(a) For purposes of this article, the following terms have the following meanings:
(1) “Compliance inspection” means an evaluation of a hazardous waste facility's compliance with any operating hazardous waste management requirements set out in statute, regulation, permit, order, stipulation, agreement, settlement document, judgment, decree, grant of authorization issued by the Department, or other document establishing requirements upon operations at the facility. “Compliance inspection” includes, but is not limited to, scheduled and unscheduled inspections by the Department. A “compliance inspection” may last more than one day.
(2) “Facility Violations Scoring Procedure Score” or “Facility VSP Score” means the numeric value assigned to a facility pursuant to section 66271.54(a) for the purpose of assigning the facility to a compliance tier in accordance with section 66271.54(b).
(3) “Repeat violation” means two or more violations:
(A) of the same or closely-related statutory or regulatory requirements in separate compliance inspections; or
(B) of the same term, condition, or provision of a permit, order, stipulation, agreement, settlement document, judgment, decree, grant of authorization issued by the Department, or other document establishing requirements upon operations at the facility.
(4) “Violations scoring procedure” means the totality of the criteria and steps set out in this article that govern the consideration of a facility's compliance history by the Department in making specified permit decisions and the remedies available to an owner or operator in response to decisions proposed or made by the Department under this article.
(b) Except as provided for in paragraph (1), this article applies to all operating hazardous waste facilities.
(1) Hazardous waste facilities solely authorized by the following permits or orders are not subject to this article:
(A) post-closure permits or orders; and
(B) permits or permit modifications for closure only.
(c) The Department shall only consider Class I violations, as defined in section 66260.10, for purposes of calculating the Facility VSP Score in accordance with this article.
(d) For purposes of the Facility VSP Score, the Department may not consider any of the following:
(1) “Class II violations,” as defined in section 66260.10, unless the Class II violation meets the definition of a Class I violation as specified in section 66260.10;
(2) “Minor violations,” as defined in Health and Safety Code section 25117.6; or
(3) the assessment of penalties under chapter 22 of this division.
(e) The Department shall use the violations scoring procedure in assessing a hazardous waste facility's compliance history when making a decision under this article regarding the issuance, denial, modification, suspension, or revocation of a hazardous waste facility permit.
(f) The Department, independent of this article, may take action pursuant to Health and Safety Code sections 25186, 25186.05, 25186.2, 25186.2.5, 25189.3, or 25200.8, chapters 20 and 21 of this division, and any other applicable statute or regulation.
Credits
Note: Authority cited: Sections 25150, 25200.21, 58004 and 58012, Health and Safety Code. Reference: Sections 25110.8.5, 25117.6, 25180(d), 25186, 25186.05, 25186.2, 25186.2.5, 25189.3 and 25200.8, Health and Safety Code.
History
1. New article 3 (sections 66271.50-66271.57) and section filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
2. Change without regulatory effect adding subsection (f) filed 9-7-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 37). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 5/3/24 Register 2024, No. 18.
