State Codes and Statutes

Statutes > California > Hsc > 25245-25249

HEALTH AND SAFETY CODE
SECTION 25245-25249



25245.  (a) The department shall adopt, and revise when appropriate,
standards and regulations which shall do both of the following:
   (1) Specify the financial assurances to be provided by the owner
or operator of a hazardous waste facility that are necessary to
respond adequately to damage claims arising out of the operation of
that type of facility and to provide for the cost of closure and
subsequent maintenance of the facility, including, but not limited
to, the monitoring of groundwater and other aspects of the
environment after closure. If the facility is required to obtain a
permit under the federal act, the financial assurance shall be a
trust fund, surety bond, letter of credit, insurance, or any other
mechanism authorized under the federal act and the regulations
adopted pursuant to the federal act. If the facility is not required
to obtain a permit under the federal act, the financial assurance may
include any other equivalent financial arrangement acceptable to the
department.
   (2) Provide that every hazardous waste facility can be closed and
maintained for at least 30 years subsequent to its closure in a
manner that protects human health and the environment and minimizes
or eliminates the escape of hazardous waste constituents, leachate,
contaminated rainfall, and waste decomposition products to ground and
surface waters and to the atmosphere.
   (b) In adopting regulations pursuant to subdivision (a), to carry
out the purposes of this chapter, the department may specify policy
or other contractual terms, conditions, or defenses which are
necessary or are unacceptable in establishing evidence of financial
responsibility.
   (1) If an owner or operator is in bankruptcy pursuant to Title 11
of the United States Code, or where, with reasonable diligence,
jurisdiction in any state or federal court cannot be obtained over an
owner or operator likely to be solvent at the time of judgment, any
claim arising from conduct for which this section requires evidence
of financial responsibility may be asserted directly against the
guarantor who provided the evidence of financial responsibility.
   (2) The total liability of any guarantor is limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this chapter.
   (3) This subdivision does not limit any other state or federal
statutory, contractual, or common law liability of a guarantor to the
owner or operator, including, but not limited to, the liability of
the guarantor for bad faith in either negotiating or in failing to
negotiate the settlement of any claim.
   (4) This subdivision does not diminish the liability of any person
under Section 107 or 111 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Secs.
9607 and 9611).
   (5) For purposes of this subdivision, "guarantor" means any
person, other than the owner or operator, who provides evidence of
financial responsibility for an owner or operator under this section.




25245.4.  (a) (1) (A) On and before September 30, 1996, a facility
or transportable treatment unit operating pursuant to a
permit-by-rule is exempt from any standard or regulation requiring
the provision of financial assurances for the costs of closing a
treatment unit of the facility authorized under a permit-by-rule or
closing the transportable treatment unit that is adopted by the
department pursuant to paragraph (1) of subdivision (a) of Section
25245.
   (B) On and after October 1, 1996, a facility or transportable
treatment unit operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, shall provide financial
assurances for the costs of closing a treatment unit of the facility
authorized under a permit-by-rule under those regulations, or closing
the transportable treatment unit, as specified in the standards and
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and subdivision (d), unless the
facility or transportable treatment unit is exempt from those
financial assurance requirements pursuant to this chapter. A facility
operating pursuant to a permit-by-rule which operates not more than
30 days in any calendar year is not required to provide financial
assurances for the costs of closure of such a treatment unit pursuant
to paragraph (1) of subdivision (a) of Section 25245.
   (2) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is exempt from any standard or regulation
requiring the provision of financial assurances for third-party
liability that is adopted by the department pursuant to paragraph (1)
of subdivision (a) of Section 25245.
   (3) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is not required to provide financial assurances
for postclosure maintenance pursuant to paragraph (2) of subdivision
(a) of Section 25245, unless the department determines, pursuant to
the regulations adopted by the department, that the facility is
required to obtain a postclosure permit.
   (b) (1) (A) On and before September 30, 1996, a conditionally
authorized generator who treats waste pursuant to Section 25200.3 is
exempt from any standard or regulation requiring the provision of
financial assurance for the costs of closing the conditionally
authorized units that is adopted by the department pursuant to
paragraph (1) of subdivision (a) of Section 25245.
   (B) On and after October 1, 1996, a conditionally authorized
generator who treats waste pursuant to Section 25200.3 shall provide
financial assurances for the costs of closing the conditionally
authorized units, as specified in the standards and regulations
adopted by the department pursuant to paragraph (1) of subdivision
(a) of Section 25245 and subdivision (d).
   (2) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3 shall not be required to
provide financial assurances for third-party liability damages
pursuant to paragraph (1) of subdivision (a) of Section 25245.
   (3) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3, shall not be required to
provide financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department that the generator is required to obtain a postclosure
permit.
   (c) Notwithstanding any other provision of law, a person who
treats waste pursuant to a grant of conditional exemption under this
chapter is exempt, for those activities, from any standards or
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and is not required to provide
financial assurances for the costs of closing the treatment units or
for damage claims arising out of the operations of the unit pursuant
to paragraph (1) of subdivision (a) of Section 25245, or to provide
financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department, that the person is required to obtain a postclosure
permit.
   (d) (1) On or before February 1, 1996, the department shall adopt
regulations to implement subparagraph (B) of paragraph (1) of
subdivision (a) and subparagraph (B) of paragraph (1) of subdivision
(b).
   (2) The regulations adopted pursuant to this subdivision may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (3) The adoption of regulations pursuant to this subdivision is an
emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public peace,
health and safety, and general welfare.



25246.  (a) Each owner or operator of a hazardous waste facility
shall submit hazardous waste facility closure and postclosure plans
to the department and to the California regional water quality
control board for the region in which the facility is located. The
plans shall contain the owner's or operator's estimate of the cost of
closure and subsequent maintenance, shall conform to the regulations
adopted by the department and shall comply with applicable state
laws relating to water quality protection and monitoring.
   (b) The plans specified in subdivision (a) shall be submitted to
the department with the application for a hazardous waste facilities
permit or when otherwise requested by the department. The plans shall
be submitted to the California regional water quality control board
with a report of waste discharge submitted in accordance with Section
13260 of the Water Code. An owner or operator who has submitted a
request for, or received a hazardous waste facilities permit prior
to, the adoption of the standards and regulations pursuant to Section
25245 shall submit the plans within 180 days after the department
issues a written request for the plans. Prior to actual closure of
the facility, the plans shall be updated if requested by the
department. However, no owner or operator shall be required to revise
or amend a closure plan after the department notifies the owner or
operator in writing that the closure of the facility has been
completed in accordance with the approved closure plan.
   (c) An owner or operator who has not submitted facility closure
and postclosure plans shall submit the plans at least 180 days prior
to closure of the hazardous waste facility.
   (d) This section does not apply to any person operating under a
permit-by-rule, a conditional authorization, or a conditional
exemption, pursuant to this chapter or the regulations adopted by the
department.


25247.  (a) The department shall review each plan submitted pursuant
to Section 25246 and shall approve the plan if it finds that the
plan complies with the regulations adopted by the department and
complies with all other applicable state and federal regulations.
   (b) The department shall not approve the plan until at least one
of the following occurs:
   (1) The plan has been approved pursuant to Section 13227 of the
Water Code.
   (2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this
60-day period shall not begin until the owner or operator resubmits
the plan to the department.
   (3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.
   (c) Any action taken by the department pursuant to this section is
subject to Section 25204.5.
   (d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.
   (A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to this
subdivision, the department shall provide a meaningful opportunity
for public involvement, which, at a minimum, shall include public
notice and an opportunity for public comment on the proposed action.
   (C) For the purposes of subparagraph (B), a "significant
modification" is a modification that the department determines would
constitute a class 3 permit modification if the change were being
proposed to a hazardous waste facilities permit. In determining
whether the proposed modification would constitute a class 3
modification, the department shall consider the similarity of the
modification to class 3 modifications codified in Appendix I of
Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title
22 of the California Code of Regulations. In determining whether the
proposed modification would constitute a class 3 modification, the
department shall also consider whether there is significant public
concern about the proposed modification, and whether the proposed
change is so substantial or complex in nature that the modification
requires the more extensive procedures of a class 3 permit
modification.
   (2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.
   (3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, pay the same fee specified in
subparagraph (F) of paragraph (1) of subdivision (d) of Section
25205.7, or enter into a cost reimbursement agreement pursuant to
subdivision (a) of Section 25205.7 and upon commencement of the
postclosure period shall pay the fee required by paragraph (9) of
subdivision (c) of Section 25205.4. For purposes of this paragraph
and paragraph (9) of subdivision (c) of Section 25205.4, the
commencement of the postclosure period shall be the effective date of
the postclosure permit, enforcement order, or enforceable agreement.
   (4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of the
following actions:
   (A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.
   (B) Require compliance with requirements for corrective action or
other emergency response measures that the department deems necessary
to protect human health and the environment.
   (C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.
   (e) Subdivision (d) does not apply to a postclosure plan for which
a final or draft permit has been issued by the department on or
before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision (d).
   (f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through an
enforcement order or an enforceable agreement pursuant to subdivision
(d) until January 1, 2009.
   (2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to January 1, 2009, or an order or
agreement for which a public notice is issued on or before January
1, 2009.
   (3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).
   (g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at any
time, rescind and replace an enforcement order or an enforceable
agreement issued pursuant to this section by issuing a postclosure
permit for the hazardous waste facility, in accordance with the
procedures specified in the department's regulations for the issuance
of postclosure permits.
   (h) Nothing in this section may be construed to limit or delay the
authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.




25248.  The owner or operator of a facility for which closure and
postclosure plans have been approved shall carry out the plans during
the closure and postclosure period required by law.



25249.  On the effective date of this article, any operator subject
to former Division 7.5 (commencing with Section 14000) of the Water
Code shall be subject to this article.


State Codes and Statutes

Statutes > California > Hsc > 25245-25249

HEALTH AND SAFETY CODE
SECTION 25245-25249



25245.  (a) The department shall adopt, and revise when appropriate,
standards and regulations which shall do both of the following:
   (1) Specify the financial assurances to be provided by the owner
or operator of a hazardous waste facility that are necessary to
respond adequately to damage claims arising out of the operation of
that type of facility and to provide for the cost of closure and
subsequent maintenance of the facility, including, but not limited
to, the monitoring of groundwater and other aspects of the
environment after closure. If the facility is required to obtain a
permit under the federal act, the financial assurance shall be a
trust fund, surety bond, letter of credit, insurance, or any other
mechanism authorized under the federal act and the regulations
adopted pursuant to the federal act. If the facility is not required
to obtain a permit under the federal act, the financial assurance may
include any other equivalent financial arrangement acceptable to the
department.
   (2) Provide that every hazardous waste facility can be closed and
maintained for at least 30 years subsequent to its closure in a
manner that protects human health and the environment and minimizes
or eliminates the escape of hazardous waste constituents, leachate,
contaminated rainfall, and waste decomposition products to ground and
surface waters and to the atmosphere.
   (b) In adopting regulations pursuant to subdivision (a), to carry
out the purposes of this chapter, the department may specify policy
or other contractual terms, conditions, or defenses which are
necessary or are unacceptable in establishing evidence of financial
responsibility.
   (1) If an owner or operator is in bankruptcy pursuant to Title 11
of the United States Code, or where, with reasonable diligence,
jurisdiction in any state or federal court cannot be obtained over an
owner or operator likely to be solvent at the time of judgment, any
claim arising from conduct for which this section requires evidence
of financial responsibility may be asserted directly against the
guarantor who provided the evidence of financial responsibility.
   (2) The total liability of any guarantor is limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this chapter.
   (3) This subdivision does not limit any other state or federal
statutory, contractual, or common law liability of a guarantor to the
owner or operator, including, but not limited to, the liability of
the guarantor for bad faith in either negotiating or in failing to
negotiate the settlement of any claim.
   (4) This subdivision does not diminish the liability of any person
under Section 107 or 111 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Secs.
9607 and 9611).
   (5) For purposes of this subdivision, "guarantor" means any
person, other than the owner or operator, who provides evidence of
financial responsibility for an owner or operator under this section.




25245.4.  (a) (1) (A) On and before September 30, 1996, a facility
or transportable treatment unit operating pursuant to a
permit-by-rule is exempt from any standard or regulation requiring
the provision of financial assurances for the costs of closing a
treatment unit of the facility authorized under a permit-by-rule or
closing the transportable treatment unit that is adopted by the
department pursuant to paragraph (1) of subdivision (a) of Section
25245.
   (B) On and after October 1, 1996, a facility or transportable
treatment unit operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, shall provide financial
assurances for the costs of closing a treatment unit of the facility
authorized under a permit-by-rule under those regulations, or closing
the transportable treatment unit, as specified in the standards and
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and subdivision (d), unless the
facility or transportable treatment unit is exempt from those
financial assurance requirements pursuant to this chapter. A facility
operating pursuant to a permit-by-rule which operates not more than
30 days in any calendar year is not required to provide financial
assurances for the costs of closure of such a treatment unit pursuant
to paragraph (1) of subdivision (a) of Section 25245.
   (2) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is exempt from any standard or regulation
requiring the provision of financial assurances for third-party
liability that is adopted by the department pursuant to paragraph (1)
of subdivision (a) of Section 25245.
   (3) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is not required to provide financial assurances
for postclosure maintenance pursuant to paragraph (2) of subdivision
(a) of Section 25245, unless the department determines, pursuant to
the regulations adopted by the department, that the facility is
required to obtain a postclosure permit.
   (b) (1) (A) On and before September 30, 1996, a conditionally
authorized generator who treats waste pursuant to Section 25200.3 is
exempt from any standard or regulation requiring the provision of
financial assurance for the costs of closing the conditionally
authorized units that is adopted by the department pursuant to
paragraph (1) of subdivision (a) of Section 25245.
   (B) On and after October 1, 1996, a conditionally authorized
generator who treats waste pursuant to Section 25200.3 shall provide
financial assurances for the costs of closing the conditionally
authorized units, as specified in the standards and regulations
adopted by the department pursuant to paragraph (1) of subdivision
(a) of Section 25245 and subdivision (d).
   (2) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3 shall not be required to
provide financial assurances for third-party liability damages
pursuant to paragraph (1) of subdivision (a) of Section 25245.
   (3) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3, shall not be required to
provide financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department that the generator is required to obtain a postclosure
permit.
   (c) Notwithstanding any other provision of law, a person who
treats waste pursuant to a grant of conditional exemption under this
chapter is exempt, for those activities, from any standards or
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and is not required to provide
financial assurances for the costs of closing the treatment units or
for damage claims arising out of the operations of the unit pursuant
to paragraph (1) of subdivision (a) of Section 25245, or to provide
financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department, that the person is required to obtain a postclosure
permit.
   (d) (1) On or before February 1, 1996, the department shall adopt
regulations to implement subparagraph (B) of paragraph (1) of
subdivision (a) and subparagraph (B) of paragraph (1) of subdivision
(b).
   (2) The regulations adopted pursuant to this subdivision may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (3) The adoption of regulations pursuant to this subdivision is an
emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public peace,
health and safety, and general welfare.



25246.  (a) Each owner or operator of a hazardous waste facility
shall submit hazardous waste facility closure and postclosure plans
to the department and to the California regional water quality
control board for the region in which the facility is located. The
plans shall contain the owner's or operator's estimate of the cost of
closure and subsequent maintenance, shall conform to the regulations
adopted by the department and shall comply with applicable state
laws relating to water quality protection and monitoring.
   (b) The plans specified in subdivision (a) shall be submitted to
the department with the application for a hazardous waste facilities
permit or when otherwise requested by the department. The plans shall
be submitted to the California regional water quality control board
with a report of waste discharge submitted in accordance with Section
13260 of the Water Code. An owner or operator who has submitted a
request for, or received a hazardous waste facilities permit prior
to, the adoption of the standards and regulations pursuant to Section
25245 shall submit the plans within 180 days after the department
issues a written request for the plans. Prior to actual closure of
the facility, the plans shall be updated if requested by the
department. However, no owner or operator shall be required to revise
or amend a closure plan after the department notifies the owner or
operator in writing that the closure of the facility has been
completed in accordance with the approved closure plan.
   (c) An owner or operator who has not submitted facility closure
and postclosure plans shall submit the plans at least 180 days prior
to closure of the hazardous waste facility.
   (d) This section does not apply to any person operating under a
permit-by-rule, a conditional authorization, or a conditional
exemption, pursuant to this chapter or the regulations adopted by the
department.


25247.  (a) The department shall review each plan submitted pursuant
to Section 25246 and shall approve the plan if it finds that the
plan complies with the regulations adopted by the department and
complies with all other applicable state and federal regulations.
   (b) The department shall not approve the plan until at least one
of the following occurs:
   (1) The plan has been approved pursuant to Section 13227 of the
Water Code.
   (2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this
60-day period shall not begin until the owner or operator resubmits
the plan to the department.
   (3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.
   (c) Any action taken by the department pursuant to this section is
subject to Section 25204.5.
   (d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.
   (A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to this
subdivision, the department shall provide a meaningful opportunity
for public involvement, which, at a minimum, shall include public
notice and an opportunity for public comment on the proposed action.
   (C) For the purposes of subparagraph (B), a "significant
modification" is a modification that the department determines would
constitute a class 3 permit modification if the change were being
proposed to a hazardous waste facilities permit. In determining
whether the proposed modification would constitute a class 3
modification, the department shall consider the similarity of the
modification to class 3 modifications codified in Appendix I of
Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title
22 of the California Code of Regulations. In determining whether the
proposed modification would constitute a class 3 modification, the
department shall also consider whether there is significant public
concern about the proposed modification, and whether the proposed
change is so substantial or complex in nature that the modification
requires the more extensive procedures of a class 3 permit
modification.
   (2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.
   (3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, pay the same fee specified in
subparagraph (F) of paragraph (1) of subdivision (d) of Section
25205.7, or enter into a cost reimbursement agreement pursuant to
subdivision (a) of Section 25205.7 and upon commencement of the
postclosure period shall pay the fee required by paragraph (9) of
subdivision (c) of Section 25205.4. For purposes of this paragraph
and paragraph (9) of subdivision (c) of Section 25205.4, the
commencement of the postclosure period shall be the effective date of
the postclosure permit, enforcement order, or enforceable agreement.
   (4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of the
following actions:
   (A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.
   (B) Require compliance with requirements for corrective action or
other emergency response measures that the department deems necessary
to protect human health and the environment.
   (C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.
   (e) Subdivision (d) does not apply to a postclosure plan for which
a final or draft permit has been issued by the department on or
before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision (d).
   (f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through an
enforcement order or an enforceable agreement pursuant to subdivision
(d) until January 1, 2009.
   (2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to January 1, 2009, or an order or
agreement for which a public notice is issued on or before January
1, 2009.
   (3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).
   (g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at any
time, rescind and replace an enforcement order or an enforceable
agreement issued pursuant to this section by issuing a postclosure
permit for the hazardous waste facility, in accordance with the
procedures specified in the department's regulations for the issuance
of postclosure permits.
   (h) Nothing in this section may be construed to limit or delay the
authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.




25248.  The owner or operator of a facility for which closure and
postclosure plans have been approved shall carry out the plans during
the closure and postclosure period required by law.



25249.  On the effective date of this article, any operator subject
to former Division 7.5 (commencing with Section 14000) of the Water
Code shall be subject to this article.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 25245-25249

HEALTH AND SAFETY CODE
SECTION 25245-25249



25245.  (a) The department shall adopt, and revise when appropriate,
standards and regulations which shall do both of the following:
   (1) Specify the financial assurances to be provided by the owner
or operator of a hazardous waste facility that are necessary to
respond adequately to damage claims arising out of the operation of
that type of facility and to provide for the cost of closure and
subsequent maintenance of the facility, including, but not limited
to, the monitoring of groundwater and other aspects of the
environment after closure. If the facility is required to obtain a
permit under the federal act, the financial assurance shall be a
trust fund, surety bond, letter of credit, insurance, or any other
mechanism authorized under the federal act and the regulations
adopted pursuant to the federal act. If the facility is not required
to obtain a permit under the federal act, the financial assurance may
include any other equivalent financial arrangement acceptable to the
department.
   (2) Provide that every hazardous waste facility can be closed and
maintained for at least 30 years subsequent to its closure in a
manner that protects human health and the environment and minimizes
or eliminates the escape of hazardous waste constituents, leachate,
contaminated rainfall, and waste decomposition products to ground and
surface waters and to the atmosphere.
   (b) In adopting regulations pursuant to subdivision (a), to carry
out the purposes of this chapter, the department may specify policy
or other contractual terms, conditions, or defenses which are
necessary or are unacceptable in establishing evidence of financial
responsibility.
   (1) If an owner or operator is in bankruptcy pursuant to Title 11
of the United States Code, or where, with reasonable diligence,
jurisdiction in any state or federal court cannot be obtained over an
owner or operator likely to be solvent at the time of judgment, any
claim arising from conduct for which this section requires evidence
of financial responsibility may be asserted directly against the
guarantor who provided the evidence of financial responsibility.
   (2) The total liability of any guarantor is limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this chapter.
   (3) This subdivision does not limit any other state or federal
statutory, contractual, or common law liability of a guarantor to the
owner or operator, including, but not limited to, the liability of
the guarantor for bad faith in either negotiating or in failing to
negotiate the settlement of any claim.
   (4) This subdivision does not diminish the liability of any person
under Section 107 or 111 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Secs.
9607 and 9611).
   (5) For purposes of this subdivision, "guarantor" means any
person, other than the owner or operator, who provides evidence of
financial responsibility for an owner or operator under this section.




25245.4.  (a) (1) (A) On and before September 30, 1996, a facility
or transportable treatment unit operating pursuant to a
permit-by-rule is exempt from any standard or regulation requiring
the provision of financial assurances for the costs of closing a
treatment unit of the facility authorized under a permit-by-rule or
closing the transportable treatment unit that is adopted by the
department pursuant to paragraph (1) of subdivision (a) of Section
25245.
   (B) On and after October 1, 1996, a facility or transportable
treatment unit operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, shall provide financial
assurances for the costs of closing a treatment unit of the facility
authorized under a permit-by-rule under those regulations, or closing
the transportable treatment unit, as specified in the standards and
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and subdivision (d), unless the
facility or transportable treatment unit is exempt from those
financial assurance requirements pursuant to this chapter. A facility
operating pursuant to a permit-by-rule which operates not more than
30 days in any calendar year is not required to provide financial
assurances for the costs of closure of such a treatment unit pursuant
to paragraph (1) of subdivision (a) of Section 25245.
   (2) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is exempt from any standard or regulation
requiring the provision of financial assurances for third-party
liability that is adopted by the department pursuant to paragraph (1)
of subdivision (a) of Section 25245.
   (3) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is not required to provide financial assurances
for postclosure maintenance pursuant to paragraph (2) of subdivision
(a) of Section 25245, unless the department determines, pursuant to
the regulations adopted by the department, that the facility is
required to obtain a postclosure permit.
   (b) (1) (A) On and before September 30, 1996, a conditionally
authorized generator who treats waste pursuant to Section 25200.3 is
exempt from any standard or regulation requiring the provision of
financial assurance for the costs of closing the conditionally
authorized units that is adopted by the department pursuant to
paragraph (1) of subdivision (a) of Section 25245.
   (B) On and after October 1, 1996, a conditionally authorized
generator who treats waste pursuant to Section 25200.3 shall provide
financial assurances for the costs of closing the conditionally
authorized units, as specified in the standards and regulations
adopted by the department pursuant to paragraph (1) of subdivision
(a) of Section 25245 and subdivision (d).
   (2) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3 shall not be required to
provide financial assurances for third-party liability damages
pursuant to paragraph (1) of subdivision (a) of Section 25245.
   (3) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3, shall not be required to
provide financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department that the generator is required to obtain a postclosure
permit.
   (c) Notwithstanding any other provision of law, a person who
treats waste pursuant to a grant of conditional exemption under this
chapter is exempt, for those activities, from any standards or
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and is not required to provide
financial assurances for the costs of closing the treatment units or
for damage claims arising out of the operations of the unit pursuant
to paragraph (1) of subdivision (a) of Section 25245, or to provide
financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department, that the person is required to obtain a postclosure
permit.
   (d) (1) On or before February 1, 1996, the department shall adopt
regulations to implement subparagraph (B) of paragraph (1) of
subdivision (a) and subparagraph (B) of paragraph (1) of subdivision
(b).
   (2) The regulations adopted pursuant to this subdivision may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (3) The adoption of regulations pursuant to this subdivision is an
emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public peace,
health and safety, and general welfare.



25246.  (a) Each owner or operator of a hazardous waste facility
shall submit hazardous waste facility closure and postclosure plans
to the department and to the California regional water quality
control board for the region in which the facility is located. The
plans shall contain the owner's or operator's estimate of the cost of
closure and subsequent maintenance, shall conform to the regulations
adopted by the department and shall comply with applicable state
laws relating to water quality protection and monitoring.
   (b) The plans specified in subdivision (a) shall be submitted to
the department with the application for a hazardous waste facilities
permit or when otherwise requested by the department. The plans shall
be submitted to the California regional water quality control board
with a report of waste discharge submitted in accordance with Section
13260 of the Water Code. An owner or operator who has submitted a
request for, or received a hazardous waste facilities permit prior
to, the adoption of the standards and regulations pursuant to Section
25245 shall submit the plans within 180 days after the department
issues a written request for the plans. Prior to actual closure of
the facility, the plans shall be updated if requested by the
department. However, no owner or operator shall be required to revise
or amend a closure plan after the department notifies the owner or
operator in writing that the closure of the facility has been
completed in accordance with the approved closure plan.
   (c) An owner or operator who has not submitted facility closure
and postclosure plans shall submit the plans at least 180 days prior
to closure of the hazardous waste facility.
   (d) This section does not apply to any person operating under a
permit-by-rule, a conditional authorization, or a conditional
exemption, pursuant to this chapter or the regulations adopted by the
department.


25247.  (a) The department shall review each plan submitted pursuant
to Section 25246 and shall approve the plan if it finds that the
plan complies with the regulations adopted by the department and
complies with all other applicable state and federal regulations.
   (b) The department shall not approve the plan until at least one
of the following occurs:
   (1) The plan has been approved pursuant to Section 13227 of the
Water Code.
   (2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this
60-day period shall not begin until the owner or operator resubmits
the plan to the department.
   (3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.
   (c) Any action taken by the department pursuant to this section is
subject to Section 25204.5.
   (d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.
   (A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to this
subdivision, the department shall provide a meaningful opportunity
for public involvement, which, at a minimum, shall include public
notice and an opportunity for public comment on the proposed action.
   (C) For the purposes of subparagraph (B), a "significant
modification" is a modification that the department determines would
constitute a class 3 permit modification if the change were being
proposed to a hazardous waste facilities permit. In determining
whether the proposed modification would constitute a class 3
modification, the department shall consider the similarity of the
modification to class 3 modifications codified in Appendix I of
Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title
22 of the California Code of Regulations. In determining whether the
proposed modification would constitute a class 3 modification, the
department shall also consider whether there is significant public
concern about the proposed modification, and whether the proposed
change is so substantial or complex in nature that the modification
requires the more extensive procedures of a class 3 permit
modification.
   (2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.
   (3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, pay the same fee specified in
subparagraph (F) of paragraph (1) of subdivision (d) of Section
25205.7, or enter into a cost reimbursement agreement pursuant to
subdivision (a) of Section 25205.7 and upon commencement of the
postclosure period shall pay the fee required by paragraph (9) of
subdivision (c) of Section 25205.4. For purposes of this paragraph
and paragraph (9) of subdivision (c) of Section 25205.4, the
commencement of the postclosure period shall be the effective date of
the postclosure permit, enforcement order, or enforceable agreement.
   (4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of the
following actions:
   (A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.
   (B) Require compliance with requirements for corrective action or
other emergency response measures that the department deems necessary
to protect human health and the environment.
   (C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.
   (e) Subdivision (d) does not apply to a postclosure plan for which
a final or draft permit has been issued by the department on or
before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision (d).
   (f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through an
enforcement order or an enforceable agreement pursuant to subdivision
(d) until January 1, 2009.
   (2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to January 1, 2009, or an order or
agreement for which a public notice is issued on or before January
1, 2009.
   (3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).
   (g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at any
time, rescind and replace an enforcement order or an enforceable
agreement issued pursuant to this section by issuing a postclosure
permit for the hazardous waste facility, in accordance with the
procedures specified in the department's regulations for the issuance
of postclosure permits.
   (h) Nothing in this section may be construed to limit or delay the
authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.




25248.  The owner or operator of a facility for which closure and
postclosure plans have been approved shall carry out the plans during
the closure and postclosure period required by law.



25249.  On the effective date of this article, any operator subject
to former Division 7.5 (commencing with Section 14000) of the Water
Code shall be subject to this article.