reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 25194.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8 - Enforcement|Section 25194.5.

25194.5.  (a)  The withdrawal of an application for a permit, registration, or certificate, after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the permit, registration, or certificate upon any ground provided by law or to enter an order denying the permit, registration, or certificate upon any ground, and a withdrawal shall not affect the authority of the department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, to institute or continue a proceeding against the applicant pertaining to any violation of this chapter or any rule, regulation, standard, or requirement issued or promulgated pursuant to this chapter. (b)  The suspension, expiration, or forfeiture by operation of law of a permit, registration, or certificate issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court, or its surrender or attempted or actual transfer without the written consent of the department shall not affect the authority of the department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, to institute or continue a disciplinary proceeding against the holder of a permit, registration, or certificate upon any ground, or the authority of the department to enter an order suspending or revoking the permit, registration, or certificate, or otherwise taking an action against the holder of a permit, registration, or certificate on any ground. (Amended by Stats. 1995, Ch. 639, Sec. 35. Effective January 1, 1996.)
CA Health & Safety Code § 25195 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8 - Enforcement|Section 25195.

25195.  It is a misdemeanor for any person to do any of the following:(a)  Willfully prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, in the lawful enforcement of any provision of this chapter. (b)  Willfully prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of his or her official duties under this chapter. (c)  Willfully prevent or interfere with any such representative in the preserving of evidence of any violation of any of the provisions of this chapter or of the rules and regulations promulgated pursuant to this chapter. (Amended by Stats. 1995, Ch. 639, Sec. 36. Effective January 1, 1996.)
CA Health & Safety Code § 25196 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8 - Enforcement|Section 25196.

25196.  A person who knowingly violates a provision of subdivision (a) of former Section 25221 as that section read on January 1, 2012, and who violated that provision prior to the effective date of Chapter 39 of the Statutes of 2012, or who knowingly violates Section 25227, shall be subject to a civil penalty not to exceed 25 percent of the fair market value of the land and improvements, 25 percent of the sale price of the land and improvements, or fifty thousand dollars ($50,000), whichever has been established and is greatest.(Amended by Stats. 2014, Ch. 544, Sec. 4. (SB 1458) Effective January 1, 2015.)
CA Health & Safety Code § 25197 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force|Section 25197.

25197.  (a)  The Legislature hereby finds and declares as follows: (1)  The United States Environmental Protection Agency has estimated that 90 percent of the 9 to 10 million metric tons of hazardous waste produced in California each year is improperly disposed. (2)  Approximately 50 percent of California’s drinking water comes from underground water supplies which are highly susceptible to contamination from hazardous waste. (3)  Prosecution for violators of hazardous waste laws requires a specialized team of investigators and attorneys to detect, investigate, and prosecute these violators. (b)  It is, therefore, the intent of the Legislature in enacting this article to increase the effectiveness of local and state hazardous waste enforcement activities. (Amended by Stats. 1987, Ch. 984, Sec. 1.)
CA Health & Safety Code § 25197.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force|Section 25197.1.

25197.1.  (a)  The director shall establish a Hazardous Waste Enforcement Unit within the department and shall appoint an enforcement coordinator to administer that unit and carry out the duties specified in subdivision (b). (b)  The enforcement coordinator shall do all of the following: (1)  Require that information which the department receives concerning a violation of this chapter or any regulation or order issued pursuant to this chapter is routinely and expeditiously transmitted from the department to the appropriate city attorney or district attorney, and to the Attorney General. (2)  Make recommendations of persons to be awarded payment pursuant to Section 25191.7. (3)  Make annual recommendations to the Governor and the Legislature of statutory changes to increase the capability of city attorneys, district attorneys, and the Attorney General to prosecute violations of this chapter and any other law or regulation relating to hazardous waste, including needed training, assistance, and coordination programs. (4)  Report to the Governor and the Legislature, in the biennial report specified in Section 25178, on the actions taken by the enforcement coordinator and the Hazardous Waste Strike Force to carry out this article and the results obtained from those actions in increasing the effectiveness of local and state hazardous waste enforcement activities. (5)  Establish and maintain a toll-free telephone number, operating during the regular working hours of the department, which is available to the public to report information concerning violations of this chapter and any other hazardous waste statutes and regulations. The department shall screen calls for violations and shall refer information concerning potential violations within three working days to the regional office of the department, the office of the city attorney, the district attorney, or the Attorney General, as appropriate. (6)  Establish a program to publicize the toll-free telephone number. (c)  Nothing in this article limits the authority of a city attorney, a district attorney, or the Attorney General to investigate or prosecute violations of hazardous waste laws or regulations. (d)  Nothing in this article limits the authority of the department or any agency specified in subdivision (a) of Section 25197.2 to request that a civil or criminal action be brought by a city attorney, a district attorney, or the Attorney General under any other law or regulation. (Amended by Stats. 1992, Ch. 321, Sec. 3. Effective January 1, 1993.)
CA Health & Safety Code § 25197.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force|Section 25197.2.

25197.2.  (a) The department shall establish a statewide Hazardous Waste Strike Force which shall consist of a representative from each of the following agencies:(1) The Department of Transportation.(2) The Department of Industrial Relations.(3) The Department of Food and Agriculture.(4) The State Water Resources Control Board.(5) The State Air Resources Board.(6) The Department of the California Highway Patrol.(7) The Office of the State Fire Marshal in the Department of Forestry and Fire Protection.(8) The California Integrated Waste Management Board.(9) The Department of Fish and Game.(10) The Office of Emergency Services.(11) The Department of Toxic Substances Control.(12) The Attorney General.(13) The Department of Pesticide Regulation.(b) The director, or the director’s designee, shall direct and coordinate the activities of the Hazardous Waste Strike Force.(c) The Hazardous Waste Strike Force shall do all of the following:(1) Recommend standardized programs among the agencies represented on the Hazardous Waste Strike Force for the purposes of uniformly enforcing state hazardous waste statutes and regulations and reporting violators of these statutes and regulations.(2) Recommend programs to publicize and improve the statewide telephone number established pursuant to paragraph (5) of subdivision (b) of Section 25197.1.(3) Recommend local and regional programs to report information concerning violations of this chapter and any other hazardous waste statutes and regulations.(Amended by Stats. 2013, Ch. 352, Sec. 348. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
CA Health & Safety Code § 25197.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force|Section 25197.3.

25197.3.  This article shall be funded from the department’s existing resources.(Amended by Stats. 1987, Ch. 984, Sec. 4.)
CA Health & Safety Code § 25198.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country|Section 25198.1.

25198.1.  As used in this article, unless the context clearly indicates otherwise, the following definitions apply:(a)  “Indian country” has the same meaning as set forth in Section 1151 of Title 18 of the United States Code. (b)  “Tribe” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. (c)  “Hazardous waste” has the same meaning as set forth in Sections 25117 and 25117.9. (d)  “Hazardous waste facility” has the same meaning as set forth in Section 25117.1. (e)  “Operator” means a person who operates a hazardous waste facility. (f)  “Owner” means a person who owns a hazardous waste facility. (g)  “Secretary” means the Secretary for Environmental Protection. (h)  “State” means the State of California and any agency or instrumentality thereof. (i)  “Siting” means the physical suitability of a location proposed for a hazardous waste facility. (Added by Stats. 1991, Ch. 805, Sec. 3.)
CA Health & Safety Code § 25198.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country|Section 25198.2.

25198.2.  (a)  Upon receipt of a written request from any tribe considering a proposal to construct each hazardous waste facility in that tribe’s Indian country within this state, the secretary shall convene negotiations for purposes of reaching a cooperative agreement pursuant to this article, which will define the respective rights, duties, and obligations of the state and the tribe concerning the approval, development, and operation of the facility. In convening the negotiations, the secretary shall consult with the Department of Toxic Substances Control, the State Water Resources Control Board, the appropriate California regional water quality control board, the State Air Resources Board, and the appropriate air pollution control district or air quality management district. (b)  This article does not apply to any facility located on Indian country within the state if it meets all of the following requirements: (1)  The facility is owned and operated solely by a tribe. (2)  All hazardous waste accepted by the facility is generated by that particular tribe. (3)  The United States Environmental Protection Agency has approved the facility. (Added by Stats. 1991, Ch. 805, Sec. 3.)
CA Health & Safety Code § 25198.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country|Section 25198.5.

25198.5.  (a)  Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 25198.3 to review any draft tribal permit and any applicable federal permit to determine whether it contains all conditions sufficient to do all of the following: (1)  Meet the functionally equivalent standards provided in the cooperative agreement, as required by subdivision (e) of Section 25198.3. (2)  Provide not less than the level of protection for public health, safety, and the environment that would have been the case if that state agency had issued the permit. (3)  Implement all feasible mitigation measures. For purposes of this paragraph, “feasible” has the same meaning as in Sections 21001, 21002.1, and 21004 of the Public Resources Code, and any regulations adopted pursuant to those sections. (b)  Each cooperative agreement shall provide that the tribal or federal permits issued for the hazardous waste facility meet the requirements of this section. (c)  The failure of a party to a cooperative agreement to meet the requirements of this section shall be determined to be an actionable breach of the cooperative agreement. (d)  The election by a party to a cooperative agreement to pursue a contractual remedy shall not limit the ability of a party to assert its respective claims of jurisdiction or sovereign immunity. (e)  Entering into a cooperative agreement shall not be a basis for denying any remedy to which a party is otherwise entitled. (f)  Within 10 days of issuance of a final federal permit or tribal permit, a copy of that permit shall be provided to the California Environmental Protection Agency and the tribe having jurisdiction over the facility. (Amended by Stats. 1992, Ch. 427, Sec. 102. Effective January 1, 1993.)
CA Health & Safety Code § 25198.7 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country|Section 25198.7.

25198.7.  (a)  The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the terms of the cooperative agreement as a contract, and shall not limit the availability to either party of any remedy at law or in equity otherwise available under California law. (b)  The cooperative agreement shall require that the tribe waive its sovereign immunity from any action brought by the state in any court otherwise having jurisdiction over the subject matter, and that the state shall waive its sovereign immunity from any action brought by the tribe, in any court otherwise having jurisdiction over the subject matter, to enforce the terms of the cooperative agreement. (Added by Stats. 1991, Ch. 805, Sec. 3.)
CA Health & Safety Code § 25198.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country|Section 25198.8.

25198.8.  A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state.(Added by Stats. 1991, Ch. 805, Sec. 3.)
CA Health & Safety Code § 25198.9 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country|Section 25198.9.

25198.9.  Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 25198.3, or against the secretary, who is alleged to have approved or certified the sufficiency of any cooperative agreement or permit in violation of this article. No action may be commenced under this section more than 60 days after the agency or secretary has approved or certified the sufficiency of any cooperative agreement or permit under this article.(Added by Stats. 1991, Ch. 805, Sec. 3.)
CA Health & Safety Code § 25199 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.7 - Procedures for the Approval of New Facilities|Section 25199.

25199.  (a)  The Legislature finds and declares as follows: (1)  Existing laws require numerous permits before a hazardous waste facility can be constructed and operated. The permits are issued by governmental agencies, at both the state and local levels under land use planning, zoning, hazardous waste, air quality, water quality, and solid waste management laws. (2)  The approval of hazardous waste facilities is not currently a coordinated process. The failure to coordinate the issuance of multiple permits, licenses, land use approvals, and other types of authorizations causes lengthy and costly delays. The end result of the process cannot be predicted, with any degree of certainty, by either the proponent of a project to site and construct a facility or by the concerned public. (3)  Present procedures for approving hazardous waste facilities do not provide meaningful opportunities for public involvement and are not suitably structured to allow the public to make its concerns known and to cause these concerns to be taken into consideration. (4)  A formal administrative process for reviewing local discretionary land use decisions on applications to site and construct a hazardous waste facility has not been established and made available to interested persons who wish to appeal these decisions. (b)  The Legislature, therefore, declares that there is a critical need to clarify the requirements that must be met, and the basic procedures that must be followed, in connection with the approval of hazardous waste facilities. (c)  It is the intent of the Legislature, in enacting this article, to establish the means to expedite the approval of needed hazardous waste facilities; to ensure that new hazardous waste facilities are not sited unless the facility operator provides financial assurance that the operator can respond adequately to damage claims arising out of the operation of the facility; to ensure that the facilities comply with applicable laws and regulations; to clarify the procedures to be followed in approving a facility; to establish specific means to give the concerned public a voice in decisions relating to the siting and issuance of permits for hazardous waste facilities; and to establish a process for appealing local decisions on applications for land use approval for hazardous waste facilities. (Added by Stats. 1986, Ch. 1504, Sec. 8.)
CA Health & Safety Code § 25199.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.7 - Procedures for the Approval of New Facilities|Section 25199.2.

25199.2.  Except as otherwise provided in this article, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code applies to all public agencies which make a land use decision or issue a permit for a hazardous waste facility project, as specified in Section 65963.1 of the Government Code. The public agency shall perform the duties and carry out the actions required by Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code in connection with applications submitted to the public agency for a hazardous waste facility project, unless otherwise specified in this article.(Added by Stats. 1986, Ch. 1504, Sec. 8.)
CA Health & Safety Code § 25199.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.7 - Procedures for the Approval of New Facilities|Section 25199.3.

25199.3.  (a)  Notwithstanding any other provision of law, an applicant for a hazardous waste facility project may submit applications for a land use decision and for one or more permits to the appropriate public agencies simultaneously. Unless a state agency is prohibited by statute from approving a permit before the granting of a local land use decision, the state agency shall not refuse to issue a permit for a hazardous waste facility project on the grounds that the applicant has not been granted a land use permit, except that the state agency may provide that the permit shall not become effective until the applicant is granted a local land use permit. (b)  Any public agency may request another public agency to jointly review applications for a permit or land use decision for a hazardous waste facility project. A public agency may consolidate, with other public agencies, public meetings and hearings permitted or required by law or regulation for the issuance of a permit or the making of a land use decision for a hazardous waste facility project. (c)  The department shall coordinate the technical review of applications for permits for hazardous waste facility projects that are received by state agencies. (d)  Upon the request of a local agency, the department, and any other state agency that is authorized to issue a permit for a hazardous waste facility project, shall provide technical assistance to a local agency that is reviewing an application for a land use decision for the project. (Added by Stats. 1986, Ch. 1504, Sec. 8.)
CA Health & Safety Code § 25199.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.5 - Hazardous Waste Control|ARTICLE 8.7 - Procedures for the Approval of New Facilities|Section 25199.5.

25199.5.  (a)  At the request of an applicant, the legislative body of a local agency shall, within 60 calendar days after the local agency has determined that an application for a land use decision for a hazardous waste facility project is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both of the following: (1)  The applicable local general plan and zoning ordinances in effect at the time the application was received. (2)  The county hazardous waste management plan authorized by Article 3.5 (commencing with Section 25135), if the plan is in effect at the time of the application. (b)  The local agency shall send a copy of the written determination made pursuant to subdivision (a) to the applicant. (c)  The determination required by subdivision (a) does not prohibit a local agency from making a different determination when the final land use decision is made, if the final determination is based on information which was not considered at the time the initial determination was made. (Added by Stats. 1986, Ch. 1504, Sec. 8.)