SB 1458 Summary

• Repeals authority for Department of Toxic Substances Control to exempt hazardous waste management activities from statutory requirements (expired January 1, 2008), but grandfathers in all exemptions adopted before that date.

• Enacts prohibition against taking certain actions on land subject to recorded land use restrictions (new uses, subdivisions, residential/hospital/school construction) without written departmental approval; violations are crimes subject to civil penalties up to $50,000.

• Expands Underground Storage Tank Cleanup Fund deposit requirements to include money recovered for investigations, enforcement expenditures, and corrections of overpaid expenditures; authorizes fund use after program repeal on January 1, 2022 for loan repayment and program-related activities.

• Revises eligibility determination procedures for applicants claiming corrective action or third-party compensation costs under underground storage tank program, including timelines and prohibition on revoking eligibility absent fraud or misrepresentation.

• Changes requirement for health risk assessments from contracting with State Department of Public Health to contracting with Office of Environmental Health Hazard Assessment.