Hazardous Materials Information And Consulting Services - - CA Health And Safety

Section § 25550

This law says that if a group representing local businesses asks, the county must meet with local business representatives to decide if there's a need for a service that provides information and advice about handling hazardous materials. If the county finds there is a need and they have or can get the right expertise, they can start this service. The service is aimed at helping certain people such as those managing hazardous waste, owners of underground storage tanks, and businesses that need emergency response plans for hazardous materials.

If requested by an organization representing local businesses, a county shall meet with representatives of local businesses to determine whether there is a need for a hazardous materials information and consulting service to assist businesses in that county. If the county determines there is a need for the service, and the county possesses or could reasonably secure the necessary technical expertise, the county may establish a hazardous materials information and consulting service to provide the services specified in Section 25551, subject to the prosecution policies developed pursuant to Section 25552, to all the following persons:

(a) Any person subject to Chapter 6.5 (commencing with Section 25100), including, but not limited to, any person discharging hazardous waste into a surface impoundment pursuant to Article 9.5 (commencing with Section 25208) of Chapter 6.5.

(b) The owner or operator of an underground storage tank subject to Chapter 6.7 (commencing with Section 25280).

(c) Any business required to establish and implement a business plan for emergency response pursuant to Chapter 6.95 (commencing with Section 25500).

hazardous materials consulting service local business needs technical expertise hazardous waste management underground storage tanks emergency response plans business plan requirements county service establishment Section 25551 services prosecution policies surface impoundment Chapter 6.5 compliance Chapter 6.7 tanks Chapter 6.95 emergency response local businesses consultation

(Added by Stats. 1987, Ch. 1432, Sec. 1.)

Section § 25551

If a county sets up a service to offer information and advice about hazardous materials, they need to take certain steps. First, they should create or use existing informational materials about specific regulatory programs and let people know these materials are available. Next, they must respond to phone inquiries, providing information either verbally or in writing. Additionally, they should provide on-site consultations when requested by relevant individuals. Finally, the service should hold seminars for business representatives and attend meetings upon invitation to explain the regulatory programs and the services they offer.

A county which establishes a hazardous materials information and consulting service pursuant to this chapter shall do all of the following:

(a) Develop informational materials or adapt existing materials on the regulatory programs specified in Section 25550 and publicize the availability of this information.

(b) Respond to telephone inquiries with verbal or written information.

(c) Conduct onsite consultations on the request of a person specified in Section 25550.

(d) Conduct seminars for business representatives and attend meetings, when invited, to explain the regulatory programs specified in Section 25550 and the service’s availability.

hazardous materials consulting informational materials regulatory programs telephone inquiries on-site consultations seminars for businesses meetings with business representatives availability of information hazardous materials advice county services publicize information Section 25550 requirements business representatives verbal information written information

(Added by Stats. 1987, Ch. 1432, Sec. 1.)

Section § 25551.2

This law allows a county in California to either make a contract or an agreement with neighboring counties. The purpose is to offer consulting services to businesses located across multiple counties.

A county may contract with another county, or enter into a memorandum of agreement with one or more nearby counties, to provide consulting services for businesses within a multicounty region.

county contract memorandum of agreement multicounty region consulting services businesses intercounty collaboration regional cooperation business support contractual agreements county partnerships regional consulting business consulting services nearby counties mutual agreements collaborative services

(Added by Stats. 1987, Ch. 1432, Sec. 1.)

Section § 25552

This law section outlines the procedures a county must follow if it establishes a certain program involving violations of health and safety regulations. Before setting any fees, the county must work with its district attorney to create prosecution policies for violations. These policies should consider if the violation was intentional, accidental, or negligent, whether the violator agrees to fix the problem within the county's timeline, and if the violation was found during a consultation. The timeline for fixing violations is not open to negotiation. Counties can take or refer enforcement action against violations that pose a significant danger to public health, safety, or the environment, providing recommendations for cleanup and noting if the violator tried to comply voluntarily.

(a) A county that establishes a program pursuant to Section 25550 shall, prior to establishing a fee structure pursuant to subdivision (a) of Section 25553, consult with the district attorney for that county to develop policies to be followed by the district attorney in making decisions concerning prosecution of violations discovered pursuant to this chapter. These policies shall include, but are not limited to, consideration of the following:

(1) Whether the violation is a knowing, willful, negligent, or inadvertent violation.

(2) Whether the violator agrees to the schedule of compliance specified by the county.

(3) Whether the violation was discovered during an onsite consultation carried out pursuant to this chapter.

(b) Schedules for compliance referred to in subdivision (a) shall not be subject to negotiation between the county and the violator.

(c) A county may take enforcement action, or refer for enforcement action, a violation subject to the policies adopted pursuant to subdivision (a) if the violation involves an imminent or substantial endangerment to public health and safety or the environment. If a county refers a violator for enforcement action to the appropriate state or local agency pursuant to this subdivision, the county shall include any recommendations for cleanup or abatement of the violation and information on whether the violator has voluntarily attempted to comply with the statute or regulation.

county program fee structure district attorney consultation prosecution policies violation types intentional violations negligent violations inadvertent violations compliance schedule onsite consultation imminent danger public health endangerment environmental risk enforcement action cleanup recommendations voluntary compliance

(Added by Stats. 1987, Ch. 1432, Sec. 1.)

Section § 25553

This law allows counties in California to charge businesses fees for services related to handling hazardous materials. The fees should only cover the county's costs, and are developed with input from local businesses. The fee amounts are based on how much and how dangerous the materials are.

Counties can also apply for extra state funds to help with waste management and enforcement. Additionally, counties must offer hazardous materials information and consulting services to businesses not charged the initial fee, but these businesses will pay a separate fee set by the county for these services.

(a)

(1) Each county may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from businesses which request the services provided by this chapter. The fee schedule shall be developed by the county in consultation with local business representatives. The fee shall be set in an amount sufficient to pay only those costs incurred by the county in carrying out this chapter. In determining the fee schedule, the administering agency shall consider the volume and degree of hazard potential of the hazardous materials handled by the business.

(2) A county may seek supplemental funds for the support of activities carried out pursuant to this chapter from existing state funds which are available to local governmental entities for the costs of waste control and enforcement programs, to the extent that use of the funds will alleviate the disposal of hazardous wastes in solid waste landfills.

(b) A county which has established a hazardous materials information and consulting service pursuant to this chapter shall provide these services to an individual business which has not been assessed a fee as determined by the schedule adopted pursuant to subdivision (a). A business provided services pursuant to this subdivision shall pay a fee to the county for these services at a rate set by the county.

hazardous materials business fees fee schedule county costs waste management enforcement programs state funds local businesses consulting services hazard potential hazardous waste disposal service fees waste control hazardous materials handling government body vote

(Added by Stats. 1987, Ch. 1432, Sec. 1.)