This law outlines how hazardous waste standards are enforced in California. The Department, along with local health or public officers, is primarily responsible for enforcement. In areas without a Certified Unified Program Agency (CUPA), it assigns specific officers and agencies to enforce the rules. In regions with a CUPA, only unified program agencies enforce these standards. Furthermore, traffic and certain peace officers can enforce specific regulations related to hazardous waste. The California Highway Patrol has authority over parts related to hazardous waste transportation. The law ensures fair treatment across all parties dealing with hazardous waste, such as generators and transporters, by applying consistent penalties and enforcement.

This law section clarifies that the term "permit" also includes certain matters considered as permits under a specific part of another law, specifically subdivision (c) of Section 25198.6.

This law requires that the department gives top priority to taking enforcement actions in communities that the California Environmental Protection Agency has identified as being most affected by environmental justice issues. This means that these communities will see faster action when it comes to addressing environmental violations.

This law requires that the Department, the State Water Resources Control Board, and regional water quality boards inform local health officials within 15 days if they find out or discover any illegal hazardous waste disposal in a county, city, or district. This notice must include all relevant test results and information, excluding trade secrets or sensitive data tied to litigation. If legal actions are proposed or there are settlements related to hazardous waste, local authorities must also be notified.

Additionally, these entities need to work together with unified program agencies to address any violations of hazardous waste laws at facilities under a unified program.

If a government employee has information about illegal hazardous waste discharge that threatens public health, they must report it to local authorities within 72 hours unless it would harm a criminal investigation or is already public knowledge. Failure to report can lead to jail time, a fine, and job loss. Local health officers must inform the public through media promptly.

This law allows the department or a unified program agency to take legal action if someone is breaking or about to break environmental laws or regulations. They can request help from city or county legal authorities or the Attorney General to ask a court for orders to stop these actions or make people comply. The court can issue different types of legal orders like an injunction, which can be temporary or permanent.

When county counsel or the district attorney starts a legal action, they must inform relevant local authorities within a week about the legal steps being taken where the problematic action is happening or will happen.

If you are a registered waste transporter carrying medical waste and you don't fall under Section 25097, you can be penalized for breaking the rules outlined in this article.

This law states that when there is a civil legal action regarding the handling of hazardous wastes, it is filed on behalf of California's residents by certain officials, like city attorneys or the Attorney General. If there are multiple cases about the same hazardous waste issue, they can be combined into one case.

If you're filing a civil lawsuit related to hazardous waste issues under this chapter, you can do so in one of three places: where the hazardous waste processing or disposal is happening or planned, where the defendant's main office is based, or where the nearest office of the Attorney General is located relative to the defendant's main office.

This law states that when you file a civil lawsuit asking for certain court orders, like a temporary restraining order or an injunction to stop something from happening, you don't need to prove that not having this order would cause irreparable harm or that other legal remedies wouldn't be enough. The court can issue these orders without needing this specific proof.

This law explains what happens when an agency's order or decision to impose a penalty becomes final. If nobody files a court review within the allotted time, the agency can ask the court to make it a formal judgment. They must provide a copy of the order, and the court will swiftly turn it into a judgment, which then works just like any other civil court judgment and can be enforced the same way.

This law allows authorized officials to inspect places involved with hazardous waste, such as factories and disposal sites, at reasonable hours. They can enter these sites, collect samples, inspect vehicles with hazardous wastes, review documents, and take photographs during inspections. After an inspection, officials must provide a summary of any violations to the site operator and later send a detailed report.

The operator must respond with corrective actions within 60 days. Officials will then evaluate whether these actions comply with regulations. If officials delay evaluating the response, they can't penalize for ongoing or new violations based on those actions until resolved.

Inspectors must follow safety measures during visits and must inform operators before publicly disclosing inspection findings. All collected data can be reviewed to determine if trade secrets or security information would be exposed if made public.

This law allows authorized officials to inspect properties within 2,000 feet of a hazardous waste site. These officials can take samples of the environment, set up monitoring equipment, and document conditions through photographs.

Inspections must be conducted at reasonable times, and efforts should be made to inform property owners when inspections occur. Moreover, inspectors can offer property owners portions of any samples taken. These actions aim to track the spread of hazardous waste.

However, this inspection right does not apply to sites that already have specific hazardous waste facility permits.

This law gives the California Department of Toxic Substances Control, or local authorities, the power to ask people or businesses dealing with hazardous waste to provide information about their activities related to hazardous materials. This includes owners of waste facilities, handlers, and those applying for permits. The purpose is to manage and finance responses to potential hazards. If the information is not provided, the department can issue an order to enforce compliance. Costs for providing information are the responsibility of the provider. Information can be shared with relevant agencies but must be kept secure unless consent is given. Moreover, businesses can mark certain data as 'trade secrets' to protect their confidentiality. Violating these confidentiality rules by sharing protected information could lead to fines or imprisonment.

This law allows the department to deny, suspend, or revoke permits, registrations, or certificates if the applicant or holder, or significant individuals in a business, violate environmental laws. Violations include noncompliance with hazardous waste and materials regulations, involvement in repeated offenses, legal convictions related to their duties, misrepresenting information, and having licenses revoked for related issues.

This law outlines the procedures for dealing with permits, registrations, or certificates under specific health and safety regulations. If the department wants to suspend or revoke one of these, they must follow certain procedures established in the Government Code. If there's any disagreement between this law and the Government Code, the Government Code rules.

When it comes to deciding whether to give, change, or deny any permit or certificate, the department follows its own regulations. If someone wants to challenge a final decision about a permit or certificate, they have up to 90 days from when the decision notice was served to file a petition for review.

The department can temporarily suspend any permit, registration, or certificate if it believes there's a serious risk to public health, safety, or the environment. This decision can be based on various types of information about potential harm or risks. The permit holder will be notified of the suspension and receive an official accusation.

If the permit holder responds with a defense notice, the department must schedule a hearing within 15 days, and the hearing must occur within 30 days. The temporary suspension stays in place until the hearing is finished and a final decision is made, which should happen within 60 days of the hearing's end. If the decision isn't made in time, the suspension ends.

This law allows the department to temporarily shut down a facility that is operating with an expired permit or under interim status if there’s a threat to public health, safety, or the environment. The facility’s owner will be notified of the suspension and must receive an official accusation. If the owner disputes the accusation, they can request a hearing, which will be scheduled within 15 days and held no later than 30 days after the defense notice is received. The suspension stays in place until after the hearing and the department makes a final decision, which must occur within 60 days of the hearing's end. If the department doesn't make a decision by then, the suspension is lifted.

This section outlines the requirements for the California Department of Toxic Substances Control when issuing a hazardous waste facilities permit. If the applicant or any associated party has been involved in legal actions related to hazardous waste rules in the past three years, the department must prepare a report listing all convictions, judgments, and significant settlements over $50,000. This includes legal outcomes from the past three years, except minor penalties under $1,000, and the report becomes part of the administrative record for the permit. The findings can use criminal history data as needed. This rule doesn't apply to facilities operating under the department's permit-by-rule regulations.

This section defines what constitutes a 'violation' or 'noncompliance' regarding hazardous waste. It includes significant risks to public health or safety from hazardous waste exposure, disobedience of department orders, and serious legal convictions related to hazardous waste handling.

Minor offenses are excluded from this definition. The law emphasizes that repeated violations by a facility within five years can justify denying, suspending, or revoking related permits or registrations. However, exceptions may apply if penalizing would threaten public safety or the environment. The department still retains broad authority to manage permits as necessary.

This law outlines the procedures and requirements for hazardous waste licenseholders or applicants regarding disclosure statements. First, the director can reach out to various legal and environmental authorities both in and out-of-state to gather information about the applicant's history with hazardous waste activities. Licenseholders who didn't need to file a disclosure before January 1, 1989, must do so by that date. They must also update the department within 30 days if there are changes to their majority ownership, business name, or other specified information. A fee must be paid to cover the cost of background checks. Importantly, if someone intentionally submits false information, they face penalties. Lastly, the disclosure statements are not subject to public record requests under the California Public Records Act.

Whenever a case is filed in court or an administrative tribunal involving certain violations, the prosecuting attorney must send a summary of the case to the Attorney General's office in Los Angeles within 30 days. This summary should include detailed information about the case such as the name, prosecution details, alleged violations, and current status. After the case concludes, an updated summary, including the outcome, must also be sent within 30 days. This applies to cases focused on clarifying, enforcing, or overturning violations, including appeals or actions for contempt.

This law allows the department to suspend or revoke the authorization given to operate under certain permits if there are valid reasons. These actions must follow the procedures outlined in specific sections of the Health and Safety Code. The department can also suspend or revoke conditional authorizations if the conditions listed in the relevant sections are met.

This section deals with the California Department of Toxic Substances Control and unified program agencies having the power to issue orders for correcting violations related to hazardous waste laws. If someone breaks these rules, they might have to fix the problem and possibly pay penalties. The penalties and corrective action orders are issued based on the seriousness of the violation, the violator’s history, and their ability to pay. The orders can also require action if there is a release of hazardous waste that endangers health or the environment.

In some cases, if a hazardous waste facility has released dangerous substances into the environment, the department must try other remedies before litigating, unless certain conditions apply, like the person responsible being unable or unwilling to fix the issue, or if the release is part of a larger regional issue. The orders are legally enforceable, and there’s a process for hearings if the person or company disagrees with the enforcement order. Administrative penalties collected are put into funds for site cleanup or the agency's enforcement activities.

This section also specifies how the orders should be delivered, the right to a hearing, and that the hearing should occur within a set timeframe. The department can adopt regulations to implement these provisions and ensure uniform application throughout the state. The law also doesn't limit any local agency's authority to enforce other laws.

This section of the law allows the department or authorized agencies to demand monitoring and testing for hazardous waste at sites if they believe there's a significant risk to health or the environment. If a site is inactive, past owners with knowledge of the waste may be ordered to act instead. Any orders must be responded to within 30 days with a plan for testing and reporting. If no suitable party can perform these tasks, the department or an authorized agency can step in, maybe even authorize others to perform these actions, but cannot demand reimbursement for their costs associated with evaluating an individual's compliance. Agencies can use their general powers to enforce this section.

This law states that if the California Department of Toxic Substances Control issues an order for someone to clean up hazardous waste, that person has to pay for any costs the department incurs from overseeing or managing the cleanup process.

This law requires facility owners or operators needing corrective action under the Department's supervision to estimate the cost of corrective measures for hazardous waste releases and show financial guarantees to cover these costs. They must keep this financial assurance until the Department confirms the corrective actions are complete. Facilities have 90 days post-approval of cost estimates to demonstrate these financial assurances using specific or alternative approved financial mechanisms.

Government entities are exempt. Owners can meet requirements by proving they've provided financial assurances to another relevant water board. If sole jurisdiction is already established by another agency, no extra financial assurances are needed unless directed by the lead agency.

When a corrective action order isn't followed in time, or immediate action is needed to prevent a serious threat to health, wildlife, or the environment, the department can step in and fix the problem, later reclaiming costs from responsible parties.

The department can use up to $100,000 yearly from the Hazardous Waste Control Account for this purpose and can make contracts, written or oral, for necessary services up to $10,000 without prior approvals. These contracts can include renting tools or hiring labor.

The people who originally caused or failed to address the problem must repay the department for its expenses plus extra administrative costs. This includes current or previous property owners, and those who created, moved, or disposed of the hazardous waste.

Anyone authorized by the department to fix the problem can't be sued for trespassing. The law doesn't apply retroactively to acts before January 1, 1981, if they weren't illegal then.

This law allows an authorized agent to issue a quarantine order if they think hazardous waste is being handled unsafely or illegally, which could pose a risk to health or the environment. A quarantine involves tagging the waste or transport vehicle, preventing its movement until cleared.

Once a quarantine order is issued, the owner of the waste or transport vehicle must be notified. They cannot move or dispose of the waste without permission from the department or a court. If they disagree with the quarantine, they can request a hearing within 24 hours to review the order's validity.

The quarantine is effective for up to 30 days unless lifted sooner. If the agent finds no violations or threats, they revoke the quarantine. If there's a risk the waste will be illegally moved or disposed of, the agent may move it to a safe location. Options for holding quarantined waste include the facility that produced it, the transporter's yard, the destination facility, or another designated site.

The cost of storing the waste during quarantine falls on the waste's owner or the vehicle's owner/lessee. The law also specifies that any local official enforcing the rules is considered an authorized agent.

If a facility is found with a minor violation during an inspection, the inspector must issue a 'notice to comply' before leaving the site. The facility then has 30 days to fix the issue and must confirm compliance in writing. A false compliance statement is illegal.

If a minor violation is immediately fixed in front of the inspector, no further notice is needed. The 'notice to comply' is the only way minor violations can be cited, and the facility won't face further action if they meet compliance.

If the facility disagrees with the notice, they can write to challenge it. If necessary, the situation can be appealed in court.

If a facility doesn't fix the issue in time or if the violation poses a public or environmental risk, the agency can enforce stricter measures or penalties. Facilities may also be reinspected to ensure compliance.

The department can request supporting documents to verify compliance claims.

If someone is given an order under Section 25187 and fails to follow it, they can be fined up to $70,000 for every day they don't comply.

This law section explains the penalties for making false statements or improperly handling hazardous waste in compliance-related documents. If someone knowingly or accidentally makes a false claim or violates any rules, they could face fines up to $70,000 per breach, with additional fines for each day a violation continues.

If someone disposes of hazardous waste in unauthorized locations, they might also be fined between $1,000 to $70,000 per violation, with separate fines accruing daily if they are aware of but fail to rectify the issue. The same penalties apply if hazardous waste is treated or stored unlawfully.

These fines are in addition to other potential penalties, but they won't overlap with penalties under certain other provisions for the same act.

This law states that if a person is penalized for improperly disposing of hazardous waste, they are also responsible for paying for damages and restoration efforts related to any harm caused to natural resources. Specifically, this includes costs for assessing damage, restoring, replacing, or acquiring equivalent resources that were harmed.

These liabilities are in addition to any other penalties or fines. The state or local agencies can collect these funds before they start remediation work, and they can do this through legal action, often initiated by the trustee of the affected resources, with potential involvement from the Attorney General or a district attorney.

Funds collected go toward environmental recovery efforts and can be deposited into specific environmental protection accounts.

If someone lies on documents related to hazardous waste management, they can be fined up to $70,000 for each instance of lying or per day for ongoing lies. Fines also apply to those who break environmental rules, illegally dispose of hazardous waste, or store such waste without permission from authorities. The fine amount can reach $70,000 per violation or per day for ongoing breaches. However, individuals who reasonably ensure their hazardous waste is handled by registered and authorized transporters or facilities aren't considered in violation. A person can't be penalized under this law and another similar law for the same infraction. Punishments can be pursued in civil court or administratively.

This law explains when and how the California Department of Toxic Substances Control can suspend permits for facilities that handle hazardous waste. A permit can be suspended if the facility fails to pay required fees or penalties. The department must notify the facility about the delinquency and give at least 30 days to correct it before suspending the permit. Facilities can also lose their permit if they fail to pay penalties assessed by a court or hearing officer. However, if the facility corrects the payment issue, the permit can be reinstated. Any suspensions are public records, but government agencies aren't affected if payment delays are uncontested.

This law adds an extra civil penalty for individuals or entities that have repeatedly violated certain hazardous waste regulations. If someone is found guilty of two or more previous violations within a five-year period, they face an additional fine between $5,000 and $50,000 for each day of each violation. This applies to specific sections of the hazardous waste laws mentioned in part (b).

This law makes it illegal to dispose of, transport, treat, or store hazardous waste at a facility that isn't properly permitted. If someone knowingly or should have known they were violating this rule, they can face imprisonment for up to a year or more, depending on the severity. Additionally, those convicted will face hefty fines ranging from $5,000 to $100,000 for each day the violation continues. If the violation causes severe injury or poses a likelihood of death, the penalties can be even more severe, with longer prison terms and fines up to $250,000 per day. Each day the waste is unlawfully left on-site without being reported is considered a separate violation unless the person has notified the authorities and is following orders to manage the waste.

In California, it's illegal to recklessly or knowingly mishandle hazardous waste in a way that could lead to a serious fire, explosion, injury, or death. If caught and convicted, you could face a fine ranging from $5,000 to $250,000 per day or even jail time, or both.

If your actions put someone in immediate danger of death or serious injury, the penalty increases. In this case, you could face a fine between $5,000 and $250,000 per day, plus a jail sentence of three, six, or nine years.

This law makes it illegal to burn or incinerate hazardous waste at any site not authorized by a permit from the department. Doing so can result in jail time or a fine. If a person is found guilty of knowingly or negligently burning hazardous waste without a permit, they can be imprisoned for up to one year, or longer under certain conditions, and fined between $5,000 and $100,000 per day of violation. If the act leads to serious bodily injury or a high risk of death, the penalties increase to up to three years in prison, plus a fine up to $250,000 per day.

This law makes it illegal to knowingly engage in specific activities related to hazardous waste, such as making false statements in compliance documents, altering or hiding records, and failing to provide required manifest documents during transport. Penalties include fines and possible imprisonment, with harsher punishments for repeat offenders or more severe violations. Each day a violation continues is counted as a separate offense.

If hazardous waste regulations are violated during transport, only the vehicle owner, lessee, or the person who authorized the transport, but not the driver, can be penalized unless the driver is also the owner or lessee. Additionally, if someone other than the waste producer prepares the shipping paperwork improperly, they can face penalties as well. Prosecutors can add parties involved in illegal hazardous waste transport as codefendants, and charges can be redirected to the responsible party if necessary.

City attorneys have the authority to bring legal actions based on several specified sections related to hazardous waste violations.

This law section establishes a reward system for people who provide information leading to civil or criminal penalties against someone violating environmental regulations. Reward is 10% of the penalty or fine, up to $5,000, and is paid by the department or county. Informants must be the first to report and not be public officials or business employees who caused or investigated the violation. The department sets regulations for handling reward claims and publicizes the reward system.

This law explains how money from civil and criminal penalties related to toxic substances is divided. First, half of the money goes to the Toxic Substances Control Account in the state's General Fund. Then, a quarter of the money goes to the legal office that started the case, such as the city attorney or district attorney. The remaining quarter is given to the department responsible for investigating the issue, like a local health officer or other public agency. If the local police or highway patrol initiated the investigation, they get 40% of this last quarter. If any reward is paid out for tips, it's deducted from the total penalty before the money is split up.

This law states that the legal solutions offered in this chapter are additional options and do not limit or replace other legal options that may be available. It allows any party to seek further legal action based on the same situation even after a decision has been made under this chapter.

This law states that if a legal action is initiated against someone under this chapter, it cannot be stopped just because that person sells or transfers ownership of something. The only way the action can be stopped is if the director gives explicit written permission.

If you apply for a permit, registration, or certificate and then try to withdraw the application, the department can still go ahead with denying it or take action against you, unless they agree in writing to let you withdraw. Even if your permit or registration ends, gets canceled, or you try to transfer it without permission, the department can still take disciplinary actions against you.

This law makes it a misdemeanor for someone to get in the way of officials, or try to stop them, as they enforce environmental regulations. Specifically, it's illegal to block or try to block these officials from doing their jobs, which includes looking at important books and records and preserving evidence related to environmental violations.

If someone knowingly breaks certain environmental laws from before January 2012 or specific other related rules, they could face a civil fine. This fine could be up to 25% of the land's value or sale price or $50,000, whichever amount is higher.

If someone creates hazardous waste and fails to give required information to the relevant department, they can be fined up to $70,000 for each violation. If they keep violating, they can be fined for each day it continues.

The department has the power to create rules to enforce this law.