than one year.An administering agency is required to utilize specified enforcement procedures when an administering agency issues an enforcement order or assesses an administrative penalty, or both,for a violation of those requirements. This bill would require that a pefson of stationafy souree, as defined, that knowingly violates the provisions ofthe pfograffl, aftef reasonablIc and imprisonment in the eounty jail for ttot more thaft one year. make clarifying changes with regard to the administering agency's enforcement of those provisions. state-mandated loeal program. This bill would provide that no reimbursement is reqttired by th for a speeified reason. Vote: majority. Appropriation: no. Fiscal committee: -yes-no. State-mandated local program: The people of the State of California do enact as follows: 1 SECTION 1. Section 25514.5 of the Health and Safety Code 2 is amended to read: 3 25514.5. (a) Notwithstanding Section 25514, any business 4 that violates this article is liable to an administering agency for an 5 administrative penalty not greater than two thousand dollars 6 ($2,000)for each day in which the violation occurs.If the violation 7 results in., or significantly contributes to, an emergency, including 8 a fire or health or medical problem requiring toxicological,health, 9 or medical consultation,the business shall also be assessed the full 10 cost of the county,city, fire district, local EMS agency designated 11 pursuant to Section 1797.200, or poison control center as defined 12 by Section 1797.97, emergency response, as well as the cost of 13 cleaning up and disposing of the hazardous materials, or acutely 14 hazardous materials. 15 (b) Notwithstanding Section 25514,any business that knowingly 16 violates this article after reasonable notice of the violation is liable 98 n —3— AB 1098 1 for an administrative penalty,not greater than five thousand dollars 2 ($5,000) for each day in which the violation occurs. 3 (c) When an administering agency issues an enforcement order 4 or assesses an administrative penalty, or both, for a violation of 5 this article,the administering agency shall utilize the administrative 6 enforcement procedures, including the hearing procedures, 7 specified in Sections 25404.1.1 and 25404.1.2. 8 SEC. 2. Section 25540 of the Health and Safety Code is 9 amended to read: 10 25540. (a) (1) Any person or stationary source that violates 11 this article shall be liable for administrative penalties in an amount 12 of not more than two thousand dollars ($2,000) for each day in 13 which the violation occurs. If the violation results in, or 14 significantly contributes to, an emergency, including a fire, the 15 person or stationary source shall also be assessed the full cost of 16 the county or city emergency response, as well as the cost of 17 cleaning up and disposing of thehazardotis materials. Whett a 18 administerin, --ttes an enf-ofeement order or assesses an 19 , 20 21 25404.1.2.- 22 hazardous materials. 23 fb) 24 (2) Any person or stationary source that knowingly violates this 25 article after reasonable notice of the violation shall be liable for 26 administrative penalties in an amount not to exceed twenty-five 27, thousand dollars ($25,000) for each day in which the violation 28 occurs. If the violation results in, or significantly contributes to, 29 an emergency, including a fire, the person or stationary source 30 shall also be assessed the full cost of the county or city emergency 31 response, as well as the cost of cleaning up and disposing of any 32 hazardous materials. 33 (3) When an administering agency issues an enforcement order 34 or assesses an administrative penalty, or both,for a violation of 35 this article, the administering agency shall utilize the 36 administrative enforcement procedures, including the hearing 37 procedures, specified in Sections 25404.LI and 25404.1.2. 38 (e) 39 (b) Any person or stationary source that knowingly violates this 40 article after reasonable notice of the violation shall upon- 98 AB 1098 —4— I 4-1 2 thousa ($25,000) for etteh day that the violation o 3 and conviction be punished by imprisonment in the county jail not 4 to exceed one year. If the violation results in, or significantly 5 contributes to an emergency, including a fire, the person or 6 stationary source shall also be assessed the full cost of the county 7 or city emergency response, as well as the cost of cleaning up and 8 disposing of any hazardous materials. 9 SEE3. . No reimbursement is required by this aet pttfstta 11 the e 13 infraetion,eliminates a eriffle or infraetion,or ehanges the penalty 14 for a erime or infraetion, 15 the Govemment Code, 16 the meaning of Seetion 6 of Artiele X111.B of the G li fbrni 17 `'o_ O 98 TO: BOARD OF SUPERVISORS Contra FROM: William Walker, M.D., Health Services Director o, -_�,I�,,Nw ,4 ;� Costa By: Randall L. Sawyer, Hazardous Materials Director aS;A.cBiiK' County DATE: May 8, 2007 SUBJECT: SUPPORT POSITION on AB 1130 (Laird) —Above Ground Storage Tank Inspections SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: SUPPORT Assembly Bill 1130 (Laird) that would transfer the responsibility of inspecting above ground storage tank used for storing petroleum products from the State Water Quality Control and Regional Water Quality Control Boards to the local Certified Unified Program Agencies. FISCAL IMPACT: Monies distributed from fees that have been collected by the Water Quality Control Boards would offset the fiscal impact for starting up and operation for the first two years and then fees can be assessed to pay for the program in subsequent years. BACKGROUND: The County's 2007 State Legislative Platform includes the following policy position: SUPPORT efforts to transfer responsibility for inspection of above ground storage tanks from the State Water Quality Control Board to the Certified Unified Program Agencies (COPA), along with CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 'APPROVE OTHER SIGNATURE(S): ACTION OF BOA D N APPROVE AS RECOMMENDED_ 0' ER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED JOHN CULL CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: R.Sawyer,6-2286 CC: L.Delaney,CAO's office C.Christian,via CAO's office BY: Gam` DEPUTY Support Position on AB 1130 (Laird)—Above Ground Storage Tank Inspections current unexpended fees and fee assessment authority. Existing law requires the Water Quality Control Boards to inspect the business that have above ground storage tanks that store petroleum products. The inspections are to ensure the integrity and spill protection of the tanks and tank farms. The law first became into affect after an oil storage tank at the Shell Martinez Oil Refinery failed and spilled into the marsh east of 1-680 in the late 1980's. The Water Quality Control Boards have not been doing these inspections for the last five years. The fees for this program have been continued collected by the Water Quality Control Boards and have been placed in a special account. This bill would transfer the authority of the inspections from the Water Quality Control Boards to the local Certified Unified Program Agencies (CUPA). Contra Costa Health Services Hazardous Materials Programs is the CUPA for Contra Costa County. The inspection of the above ground storage tanks is consistent with the intent of combining the different hazardous material programs into a unified program. The Hazardous Material Programs already ensure that facilities with above ground storage tanks have a Spill Prevention Control and Countermeasures Plan in place. The tank inventories are already being reported as part of the Hazardous Materials Business Plan Program. So the inspection of above ground storage tanks is consistent with the existing duties that are the responsibility of the Hazardous Material Programs. The bill would transfers the funds that are in the special account to the CUPA's and for training programs as determined by the California Environmental Protection Agency Secretary. These funds are to cover the cost of starting up and operation of the program for the first two years. Fees can be assessed after this two-year period to cover the reasonable costs of the program. AMENDED IN ASSEMBLY APRIL 19, 2007 AMENDED IN ASSEMBLY APRIL 16, 2007 CALIFORNIA LEGISLATURE-2007—O8 REGULAR SESSION ASSEMBLY BILL No. 1130 Introduced by Assembly Member Laird February 23, 2007 An act to amend Sections25270,25270.2,25270.3,25270.6,25270.8, 25270.12, 25270.13, 25404, and 25404.5 of, to add Section 25270.4.5 to,to repeal Sections25-270.7 252 70.1, 252 70.7, and 25270.10 of, to repeal and add Sections 25270, 25270.4, 25270.5, 252 7n and 25270.11 of and 25270.9 of, and to repeal, add, and repeal Section 25270.11 of, the Health and Safety Code, relating to aboveground storage tanks, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1130, as amended, Laird. Aboveground storage tanks. (1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program. The Aboveground Petroleum Storage Act defines, for purposes of the act, a"storage tank"as any aboveground tank or container used for the storage of petroleum,except as specified.Existing law requires the State Water Resources Control Board and the California regional water quality control boards to administer the act with regard to a tank facility that is subject to specified federal regulations and requires a certified 97 AB 1130 —2— unified 2—unified program agency to enforce the requirements of the act regarding a spill prevention control and countermeasure plan.Existing law imposes specified inspection and monitoring requirements upon the board and the regional boards with regard to these tanks and requires a tank facility owner or operator to file a storage statement with the board. Existing law establishes the Environmental Protection Trust Fund in the State Treasury and provides that the money in the fund is available for expenditure by the board, upon appropriation by the Legislature, for specified purposes. This bill would instead require the unified program agency(UPA)to implement that act, and would make conforming changes. The bill would define the term"aboveground storage tank"and would revise the types of storage tanks subject to the act.A storage tank at a tank facility subject to specified federal regulations would be required to prepare a spill prevention control and countermeasure plan and a tank facility located on a farm, nursery, logging site, or construction site that is less than a specified capacity would be required to be subject to inspections and secondary containment requirements. The bill would require the UPA to inspect,at least once every 3 years, each storage tank within its jurisdiction that has a storage capacity of 10,000 gallons or more of petroleum, except as specified. The owner or operator of a tank facility would be required to',file an annual tank facility statement with the local agency, accompanied by a fee established by the UPA. The board, the regional board, and the UPA would be required to oversee the cleanup or abatement efforts, or to cause cleanup or abatement efforts,with regard to a release from a storage tank at a tank facility. Any expenses recovered by the board or a regional board in overseeing,or contracting for,a cleanup or abatement would be required to be deposited in the State Water Pollution Cleanup and Abatement Account,for expenditure by the board,as specified,thereby making an appropriation.. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the regulation of aboveground storage tanks. The bill would appropriate a portion of the money in the Environmental Protection Trust Fund, as of January 1, 2008, in an amount determined by the Secretary of Environmental Protection in consultation with the UPAS to a training account established and 97 -3— AB 1130 maintained by the secretary to be used for purposes of training UPA personnel in the bill's requirements of this chapter, and would appropriate all remaining funds to the UPAS to implement the bill's requirements, thereby making an appropriation. Any funds remaining in the training account established by the secretary, as of June 1, 2011, would be appropriated to the UPAS to implement the bill's requirements, thereby making an appropriation. The Environmental Protection Trust Fund and the training account would be inoperative as of July 1, 2011, and would be repealed as of January 1, 2012. (2) 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. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 4ON 1. Seetion 25-279 of the Health and Safi*Gode is 2 amended to readt 3 25279. The Legislature finds and deelares all of the followingi 4 , 5 6 to the etwirontfteftt md the publie. 7 (b) Abovegratmd storage tanks have been fimmd to leak mt 8 spill into the ground and water, 9 , 10 1988, an.estimated 400,000 11 ,eausing 12 mt�or datnage to the eeosystem in the 13 14 15 age,defeets in design or iftstallation,humatt error,and equiptne 16 €awe. 17 (d) I�N'hile there exists a statewide program R)r determining the 18 19 tm4ergrottnd tftftks, there does ttot exist a similar program to 20 eommenee to addfess the problems posed by abovegfound taitks: 97 AB 1130 —4- 1 (e) The ability to fefluee the itteidettee and damage fifo 2 hazardetts spills aftd leaks depends ttpott pfeveMive steps take 3 by ittelustfy 4Galifbmia's people, wildlif�, fish, and- 5 . 6state's 7 resettree 8 9 etwirattment. 10 SECTION 1. Section 25270 of the Health and Safety Code is 11 repealed! 12 25279. The Legislattire finds and deelares all of the Following: 13 fa�-4hefe afe 65,00.0 14 15 . 16 (b) Abovegrottn(4 stafage tanks lt�e been Found to leak an 17 spill ittto the grottnt4 atifl water, 18 ,duringAprR 19 19estimated400,000 gallons of efude oil weFe spilled into 20 , 21 major damage to the eeesystem in the 22 23 abovegmtm4 tanks afe leaks and spills from tanks due to a&mee 24 , and equipme 25 failure. 26 (d) While there exists a stafewi&program for deteffflitting the 27 amotmt and type of hazardatts substattees being stored 28 undergratmd tanks, there does not exist a similar progrttm to 29 eofmnenee to ad&ess the problems pose4 by abovegrotted tanks.- 30 fe -- ' 31 hazardotts spills and leaks depends upott preventive steps taken 32 , 33 hfts Iff mitared abovegrotm4 taftk installati , 34 35 . 36 fP)--4' Galifomia's people, wildlife, fish, an–d 37 vegetatim depend upatt a eleaft effvironmeftt. 38state's 39 40 petrolettin stofage tanks. 97 -5— AB 1130 1 SEC. 2. Section 25270 is added to the Health and Safety Code, 2 to read.- 3 25270. This chapter shall be known and may be cited as the 4 Aboveground Petroleum Storage Act. 5 SEC. 3. Section 25270.1 of the Health and Safety Code is 6 repealed. 7 252:70.1. This ehapter shall be known and maybe eite4 as the 8 . 9 SEG.. 2: 10 SEC. 4. Section 25270.2 of the Health and Safety Code is 11 amended to read: 12 25270.2. For purposes of this chapter,the following definitions 13 apply: 14 (a) "Aboveground storage tank"or"storage tank"means a tank 15 that has the capacity to store 55 gallons or more of petroleum and 16 that is substantially or totally above the surface of the ground. 17 "Aboveground storage tank"does not include any of the following: 18 (1) A pressure vessel or boiler that is subject to Part 6 19 (commencing with Section 7620)of Division 5 of the Labor Code. 20 (2) A tank containing hazardous waste,as defined in subdivision 21 (g) of Section 25316, if the Department of Toxic Substances 22 Control has issued the person owning or operating the tank a 23 hazardous waste facilities permit for the storage tank. 24 (3) An aboveground oil production tank that is subject to Section 25 3106 of the Public Resources Code. 26 (4) Oil-filled electrical equipment, including, but not limited 27 to, transformers, circuit breakers, or capacitors, if the oil-filled 28 electrical equipment meets either of the following conditions: 29 (A) The equipment contains less than 10,000 gallons of dielectric 30 fluid. 31 (B) The equipment contains 10,000 gallons or more of dielectric 32 fluid with PCB levels less than 50 parts per million, appropriate 33 containment or diversionary structures or equipment are employed 34 to prevent discharged oil from reaching a navigable water course, 35 and the electrical equipment is visually inspected in accordance 36 with the usual routine maintenance procedures of the owner or 37 operator. 38 (5) A tank regulated as an underground storage tank under 39 Chapter 6.7 (commencing with Section 25280) and Chapter 16 97 AB 1130 —6- 1 6-1 (commencing with Section 26 10) of Division 3 of Title 23 of the 2 California Code of Regulations. 3 (6) Any transportation-related tank facility, subject to the 4 authority and control of the United States Department of 5 Transportation, as defined in the Memorandum of Understanding 6 between the Secretary of Transportation and the Administrator of 7 the United States Environmental Protection Agency, dated 8 November 24, 1971, set forth in Appendix A to Part 112 9 (commencing with Section 112.1) of Subchapter D of Chapter I 10 of Title 40 of the Code of Federal Regulations. 11 (b) `Board"means the State Water Resources Control Board. 12 (c) (1) "Certified Unified Program Agency"or"CUPA"means 13 the agency certified by the Secretary for Environmental Protection 14 to implement the unified program specified in Chapter 6.11 15 (commencing with Section 25404) within a jurisdiction. 16 (2) "Participating Agency" or "PA" means an agency that has 17 a written agreement with the CUPA pursuant to subdivision (d) 18 of Section 25404.3,and is approved by the secretary,to implement 19 and enforce the unified program element specified in paragraph 20 (2)of subdivision(c)of Section 25404,in accordance with Sections 21 25404.1 and 25404.2. 22 (3) (A) "Unified Program Agency"or"UPA"means the CUPA, 23 or its participating agencies to the extent that each PA has been 24 designated by the CUPA, pursuant to a written agreement, to 25 implement and enforce the unified program element specified in 26 paragraph(2)of subdivision(c)of Section 25404.The UPAS have 27 the responsibility and authority, to the extent provided by this 28 chapter and Sections 25404.1 and 25404.2, to implement and 29 enforce the requirements of this chapter. 30 (B) After a CUPA has been certified by the secretary,the unified 31 program agency shall be the only agency authorized to enforce the 32 requirements of this chapter.. 33 (C) This paragraph shall not be construed to limit the authority 34 or responsibility granted to the board and the regional boards by 35 this chapter. 36 (d) "Operator" means the person responsible for the overall 37 operation of a tank facility. 38 (e) "Owner" means the person who owns the tank facility or 39 part of the tank facility. 97 -7— AB 1130 1 (f) "Person" means an individual, trust, firm, joint stock 2 company, corporation, including a government corporation, 3 partnership, limited liability company, or association. "Person" 4 also includes any city,county,district,the University of California, 5 the California State University,the state,any department or agency 6 thereof, and the United States, to the extent authorized by federal 7 law. 8 (g) "Petroleum"means crude oil,or any fraction thereof,which 9 is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds 10 per square inch absolute pressure. 11 (h) "Regional board"means a California regional water quality 12 control board. 13 (i) "Release" means any spilling, leaking, pumping, pouring, 14 emitting, emptying, discharging, escaping, leaching,or disposing 15 into the environment. 16 0) "Secretary" means the Secretary for Environmental 17 Protection. 18 (k) "Storage" or "store" means the containment, handling, or 19 treatment of petroleum, for any period of time, including on a 20 temporary basis. 21 (0 "Storage capacity" means the aggregate capacity of all 22 aboveground tanks at a tank facility. 23 (m) "'rank facility" means any one, or combination of, 24 aboveground storage tanks, including any piping that is integral 25 to the tank, that contains petroleum and that is used by a single 26 business entity at a single location or site. For purposes of this 27 chapter,a pipe is integrally related to an aboveground storage tank 28 if the pipe is connected to the tank and meets any of the following: 29 (1) The pipe is within the dike or containment area. 30 (2) The pipe is between the containment area and the first flange 31 or valve outside the containment area. 32 (3) The pipe is connected to the first flange or valve on the 33 exterior of the tank, if state or federal law does not require a 34 containment area. 35 SEG. .4. 36 SEC .5. Section 25270.3 of the Health and Safety Code is 37 amended.to read: 38 25270.3. A tank facility is subject to this chapter if 39 the tank facility is subject to the oil pollution prevention 40 regulations specified in Part 112(commencing with Section 112.1) 97 AB 1130 —8- 1 of Subchapter D of Chapter I of Title 40 of the Code of Federal 2 Regulations or the tank facility has a storage capacity of 1,320 3 gallons or more of petroleum. 4 SEG. 4. 5 SEC. 6. Section 25270.4 of the Health and Safety Code is 6 repealed. 7 SEC. 5 8 SEC. 7. Section 25270.4 is added to the Health and Safety 9 Code,to read: 10 25270.4. This chapter shall be implemented by the Unified 11 Program. Agency. If there is no UPA, the agency authorized 12 pursuant:to subdivision(f)of Section 25404.3 shall be deemed to 13 be the UPA for purposes of this chapter and shall implement this 14 chapter. 15 SEG. 6 16 SEC. 8. Section 25270.4.5 is added to the Health and Safety 17 Code, to read: 18 25270.4.5. (a) Except as provided in subdivision (b), each 19 owner or operator of a storage tank at a tank facility subject to this 20 chapter shall prepare a spill prevention control and countermeasure 21 plan prepared in accordance with Part 112 (commencing with 22 Section 112.1) of Subchapter D of Chapter I of Title 40 of the 23 Code of Federal Regulations. Each owner or operator specified in 24 this subdivision shall conduct periodic inspections of the storage 25 tank to assure compliance with Section 112 (commencing with 26 Section 112.1) of Subchapter D of Chapter I of Title 40 of the 27 Code of:Federal Regulations.In implementing the spill prevention 28 control and countermeasure plan,each owner or operator specified 29 in this subdivision shall fully comply with the latest version of the 30 regulations contained in Part 112(commencing with Section 112.1) 31 of Subchapter D of Chapter I of Title 40 of the Code of Federal 32 Regulations. 33 (b) A tank facility located on a farm, nursery, logging site, or 34 construction site is not subject to subdivision(a)if no storage tank 35 at the location exceeds 20,000 gallons and the cumulative storage 36 capacity of the tank facility does not exceed 100,000 gallons. The 37 owner or operator of a tank facility exempt pursuant to this 38 subdivision shall take the following actions: 39 (1) Conduct a daily visual inspection of any storage tank storing 40 petroleum. 97 -9— AB 1130 1 (2) Allow the UPA to conduct a periodic inspection of the tank 2 facility. 3 (3) Install a secondary means of containment for the entire 4 contents of the largest storage tank at the tank facility, plus 5 sufficient space for precipitation, if the UPA determines this 6 installation is necessary for the protection of the waters of the state. 7 SEG.-7-. 8 SEC. 9. Section 25270.5 of the Health and Safety Code is 9 repealed. 10 SEC-8 11 SEC. 10. Section 25270.5 is added to the Health and Safety 12 Code,to read: 13 25270.5. (a) Except as provided in subdivision (b), at least 14 once every three years, the UPA shall inspect each storage tank 15 or a representative sampling of the storage tanks at each tank 16 facility that has a storage capacity of 10,000 gallons or more of 17 petroleum. The purpose of the inspection shall be to determine 18 whether the owner or operator is in compliance with the spill 19 prevention control and countermeasure plan requirements of this 20 chapter. 21 (b) The UPA may develop an alternative inspection and 22 compliance plan, subject to approval by the secretary. 23 (c) An inspection conducted pursuant to this section does not 24 require the oversight of a professional engineer. 25 SEC. 9. 26 SEC. 11. Section 25270.6 of the Health and Safety Code is 27 amended to read: 28 25270.6. (a) On or before January 1, 2009, and on or before 29 January 1 annually thereafter, each owner or operator of a tank 30 facility subject to this chapter shall file with the UPA a tank facility 31 statement that shall identify the name and address of the tank 32 facility, a contact person for the tank facility, the total storage 33 capacity of the tank facility, and the location, size, age, and 34 contents of each storage tank that exceeds 10,000 gallons in 35 capacity and that holds a substance containing at least 5 percent 36 of petroleum.A copy of a statement submitted previously pursuant 37 to this section may be submitted in lieu of a new tank facility 38 statement if no new or used storage tanks have been added to the 39 facility or if no significant modifications have been made. For 40 purposes of this section, a significant modification includes, but 97 AB 1130 —10- 1 is not limited to, altering existing storage tanks or changing spill 2 prevention or containment methods. 3 (b) On or before January 1, 2010, and on or before January 1 4 of each year thereafter, each owner or operator of a tank facility 5 who is required to submit a tank facility statement pursuant to 6 subdivision(a)shall pay a fee to the UPA.The governing body of 7 the UPA. shall establish a fee, as part of the single fee system 8 implemented pursuant to Section 25404.5, at a level sufficient to 9 pay the :necessary and reasonable costs incurred by the UPA in 10 administering this chapter,including but not limited to,inspections, 11 enforcement, and administrative costs. The UPA may provide for 12 a waiver of these fees when a state or local government agency 13 submits a tank facility statement. 14 SEG. 14. 15 SEC. 12. Section 25270.7 of the Health and Safety Code is 16 repealed. 17 SEE. ice 18 SEC. 13. Section 25270.8 of the Health and Safety Code is 19 amended to read: 20 25270.8. Each owner or operator of a tank facility shall 21 immediately, upon discovery, notify the Office of Emergency 22 Services and the UPA using the appropriate 24-hour emergency 23 number or the 911 number, as established by the UPA, or by the 24 governing body of the UPA, of the occurrence of a spill or other 25 release of one barrel (42 gallons) or more of petroleum that is 26 required to be reported pursuant to subdivision(a)of Section 13272 27 of the Water Code. 28 SEG.-ice 29 SEC. 14. Section 25270.9 of the Health and Safety Code is 30 repealed. 31 SEG. 32 SEC .15. Section 25270.9 is added to the Health and Safety 33 Code, to read: 34 25270.9. (a) The board,the regional board,and the UPA shall 35 oversee cleanup or abatement efforts, or cause cleanup or 36 abatement efforts,of a release from a storage tank at a tank facility. 37 The UPA may refer the oversight or cleanup of a release from a 38 storage tank at a tank facility to a regional board for action, if 39 appropriate, pursuant to Division 7 (commencing with Section 40 13000) of the Water Code. 97 -11— AB 1130 1 (b) The reasonable expenses of the board, the regional board, 2 and the UPA incurred in overseeing, or contracting for, a cleanup 3 or abatement that results from a release at a tank facility is a charge 4 against the owner or operator of the tank facility. Expenses 5 reimbursed to a public agency under this section are a debt of the 6 tank facility owner or operator, and shall be collected in the same 7 manner as in the case of an express or implied obligation under 8 contract. 9 (c) Notwithstanding Article 3(commencing with Section 13440) 10 of Division 7 of the Water Code, the expenses recovered by the 11 board or a regional board pursuant to this section shall be deposited 12 in the State Water Pollution Cleanup and Abatement Account and 13 may be expended by the board in accordance with Section 13441 14 of the Water Code. 15 (d) The expenses recovered by the UPA pursuant to this section 16 shall be deposited in an account maintained by the UPA for the 17 purposes of carrying out this chapter. 18 SEG. 44-. 19 SEC. 16. Section 25270.10 of the Health and Safety Code is 20 repealed. 21 SEG. 1-5: 22 SEC. .17. Section 25270.11 of the Health and Safety Code is 23 repealed. 24 SEG. 1-6. 25 SEC. .18. Section 25270.11 is added to the Health and Safety 26 Code, to read: 27 25270.11. (a) All money remaining in the Environmental 28 Protection Trust Fund as of January 1,2008,is hereby appropriated 29 for expenditure in the following manner: 30 (a) 31 (1) A portion of the funds, in an amount determined by the 32 secretary in consultation with the UPAs, to a training account 33 established and maintained by the secretary,to be used for purposes. 34 of training UPA personnel in the requirements of this chapter. 35 (b) 36 (2) All remaining funds in the Environmental Protection Trust 37 Fund,shall be allocated to the UPAs,in accordance with a formula 38 and process determined by the secretary in consultation with the 39 UPAs. The UPAs shall expend those funds for the purpose of 40 implementing this chapter. 97 AB 1130 —12- 1 (b) All moneys remaining in the training account established 2 pursuant to paragraph (1) of subdivision (a), as of June 1, 2D11, 3 shall be allocated pursuant to paragraph (2) of subdivision (a). 4 (c) This section shall become inoperative on July 1, 2011, and, 5 as of January 1, 2012, is repealed, unless a later enacted statute, 6 that becomes operative on or before January 1, 2012, deletes or 7 extends the dates on which it becomes inoperative and is repealed. 8 SEG- . 9 SEC. 19. Section 25270.12 of the Health and Safety Code is 10 amended to read: 11 25270.12. (a) Any owner or operator of a tank facility who 12 fails to prepare a spill prevention control and countermeasure 13 plan in compliance with subdivision (a) of Section 25270.4.5, to 14 file a tank facility statement pursuant to subdivision(a)of Section 15 25270.6, to submit the fee required by subdivision(b) of Section 16 25270.6, to report spills as required by Section 25270.8, or 17 otherwise to comply with the requirements of this chapter, is 18 subject to a civil penalty of not more than five thousand dollars 19 ($5,000) for each day on which the violation continues. If the 20 owner or operator commits a second or subsequent violation, a 21 civil penalty of not more than ten thousand dollars ($10,000) for 22 each day on which the violation continues may be imposed. 23 (b) (1) The civil penalties provided by this section may be 24 assessed and recovered in a civil action brought by theme awe 25 regional beatd, eity attomer, distriet attorner, or the Attomey 26 Getteml. city attorney or district attorney on behalf of the UPA. 27 (4� 28 (2) Fifty percent of all penalties assessed and recovered in a 29 civil action brought on behalf of a UPA pursuant to this subdivision 30 shall be deposited into a unified program account established by 31 the UPA for the purpose of carrying out the functions of the unified 32 program and 50 percent shall be paid to the office of the city 33 attorney;distr4et attarner,or Attorney G etteral or district attorney, 34 whoever brought that action. 35 (c) (1) The civil penalties provided in this section may be 36 assessed and recovered in a civil action brought by the Attorney 37 General on behalf of the board or a regional board, or on behalf 38 of the people of the State of California. 39 (2) All penalties assessed and recovered in a civil action brought 40 by or for the boatd or a regional boafd pursuant to this seetion 97 -13— AB 1130 1 pursuant to this subdivision shall be deposited in the State Water 2 Pollution Cleanup and Abatement Account for expenditure by the 3 board in accordance with Section 13441 of the Water Code. 4 (e) 5 (d) Th ,city attorney,district attorney, 6 or the Attorney General may seek to enjoin, in any court of 7 competent jurisdiction, any person believed to be in violation of 8 this chapter. 9 ¢d) 10 (e) The penalties specified in this section are in addition to any 11 other penalties provided by law. 12 SEG. 13 SEC .20. Section 25270.13 of the Health and Safety Code is 14 amended to read: 15 25270.13. (a) This chapter does not preempt local storage tank 16 ordinances, in effect as of August 16, 1989, that meet or exceed 17 the standards prescribed by this chapter. 18 (b) This chapter does not preempt the authority granted to the 19 board and the regional boards under the Porter Cologne Water 20 Quality Control Act(Division 7(commencing with Section 13000) 21 of the Water Code). 22 SEG. 1-9. 23 SEC. 21. Section 25404 of the Health and Safety Code is 24 amended to read: 25 25404. (a) For purposes of this chapter, the following terms 26 shall have the following meanings: 27 (1) (A) "Certified Unified Program Agency"or"CUPA"means 28 the agency certified by the secretary to implement the unified 29 program specified in this chapter within a jurisdiction. 30 (B) "Participating Agency" or "PA" means a state or local 31 agency that has a written agreement with the CUPA pursuant to 32 subdivision (d) of Section 25404.3, and is approved by the 33 secretary, to implement or enforce one or more of the unified 34 program elements specified in subdivision(c),in accordance with 35 Sections 25404.1 and 25404.2. 36 (C) "Unified Program Agency"or"UPA"means the CUPA, or 37 its participating agencies to the extent each PA has been designated 38 by the CUPA, pursuant to a written agreement, to implement or 39 enforce a particular unified program element specified in 40 subdivision (c). The UPAS have the responsibility and authority 97 AB 1130 —14- 1 14-1 to implement and enforce the requirements listed in subdivision 2 (c), and the regulations adopted to implement the requirements 3 listed in subdivision (c), to the extent provided by Chapter 6.5 4 (commencing with Section 25100), Chapter 6.67 (commencing 5 with Section 25270), Chapter 6.7 (commencing with Section 6 25280), Chapter 6.95 (commencing with Section 25500), and 7 Sections 25404.1 and 25404.2. After a CUPA has been certified 8 by the secretary, the unified program agencies and the state 9 agencies carrying out responsibilities under this chapter shall be 10 the only agencies authorized to enforce the requirements listed in 11 subdivision(c)within the jurisdiction of the CUPA. 12 (2) "Department" means the Department of Toxic Substances 13 Control. 14 (3) "Minor violation" means the failure of a person to comply 15 with any requirement or condition of any applicable law, 16 regulation, permit, information request, order, variance, or other 17 requirement, whether procedural or substantive, of the unified 18 program that the UPA is authorized to implement or enforce 19 pursuant to this chapter, and that does not otherwise include any 20 of the following: 21 (A) A violation that results in injury to persons or property, or 22 that presents a significant threat to human health or the 23 environment. 24 (B) A knowing, willful, or intentional violation. 25 (C) A violation that is a chronic violation,or that is committed 26 by a recalcitrant violator. In determining whether a violation is 27 chronic or a violator is recalcitrant,the UPA shall consider whether 28 there is evidence indicating that the violator has engaged in a 29 pattern of neglect or disregard with respect to applicable regulatory 30 requirements. 31 (D) A violation that results in an emergency response from a 32 public safety agency. 33 (E) A violation that enables the violator to benefit economically 34 from the noncompliance, either by.reduced costs or competitive 35 advantage. 36 (F) A class I violation as provided in Section 25117.6. 37 (G) A class II violation committed by a chronic or a recalcitrant 38 violator, as provided in Section 25117.6. 39 (H) A violation that hinders the ability of the UPA to determine 40 compliance with any other applicable local, state, or federal rule, 97 -15— AB 1130 1 regulation, information request, order, variance, permit, or other 2 requirement. 3 (4) "Secretary" means the Secretary for Environmental 4 Protection. 5 (5) "Unified program facility" means all contiguous land and 6 structures, other appurtenances, and improvements on the land 7 that are subject to the requirements listed in subdivision (c). 8 (6) "Unified program facility permit" means a permit issued 9 pursuant to this chapter.For the purposes of this chapter,a unified 10 program facility permit encompasses the permitting requirements 11 of Section 25284, and any permit or authorization requirements 12 under any local ordinance or regulation relating to the generation 13 or handling of hazardous waste or hazardous materials, but does 14 not encompass the permitting requirements of a local ordinance 15 that incorporates provisions of the Uniform Fire Code or the 16 Uniform Building Code. 17 (b) The secretary shall adopt implementing regulations and 18 implement a unified hazardous waste and hazardous materials 19 management regulatory program, which shall be known as the 20 unified program, after holding an appropriate number of public 21 hearings throughout the state. The unified program shall be 22 developed in close consultation with the director, the Director of 23 the Office of Emergency Services, the State Fire Marshal, the 24 executive officers and chairpersons of the State Water Resources 25 Control Board and the California regional water quality control 26 boards, the local health officers, local fire services, and other 27 appropriate officers of interested local agencies, and affected 28 businesses and interested members of the public, including 29 environmental organizations. 30 (c) The unified program shall consolidate the administration of 31 the following requirements, and shall, to the maximum extent 32 feasible within statutory constraints, ensure the coordination and 33 consistency of any regulations adopted pursuant to those 34 requirements: 35 (1) (A) Except as provided in subparagraphs (B) and (C), the 36 requirements of Chapter 6.5 (commencing with Section 25100), 37 and the regulations adopted by the department pursuant thereto, 38 are applicable to all of the following: 39 (i) Hazardous waste generators, persons operating pursuant to 40 a permit-by-rule, conditional authorization, or conditional 97 AB 1130 —16- 1 exemption, pursuant to Chapter 6.5 (commencing with Section 2 25 100) or the regulations adopted by the department. 3 (ii) Persons managing perchlorate materials. 4 (iii) Persons subject to Article 10.1 (commencing with Section 5 25211) of Chapter 6.5. 6 (B) The unified program shall not include the requirements of 7 paragraph (3) of subdivision (c) of Section 25200.3, the 8 requirements of Sections 25200.10 and 25200.14,and the authority 9 to issue an order under Sections 25187 and 25187.1, with regard 10 to those portions of a unified program facility that are subject to 11 one of the following: 12 (i) A corrective action order issued by the department pursuant 13 to Section 25187. 14 (ii) An order issued by the department pursuant to Chapter 6.8 15 (commencing with Section 25300)or Chapter 6.85 (commencing 16 with Section 25396). 17 (iii) A remedial action plan approved pursuant to Chapter 6.8 18 (commencing with Section 25300) or Chapter 6.85 (commencing 19 with Section 25396). 20 (iv) A cleanup and abatement order issued by a California 21 regional water quality control board pursuant to Section 13304 of 22 the Water Code,to the extent that the cleanup and abatement order 23 addresses the requirements of the applicable section or sections 24 listed in this subparagraph. 25 (v) Corrective action required under subsection (u) of Section 26 6924 of Title 42 of the United States Code or subsection (h) of 27 Section 6928 of Title 42 of the United States Code. 28 (vi) An environmental assessment pursuant to Section 25200.14 29 or a corrective action pursuant to Section 25200.10 or paragraph 30 (3) of subdivision (c) of Section 25200.3, that is being overseen 31 by the department. 32 (C) The unified program shall not include the requirements of 33 Chapter 6.5(commencing with Section 25100),and the regulations 34 adopted by the department pursuant thereto,applicable to persons 35 operating transportable treatment units, except that any required 36 notice regarding transportable treatment units shall also be provided 37 to the CUPAs. 38 (2) The requirements of Chapter 6.67(commencing with Section 39 25270) concerning aboveground storage tanks. 97 -17— AB 1130 1 (3) (A) Except as provided in subparagraphs (B) and (C), the 2 requirements of Chapter 6.7 (commencing with Section 25280) 3 concerning underground storage tanks and the requirements of any 4 underground storage tank ordinance adopted by a city or county. 5 (B) The unified program may not include the responsibilities 6 assigned to the State Water Resources Control Board pursuant to 7 Section 25297.1. 8 (C) The unified program may not include the corrective action 9 requirements of Sections 25296.10 to 25296.40, inclusive. 10 (4) The requirements of Article I (commencing with Section 11 25500) of Chapter 6.95 concerning hazardous material release 12 response plans and inventories. 13 (5) The requirements of Article 2 (commencing with Section 14 25531) of Chapter 6.95, concerning the accidental release 15 prevention program. 16 (6) The requirements of subdivisions (b) and (c) of Section 17 80.103 of the Uniform Fire Code, as adopted by the State Fire 18 Marshal pursuant to Section 13143.9 concerning hazardous material 19 management plans and inventories. 20 (d) To the maximum extent feasible within statutory constraints, 21 the secretary shall consolidate, coordinate, and make consistent 22 these requirements of the unified program with other requirements 23 imposed by other federal, state, regional, or local agencies upon 24 facilities regulated by the unified program. 25 (e) (1,1 The secretary shall establish standards applicable to 26 CUPAs, participating agencies, state agencies, and businesses 27 specifying the data to be collected and submitted by unified 28 program agencies in administering the programs listed in 29 subdivision (c). Those standards shall incorporate any standard 30 developed under Section 25503.3. 31 (2) The secretary shall establish an electronic geographic 32 information management system capable of receiving all data 33 collected by the unified program agencies pursuant to this 34 subdivision and Section 25504.1. The secretary shall make all 35 nonconfidential data available on the Internet. 36 (3) (A) As funding becomes available, the secretary shall 37 establish, consistent with paragraph (2), and thereafter maintain, 38 a statewide database. 39 (B) The secretary, or one or more of the boards, departments, 40 or offices within the California Environmental Protection Agency, 97 AB 1130 —18- 1 18-1 shal l seek available federal funding for purposes of implementing 2 this subdivision. 3 (4) Once the statewide database is established, the secretary 4 shall work with the CUPAs to develop a phased-in schedule for 5 the electronic collection and submittal of information to be included 6 in the statewide database, giving first priority to information 7 relating to those chemicals determined by the secretary to be of 8 greatest concern.The secretary,in making this determination shall 9 consult with the CUPAs, the Office of Emergency Services, the 10 State Fire Marshal,and the boards,departments,and offices within 11 the California Environmental Protection Agency.The information 12 initially:included in the statewide database shall include,but is not 13 limited to,the hazardous materials inventory information required 14 to be submitted pursuant to Section 25504.1 for perchlorate 15 materials. 16 SFG-:29. 17 SEC .22. Section 25404.5 of the Health and Safety Code is 18 amended to read: 19 25404.5. (a) (1) Each certified unified program agency shall 20 institute a single fee system, which shall replace the fees levied 21 pursuant to Sections 25201.14 and 25205.14, except for 22 transportable treatment units permitted under Section 25200.2, 23 and which shall also replace any fees levied by a local agency 24 pursuant to Sections 25143.10, 25270.6, 25287, 25513, and 25 25535.5, or any other fee levied by a local agency specifically to 26 fund the implementation of the provisions specified in subdivision 27 (c)of Section 25404.Notwithstanding Sections 25143.10,25270.6, 28 25201.14, 25205.14, 25287, 25513, and 25535.5, a person who 29 complies with the certified unified program agency's "single fee 30 system" fee shall not be required to pay any fee levied pursuant 31 to those sections,except for transportable treatment units permitted 32 under Section 25200.2. 33 (2) (A) The governing body of the local certified unified 34 program agency shall establish the amount to be paid by each 35 person regulated by the unified program under the single fee system 36 at a level sufficient to pay the necessary and reasonable costs 37 incurred by the certified unified program agency and by any 38 participating agency pursuant to the requirements of subparagraph 39 (E)of paragraph(1) of subdivision(d) of Section 25404.3. 97 -19— AB 1130 1 (B) The secretary shall establish the amount to be paid when 2 the unified program agency is a state agency. 3 (3) The fee system may also be designed to recover the 4 necessary and reasonable costs incurred by the certified unified 5 program agency, or a participating agency pursuant to the 6 requirements of subparagraph(E)of paragraph(1)of subdivision 7 (d) of Section 25404.3, in administering provisions other than 8 those specified in subdivision (c) of Section 25404, if the 9 implementation and enforcement of those provisions has been 10 incorporated as part of the unified program by the certified unified 11 program agency pursuant to subdivision (b) of Section 25404.2, 12 and if the single fee system replaces any fees levied as of January 13 1, 1994,to fund the implementation of those additional provisions. 14 (4) The amount to be paid by a person regulated by the unified 15 program may be adjusted to account for the differing costs of 16 administering the unified program with respect to that person's 17 regulated activities. 18 (b) (1) Except as provided in subdivision (d), the single fee 19 system instituted by each certified unified program agency shall 20 include an assessment on each person regulated by the unified 21 program of a surcharge,the amount of which shall be determined 22 by the secretary annually, to cover the necessary and reasonable 23 costs of the state agencies in carrying out their responsibilities 24 under this chapter. The secretary may adjust the amount of the 25 surcharge to be collected by different certified unified program 26 agencies to reflect the different costs incurred by the state agencies 27 in supervising the implementation of the unified program in 28 different jurisdictions, and in supervising the implementation of 29 the unified program in those jurisdictions for which the secretary 30 has waived the assessment of the surcharge pursuant to subdivision 31 (d).The certified unified program agency may itemize the amount 32 of the surcharge on any bill, invoice, or return that the agency 33 sends to a person regulated by the unified program.Each certified 34 unified program agency shall transmit all surcharge revenues 35 collected to the secretary on a quarterly basis.The surcharge shall 36 be deposited in the Unified Program Account, which is hereby 37 created in the General Fund and which may be expended, upon 38 appropriation by the Legislature,by state agencies for the purposes 39 of implementing this chapter. 97 AB 1130 —20- 1 20-1 (2) On or before January 10, 2001,the secretary shall report to 2 the Legislature on whether the number of persons subject to 3 regulation by the unified program in any county is insufficient to 4 support the reasonable and necessary cost of operating the unified 5 program using only the revenues from the fee. The secretary's 6 report shall consider whether the surcharge required by subdivision 7 (a) should include an assessment to be used to supplement the 8 funding of unified program agencies that have a limited number 9 of entities regulated under the unified program. 10 (c) Each certified unified program agency and the secretary 11 shall, before the institution of the single fee system and the 12 assessment of the surcharge, implement a fee accountability 13 program.designed to encourage more efficient and cost-effective 14 operation of the program for which the single fee and surcharge 15 are assessed. The fee accountability programs shall include those 16 elements of the requirements of the plan adopted pursuant to former 17 Section 25206, as it read on January 1, 1995, that the secretary 18 determines are appropriate. 19 (d) The secretary may waive the requirement for a county to 20 assess a surcharge pursuant to subdivision (b), if both of the 21 following conditions apply: 22 (1) The county meets all of the following conditions: 23 (A) The county submits an application to the secretary for 24 certification on or before January 1, 1996,that incorporates all of 25 the requirements of this chapter,and includes the county's request 26 for a waiver of the surcharge, and contains documentation that 27 demonstrates, to the satisfaction of the secretary, both of the 28 following: 29 (i) That the assessment of the surcharge will impose a significant 30 economic burden on most businesses within the county. 31 (ii) That the combined dollar amount of the surcharge and the 32 single fee system to be assessed by the county pursuant to 33 subdivision(a)exceeds the combined dollar amount of all existing 34 fees that are replaced by the single fee system for most businesses 35 within the county. 36 (B) The application for certification,including the information 37 required by subparagraph (A), is determined by the secretary to 38 be complete, on or before April 30, 1996. The secretary, for good 39 cause, may grant an extension of that deadline of up to 90 days. 97 -21— AB 1130 1 (C) The county is certified by the secretary on or before 2 December 31, 1996. 3 (D) On or before January 1, 1994, the county completed the 4 consolidation of the administration of the hazardous waste 5 generator program,the hazardous materials release response plans 6 and inventories program, and the underground storage tank 7 program,referenced in paragraphs (1), (3), and(4)of subdivision 8 (c) of Section 25404, into a single program within the county's 9 jurisdiction. 10 (E) The county demonstrates that it will consolidate the 11 administration of all programs specified in subdivision (c) of 12 Section 25404,and that it will also consolidate the administration 13 of at least one additional program that regulates hazardous waste, 14 hazardous substances, or hazardous materials, as specified in 15 subdivision (d) of Section 25404.2, other than the programs 16 specified in subdivision(c)of Section 25404,into a single program 17 to be administered by a single agency in the county's jurisdiction 18 at the time that the county's certification by the secretary becomes 19 effective. 20 (2) The secretary makes all of the following findings: 21 (A) The county meets all of the criteria specified in paragraph 22 (1). 23 (B) The assessment of the surcharge would impose a significant 24 economic burden on most businesses within the county. 25 (C) The combined dollar amount of the surcharge and the single 26 fee system to be assessed by the county pursuant to subdivision 27 (a)would exceed the combined dollar amount of all existing fees 28 that are :replaced by the single fee system for most businesses 29 within the county. 30 (D) The waiver of the surcharge for those counties applying for 31 and qualifying for a waiver, and the resulting increase in the 32 surcharge for other counties, would not, when considered 33 cumulatively,impose a significant economic burden on businesses 34 in any other county that does not apply for, or does not meet the 35 criteria for, a waiver of the surcharge. 36 (e) The secretary shall review all of the requests for a waiver 37 of the surcharge made pursuant to subdivision(d)simultaneously, 38 so as to adequately assess the cumulative impact of granting the 39 requested waivers on businesses in those counties that have not 40 applied,or do not qualify, for a waiver, and shall grant or deny all 97 AB 1130 —22- 1 22-1 requests for a waiver of the surcharge within 30 days from the date 2 that the secretary certifies all counties applying, and qualifying, 3 for a waiver. If the secretary finds that the grant of a waiver of the 4 surcharge for all counties applying and qualifying for the waiver 5 will impose a significant economic burden on businesses in one 6 or more other counties, the secretary shall take either of the 7 following actions: 8 (1) Deny all of the applications for a waiver of the surcharge. 9 (2) Approve only a portion of the waiver requests for counties 10 meeting the criteria set forth in subdivision(d), to the extent that 11 the approved waivers, when taken as a whole,meet the condition 12 specified in subparagraph(D)of paragraph(2)of subdivision(d). 13 In determining which of the counties' waiver requests to grant, 14 the secretary shall consider all of the following factors: 15 (A) The relative degree to which the assessment of the surcharge 16 will impose a significant economic burden on most.businesses 17 within each county applying and qualifying for a waiver. 18 (B) The relative degree to which the combined dollar amount 19 of the surcharge and the single fee system to be assessed,pursuant 20 to subdivision (a), by each county applying and qualifying for a 21 waiver exceeds the combined dollar amount of all existing fees 22 that are replaced by the single fee system for most businesses 23 within the county. 24 (C) The relative extent to which each county applying and 25 qualifying for a waiver has incorporated,or will incorporate,upon 26 certification, additional programs pursuant to subdivision (d) of 27 Section 25404.2, into the unified program within the county's 28 jurisdiction. 29 (f) The secretary may, at any time, terminate a county's waiver 30 of the surcharge granted pursuant to subdivisions(d)and(e)if the 31 secretary determines that the criteria specified in subdivision(d) 32 for the grant of a waiver are no longer met. 33 SEG. 34 SEC. 23. No reimbursement is required by this act pursuant to 35 Section 6 of Article XIIIB of the California Constitution because 36 a local agency or school district has the authority to levy service 37 charges, :fees, or assessments sufficient to pay for the program or 97 -23— AB 1130 1 level of service mandated by this act,within the meaning of Section 2 17556 of the Government Code. O 97