Violations Scoring Procedure

• The facility’s final compliance tier assignment based on the Facility VSP Score and all Class I violations and provisional and final inspection violation scores used to calculate the Facility VSP Score;
• Class II and minor violations not quantified as part of the Facility VSP Score;
• The facility’s compliance with any permits, applicable orders, stipulations, agreements, settlement documents, judgments, decree, grants of authorization, or other documents establishing requirements upon operations at the facility; hazardous waste laws and regulations; and any other applicable environmental laws and regulation;
• The disclosure statement pursuant to Health and Safety Code sections 25112.5 and 25200.4;
• The facility’s safety record;
• The facility’s compliance with financial assurance or liability coverage requirements for closure, post-closure, or corrective action pursuant to article 8 of chapters 14 and 15 of CCR division 4.5 of the California Code of Regulations;
• Information in audit reports provided to DTSC pursuant to the requirements of California Code of Regulations, title 22, sections 66271.56 and 66271.57; and
• Any other information allowed by law.

The review of a facility’s compliance history also includes a review of the following information to the extent it is readily available to DTSC:

• The owner’s or operator’s knowledge or intent in the commission of any violations;
• The record of complaints received against the facility, including the facility’s record of resolving such complaints;
• violations by the facility of requirements of other federal, state, or local environmental agencies; and
• The facility’s record with regard to returning to compliance, and cooperation with the Department.

• A complete description and discussion of all audit objectives, audit criteria, audit activities, audit findings and conclusions, recommendations, and all evidence relied upon to support the audit conclusions;
• A complete inspection and review of all facility operations related to hazardous waste and all monitoring, records, reports, and other information necessary to evaluate and determine facility compliance with all terms of the facility’s hazardous waste facility permit, and all applicable hazardous waste laws, regulations, and orders;
• Sampling and testing of potentially hazardous materials as necessary to determine compliance with all terms of the facility’s hazardous waste facility permit, and all applicable hazardous waste laws, regulations, and orders;
• A complete description of the inspections(s) completed, a summary of all sampling and testing conducted and associated results, and discussion of all information reviewed;
• Review of all safety practices and identification of all accidents in the preceding one (1) year, and any unsafe practices or conditions observed that could lead to accidents;
• A brief description of any written advisements or determination of violations, including, but not limited to, Notices of Violation and inspection reports directed to the facility by any local, state, or federal agency that identifies any violation of any hazardous waste facility requirement; and
• Discussion of all findings and deficiencies related to facility; and compliance, including identification of all instances of noncompliance.

The owner or operator shall submit at least two audit reports: one no later than 270 days after notification of compliance tier and the second no earlier than 180 days and no later than one (1) year after the first.

The owner or operator shall submit a corresponding compliance implementation plan describing all actions needed to correct all deficiencies and addresses and all findings identified in the audit report.  This includes all permits and permit modifications required by DTSC and any other federal, state, or local agency to implement the actions. The compliance implementation plan must include deadlines for all actions to correct deficiencies.

DTSC may impose other requirements imposing a shorter operating period for the facility’s permit, restricting or prohibiting hazardous waste management activities, imposing additional conditions, and imposing mitigation including community benefit agreements or projects, or any other action to reduce impacts or alleviate adverse conditions caused by the facility’s noncompliance.

There are substantial and overriding benefits to the people of the State of California resulting from the continued operation of the facility.

The following additional terms shall be required of any such permit:

The permit shall not exceed 5 years;

The permit must include enhanced compliance provisions, including compliance audits; and

The permit must include mitigation measures for all potential harm associated with non-compliant activities.

In addition, DTSC shall order the facility to:

• Conduct audits in compliance with California Code of Regulations, title 22, section 66271.56;
• Conduct additional training as necessary to improve facility operations and compliance;
• Implement facility improvements related to the causes of the facility’s noncompliance with its permit and applicable orders, stipulations, agreements, settlements, judgments, decrees, grants of authorization, or other documents establishing requirements upon operations at the facility including repairing, replacing, or augmenting hazardous waste management units, equipment, devices, or secondary containment;
• Restrict or ceasing the operation of a hazardous waste management unit that is the basis of the facility’s violations;
• Conduct public participation and community engagement activities, including, but not limited to, public information meetings with the surrounding community and distribution of fact sheets or community updates, addressing the facility’s compliance issues and return to compliance; and
• Increase or expand facility monitoring, record keeping, and/or reporting.

An owner or operator of a facility assigned to an “unacceptable” compliance tier may challenge the “unacceptable” compliance tier assignment within 60 days of DTSC’s written notice.  The owner or operator must demonstrate, in writing:

• The owner or operator is able to operate the facility, and the facility, as constructed, can be operated, in compliance with the terms and conditions of its permit, applicable orders, stipulations, agreements, settlement documents, judgments, decrees, grants of authorization, and other documents establishing requirements upon operations at the facility, hazardous waste laws and regulations, and any other applicable environmental laws and regulations;
• The owner’s or operator’s continued operation of the facility is unlikely to adversely affect human health, safety, or the environment;
• The facility’s compliance with financial assurance or liability coverage requirements for closure, post-closure, or corrective action, as applicable;
• One or more audit reports demonstrates:
  • An ongoing pattern of compliance with applicable hazardous waste management requirements; and
  • Full implementation of actions to correct deficiencies and address findings of prior audits.

DTSC must hold a public meeting regarding the challenge to the facility’s compliance tier assignment. Within 60 days of receipt of the owner’s or operator’s written challenge, DTSC shall send out a written notice regarding the time and place of the public meeting.  At the public meeting, DTSC will present the grounds for assigning the facility an “unacceptable” compliance tier, the owner or operator may present its opposition, and the public shall have an opportunity to submit comments.

Within 60 days of the date of the public meeting, DTSC shall issue a written decision regarding the owner’s or operator’s change to the facility’s “unacceptable” compliance tier assignment.  If DTSC upholds the facility’s “unacceptable” compliance tier assignment, DTSC’s written decision constitutes the facility’s final “unacceptable” compliance tier assignment.  DTSC’s written decision will also notify the owner or operator of DTSC’s decision to initiate the process to deny, suspend, or revoke the facility’s permit.

DTSC may make a determination that changes the facility’s compliance tier assignment to “conditionally acceptable”.

If an owner or operator does not challenge the facility’s compliance tier assignment, the facility’s “unacceptable” compliance tier assignment will become final 60 days after DTSC’s written notice.