25420-25422
HEALTH AND SAFETY CODE
SECTION 25420-25422
25420. For purposes of this chapter, the following definitions apply: (a) "Department" means the Department of Toxic Substances Control. (b) "Gas corporation" has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate regulation by the Public Utilities Commission. (c) "Person" means an individual, trust, firm, joint stock company, partnership, association, business concern, limited liability company, or corporation. "Person" also includes any city, county, district, and the state or any department or agency thereof, or the federal government or any department or agency thereof to the extent permitted by law. 25421. (a) Until the rule or order specified in subdivision (b) is adopted, no gas producer shall knowingly sell, supply, or transport landfill gas to a gas corporation, and no gas corporation shall knowingly purchase landfill gas, if that gas contains vinyl chloride in a concentration that exceeds the operative no significant risk level set forth in Article 7 (commencing with Section 12701) of Chapter 3 of Division 2 of Title 22 of the California Code of Regulations. (b) On or before January 1, 1990, the Public Utilities Commission shall, by rule or order, specify the maximum amount of vinyl chloride that may be found in landfill gas pursuant to the requirements of subdivision (a). (c) No gas corporation shall knowingly and intentionally expose any customer, employee, or other person to gas from a landfill if that gas contains any chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to that individual, except as provided by Section 25249.10. (d) Every person who produces, sells, supplies, or releases landfill gas for sale offsite to a gas corporation shall, twice each month, sample and test the gas at the point of distribution for the presence of chemicals known to the state to cause cancer or reproductive toxicity in accordance with the test guidelines prepared under Section 41805.5. The air pollution control district or air quality management district within which the landfill is situated shall review the testing procedures for compliance with the guidelines and require the correction of any deficiencies. The district shall require, among other things, that the gas be analyzed by a laboratory certified by the department and shall transmit the results of the analysis to the department for its determination of compliance or noncompliance with subdivisions (a) and (b). The department shall fix and impose upon the gas producer a fee to cover its costs under this subdivision. The results of each sample and test shall be reported promptly to the gas corporation to which the landfill gas is sold, and any person or public agency requesting a copy of the report. (e) Nothing in this section prohibits the direct delivery of landfill gas for the generation of electricity, the production of steam, or other industrial application. (f) The gas corporation shall obtain the results of the test conducted pursuant to subdivision (d) and shall purchase no gas which the test shows to contain vinyl chloride that exceeds the amount permitted in subdivision (a), or if the rule or order has been adopted, as specified in subdivision (b). (g) This section applies only to landfill gas delivered to the pipeline of a gas corporation. 25422. (a) Any person violating, or threatening to violate, Section 25421 may be enjoined in any court of competent jurisdiction. (b) Any person who has violated Section 25421 shall be liable for a penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation. The civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. The actions may be brought by the Attorney General in the name of the people of the State of California or by any district attorney or by any city attorney of a city having a population in excess of 750,000 or with the consent of the district attorney by a city prosecutor. The penalties may also be assessed administratively pursuant to Section 25187.