25180-25196
HEALTH AND SAFETY CODE
SECTION 25180-25196
25180. (a) (1) Except as provided in paragraph (2), the standards
in this chapter and the regulations adopted by the department to
implement this chapter shall be enforced by the department, and by
any local health officer or any local public officer designated by
the director.
(2) The standards of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404, and the regulations adopted to
implement the standards of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404, shall be enforced by the department
and one of the following:
(A) If there is no CUPA, the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(B) Within the jurisdiction of a CUPA, the unified program
agencies, to the extent provided by this chapter and Sections 25404.1
and 25404.2. Within the jurisdiction of a CUPA, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this chapter listed in paragraph (1) of subdivision
(c) of Section 25404.
(b) (1) In addition to the persons specified in subdivision (a),
any traffic officer, as defined by Section 625 of the Vehicle Code,
and any peace officer specified in Section 830.1 of the Penal Code,
may enforce Section 25160, subdivision (a) of Section 25163, and
Sections 25250.8, 25250.18, 25250.19, and 25250.23. Traffic officers
and peace officers are authorized representatives of the department
for purposes of enforcing the provisions set forth in this
subdivision.
(2) A peace officer specified in subdivision (a) of Section 830.37
of the Penal Code may, upon approval of the local district attorney,
enforce the standards in this chapter and regulations adopted by the
department to implement this chapter. A peace officer authorized to
enforce those standards and regulations pursuant to this paragraph
shall perform these duties in coordination with the appropriate local
officer or agency authorized to enforce this chapter pursuant to
subdivision (a), and shall complete a training program which is
equivalent to that required by the department for local officers and
agencies authorized to enforce this chapter pursuant to subdivision
(a).
(c) Notwithstanding any limitations in subdivision (b), a member
of the California Highway Patrol may enforce Sections 25185, 25189,
25189.2, 25189.5, 25191, and 25195, and Article 6 (commencing with
Section 25160) and Article 6.5 (commencing with Section 25167.1), as
those provisions relate to the transportation of hazardous waste.
(d) In enforcing this chapter, including, but not limited to, the
issuance of orders imposing administrative penalties, the referral of
violations to prosecutors for civil or criminal prosecution, the
settlement of cases, and the adoption of enforcement policies and
standards related to those matters, the department and the local
officers and agencies authorized to enforce this chapter pursuant to
subdivision (a) shall exercise their enforcement authority in such a
manner that generators, transporters, and operators of storage,
treatment, transfer, and disposal facilities are treated equally and
consistently with regard to the same types of violations.
25180.1. For purposes of this chapter, "permit" includes matters
deemed to be permits pursuant to subdivision (c) of Section 25198.6.
25180.5. (a) The department, the State Water Resources Control
Board, and the California regional water quality control boards shall
notify the local health officer and director of environmental health
of a county, city, or district, and the CUPA for the jurisdiction as
specified in subdivision (b), within 15 days after any of the
following occur:
(1) The department's or board's employees are informed or discover
that a disposal of hazardous waste has occurred within that county,
city, or district and that the disposal violates a state or local
law, ordinance, regulation, rule, license, or permit or that the
disposal is potentially hazardous to the public health or the
environment.
(2) The department or board proposes to issue an abatement order
or a cease and desist order, to file a civil or criminal action, or
to settle a civil or criminal action, concerning a disposal of
hazardous waste within that county, city, or district.
(b) The notice given by the department or board pursuant to
subdivision (a) shall include all test results and any relevant
information which the department or board has obtained and which do
not contain trade secrets, as defined by Section 25173, as determined
by the department or board. If the department or board determines
that the test results or information cannot be disseminated because
of current or potential litigation, the department or board shall
inform the local health officer, the director of environmental
health, and the CUPA for the jurisdiction that the test results and
information shall be used by the local health officer, the director
of environmental health, and the unified program agencies, only in
connection with their statutory responsibilities and shall not
otherwise be released to the public.
(c) The department, the State Water Resources Control Board, and
the California regional water quality control boards shall coordinate
with the unified program agencies regarding violations of this
chapter, or violations of regulations adopted pursuant to this
chapter, at a unified program facility.
25180.7. (a) Within the meaning of this section, a "designated
government employee" is any person defined as a "designated employee"
by Government Code Section 82019, as amended.
(b) Any designated government employee who obtains information in
the course of his or her official duties revealing the illegal
discharge or threatened illegal discharge of a hazardous waste within
the geographical area of his or her jurisdiction and who knows that
the discharge or threatened discharge is likely to cause substantial
injury to the public health or safety must, within 72 hours, disclose
that information to the local Board of Supervisors and to the local
health officer. No disclosure of information is required under this
subdivision when otherwise prohibited by law, or when law enforcement
personnel have determined that this disclosure would adversely
affect an ongoing criminal investigation, or when the information is
already general public knowledge within the locality affected by the
discharge or threatened discharge.
(c) Any designated government employee who knowingly and
intentionally fails to disclose information required to be disclosed
under subdivision (b) shall, upon conviction, be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison. The court may also impose upon the
person a fine of not less than five thousand dollars ($5000) or more
than twenty-five thousand dollars ($25,000). The felony conviction
for violation of this section shall require forfeiture of government
employment within thirty days of conviction.
(d) Any local health officer who receives information pursuant to
subdivision (b) shall take appropriate action to notify local news
media and shall make that information available to the public without
delay.
25181. (a) When the department determines that any person has
engaged in, is engaged in, or is about to engage in any acts or
practices which constitute or will constitute a violation of this
chapter, or any rule, regulation, permit, covenant, standard,
requirement, or order issued, promulgated, or executed thereunder,
and when requested by the department, the city attorney of the city
in which those acts or practices occur, occurred, or will occur, the
district attorney of the county in which those acts or practices
occur, occurred, or will occur, or the Attorney General may apply to
the superior court for an order enjoining those acts or practices, or
for an order directing compliance, and upon a showing by the
department that the person has engaged in or is about to engage in
those acts or practices, a permanent or temporary injunction,
restraining order, or other order may be granted.
(b) When the unified program agency determines that any person has
engaged in, is engaged in, or is about to engage in any acts or
practices which constitute or will constitute a violation of this
chapter, or any rule, regulation, permit, covenant, standard,
requirement, or order issued, promulgated, or executed thereunder,
and when requested by the unified program agency, the city attorney
of the city in which those acts or practices occur, occurred, or will
occur, the district attorney of the county in which those acts or
practices occur, occurred, or will occur, or the Attorney General,
may apply to the superior court for an order enjoining those acts or
practices, or for an order directing compliance, and upon a showing
by the unified program agency that the person has engaged in or is
about to engage in those acts or practices, a permanent or temporary
injunction, restraining order, or other order may be granted.
25181.5. A registered waste transporter transporting medical waste
who is not subject to Section 25097 shall be subject to penalties for
violations pursuant to this article.
25182. Every civil action brought under this chapter at the request
of the department or a unified program agency shall be brought by
the city attorney, the county attorney, the district attorney, or the
Attorney General in the name of the people of the State of
California, and any such actions relating to the same processing or
disposal of hazardous wastes may be joined or consolidated.
25183. Any civil action brought pursuant to this chapter shall be
brought in the county in which the processing or disposal of
hazardous waste is made or proposed to be made, the county in which
the principal office of the defendant is located, or the county in
which the Attorney General has an office nearest to the county in
which the principal office of the defendants, or any of them, is
located in this state.
25184. In any civil action brought pursuant to this chapter in
which a temporary restraining order, preliminary injunction, or
permanent injunction is sought, it shall not be necessary to allege
or prove at any stage of the proceeding that irreparable damage will
occur should the temporary restraining order, preliminary injunction,
or permanent injunction not be issued; or that the remedy at law is
inadequate, and the temporary restraining order, preliminary
injunction, or permanent injunction shall issue without such
allegations and without such proof.
25184.1. If any administrative order or decision that imposes a
penalty is issued pursuant to this chapter or Chapter 6.8 (commencing
with Section 25300), the administrative order or decision has become
final, and, if applicable, a petition for judicial review of the
final order or decision has not been filed within the time limits
prescribed in Section 11523 of the Government Code, the department
may apply to the clerk of the appropriate court for a judgment to
collect the administrative penalty. The department's application,
which shall include a certified copy of the final administrative
order or decision, constitutes a sufficient showing to warrant
issuance of the judgment. The court clerk shall enter the judgment
immediately in conformity with the application. The judgment so
entered has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may
be enforced in the same manner as any other judgment of the court in
which it is entered.
25185. (a) In order to carry out the purposes of this chapter, any
authorized representative of the department or the local officer or
agency authorized to enforce this chapter pursuant to subdivision (a)
of Section 25180, may, at any reasonable hour of the day, or as
authorized pursuant to Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure, do any of the following:
(1) Enter and inspect a factory, plant, construction site,
disposal site, transfer facility, or any establishment or any other
place or environment where hazardous wastes are stored, handled,
processed, disposed of, or being treated to recover resources.
(2) Carry out any sampling activities necessary to carry out this
chapter, including obtaining samples from any individual or taking
samples from the property of any person or from any vehicle in which
any authorized representative of the department or the local officer
or agency authorized to enforce this chapter pursuant to subdivision
(a) of Section 25180 reasonably believes has transported or is
transporting hazardous waste. However, upon request, split samples
shall be given to the person from whom, or from whose property or
vehicle, the samples were obtained.
(3) Stop and inspect any vehicle reasonably suspected of
transporting hazardous wastes when accompanied by a uniformed peace
officer in a clearly marked vehicle.
(4) Inspect and copy any records, reports, test results, or other
information required to carry out this chapter.
(5) Photograph any waste, waste container, waste container label,
vehicle, waste treatment process, waste disposal site, or condition
constituting a violation of law found during an inspection.
(b) During the inspection, the inspector shall comply with all
reasonable security, safety, and sanitation measures. In addition,
the inspector shall comply with reasonable precautionary measures
specified by the operator.
(c) (1) At the conclusion of the inspection, the inspector shall
deliver to the operator of the facility or site a written summary of
all violations alleged by the inspector. The inspector shall, prior
to leaving the facility or site, deliver the written summary to the
operator and shall discuss any questions or observations that the
operator might have concerning the inspection.
(2) (A) The department or the local officer or agency authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall prepare an inspection report which shall fully detail all
observations made at the facility or site, all alleged violations,
the factual basis for alleging those violations, and any corrective
actions that should be taken by the operator of the facility or site.
The department or the local officer or agency shall provide a copy
of the inspection report to the operator within five days from the
date of the preparation of the inspection report, and, in any event,
not later than 65 days from the date of the inspection. The
inspection report shall include all pertinent information, including,
but not limited to, documents, photographs, and sampling results
concerning the alleged violations. The department or the local
officer or agency shall provide this information to the operator with
the inspection report, including all photographs taken by the
department in the course of the inspection and all laboratory results
obtained as a result of the inspection. If sampling or laboratory
results are not available at the time that the inspection report is
prepared, that fact shall be contained in the report. Those results
shall be provided to the operator within 10 working days of their
receipt by the department or the local officer or agency.
(B) The time period required by subparagraph (A) may be extended
as a result of a natural disaster, inspector illness, or other
circumstances beyond the control of the department, or the local
officer or agency, if the department or the local officer or agency
so notifies the operator within 70 days from the date of the
inspection and provides the inspection report to the operator in a
timely manner after the reason for the delay is ended.
(C) Information from the inspection report, or the report itself,
may be withheld by the department or the local officer or agency if
necessary to a criminal investigation or other ongoing investigation
in which the department or the local officer or agency determines, in
writing, that disclosure of the information will result in a
substantial probability of destruction of evidence, intimidation of
witnesses, or other obstruction of justice.
(D) The department or the local officer or agency shall, at the
operator's request, discuss the inspection report with the operator
and shall, upon the request of the operator, review the inspection
report and determine whether the operator's responses and documented
or proposed corrective actions would be sufficient to comply with
this chapter, or if any allegation of a violation is unwarranted.
(3) The operator of the site or facility which receives an
inspection report pursuant to paragraph (2) shall submit a written
response to the department or the local officer or agency authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
within 60 days of receipt of the inspection report, or within a
shorter time as the department or the local officer or agency may
reasonably require, which shall include a statement documenting
corrective actions taken by the operator or proposing corrective
actions which will be taken by the operator, for purposes of
compliance with this chapter, or disputing the existence of the
violation. Upon receiving the written response from the operator, the
department or the local officer or agency shall, upon the request of
the operator, meet and confer with the operator regarding any
questions, concerns, or comments that the operator may have
concerning the inspection report. The department or the local officer
or agency shall, within 30 working days from the date of receipt of
a response which documents or proposes corrective action, or which
disputes the existence of a violation, determine whether the
corrective actions documented or proposed to be taken by the
operator, if implemented as stated or proposed, will achieve
compliance with this chapter, or whether a violation is still
alleged, as applicable, and shall submit a written copy of that
determination to the operator, in the form of a report of violation
or other appropriate document. If the department or the local officer
or agency fails to make the determination and submit a copy of the
determination within 30 working days from the date of receipt of the
operator's response, the department or the local officer or agency
may not seek penalties for continuing violations or any alleged new
violations caused by the corrective actions taken by the operator,
until the department or the local officer or agency submits the
determination to the operator and provides the operator with a
reasonable time in which to make necessary operational modifications
which differ from those proposed to the department or local officer
or agency.
(d) Whenever information, including, but not limited to,
documents, photographs, and sampling results, has been gathered
pursuant to subdivision (a), the department or the local officer or
agency shall comply with all procedures established pursuant to
Section 25173 and shall notify the person whose facility was
inspected prior to public disclosure of the information, and, upon
request of that person, shall submit a copy of any information to
that person for the purpose of determining whether trade secret
information, as defined in Section 25173, or facility security would
be revealed by the information. "Public disclosure," as used in this
section, shall not include review of the information by a court of
competent jurisdiction or an administrative law judge. That review
may be conducted in camera at the discretion of the court or judge.
25185.5. In order to carry out the purposes of Article 11
(commencing with Section 25220), any authorized representative of the
department may, at any reasonable hour of the day, or as authorized
pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure, enter and inspect any real property
which is within 2,000 feet of a deposit of hazardous waste or a
hazardous waste property and do any of the following:
(a) Obtain samples of the soil, vegetation, air, water, and biota
on or beneath the land.
(b) Set up and maintain monitoring equipment for the purpose of
assessing or measuring the actual or potential migration of hazardous
wastes on, beneath, or toward the land.
(c) Survey and determine the topography and geology of the land.
(d) Photograph any equipment, sample, activity, or environmental
condition described in subdivision (a), (b), or (c). The photographs
shall be subject to the requirements of subdivision (d) of Section
25185.
(e) This section does not apply to any hazardous waste facility
which is required to be permitted pursuant to this chapter and which
is subject to inspection pursuant to Section 25185.
(f) An inspector who inspects pursuant to this section shall make
a reasonable effort to inform the owner or his or her authorized
representative of the inspection and shall provide split samples to
the owner or representative upon request and shall comply with the
provisions of subdivision (b) of Section 25185.
25185.6. (a) The department or any local officer or agency
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180, in connection with any action authorized by this
chapter, may require any of the following persons to furnish and
transmit to the designated offices of the department or the local
officer or agency any existing information relating to hazardous
substances, hazardous wastes, or hazardous materials:
(1) Any person who owns or operates any hazardous waste facility.
(2) Any person who generates, stores, treats, transports, disposes
of, or otherwise handles hazardous waste.
(3) Any person who has generated, stored, treated, transported,
disposed of, or otherwise handled hazardous waste.
(4) Any person who arranges, or has arranged, by contract or other
agreement, to store, treat, transport, dispose of, or otherwise
handle hazardous waste.
(5) Any person who applies, or has applied, for any permit,
registration, or certification under this chapter.
(b) Any person required to furnish this information shall pay any
costs of photocopying or transmitting this information.
(c) When requested by the person furnishing this information the
department or the local officer or agency shall follow the procedures
established under Section 25173.
25186. The department may deny, suspend, or revoke any permit,
registration, or certificate applied for, or issued, pursuant to this
chapter in accordance with the procedures specified in Sections
25186.1 and 25186.2, where the applicant or holder of the permit,
registration, or certificate, or in the case of a business concern,
any trustee, officer, director, partner, or any person holding more
than 5 percent of the equity in or debt liability of that business
concern, has engaged in any of the following:
(a) Any violation of, or noncompliance with, this chapter, Chapter
6.7 (commencing with Section 25280), Chapter 6.8 (commencing with
Section 25300), the Porter-Cologne Water Quality Control Act
(Division 7 (commencing with Section 13000) of the Water Code), the
Resource Conservation and Recovery Act of 1976, as amended, (42
U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act
(49 U.S.C. Sec. 1801 et seq.), the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec.
9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601
et seq.) or any other equivalent federal or state statute or any
requirement or regulation adopted pursuant thereto relating to the
generation, transportation, treatment, storage, recycling, disposal
or handling of a hazardous waste, as defined in Section 25117, a
hazardous substance, as defined in Section 25316, or a hazardous
material, as defined in Section 353 of the Vehicle Code, if the
violation or noncompliance shows a repeating or recurring pattern or
may pose a threat to public health or safety or the environment.
(b) The aiding, abetting, or permitting of any violation of, or
noncompliance with, this chapter, Chapter 6.7 (commencing with
Section 25280), Chapter 6.8 (commencing with Section 25300), the
Porter-Cologne Water Quality Act (Division 7 (commencing with Section
13000) of the Water Code), the Resource Conservation and Recovery
Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous
Materials Transportation Act (49 U.S.C. Sec. 1801 et seq.), the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control
Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or
state statute or any requirement or regulation adopted pursuant
thereto relating to the generation, transportation, treatment,
storage, recycling, disposal or handling of a hazardous waste, as
defined in Section 25117, a hazardous substance, as defined in
Section 25316, or a hazardous material, as defined in Section 353 of
the Vehicle Code, if the violation or noncompliance shows a repeating
or recurring pattern or may pose a threat to public health or safety
or the environment.
(c) Any violation of, or noncompliance with, any order issued by a
state or local agency or by a hearing officer or a court relating to
the generation, transportation, treatment, storage, recycling,
disposal or handling of a hazardous waste, as defined in Section
25117, a hazardous substance, as defined in Section 25316, or a
hazardous material, as defined in Section 353 of the Vehicle Code.
(d) Any misrepresentation or omission of a significant fact or
other required information in the application for the permit,
registration, or certificate, or in information subsequently reported
to the department or to a local officer or agency authorized to
enforce this chapter pursuant to subdivision (a) of Section 25180.
(e) Activities resulting in any federal or state conviction which
are significantly related to the fitness of the applicant or holder
of the permit, registration, or certificate to perform the applicant'
s duties or activities under the permit, registration, or
certificate. For the purposes of this subdivision, "conviction" means
a plea or verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the department may take pursuant to
this subdivision relating to the denial, suspension or revocation of
a permit, registration, or certificate may be based upon a conviction
for which any of the following has occurred:
(1) The time for appeal has elapsed.
(2) The judgment of conviction has been affirmed on appeal.
(3) Any order granting probation is made suspending the imposition
of sentence, notwithstanding a subsequent order pursuant to Section
1203.4 of the Penal Code permitting that person to withdraw the
person's plea of guilty, and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(f) Activities resulting in the revocation or suspension of any
license, permit, registration or certificate held by the applicant or
holder of the permit, registration or certificate or, if the
applicant or holder of the permit, registration, or certificate is a
business concern, by any trustee, officer, director, partner, or any
person holding more than 5 percent of the equity in, or debt
liability of that business concern relating to, the generation,
transportation, treatment, storage, recycling, disposal, or handling
of a hazardous waste, as defined in Section 25117, a hazardous
substance, as defined in Section 25316, or a hazardous material, as
defined in Section 353 of the Vehicle Code.
25186.1. (a) Except as specified in Section 25186.2, proceedings
for the suspension or revocation of a permit, registration, or
certificate under this chapter shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the department shall have all the
powers granted by those provisions. In the event of a conflict
between this chapter and Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, the
provisions of the Government Code shall prevail.
(b) (1) Proceedings to determine whether to grant, issue, modify,
or deny a permit, registration, or certificate shall be conducted in
accordance with the regulations adopted by the department.
(2) The petition for judicial review of a final decision of the
department to grant, issue, modify, or deny a permit, registration,
or certificate shall not be filed later than 90 days after the date
that the notice of the final decision is served.
25186.2. The department may temporarily suspend any permit,
registration or certificate issued pursuant to this chapter prior to
any hearing if the department determines that the action is necessary
to prevent or mitigate an imminent and substantial danger to the
public health or safety or the environment. The department shall
notify the holder of the permit, registration, or certificate of the
temporary suspension and the effective date thereof and at the same
time shall serve the person with an accusation. Upon receipt by the
department of a notice of defense to the accusation from the holder
of the permit, registration, or certificate, the department shall,
within 15 days, set the matter for a hearing, which shall be held as
soon as possible, but not later than 30 days after receipt of the
notice. The temporary suspension shall remain in effect until the
hearing is completed and the department has made a final
determination on the merits, which shall be made within 60 days after
the completion of the hearing. If the determination is not
transmitted within this period, the temporary suspension shall be of
no further effect.
25186.3. (a) The department shall prepare a written report pursuant
to subdivision (b) whenever the department proposes to issue a
hazardous waste facilities permit applied for pursuant to Section
25200 and the department has information that the applicant, or the
applicant under any previous name or names, or, if the applicant is a
business concern, any officer, director, or partner of the business
concern, has been named as a party in any action involving violation
of any statute, regulation, or requirement specified in Section
25186, excluding civil and administrative penalties of one thousand
dollars ($1,000) or less at any hazardous waste facility issued a
permit pursuant to this chapter, and that a conviction, judgment, or
settlement has been entered during a three-year period preceding the
date of application.
(b) The report shall list all convictions, judgments, and
settlements relating to violations of any statutes, regulations, or
requirements specified in Section 25186, excluding civil and
administrative penalties of one thousand dollars ($1,000) or less at
any hazardous waste facility issued a permit pursuant to this
chapter, that occurred during the three-year period preceding the
date of application. The listing of settlements shall include the
following statement: "Settlements may or may not include admissions
of guilt." The report shall separately list all criminal convictions
and those violations resulting in penalties of fifty thousand dollars
($50,000) or more and shall be included in the administrative record
for the proposed permit.
(c) For the purposes of this section, the department may use
criminal history information obtained from the Department of Justice
to the extent that the information is necessary to list all
convictions, judgments, and settlements as required by subdivision
(b).
(d) This section does not apply to facilities that meet the
requirements necessary to operate pursuant to the department's
permit-by-rule regulations.
25186.5. (a) In making a determination pursuant to Section 25186,
the director may contact the district attorney, local agencies, the
Attorney General, the United States Department of Justice, the
Environmental Protection Agency, or other agencies outside of the
state which have, or have had, regulatory or enforcement jurisdiction
over the applicant in connection with any hazardous waste or
hazardous materials activities.
(b) Every hazardous waste licenseholder or applicant, other than a
federal, state, or local agency, who is not otherwise required to
file a disclosure statement on or before January 1, 1989, shall file
a disclosure statement with the department on or before January 1,
1989.
(c) If changes or additions of information regarding majority
ownership, the business name, or the information required by
paragraphs (6) and (8) of subdivision (a) of Section 25112.5 occur
after the filing of the statement, the licenseholder or applicant
shall provide that information to the department, in writing, within
30 days of the change or addition.
(d) Any person submitting a disclosure statement shall pay a fee
set by the department in an amount adequate to defray the costs of
implementing this section, per person, officer, director, or partner
required to be listed in the disclosure statement, in addition to any
other fees required. The department shall deposit these fees in the
Hazardous Waste Control Account. The fees shall be made available,
upon appropriation by the Legislature, to cover the costs of
conducting the necessary background searches.
(e) Any person who knowingly makes any false statement or
misrepresentation in a disclosure statement filed pursuant to the
requirements of this chapter is, upon conviction, subject to the
penalties specified in Sections 25189 and 25189.2 and subdivision (a)
of Section 25191.
(f) The disclosure statement submitted pursuant to subdivision (b)
is exempt from the requirements of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
25186.6. (a) In any case filed in any court or administrative
tribunal, including, but not limited to, the Office of Administrative
Hearings, which alleges any violations of this chapter or any
statute, regulation, or requirement specified in Section 25186, the
prosecuting attorney shall, within 30 days of the date of filing,
forward, to the office of Attorney General located in the City of Los
Angeles, a summary of the case which provides all of the following
information:
(1) The case name and court or administrative number.
(2) The court or administrative tribunal in which the case is
being prosecuted.
(3) The agency prosecuting the case.
(4) The name, business address, and telephone number of the
prosecuting attorney.
(5) The statutes, regulations, or requirements which are alleged
to have been violated.
(6) The date of filing and date or dates of alleged violations.
(7) A brief summary of the action.
(8) The names, addresses, and telephone numbers of all respondents
or defendants in the action.
(9) The status of the case.
(b) Within 30 days of the conclusion of a case specified in
subdivision (a) by verdict, award, judgment, dismissal, or
settlement, the prosecuting attorney shall forward, to the office of
the Attorney General located in the City of Los Angeles, an update of
the information required by subdivision (a), including a statement
describing the final outcome of the case.
(c) The cases subject to this section shall include those cases
which are brought for purposes of clarifying, enforcing, limiting, or
overturning any case which arose out of a violation of this chapter
or statute, regulation, or requirement specified in Section 25186,
including, but not limited to, appeals, actions for contempt, and
revocations of probation.
25186.7. The department may suspend or revoke any grant of
authorization to operate pursuant to a permit-by-rule or
authorization to conduct treatment pursuant to subdivision (a) or (c)
of Section 25201.5, in accordance with the procedures specified in
Sections 25186.1 and 25186.2, for any of the grounds specified in
Section 25186 and may suspend or revoke any grant of conditional
authorization granted pursuant to Section 25200.3 in accordance with
the procedures specified in Sections 25186.1 and 25186.2, for any of
the grounds specified in Section 25186 or as specified in subdivision
(j) of Section 25200.3.
25187. (a) (1) The department or a unified program agency, in
accordance with subdivision (l), may issue an order requiring that
the violation be corrected and imposing an administrative penalty,
for any violation of this chapter or any permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter,
whenever the department or Unified Program Agency determines that a
person has violated, is in violation of, or threatens, as defined in
subdivision (e) of Section 13304 of the Water Code, to violate, this
chapter or Chapter 6.8 (commencing with Section 25300), or any
permit, rule, regulation, standard, or requirement issued or adopted
pursuant to this chapter or Chapter 6.8 (commencing with Section
25300).
(2) In an order proposing a penalty pursuant to this section, the
department or Unified Program Agency shall take into consideration
the nature, circumstances, extent, and gravity of the violation, the
violator's past and present efforts to prevent, abate, or clean up
conditions posing a threat to the public health or safety or the
environment, the violator's ability to pay the proposed penalty, and
the prophylactic effect that the imposition of the proposed penalty
would have on both the violator and the regulated community as a
whole.
(b) The department or a unified program agency, in accordance with
subdivision (l), may issue an order requiring corrective action
whenever the department or Unified Program Agency determines that
there is or has been a release, as defined in Chapter 6.8 (commencing
with Section 25300), of hazardous waste or constituents into the
environment from a hazardous waste facility.
(1) In the case of a release of hazardous waste or constituents
into the environment from a hazardous waste facility that is required
to obtain a permit pursuant to Article 9 (commencing with Section
25200), the department shall pursue the remedies available under this
chapter, including the issuance of an order for corrective action
pursuant to this section, before using the legal remedies available
pursuant to Chapter 6.8 (commencing with Section 25300), except in
any of the following circumstances:
(A) If the person who is responsible for the release voluntarily
requests in writing that the department issue an order to that person
to take corrective action pursuant to Chapter 6.8 (commencing with
Section 25300).
(B) If the person who is responsible for the release is unable to
pay for the cost of corrective action to address the release. For
purposes of this subparagraph, the inability of a person to pay for
the cost of corrective action shall be determined in accordance with
the policies of the Environmental Protection Agency for the
implementation of Section 9605 of Title 42 of the United States Code.
(C) If the person responsible for the release is unwilling to
perform corrective action to address the release. For purposes of
this subparagraph, the unwillingness of a person to take corrective
action shall be determined in accordance with the policies of the
Environmental Protection Agency for the implementation of Section
9605 of Title 42 of the United States Code.
(D) If the release is part of a regional or multisite groundwater
contamination problem that cannot, in its entirety, be addressed
using the legal remedies available pursuant to this chapter and for
which other releases that are part of the regional or multisite
groundwater contamination problem are being addressed using the legal
remedies available pursuant to Chapter 6.8 (commencing with Section
25300).
(E) If an order for corrective action has already been issued
against the person responsible for the release, or the department and
the person responsible for the release have, prior to January 1,
1996, entered into an agreement to address the required cleanup of
the release pursuant to Chapter 6.8 (commencing with Section 25300).
(F) If the hazardous waste facility is owned or operated by the
federal government.
(2) The order shall include a requirement that the person take
corrective action with respect to the release of hazardous waste or
constituents, abate the effects thereof, and take any other necessary
remedial action.
(3) If the order requires corrective action at a hazardous waste
facility, the order shall require that corrective action be taken
beyond the facility boundary, where necessary to protect human health
or the environment.
(4) The order shall incorporate, as a condition of the order, any
applicable waste discharge requirements issued by the State Water
Resources Control Board or a California regional water quality
control board, and shall be consistent with all applicable water
quality control plans adopted pursuant to Section 13170 of the Water
Code and Article 3 (commencing with Section 13240) of Chapter 4 of
Division 7 of the Water Code and state policies for water quality
control adopted pursuant to Article 3 (commencing with Section 13140)
of Chapter 3 of Division 7 of the Water Code existing at the time of
the issuance of the order, to the extent that the department or
Unified Program Agency determines that those plans and policies are
not less stringent than this chapter and regulations adopted pursuant
to this chapter. The order may include any more stringent
requirement that the department or Unified Program Agency determines
is necessary or appropriate to protect water quality.
(5) Persons who are subject to an order pursuant to this
subdivision include present and prior owners, lessees, or operators
of the property where the hazardous waste is located, present or past
generators, storers, treaters, transporters, disposers, and handlers
of hazardous waste, and persons who arrange, or have arranged, by
contract or other agreement, to store, treat, transport, dispose of,
or otherwise handle hazardous waste.
(6) For purposes of this subdivision, "hazardous waste facility"
includes the entire site that is under the control of an owner or
operator engaged in the management of hazardous waste.
(c) Any order issued pursuant to this section shall be served by
personal service or certified mail and shall inform the person so
served of the right to a hearing. If the Unified Program Agency
issues the order pursuant to this section, the order shall state
whether the hearing procedure specified in paragraph (2) of
subdivision (f) may be requested by the person receiving the order.
(d) Any person served with an order pursuant to this section who
has been unable to resolve any violation or deficiency on an informal
basis with the department or Unified Program Agency may, within 15
days after service of the order, request a hearing pursuant to
subdivision (e) or (f) by filing with the department or Unified
Program Agency a notice of defense. The notice shall be filed with
the office that issued the order. A notice of defense shall be deemed
filed within the 15-day period provided by this subdivision if it is
postmarked within that 15-day period. If no notice of defense is
filed within the time limits provided by this subdivision, the order
shall become final.
(e) Any hearing requested on an order issued by the department
shall be conducted within 90 days after receipt of the notice of
defense by an administrative law judge of the Office of
Administrative Hearings of the Department of General Services in
accordance with Chapter 4.5 (commencing with Section 11400) of Part 1
of Division 3 of Title 2 of the Government Code, and the department
shall have all the authority granted to an agency by those
provisions.
(f) Except as provided in subparagraph (B) of paragraph (2), a
person requesting a hearing on an order issued by a unified program
agency may select the hearing process specified in either paragraph
(1) or (2) in the notice of defense filed with the Unified Program
Agency pursuant to subdivision (d). Within 90 days of receipt of the
notice of defense by the Unified Program Agency, the hearing shall be
conducted using one of the following procedures:
(1) An administrative law judge of the Office of Administrative
Hearings of the Department of General Services shall conduct the
hearing in accordance with Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) (A) A hearing officer designated by the Unified Program Agency
shall conduct the hearing in accordance with Chapter 4.5 (commencing
with Section 11400) of Part 1 of Division 3 of Title 2 of the
Government Code, and the Unified Program Agency shall have all the
authority granted to an agency by those provisions. When a hearing is
conducted by a unified program agency pursuant to this paragraph,
the Unified Program Agency shall, within 60 days of the hearing,
issue a decision.
(B) A person requesting a hearing on an order issued by a unified
program agency may select the hearing process specified in this
paragraph in a notice of defense filed pursuant to subdivision (d)
only if the Unified Program Agency has, as of the date the order is
issued pursuant to subdivision (c), selected a designated hearing
officer and established a program for conducting a hearing in
accordance with this paragraph.
(g) The hearing decision issued pursuant to subdivision (f) shall
be effective and final upon issuance. Copies of the decision shall be
served by personal service or by certified mail upon the party
served with the order and upon other persons who appeared at the
hearing and requested a copy.
(h) Any provision of an order issued under this section, except
the imposition of an administrative penalty, shall take effect upon
issuance by the department or Unified Program Agency if the
department or Unified Program Agency finds that the violation or
violations of law associated with that provision may pose an imminent
and substantial endangerment to the public health or safety or the
environment, and a request for a hearing shall not stay the effect of
that provision of the order pending a hearing decision. However, if
the department or Unified Program Agency determines that any or all
provisions of the order are so related that the public health or
safety or the environment can be protected only by immediate
compliance with the order as a whole, then the order as a whole,
except the imposition of an administrative penalty, shall take effect
upon issuance by the department or Unified Program Agency. A request
for a hearing shall not stay the effect of the order as a whole
pending a hearing decision.
(i) A decision issued pursuant to this section may be reviewed by
the court pursuant to Section 11523 of the Government Code. In all
proceedings pursuant to this section, the court shall uphold the
decision of the department or Unified Program Agency if the decision
is based upon substantial evidence in the whole record. The filing of
a petition for writ of mandate shall not stay any action required
pursuant to this chapter or the accrual of any penalties assessed
pursuant to this chapter. This subdivision does not prohibit the
court from granting any appropriate relief within its jurisdiction.
(j) (1) All administrative penalties collected from actions
brought by the department pursuant to this section shall be placed in
a separate subaccount in the Toxic Substances Control Account and
shall be available only for transfer to the Site Remediation Account
or the Expedited Site Remediation Trust Fund and for expenditure by
the department upon appropriation by the Legislature.
(2) The administrative penalties collected from an action brought
by the department pursuant to Sections 25214.3, 25214.22.1, 25215.7,
in accordance with this section, shall be deposited in the Toxic
Substances Control Account, for expenditure by the department for
implementation and enforcement activities, upon appropriation by the
Legislature, pursuant to Section 25173.6.
(k) All administrative penalties collected from an action brought
by a unified program agency pursuant to this section shall be paid to
the Unified Program Agency that imposed the penalty, and shall be
deposited into a special account that shall be expended to fund the
activities of the Unified Program Agency in enforcing this chapter
pursuant to Section 25180.
(l) The authority granted under this section to a unified program
agency is limited to both of the following:
(1) The issuance of orders to impose penalties and to correct
violations of the requirements of this chapter and its implementing
regulations, only when the violations are violations of requirements
applicable to hazardous waste generators and persons operating
pursuant to a permit-by-rule, conditional authorization, or
conditional exemption, when the violations occur at a unified program
facility within the jurisdiction of the CUPA.
(2) The issuance of orders to require corrective action when there
has been a release of hazardous waste or constituents only when the
Unified Program Agency is authorized to do so pursuant to Section
25404.1.
(m) The CUPA shall annually submit a summary report to the
department on the status of orders issued by the unified program
agencies under this section and Section 25187.1.
(n) The CUPA shall consult with the district attorney for the
county on the development of policies to be followed in exercising
the authority delegated pursuant to this section and Section 25187.1,
as they relate to the authority of unified program agencies to issue
orders.
(o) The CUPA shall arrange to have appropriate legal
representation in administrative hearings that are conducted by an
administrative law judge of the Office of Administrative Hearings of
the Department of General Services, and when a decision issued
pursuant to this section is appealed to the superior court.
(p) The department may adopt regulations to implement this section
and paragraph (2) of subdivision (a) of Section 25187.1 as they
relate to the authority of unified program agencies to issue orders.
The regulations shall include, but not be limited to, all of the
following requirements:
(1) Provisions to ensure coordinated and consistent application of
this section and Section 25187.1 when both the department and the
Unified Program Agency have or will be issuing orders under one or
both of these sections at the same facility.
(2) Provisions to ensure that the enforcement authority granted to
the unified program agencies will be exercised consistently
throughout the state.
(3) Minimum training requirements for staff of the Unified Program
Agency relative to this section and Section 25187.1.
(4) Procedures to be followed by the department to rescind the
authority granted to a unified program agency under this section and
Section 25187.1, if the department finds that the Unified Program
Agency is not exercising that authority in a manner consistent with
this chapter and Chapter 6.11 (commencing with Section 25404) and the
regulations adopted pursuant thereto.
(q) Except for an enforcement action taken pursuant to this
chapter or Chapter 6.8 (commencing with Section 25300), this section
does not otherwise affect the authority of a local agency to take any
action under any other provision of law.
25187.1. (a) (1) If the department or a unified program agency
authorized pursuant to paragraph (2) determines, upon receipt of any
information, that the presence of any hazardous waste at a facility
or site at which hazardous waste is, or has been, stored, treated, or
disposed of, or the release of any hazardous waste from the facility
or site may present a substantial hazard to human health or the
environment, the department or authorized unified program agency may
issue an order requiring the owner or operator of the facility or
site to conduct monitoring, testing, analysis, and reporting with
respect to the facility or site which the department or authorized
unified program agency deems reasonable to ascertain the nature and
extent of the hazard.
(2) The authority granted under this section to a unified program
agency is limited to the issuance of orders pursuant to paragraph (1)
to a unified program facility within the jurisdiction of the CUPA,
and is subject to Section 25404.1.
(b) If a facility or site subject to subdivision (a) is not in
operation at the time the determination is made and the department
finds that the owner of the facility or site, could not reasonably be
expected to have actual knowledge of the presence of hazardous waste
at the facility or site and of its potential for release, the
department may issue an order requiring the most recent previous
owner or operator of the facility or site who could reasonably be
expected to have the actual knowledge to carry out the actions
specified in subdivision (a).
(c) Any order issued pursuant to subdivision (a) or (b) shall
require the person to whom the order is issued to submit to the
department or authorized unified program agency, within 30 days from
the issuance of the order, a proposal for carrying out the required
monitoring, testing, analysis, and reporting. The department or
authorized unified program agency may, after providing the person
with an opportunity to confer with the department or authorized
unified program agency concerning the proposal, require the person to
carry out the monitoring, testing, analysis, and reporting in
accordance with the proposal, and with any modifications in the
proposal as the department or authorized unified program agency deems
reasonable to ascertain the nature and extent of the hazard.
(d) If the department or authorized unified program agency
determines that there is no owner or operator specified in
subdivision (a) or (b) to conduct monitoring, testing, analysis, or
reporting satisfactory to the department or authorized unified
program agency, if the department or authorized unified program
agency deems the action carried out by an owner or operator is
unsatisfactory, or if the department or authorized unified program
agency cannot initially determine that there is an owner or operator
specified in subdivision (a) or (b) who is able to conduct
monitoring, testing, analysis, or reporting, the department or
authorized unified program agency may do either of the following:
(1) Conduct monitoring, testing, or analysis, or any combination
of these actions, which the department or authorized unified program
agency deems reasonable, to ascertain the nature and extent of the
hazard associated with the site.
(2) Authorize a local authority or other person to carry out the
action, and require, by order, the owner or operator specified in
subdivision (a) or (b) to reimburse the department or authorized
unified program agency or other authority or person for the costs of
the activity.
(e) The department or authorized unified program agency shall not
issue an order pursuant to this section which requires the department
or authorized unified program agency to be reimbursed for the costs
of any action carried out by the department or authorized unified
program agency to conduct monitoring, testing, and analysis to
determine the results of the actions carried out by a person pursuant
to an order issued pursuant to subdivision (a) or (b).
(f) For purposes of carrying out this section, the department, an
authorized unified program agency, any other local agency, or other
person authorized under paragraph (2) of subdivision (d), may take
action pursuant to Section 25185.
25187.2. If a removal or remedial action order issued pursuant to
Section 25187 to a potentially responsible party requires a person to
take corrective action with respect to hazardous waste, that person
shall pay for oversight of the removal or remedial action. This
section does not prohibit the department or unified program agency
from assessing any other penalty or recovering any costs for
oversight of a removal or remedial action, pursuant to any other
provision. Nothing in this section limits the due process
requirements of Section 25187.
25187.5. (a) If corrective action is not taken on or before the
date specified in an order issued pursuant to Section 25187, or if in
the judgment of the department immediate corrective action is
necessary to remedy or prevent an imminent substantial danger to the
public health, domestic livestock, wildlife, or the environment, the
department may take, or contract for the taking of, that corrective
action and recover the cost thereof as provided in subdivision (c).
(b) (1) The department may expend up to one hundred thousand
dollars ($100,000) in a 12-month period of available moneys in the
Hazardous Waste Control Account in the General Fund to take
corrective action pursuant to subdivision (a).
(2) Notwithstanding any other provision of law, the department may
enter into written contracts for corrective action taken or to be
taken pursuant to subdivision (a).
(3) Notwithstanding any other provision of law, the department may
enter into oral contracts, not to exceed ten thousand dollars
($10,000) in obligation, when in the judgment of the department
immediate corrective action is necessary to remedy or prevent an
imminent substantial danger to the public health, domestic livestock,
wildlife, or the environment.
(4) The contracts entered into pursuant to this subdivision,
whether written or oral, may include provisions for the rental of
tools or equipment, either with or without operators furnished, and
for the furnishing of labor and materials necessary to accomplish the
work.
(5) Any contract entered into by the department pursuant to this
subdivision shall be exempt from approval by the Department of
General Services pursuant to Section 10295 of the Public Contract
Code.
(c) If corrective action is taken pursuant to subdivision (a), the
person or persons who were subject to the order issued pursuant to
Section 25187, or any person or persons whose violation resulted in
the imminent and substantial danger to health or the environment
shall be liable to the department for the reasonable cost actually
incurred in taking corrective action. In addition, the person or
persons shall be liable to the department for administrative costs in
an amount equal to 10 percent of the reasonable cost actually
incurred or five hundred dollars ($500), whichever is greater. The
amount of cost determined pursuant to this subdivision shall be
recoverable in a civil action by the department, in addition to any
other fees or penalties. Persons who may be liable pursuant to this
subdivision shall include, but not be limited to, present or prior
owners, lessees, or operators of the property where the hazardous
waste is located and producers, transporters or disposers of the
hazardous waste.
(d) Neither the department, nor any person authorized by the
department to enter upon any lands for the purpose of taking
corrective action pursuant to subdivision (a) is liable to civil or
criminal action for trespass for any acts that are necessary to carry
out the corrective action.
(e) This section does not impose any new liability associated with
acts that occurred before January 1, 1981, if the acts were not in
violation of existing law or regulations at the time they occurred.
25187.6. (a) If an authorized agent of the department has probable
cause to believe that any hazardous waste, or any material which the
authorized agent reasonably believes to be a hazardous waste, is
stored, transported, disposed of, or handled in violation of this
chapter or in a manner that will constitute a violation of this
chapter, and that the violation may threaten public health and
safety, or the environment, the agent may issue an order of
quarantine by affixing a tag or other appropriate marking to the
container containing, or to the vehicle transporting, the hazardous
waste.
(b) Upon issuing an order of quarantine pursuant to subdivision
(a), the authorized agent shall notify the person who owns the
hazardous waste, or the owner or lessee of the vehicle in which the
wastes are transported, of all of the following:
(1) The hazardous waste has been subject to a quarantine order
because the hazardous waste is, or is suspected of being, stored,
transported, disposed of, or handled in violation of this chapter.
(2) No person shall remove, transfer, or dispose of the hazardous
waste until permission for removal, transfer, or disposal is given by
an authorized agent of the department or by a court.
(3) The person so notified may request, and shall be granted, an
immediate hearing before a person designated by the director to
review the validity of the authorized agent's order. For purposes of
this section, an immediate hearing shall be held within 24 hours
after a hearing is requested by the person subject to the order.
(c) Any order of quarantine issued pursuant to subdivision (a)
shall take effect upon issuance and shall remain effective for 30
days thereafter, until an authorized agent removes the quarantine
order pursuant to subdivision (d), or until the quarantine order is
revoked pursuant to a hearing conducted in accordance with paragraph
(3) of subdivision (b), whichever event occurs first.
(d) If an authorized agent of the department determines that a
hazardous waste subject to a quarantine order is not being stored,
handled, transported, or disposed of in violation of this chapter, or
does not threaten public health and safety or the environment, the
authorized agent shall revoke the order of quarantine.
(e) If an authorized agent of the department has probable cause to
believe that a hazardous waste subject to a quarantine order will,
or is likely to, be removed, transferred or disposed of in violation
of this section, the authorized agent may remove the hazardous waste
to a place of safekeeping.
(f) A hazardous waste in transit for which a quarantine order has
been issued pursuant to subdivision (a) shall be stored or held at
one of the following locations, which the authorized agent determines
will represent the least risk to the public health and safety or the
environment:
(1) The facility owned or operated by the producer of the waste,
except when the producer is located outside the state.
(2) The transporter's yard, facility, or terminal.
(3) The treatment, storage, or disposal facility to which the
hazardous waste is to be transported.
(4) Any other site designated by the authorized agent.
(g) All fees for storage and any other expenses incurred in
carrying out subdivision (e) or (f) shall be a charge against the
person who owns the hazardous waste or the owner or lessee of the
vehicle in which the wastes are transported.
(h) For purposes of this section, "authorized agent of the
department" includes any representative of a local officer or agency
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180.
25187.8. (a) An authorized representative of the department or
local officer or agency authorized to enforce this chapter pursuant
to subdivision (a) of Section 25180, who, in the course of conducting
an inspection of a facility, detects a minor violation of any permit
conditions, rule, regulation, standard, or other requirement, shall
issue a notice to comply before leaving the site in which the minor
violation is alleged to have occurred.
(b) A facility which receives a notice to comply pursuant to
subdivision (a) shall have not more than 30 days from the date of
receipt of the notice to comply in which to achieve compliance with
the permit conditions, rule, regulation, standard, or other
requirement cited on the notice to comply. Within five working days
of achieving compliance, an appropriate person who is an owner or
operator of, or an employee at, the facility shall sign the notice to
comply and return it to the department representative or to the
authorized local officer or agency, as the case may be, which states
that the facility has complied with the notice to comply. A false
statement that compliance has been achieved is a violation of this
chapter pursuant to Section 25191.
(c) A single notice to comply shall be issued for all minor
violations cited during the same inspection and the notice to comply
shall separately list each of the cited minor violations and the
manner in which each of the minor violations may be brought into
compliance.
(d) A notice to comply shall not be issued for any minor violation
which is corrected immediately in the presence of the inspector.
Immediate c