reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 1 - Business and Area Plans › Section 25515.8.

25515.8. (a) In a civil action brought pursuant to this article or Article 2 (commencing with Section 25531) in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following:
(1) Irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued.
(2) The remedy at law is inadequate.
(b) The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this article or Article 2 (commencing with Section 25531) without the allegations and without the proof specified in subdivision (a).
(Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 1 - Business and Area Plans › Section 25517.

25517. The secretary may develop materials, including guidelines and informational pamphlets, to assist businesses to fulfill their obligations under this article.
(Amended by Stats. 2021, Ch. 115, Sec. 34. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 1 - Business and Area Plans › Section 25518.

25518. This article shall be construed liberally so as to accomplish the intent of the Legislature in protecting the public health, safety, and the environment.
(Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 1 - Business and Area Plans › Section 25519.

25519. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to that end the provisions of this article are severable.
(Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25531.1.

25531.1. The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence analysis for the most likely hazards, which identifies the offsite area which may be required to take protective action in the event of an acutely hazardous materials release.
The Legislature further finds and declares that the public has a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents.
(Added by Stats. 1991, Ch. 816, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25531.2.

25531.2. (a) The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, the agency will play a vital and increased role in preventing accidental releases of extremely hazardous substances. The Legislature further finds and declares that as an element of the unified program established pursuant to Chapter 6.11 (commencing with Section 25404), a single fee system surcharge mechanism is established by Section 25404.5 to cover the costs incurred by the agency pursuant to this article. It is the intent of the Legislature that this existing authority, together with any federal assistance that may become available to implement the accidental release program, be used to fully fund the activities of the agency necessary to implement this article.
(b) The Legislature further finds and declares that the owners and operators of stationary sources producing, processing, handling, or storing hazardous materials have a general duty, in the same manner and to the same extent as is required by Section 654 of Title 29 of the United States Code, to identify hazards that may result from releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking those steps as are necessary to prevent releases, and to minimize the consequences of accidental releases that do occur.
(c) The agency shall use any federal assistance received to implement Chapter 6.11 (commencing with Section 25404) to offset any fees or charges levied to cover the costs incurred by the agency pursuant to this article.
(Amended by Stats. 2021, Ch. 115, Sec. 35. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25534.05.

25534.05. (a) The agency, in consultation with the unified program agencies, industry, the public, and other interested parties, shall adopt regulations for all of the following activities:
(1) The registration of stationary sources subject to this article.
(2) The receipt, review, revision, and audit of RMPs.
(3) The resolution of disagreements between stationary source operators and unified program agencies.
(4) Providing for the public availability of RMPs, consistent with subsection (c) of Section 114 of the federal Clean Air Act (42 U.S.C. Sec. 7414(c)).
(5) The provision of technical assistance to stationary sources subject to the accidental release prevention program.
(b) The regulations shall also require each stationary source to work closely with the unified program agency in deciding which process hazard review technique is best suited for each stationary source’s covered processes.
(c) The regulations shall provide that the process hazard analysis shall include the consideration of external events, including seismic events, if applicable.
(d) The regulations shall also require each stationary source to work closely with the unified program agency in determining for each RMP an appropriate level of detail for the document elements specified in Section 68.150(a) of Title 40 of the Code of Federal Regulations and for documentation of the external events analysis.
(e)  A unified program agency shall implement the regulations adopted pursuant to this section.
(Amended by Stats. 2021, Ch. 115, Sec. 39. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25534.06.

25534.06. (a) A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do so at a public meeting for which notice has been given in a newspaper of general circulation that is published and circulated in the affected city or county, and the city or county shall state in the ordinance the reasons for adopting, amending, or repealing the ordinance.
(b) A city or county required to provide notice pursuant to subdivision (a) may, in addition to publishing the notice in a newspaper of general circulation, submit the notice to the agency, which shall post that notice on the internet at a location established for notices that may be posted pursuant to this subdivision.
(c) A city or county required to provide notice pursuant to subdivision (a) may also submit the full text of the ordinance and a summary of any violations of the ordinance to the agency, which shall post the full text of the ordinance and the summary of any violations of the ordinance, or a link to the full text of the ordinance and the summary of any violations of the ordinance, on the agency’s internet website.
(Amended by Stats. 2021, Ch. 115, Sec. 40. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25534.1.

25534.1. Each RMP required to be prepared pursuant to this article shall give consideration to the proximity of the facility or proposed facility to populations located in schools, residential areas, general acute care hospitals, long-term health care facilities, and child day care facilities. For purposes of this section, “general acute care hospital” has the meaning provided by subdivision (a) of Section 1250, “long-term health care facility” has the meaning provided by subdivision (a) of Section 1418, and “child day care facility” has the meaning provided by Section 1596.750. “School” means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive.
(Amended by Stats. 1996, Ch. 715, Sec. 10. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25534.2.

25534.2. Any new or modified stationary source which is required to prepare an RMP pursuant to this article shall be subject to the requirements of Section 65850.2 of the Government Code.
(Repealed and added by Stats. 1996, Ch. 715, Sec. 12. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25534.5.

25534.5. The unified program agency with jurisdiction over a stationary source or facility may have access to inspect the stationary source and review all technical and other information in the stationary source’s possession that is reasonably necessary to allow the unified program agency to make a determination regarding the stationary source’s compliance with this article. Upon request of the unified program agency, the stationary source shall provide to the unified program agency information regarding the stationary source’s compliance with this article.
(Amended by Stats. 2021, Ch. 115, Sec. 41. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25535.

25535. (a) An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to the unified program agency after the RMP is certified as complete by a qualified person and the stationary source owner or operator. The unified program agency shall review the RMP and may authorize the air pollution control district or air quality management district in which the stationary source is located to conduct a technical review of the RMP. If, after review by the unified program agency and technical review, if any, by the air pollution control district or air quality management district, the unified program agency determines that the stationary source’s RMP is deficient in any way, the unified program agency shall notify the stationary source of these defects. The stationary source shall submit a corrected RMP within 60 days of the notification of defects, unless granted a one-time extension of no more than 30 days, of the notice to correct the RMP by the unified program agency. Failure to fully comply with this notice or the unified program of this section shall be deemed a violation of this article for purposes of Section 25540.
(b) Upon implementation of an RMP, the stationary source shall notify the unified program agency that the RMP has been implemented and shall summarize the steps taken in preparation and implementation of the RMP.
(c) The stationary source shall continue to carry out the program and activities specified in the RMP at the stationary source after the unified program agency has been notified pursuant to subdivision (b).
(d) The owner or operator of the stationary source shall implement all programs and activities in the RMP before operations commence, in the case of a new stationary source, or before any new activities involving regulated substances are taken, in the case of a modified stationary source.
(Amended by Stats. 2021, Ch. 115, Sec. 42. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25535.1.

25535.1. (a) Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations or if the unified program agency makes a determination pursuant to Section 25534 that an RMP is required.
(b) An owner or operator of a stationary source required to prepare an RMP pursuant to this article shall submit the RMP to the United States Environmental Protection Agency and to the unified program agency.
(c) Notwithstanding subdivision (b), if an RMP is required only because the unified program agency has determined, pursuant to Section 25534, that an RMP is required, the RMP shall be submitted only to the unified program agency.
(Amended by Stats. 2021, Ch. 115, Sec. 43. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25535.2.

25535.2. Within 15 days after the unified program agency determines that an RMP is complete, the unified program agency shall make the RMP available to the public for review and comment for a period of at least 45 days. A notice briefly describing and stating that the RMP is available for public review at a certain location shall be placed in a daily local newspaper or placed on a unified program agency’s internet website, and mailed to interested persons and organizations. The unified program agency shall review the RMP, and any comments received, following the regulations adopted pursuant to subdivision (a) of Section 25534.05.
(Amended by Stats. 2021, Ch. 115, Sec. 44. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25535.5.

25535.5. Any fee imposed on any stationary source to cover the unified program agency’s cost of implementing the accidental release prevention program pursuant to this article shall be imposed only through the single fee system established pursuant to Section 25404.5.
(Amended by Stats. 2021, Ch. 115, Sec. 45. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25536.

25536. (a) A person or a stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(b) A stationary source with one or more covered processes shall comply with this article and shall submit an RMP to the unified program agency before the date on which the regulated substance is first present in a process above the listed threshold quantity, as listed in Section 2770.5 of Title 19 of the California Code of Regulations, except as provided in Section 25534.
(Amended by Stats. 2023, Ch. 207, Sec. 14. (AB 1716) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25536.5.

25536.5. (a) A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, and which is required to prepare and submit an RMP pursuant to this article, shall continue to implement the risk management and prevention program until the business has submitted an RMP as specified in this article.
(b) A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, and which is not required to prepare an RMP pursuant to this article is required to comply only with those requirements of this chapter that apply to the business.
(c) A person or a stationary source that was not required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, but which is required to prepare and submit an RMP pursuant to this article, shall submit and implement an RMP not later than the deadlines specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter 7 of Title 40 of the Code of Federal Regulations.
(Amended by Stats. 2013, Ch. 419, Sec. 7. (SB 483) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25536.8.

25536.8. (a) Subject to subdivision (e), the definitions in subdivision (b) of Section 25536.7 shall apply for purposes of this section, except that the criterion described in subparagraph (C) of paragraph (10) of subdivision (b) of Section 25536.7 shall not be applicable.
(b) An owner or operator of a stationary source that is engaged in activities described in subdivision (c), and with one or more covered processes that require the preparation and submission of an RMP pursuant to this article, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades.
(c) This section shall apply to the following activities, when undertaken for commercial purposes:
(1) Hydrogen manufacturing.
(2) Biofuels manufacturing.
(3) Carbon dioxide (CO2) capture and sequestration in either saline or depleted oil and gas reservoirs, or oil and gas reservoirs used for CO2-enhanced oil recovery.
(4) Manufacturing of any of the following chemicals, whether as an intermediary or an end product: ammonia, chlorine, hydrogen fluoride, sulfur dioxide, or hydrogen chloride.
(d) For purposes of paragraph (2) of subdivision (b) of Section 3075 of the Labor Code, a stationary source covered by this section shall be considered in determining whether an existing apprenticeship program does not have the capacity, or has neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards.
(e) The provisions of paragraphs (5), (6), (7), and (8) of subdivision (a) of Section 25536.7 shall apply for purposes of this section.
(f) This section shall apply to contracts awarded, extended, or renewed on or after January 1, 2024.
(Added by Stats. 2023, Ch. 293, Sec. 2. (SB 740) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25536.9.

25536.9. On or before February 1, 2018, an owner or operator of a stationary source that claims that it is exempt from the requirement in paragraph (1) of subdivision (a) of Section 25536.7 pursuant to the exception in paragraph (4) of subdivision (a) of Section 25536.7 shall file with the unified program agency a complete copy of the contract described in paragraph (4) of subdivision (a) of Section 25536.7 and a second copy of that contract that has been redacted only to the extent necessary to protect sensitive information and that shall include the identity of the contractor, the scope of the work covered by the contract, the date of execution of the contract, and the term of the contract. The complete copy of the contract that is not redacted is not a public record and shall be kept confidential by the unified program agency. The redacted copy of the contract shall be a public record available for inspection from the unified program agency.
(Amended by Stats. 2021, Ch. 115, Sec. 48. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25537.

25537. (a)  (1)  The unified program agency shall inspect every stationary source required to be registered pursuant to this article at least once every three years to determine whether the stationary source is in compliance with this article.
(2)  The requirements of this section do not alter or affect the immunity provided a public entity pursuant to Section 818.6 of the Government Code.
(b) Subdivision (a) shall not be construed to affect the exemption from audit requirements established pursuant to Section 68.220(c) of Title 40 of the Code of Federal Regulations.
(Amended by Stats. 2021, Ch. 115, Sec. 49. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25537.5.

25537.5. (a) Where a stationary source has one or more covered processes, and is subject to the requirements of Article 1 (commencing with Section 25500) for the same substance, compliance with this article shall be deemed compliance with Article 1 (commencing with Section 25500) for that substance, to the extent not inconsistent with federal law and with Article 1 (commencing with Section 25500).
(b) Any stationary source that relies on subdivision (a) for compliance with the applicable requirements of Article 1 (commencing with Section 25500) shall annually submit to the unified program agency a statement that the stationary source has made no changes required to be reported pursuant to Article 1 (commencing with Section 25500), or identifying all reportable changes.
(Amended by Stats. 2021, Ch. 115, Sec. 50. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25539.

25539. The agency and each unified program agency, in implementing this article, shall, upon request, involve and cooperate with local and state government officials, emergency planning committees, and professional associations.
(Amended by Stats. 2021, Ch. 115, Sec. 52. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25540.

25540. (a) A person or stationary source that violates this article shall be civilly or administratively liable to the unified program agency in one of the following amounts, as applicable:
(1) For a violation that occurs on or before December 31, 2018, not more than two thousand dollars ($2,000) for each day in which the violation occurs, unless paragraph (3) applies.
(2) For a violation that occurs on or after January 1, 2019, not more than five thousand dollars ($5,000) for each day in which the violation occurs, unless paragraph (4) applies.
(3) For a violation committed knowingly after reasonable notice on or before December 31, 2018, not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs.
(4) For a violation committed knowingly on or after January 1, 2019, not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs.
(b) If a violation of this article results in, or significantly contributes to, an emergency, including a fire, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of any hazardous materials, in addition to the applicable amount require pursuant to subdivision (a).
(c) Subdivisions (a) and (b) shall not apply for a violation of Section 25536.6, 25536.7, or 25536.9 that occurs on or after January 1, 2019.
(d) When a unified program agency issues an enforcement order or assesses an administrative penalty, or both, for a violation of this article, the unified program agency shall utilize the administrative enforcement procedures, including the hearing procedures, specified in Sections 25404.1.1 and 25404.1.2.
(Amended by Stats. 2018, Ch. 308, Sec. 1. (AB 3138) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25540.1.

25540.1. A person or stationary source that knowingly violates this article after reasonable notice of the violation is guilty of a misdemeanor and may, upon conviction, be punished by imprisonment in a county jail not to exceed one year. If the violation results in, or significantly contributes to, an emergency, including a fire, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of any hazardous materials.
(Added by Stats. 2007, Ch. 623, Sec. 3. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25540.5.

25540.5. Any person or stationary source who violates any rule or regulation, emission limitation, permit condition, order, fee requirement, filing requirement, duty to allow or carry out inspection or monitoring activities, or duty to allow entry, established pursuant to this article and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subsections (l) and (r) of Section 112 of the Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or the regulations adopted pursuant thereto, is strictly liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs.
(Added by Stats. 1996, Ch. 715, Sec. 28. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25541.

25541. Any person or stationary source who knowingly makes any false material statement, representation or certification in any record, report, or other document filed, maintained, or used for the purpose of compliance with this article, or destroys, alters, or conceals any such record, report, or other document filed, maintained, or used for the purpose of compliance with this article, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and the imprisonment.
If the conviction is for a violation committed after a first conviction under this section, the person or stationary source shall be punished by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years or in a county jail for not more than one year, or both the fine and imprisonment.
Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the acutely hazardous materials.
(Amended by Stats. 2011, Ch. 15, Sec. 195. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25541.3.

25541.3. Any person or stationary source who knowingly violates any requirement of this article, including any fee or filing requirement, for which delegation of federal implementation and enforcement authority has been obtained pursuant to subsections (l) and (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)), or who knowingly renders inaccurate any federally required monitoring device or method, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000) for each day of violation.
(Added by Stats. 1996, Ch. 715, Sec. 30. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25541.5.

25541.5. If civil penalties are recovered pursuant to Section 25540 or 25540.5, the same offense shall not be the subject of a criminal prosecution pursuant to Section 25541 or 25541.3. When a unified program agency refers a violation to a prosecuting agency and a criminal complaint is filed, any civil action brought pursuant to this article for that offense shall be dismissed.
(Amended by Stats. 2021, Ch. 115, Sec. 53. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25542.

25542. (a) It is the intent of the Legislature that for those facilities with an RMP incorporating some, or all, of the federal or state process safety management program under the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.) and the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), where a violation may be penalized pursuant to this article and the process safety management program, penalties shall be imposed under only one program.
(b) It is the further intent of the Legislature that for any facility described in subdivision (a), the Division of Occupational Safety and Health of the Department of Industrial Relations shall, to the maximum extent feasible, coordinate with the unified program agency and other agencies in accordance with paragraph (4) of subdivision (a) of Section 25404.2.
(Amended by Stats. 2021, Ch. 115, Sec. 54. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25543.

25543. The agency shall obtain and maintain state delegation of the federal accidental release prevention program established pursuant to subsection (r) of Section 7412 of Title 42 of the United States Code. Substances that are regulated under this article only because they are regulated substances pursuant to paragraph (2) of subdivision (i) of Section 25532 and state threshold quantities shall not be a part of the state program for which delegation of federal implementation and enforcement authority is sought pursuant to this section and subdivision (a) of Section 25533.
(Amended by Stats. 2021, Ch. 115, Sec. 55. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25543.2.

25543.2. (a) A stationary source that intends to modify a facility that may result either in a significant increase in the amount of regulated substances handled by the facility or in a significantly increased risk in handling a regulated substance, as compared to the amount of substances and the amount of risk identified in the facility’s RMP relating to the covered process proposed for modification, shall do all the following, prior to operating the modified facility:
(1) Where reasonably possible, notify the unified program agency in writing of the stationary source’s intent to modify the facility at least five calendar days before implementing any modifications. As part of the notification process, the stationary source shall consult with the unified program agency when determining whether the RMP should be reviewed and revised. Where prenotification is not reasonably possible, the stationary source shall provide written notice to the unified program agency no later than 48 hours following the modification.
(2) Establish procedures to manage the proposed modification, which shall be substantially similar to the procedures specified in Section 1910.119 of Title 29 of the Code of Federal Regulations pertaining to process safety management, and notify the unified program agency that the procedures have been established.
(b) The stationary source shall revise the appropriate documents, as required pursuant to subdivision (a), expeditiously, but not later than 60 days from the date of the facility modification.
(Amended by Stats. 2021, Ch. 115, Sec. 57. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 2 - Hazardous Materials Management › Section 25543.3.

25543.3. The agency, in consultation with the Office of Environmental Health Hazard Assessment, shall periodically do all of the following:
(a) Review each regulated substance on the list established pursuant to subparagraph (B) of paragraph (2) of subdivision (i) of Section 25532 and, taking into consideration the factors specified in subdivision (g) of Section 25543.1, determine if the regulated substance should remain subject to regulation under this article or should be deleted from that list of regulated substances.
(b) Review the state threshold quantity for each regulated substance that the agency determines should remain on the list of regulated substances, and determine, taking into consideration the factors specified in subdivision (g) of Section 25543.1, if the state threshold quantity should be revised.
(c) Adopt regulations, which amend the list of regulated substances adopted pursuant to subparagraph (B) of paragraph (2) of subdivision (i) of Section 25532, and adopt state threshold quantities for regulated substances, based on the determinations of the agency under subdivisions (a) and (b).
(Amended by Stats. 2021, Ch. 115, Sec. 58. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 3 - Emergency Planning and Community Right to Know Act of 1986 Implementation › Section 25545.

25545. The Office of Emergency Services shall develop informational guidelines for facilities required to comply with Chapter 116 (commencing with Section 11001) of Title 42 of the United States Code and with this chapter, and shall assist the unified program agencies in ensuring full distribution of these guidelines to those facilities.
(Amended by Stats. 2021, Ch. 115, Sec. 59. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 4 - California Toxic Release Inventory Program Act of 2007 › Section 25546.

25546. The Legislature finds and declares all of the following:
(a) The people of California have the right to know the hazards posed by toxic releases near their homes, schools, and workplaces. They have the right to know how much pollution is being released into the water, air, and soil.
(b) Since its inception in 1986, as part of the federal Emergency Planning and Community Right-to-Know Act of 1986, (EPCRA; Chapter 116 (commencing with Section 11001) of Title 42 of the United States Code), the Toxics Release Inventory (TRI) has supplied this essential information on toxic chemical releases to the public. The goal of the TRI is to empower citizens, through information, to hold companies and local governments accountable for how toxic chemicals are managed.
(c) It is the intent of the Legislature that California citizens do not lose access to the information necessary to understand the potential threats to public health and safety and the environment that is available through the Toxics Release Inventory as it existed on January 1, 2006, including the ease of accessibility.
(Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 4 - California Toxic Release Inventory Program Act of 2007 › Section 25546.1.

25546.1. This article shall be known, and may be cited, as the “California Toxic Release Inventory Program Act of 2007.”
(Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 4 - California Toxic Release Inventory Program Act of 2007 › Section 25546.2.

25546.2. For purposes of this article, the following definitions shall apply:
(a) “Department” means the Department of Toxic Substances Control.
(b) “Facility” means a facility subject to the federal act, as provided by Section 11002 of Title 42 of the United States Code, as that section read on January 1, 2006, and that is subject to the existing federal regulations.
(c) “Existing federal regulations” mean the regulations found in Part 372 (commencing with Section 372.1) of Subchapter J of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations read on January 1, 2006, except as provided in subdivision (b) of Section 25546.3.
(d) “Federal act” means the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA; Chapter 116 (commencing with Section 11001) of Title 42 of the United States Code).
(e) “Federal regulations” mean the regulations found in Part 372 (commencing with Section 372.1) of Subchapter J of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations may be revised or amended on or after January 1, 2006.
(f) “Program” means the California Toxic Release Inventory Program established pursuant to this article.
(g) “Toxic chemical” means a substance listed pursuant to Subpart D (commencing with Section 372.65) of Part 372 of Subchapter J of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations read on January 1, 2006, and not as those regulations may be subsequently amended, revised, or repealed after that date, except as provided in subdivision (b) of Section 25546.3.
(h) “Toxic chemical release form” means the form required to be completed by the owner or operator of a facility pursuant to Section 11023 of Title 42 of the United States Code, as that section read on January 1, 2006.
(i) “Threshold quantity” means the amount of a toxic chemical specified in Sections 372.25, 372.27, and 372.28 of Title 40 of the Code of Federal Regulations as those regulations read on January 1, 2006, and not as those regulations may be subsequently amended, revised, or repealed after that date, except as provided in subdivision (b) of Section 25546.3.
(Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 4 - California Toxic Release Inventory Program Act of 2007 › Section 25546.3.

25546.3. (a)  On or before January 1, 2009, the department shall develop and implement the California Toxic Release Inventory Program pursuant to this article.
(b) Notwithstanding any other provision of this article, the department shall, when implementing the program, comply with the requirements of the federal act with regard to ensuring that any requirement imposed pursuant to this article is no less stringent than, or is not otherwise preempted by, any requirement imposed pursuant to the federal act, including any changes to the existing federal regulations that decrease the threshold quantity or include additional toxic chemicals subject to the federal act.
(c) If there is a legal challenge to changes made to Section 312 of the federal act (42 U.S.C. Sec. 11022) or the federal regulations adopted pursuant to that section, that result in the changes being stayed or enjoined by a federal court, the department shall not require a facility to submit a toxic chemical release form pursuant to Section 25546.4 until the department determines that the court action has been settled or adjudicated.
(Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 4 - California Toxic Release Inventory Program Act of 2007 › Section 25546.4.

25546.4. (a) The program established pursuant to this article shall require a facility to submit a toxic chemical release form to the department, in accordance with the existing federal regulations, if the facility is not required by the federal regulations to submit a toxic chemical release form containing that same information.
(b) The program adopted pursuant to subdivision (a) shall require that the information be reported retroactively to the effective date of the change in the federal act or the existing federal regulations as to ensure no gap in data collection.
(c)  The department shall evaluate California-specific reporting requirements and determine if this information can substitute, in whole or in part, for the information that would be required under the program. This review shall include, but not be limited to, reporting required pursuant to the Air Toxic “Hot Spot” Information and Assessment Act (Part 6 (commencing with Section 44300) of Division 26), the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with Section 25244.12) of Chapter 6.5), and reporting required by the regional water quality control boards pursuant to the National Pollution Discharge Elimination System permits and waste discharge requirements.
(d) The department shall require the facility to utilize the same reporting forms in use, pursuant to the existing federal regulations, unless the department determines that an alternative form is necessary to substitute chemical release data reported under existing California-specific programs, to ensure that the information is consolidated. The department shall also prescribe the manner in which the information in the forms shall be transmitted.
(e) The department shall post a copy of each form received from each facility that is subject to the program on the department’s publicly available Internet Web site.
(Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.95 - Hazardous Materials Release Response Plans and Inventory › ARTICLE 4 - California Toxic Release Inventory Program Act of 2007 › Section 25546.5.

25546.5. (a) The department may adopt regulations to implement the program as emergency regulations. The emergency regulations adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is hereby deemed an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
(Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)