Violations Scoring Procedure Department of OCTOBER 21, 2019 Toxic - - PowerPoint PPT Presentation

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Violations Scoring Procedure Department of OCTOBER 21, 2019 Toxic - - PowerPoint PPT Presentation

Dec 24, 2022 383 likes •718 views

Webinar: Violations Scoring Procedure Department of OCTOBER 21, 2019 Toxic Substances Control 1:00 PM 3:00 PM 6:00 PM 8:00 PM Accessing evening webinar 6:00 pm 8:00 pm Audio: Phone only - Dial: (888) 831-8962; Passcode: 8930420

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Department of Toxic Substances Control

Webinar: Violations Scoring Procedure

OCTOBER 21, 2019 1:00 PM – 3:00 PM 6:00 PM – 8:00 PM

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Accessing evening webinar 6:00 pm – 8:00 pm

  • Audio: Phone only - Dial: (888) 831-8962; Passcode: 8930420
  • Press *1 and state your name only (no need to mute phone)
  • Presentation slides: Bluejeans or slides on website
  • Join live: https://primetime.bluejeans.com/a2m/live-

event/gqbapfpf

  • During the Webinar, email: DTSCPublicMeeting@dtsc.ca.gov
  • Slides available for download: https://dtsc.ca.gov/violation-

scoring-procedure-webinars/

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Violations Scoring Procedure Webinar Today’s Agenda

  • 1. Welcome
  • 2. Background: Senate Bill 673 and Development of the VSP
  • 3. Scoring Process: How DTSC Calculates VSP Scores
  • 4. Dispute Process: How a Facility Can Dispute a Provisional VSP Score
  • 5. Permitting Process: How the VSP Score is used in Permit Decisions
  • 6. Question and Answer Discussion Session

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Senate Bill (SB) 673, Lara 2015

This law directs the department to adopt regulations to establish or revise the standards used for determining whether to issue a hazardous waste facility permit. The regulations may include criteria for the denial or suspension of a permit.

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Health and Safety Code Section 25200.21

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SB 673 Improvements

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Community Involvement Financial Assurance Training of Facility Personnel Health Risk Assessment Compliance History Cumulative Impacts Community Vulnerability Minimum Setback Distances – Sensitive Sites SB 673 – Protect People and Environment

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Violations Scoring Procedure (VSP)

  • Consistent and transparent
  • Systematic process for assessing a facility’s

compliance history

  • Supports permit decisions

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Thousands of businesses and households generate hazardous waste in California.

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SLIDE 8

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The Violations Scoring Procedure focuses on the 78 operating facilities that receive hazardous waste and treat, store, transfer, or dispose of this waste.

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Important VSP terms

  • Potential Harm
  • Extent of Deviation
  • Repeat Violation
  • Inspection Violation Score
  • Facility VSP Score
  • Compliance Tiers

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VSP Overview

Inspection Violation Score

  • Inspection occurs
  • Provisional

inspection violation score

  • Potential dispute
  • Final inspection

violation score

Facility VSP Score

  • Ten years of inspections

scores are used

  • Facility VSP Score

calculated

  • Compliance tier assigned
  • DTSC informs the facility

and posts on website

Compliance Tiers

  • Acceptable

Less than 20

  • Conditionally

Acceptable 20 or greater & less than 40

  • Unacceptable

40 or greater

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What is a Facility VSP Score?

  • A score calculated for every operating hazardous waste facility in

California that currently holds a DTSC permit

  • Updated annually
  • An additional tool to better support the permit decision-making process
  • Calculated by assessing each Class I violation cited by DTSC over the

previous 10 calendar years, or any Class II violation that rises to the level

  • f a Class I violation

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Potential Harm

How much the hazardous wastes involved with a violation present a threat to public health and safety or the environment. The potential harm was categorized as either minimal, moderate, or major. 13

CCR Title 22 Section 66271.51(b)

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Extent of Deviation

The extent to which the facility’s action deviates from the requirements identified in applicable statute or regulation. The Extent of Deviation was categorized as either minimal, moderate, or major. 14

CCR Title 22 Section 66271.51(c)

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Scoring Matrix

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Potential Harm Extent of Deviation

Major Moderate Minimal Major

25 20 15

Moderate

20 15 6

Minimal

15 6 2

CCR Title 22 Section 66271.51(d)

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Repeat Violation

The same violation cited within the prior 3 years or the last 3 inspections, whichever time period is longer. An upward adjustment of 25%, 50%, and 100% for the second, third, and fourth or more repeat instances was calculated as applicable. 16

CCR Title 22 Section 66271.52

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Inspection Violation Score

The Inspection Violation Score is the sum of the scores for all Class I violations for each DTSC inspection.

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CCR Title 22 Section 66271.53

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Inspection Violation Score Example

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Class I Violation Potential Harm Extent of Deviation Initial Score Repeat Multiplier Final Score 1 Minimal Moderate 6 N/A 6 2 Moderate Moderate 12 25% 15 3 Major Moderate 20 N/A 20 Inspection Score 41

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Final Inspection Violation Score

An Inspection Violation Score becomes final when:

  • 1. The facility does not file a dispute document within 60

days of DTSC sending the Inspection Violation Score,

  • r
  • 2. DTSC issues a written decision granting or denying the

dispute sought by the facility. 19

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20 Inspection Violation Score Dispute Process Final Inspection Violation Score

Inspection Violation Score

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Dispute Process for the Facility

  • Facility has 60 days to send a Dispute Document
  • Dispute Document forms are available online
  • Contents of the Dispute Document includes the basis of dispute and

supporting material

  • Facility may request an extension and the department must

approve or deny it

  • DTSC will resolve all or part of the dispute
  • Dispute is closed when a written decision is sent to the facility
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VSP Overview

Inspection Violation Score

  • Inspection
  • ccurs
  • Provisional

inspection violation score

  • Potential

dispute

  • Final inspection

violation score

Facility VSP Score

  • Ten years of inspections scores

are used

  • Facility VSP Score calculated
  • Compliance tier assigned
  • DTSC informs the facility and

posts on website Compliance Tiers

  • Acceptable

Less than 20

  • Conditionally

Acceptable 20 or greater & less than 40

  • Unacceptable

40 or greater

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Facility VSP Score

The sum of the Inspection Violation Score for each Compliance Inspection conducted during the preceding ten (10) year period, divided by the number of Compliance Inspections.

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CCR Title 22 Section 66271.54

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Facility VSP Score Example

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Inspection Date Inspection Violations Score # of DTSC Inspections 2019 Facility VSP Score 02/24/2010 41

6

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(90 ÷ 6 = 15) 03/07/2012 01/22/2014 24 04/30/2015 10 02/10/2017 02/17/2018 15

TOTAL 90

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VSP Overview

Inspection Violation Score

  • Inspection occurs
  • Provisional

inspection violation score

  • Potential dispute
  • Final inspection

violation score Facility VSP Score

  • Ten years of inspections

scores are used

  • Facility VSP Score

calculated

  • Compliance tier

assigned

  • DTSC informs the facility

and posts on website

Compliance Tiers

  • Acceptable

Less than 20

  • Conditionally

Acceptable 20 or greater & less than 40

  • Unacceptable

40 or greater

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2019 Compliance Tier Results

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ACCEPTABLE CONDITIONALLY ACCEPTABLE UNACCEPTABLE

64 9 5

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Acceptable Compliance Tier

27 No Additional Requirements

A facility assigned to the Acceptable compliance tier has no additional permitting consequences under VSP.

What “0” Means

A “0” Facility VSP score means the facility was not cited for a Class I hazardous waste violation in the past 10 years.

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Conditionally Acceptable Compliance Tier

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Auditor

  • Facility submits list of third-party auditors
  • After DTSC approval, facility retains services

Audit Report

  • Facility submits two completed audit reports
  • Compliance Implementation Plan submitted with each report
  • Approved Compliance Implementation Plan is enforceable

Actions

  • Facility must comply with actions needed to correct findings
  • DTSC may impose additional permit requirements
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Unacceptable Compliance Tier

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Denial

  • DTSC initiates permit denial, suspension, or revocation

Challenge

  • A facility may challenge an “unacceptable” tier
  • A public meeting will take place during a challenge
  • DTSC will issue decision on tier assignment

Permit Decision

  • If tier stands, DTSC continues the denial
  • If DTSC makes a finding of overriding considerations,

DTSC may issue the permit and impose restrictions

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More Information

  • DTSC VSP webpage at

https://dtsc.ca.gov/violations-scoring-procedure/ 30

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Questions & Answers

  • Press *1 and state your name to ask a question
  • Use the BlueJeans app Question & Answer box
  • During the webinar, email:

DTSCPublicMeeting@dtsc.ca.gov

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Thank You

  • More Information and Downloadable Slides:

https://dtsc.ca.gov/violation-scoring-procedure-webinars/

  • Submit general inquiries regarding Violations Scoring Procedure

via email to VSP_Info@dtsc.ca.gov

  • Submit dispute related inquiries via email to

VSP_Dispute_Inbox@dtsc.ca.gov

  • Regulatory Assistance Office: (800)728-6942 or (800)72-TOXIC

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