Background

The violations scoring procedure (VSP) regulations found at California Code of Regulations, title 22, sections 66271.50 through 66271.57, took effect on January 1, 2019.  The VSP regulations apply to all operating hazardous waste facilities, except for those facilities solely authorized under a post-closure permit or order, or a permit or permit modification for closure only.

The VSP regulations govern DTSC’s review of a facility’s compliance history, which DTSC considers when making permit decisions. The VSP regulations include opportunities for the facilities to respond to DTSC’s decisions within the VSP process.

Facility VSP Score and Compliance Tiers

By September 30^th of each calendar year, DTSC issues a Facility VSP Score to all permitted operating hazardous waste facilities pursuant to California Code of Regulations, title 22, section 66271.54. Based upon the Facility VSP Score, DTSC assigns the facility to one of three compliance tiers:

An “acceptable” or “conditionally acceptable” compliance tier based on their Facility VSP Scores are final when all inspection violation scores on which the Facility VSP Score is based are also final pursuant to California Code of Regulations, title 22, section 66271.53(d). An “unacceptable” compliance tier based on its Facility VSP Score becomes final in accordance with California Code of Regulations, title 22, section 66271.57.

For questions on the Provisional Inspection Scores and Facility VSP Scores, please contact the DTSC VSP Scoring Team.

Facility VSP Scores and Compliance Tier Assignments

Facilities assigned to the Unacceptable tier may change tier status if a facility files a successful tier challenge. Facility VSP Scores may change pursuant to a dispute decision of a Provisional Inspection Violation Score, if any are included in the Facility VSP Score.

*Pursuant to DTSC’s Final Compliance Tier Assignment Determination Decision. 

**These Facilities have a pending permit application. They do not have 10-year average inspection scores on which annual Facility VSP Scores are based.

NOTE: DTSC will post a revised Facility VSP score within 90 days from the issuance of the written decision of the dispute resolution official

To view Violation Scoring Procedure related documents, click the facility name in the table above.

Provisional Inspection Score Dispute Process

Pursuant to California Code of Regulations, title 22, section 66271.53(c), the owner or operator can dispute a provisional inspection violation score by filing a Provisional Inspection Violation Score Dispute Document (“Dispute Document”) with DTSC within sixty (60) days of DTSC sending its provisional inspection violation score.

For questions on the dispute process, please contact the Dispute Resolution Official. Dispute documents should be submitted electronically to the Dispute Resolution Official for review and/or a hard copy sent to:

Department of Toxic Substances Control
Attn: Armo Hayrabidian
9211 Oakdale Avenue
Chatsworth, CA 91311

“Acceptable” Compliance Tier

Pursuant to California Code of Regulations, title 22, section 66271.54, facilities with a Facility VSP Score of less than 20 are assigned to the “acceptable” compliance tier. “Acceptable” compliance tier assignments are not subject to tier challenges. DTSC continues to oversee these facilities for its hazardous waste regulation compliance and considers the “acceptable” compliance tier assignment for its permit decisions.

“Conditionally Acceptable” Compliance Tier Obligations

Pursuant to California Code of Regulations, title 22, section 66271.54, facilities with a Facility VSP Score 20 or greater and less than 40 are assigned to the “conditionally acceptable” compliance tier. “Conditionally acceptable” compliance tier assignments are not subject to tier challenges. However, facilities with “conditionally acceptable” compliance tier are subject to additional obligations set forth in California Code of Regulations, title 22, section 66271.56.

These additional obligations require the facilities to (1) propose three qualified third-party auditors for DTSC approval, (2) retain an approved qualified third-party auditor (3), have two third-party audits, and (4) submit follow-up Compliance Implementation Plans (CIP) for each audit to address audit report findings. The CIP is submitted to DTSC for review and approval.

DTSC considers the “conditionally acceptable” facilities’ tier assignment and audit results for its permit decisions.

For questions on the “conditionally acceptable” compliance tier obligations, please contact the DTSC Permitting Division Project Manager (PPM). The PPM’s name and contact information is available at DTSC’s EnviroStor database. For ease of search, the Facility VSP Scores and Compliance Tier Assignments table above also provides direct hyperlinks to each facility’s EnviroStor database.

“Unacceptable” Compliance Tier Challenge Process

Pursuant to California Code of Regulations, title 22, section 66271.57, an owner or operator of a facility assigned to an “unacceptable” compliance tier may challenge the “unacceptable” compliance tier assignment within sixty (60) days of DTSC’s written notice. Following a facility’s filing of a challenge, compliant with section 66271.57(c) and (d), DTSC will send written notice of the date and time of a public meeting regarding the facility’s “unacceptable” compliance tier. At the public meeting, DTSC will present its grounds for assigning the facility to the “unacceptable” compliance tier and the facility will present its evidence in support of its challenge. The public can ask questions and submit comments prior to, and during, the public meeting. Following the public meeting, DTSC will issue a written decision regarding the “unacceptable” compliance tier assignment pursuant to California Code of Regulations, title 22, section 66271.57(f).

For questions on the compliance tier challenge process, please contact the VSP Coordinators. Compliance tier challenge documents and comments be submitted to the VSP Coordinators for review and mailed to the VSP Coordinators, Permitting Division at 700 Heinz, Berkeley California 94710 or 9211 Oakdale Avenue, Chatsworth California 91311.

Contacts

VSP Scoring Team (for violation scoring inquiries)

Dispute Resolution Official (for provisional dispute process inquiries and disputes)

VSP Coordinators (tier challenge process inquiries and tier challenges)

Disclaimer: The information provided on this web page is meant to summarize or describe some of the provisions of the amended regulations using plain language. Nothing on this page replaces or amends any regulatory requirements or any other part of the California Code of Regulations or the California Health and Safety Code.