reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.11 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Section 25404.6.

25404.6. (a) The secretary may immediately implement those aspects of the unified program which do not require statutory changes. If the secretary determines that statutory changes are needed to fully implement the program, the secretary shall recommend those changes to the Legislature on or before March 1, 1995, so that the changes, if approved by the Legislature, can be implemented as part of the program by January 1, 1996.
(b) The secretary shall work in close consultation with the Environmental Protection Agency, and shall implement this chapter only to the extent that doing so will not result in this state losing its authorization or delegation to implement the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.), the Federal Water Pollution Control Act, (33 U.S.C. Sec. 1251 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001 et seq.), and any other applicable federal laws.
(c) The secretary shall adopt regulations necessary for the orderly administration and implementation of the unified program. The regulations shall include, but are not limited to, performance standards to guide the secretary in evaluating unified program agencies including evaluation of fee accountability and enforcement activities. The secretary shall adopt those regulations as emergency regulations 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 the regulations is 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.
(Amended by Stats. 2000, Ch. 144, Sec. 10. Effective July 19, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.11 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Section 25404.8.

25404.8. (a) In a county for which a CUPA has not been certified on or before January 1, 2000, and where the unified program is implemented pursuant to paragraph (2) of subdivision (f) of Section 25404.3, the CUPA is eligible for an allocation pursuant to subdivision (d). The CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program.
(b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3.
(c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d).
(d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county:
(A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.
(B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.
(C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program.
(2) The secretary shall not allocate more than sixty thousand dollars ($60,000) for all CUPAs in an eligible county.
(e) This section shall become operative July 1, 2001.
(Amended by Stats. 2001, Ch. 663, Sec. 2. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.11 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Section 25404.9.

25404.9. (a) The State Certified Unified Program Agency Account (SCUPA Account) is hereby established in the General Fund and shall be administered by the department. In addition to any other money that may be appropriated by the Legislature to the SCUPA Account, all of the following funds shall be deposited in the SCUPA Account:
(1) The fees collected pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 25404.5.
(2) All reimbursements received for costs of enforcement actions taken by the department acting as a CUPA pursuant to this chapter.
(3) Funds received for the counties in which the department acts as a CUPA from the Rural CUPA Reimbursement Account established pursuant to subdivision (c) of Section 25404.8.
(4) Civil and criminal penalties collected pursuant to paragraph (3) of subdivision (a) of Section 25192, as appropriate.
(5) Administrative penalties collected pursuant to subdivision (i) of Section 25404.1.1, as appropriate.
(6) All interest earned upon money deposited in the SCUPA Account.
(b) The funds deposited in the SCUPA Account may be expended by the department, upon appropriation by the Legislature, for the department’s costs of implementing the unified program in those counties for which the secretary has designated the department as a CUPA pursuant to paragraph (2) of subdivision (f) of Section 25404.3.
(Added by Stats. 2005, Ch. 81, Sec. 3. Effective July 19, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.91 - Hazardous Materials Data › Section 25410.

25410. The Legislature finds and declares the following:
(a)  Hazardous materials, including hazardous substances and hazardous wastes, are present in the state and pose acute and chronic health risks to individuals who live and work in this state, and who are exposed to these substances as a result of fires, spills, industrial accidents, or other types of releases or emissions.
(b)  The people who live and work in this state have a right and a need to know of the use and dangers of hazardous materials in their communities in order to plan for, and respond to, potential exposure to these materials.
(c)  Basic information on the location, type, characteristics, and health risks of hazardous materials used, stored, or disposed of in the state is not currently available to firefighters, health officials, planners, elected officials, and residents. There are gaps in the information collected and the data is stored in various formats, thereby limiting its effective use to protect the public health and safety.
(d)  Existing state data base computer systems are not capable of effectively exchanging hazardous material information nor are they accessible to state and local agencies which have a need for the information.
(Added by Stats. 1985, Ch. 1559, Sec. 1. Effective October 2, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.91 - Hazardous Materials Data › Section 25411.

25411. As used in this chapter:
(a)  “Handle” means to use, generate, process, produce, package, treat, store, or dispose of a hazardous material in any fashion.
(b)  “Hazardous material” means any of the following materials:
(1)  A material listed in subdivision (b) of Section 6382 of the Labor Code.
(2)  A material defined in Section 25115, 25117, or subdivision (a) of Section 78075.
(3)  Any other material which the director determines, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the community.
(c)  “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.
(Amended by Stats. 2022, Ch. 258, Sec. 96. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.91 - Hazardous Materials Data › Section 25417.

25417. The department shall publish the consumer information booklet described in Section 10084.1 of the Business and Professions Code and distribute the booklet to the public, upon request. The department may charge a fee for the booklet to defray the publication, mailing, distribution, and administrative costs necessary to implement this section and its ongoing administrative costs resulting from inquiries by the public about the contents of the booklet.
(Added by Stats. 1989, Ch. 969, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.91 - Hazardous Materials Data › Section 25417.1.

25417.1. The department shall publish a new edition of the consumer information booklet described in Section 10084.1 of the Business and Professions Code. The booklet shall, among other things, be in substantial compliance with the federal disclosure requirements regarding the safe management of lead and radon gas in housing, and shall be made available to the public on or before the date on which the Secretary of Housing and Urban Development submits to Congress the report required pursuant to subpart (B) of subdivision (d) of Section 4822 of Title 42 of the United States Code.
(Added by Stats. 1994, Ch. 264, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.92 - Landfill Gas › Section 25420.

25420. For purposes of this chapter, the following definitions apply:
(a) “Biogas” means gas that is produced from the anaerobic decomposition of organic material.
(b) “Biomethane” means biogas that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 for injection into a common carrier pipeline.
(c) “Board” means the State Air Resources Board.
(d) “CalRecycle” means the Department of Resources Recycling and Recovery.
(e) “Commission” means the Public Utilities Commission.
(f) “Common carrier pipeline” means a gas conveyance pipeline, located in California, that is owned or operated by a utility or gas corporation, excluding a dedicated pipeline.
(g) “Dedicated pipeline” means a conveyance of biogas or biomethane that is not part of a common carrier pipeline system, and which conveys biogas from a biogas producer to a conditioning facility or an electrical generation facility.
(h) “Department” means the Department of Toxic Substances Control.
(i) “Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate regulation by the commission.
(j) “Hazardous waste landfill” means a landfill that is a hazardous waste facility, as defined in Section 25117.1.
(k) “Office” means the Office of Environmental Health Hazard Assessment.
(l) “Person” means an individual, trust, firm, joint stock company, partnership, association, business concern, limited liability company, or corporation. “Person” also includes any city, county, district, and the state or any department or agency thereof, or the federal government or any department or agency thereof to the extent permitted by law.
(Amended by Stats. 2012, Ch. 602, Sec. 1. (AB 1900) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.92 - Landfill Gas › Section 25422.

25422. (a)  Any person violating, or threatening to violate, Section 25421 may be enjoined in any court of competent jurisdiction.
(b)  Any person who has violated Section 25421 shall be liable for a penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation. The civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. The actions may be brought by the Attorney General in the name of the people of the State of California or by any district attorney or by any city attorney of a city having a population in excess of 750,000 or with the consent of the district attorney by a city prosecutor. The penalties may also be assessed administratively pursuant to Section 25187.
(Amended by Stats. 1992, Ch. 1344, Sec. 18. Effective January 1, 1993.)
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 25500.

25500. (a) The Legislature declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans relating to the handling and release or threatened release of hazardous materials. The establishment of a statewide environmental reporting system for these plans is a statewide requirement. Basic information on the location, type, quantity, and health risks of hazardous materials handled, used, stored, or disposed of in the state, which could be accidentally released into the environment, is required to be submitted to firefighters, health officials, planners, public safety officers, health care providers, regulatory agencies, and other interested persons. The information provided by business and area plans is necessary in order to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of hazardous materials into the workplace and environment.
(b) The Legislature further finds and declares that this article and Article 2 (commencing with Section 25531) do not occupy the whole area of regulating the inventorying of hazardous materials and the preparation of hazardous materials response plans by businesses, and the Legislature does not intend to preempt any local actions, ordinances, or regulations that impose additional or more stringent requirements on suppliers of hazardous materials or businesses that handle hazardous materials. Thus, in enacting this article and Article 2 (commencing with Section 25531), it is not the intent of the Legislature to preempt or otherwise nullify any other statute or local ordinance containing the same or greater standards and protections.
(Amended by Stats. 2022, Ch. 278, Sec. 1. (AB 2059) Effective January 1, 2023.)
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 25502.

25502. (a) (1) Notwithstanding any other law, this article and Article 3 (commencing with Section 25545), as it pertains to the handling of hazardous material, and Article 2 (commencing with Section 25531), as it pertains to the regulation of stationary sources, may be implemented by a duly authorized designee of the secretary and shall be implemented by either of the following:
(A) If there is a CUPA, the unified program agency.
(B) If there is no CUPA, the agency authorized pursuant to subdivision (f) of Section 25404.3.
(2) To carry out the purposes of this chapter, any duly authorized designee of the secretary shall have all of the same authorities as those provided to a unified program agency in a unified program agency’s implementation of this article and Article 2 (commencing with Section 25531).
(b) The agency identified in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) responsible for implementing this article, Article 2 (commencing with Section 25531), and Article 3 (commencing with Section 25545) shall ensure full access to, and the availability of, information submitted under this chapter to emergency response personnel and other appropriate governmental entities within its jurisdiction.
(Amended by Stats. 2023, Ch. 51, Sec. 12. (SB 122) Effective July 10, 2023.)
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 25505.1.

25505.1. A business that is required to establish and implement a business plan pursuant to Section 25507 and is located on leased or rented real property shall notify, in writing, the owner of the property that the business is subject to Section 25507 and has complied with its provisions, and shall provide a copy of the business plan to the owner or the owner’s agent within five working days after receiving a request for a copy from the owner or the owner’s agent.
(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 25506.

25506. (a) The secretary, in coordination with the Office of Emergency Services, shall specify the hazardous materials inventory that shall be submitted by handlers and the data to be collected and submitted for hazardous materials in quantities equal to or greater than the quantities specified in Section 25507 or as otherwise established by the governing body of the unified program agency by a local ordinance.
(b) If required by the fire code official, the business shall also file the addendum required by paragraph (4) of subdivision (e) of Section 25504.
(c)  Except as provided in subdivision (d), the inventory information required by this section shall also include all inventory information required by Section 11022 of Title 42 of the United States Code.
(d) If, pursuant to federal law or regulation, as it currently exists or as it may be amended, the secretary determines that the inventory information required by subdivisions (a) and (c) is substantially equivalent to the inventory information required under the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001 et seq.), the requirements of subdivisions (a) and (c) shall not apply.
(e) This section shall not apply to hazardous materials that are described in subdivision (b) of Section 25507.
(Amended by Stats. 2021, Ch. 115, Sec. 28. (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 25507.1.

25507.1. (a) A unified program agency shall exempt a business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity from filing the information in the business plan required by paragraphs (3) and (4) of subdivision (a) of Section 25505 if all of the following requirements are met:
(1) The agricultural handler annually submits the facility information and inventory required by Section 25506 to the statewide information management system.
(2) Each building in which hazardous materials subject to this article are stored is posted with signs, in accordance with regulations that the secretary shall adopt, that provide notice of the storage of any of the following:
(A) Pesticides.
(B) Petroleum fuels and oil.
(C) Types of fertilizers.
(3) The agricultural handler provides the training programs specified in paragraph (4) of subdivision (a) of Section 25505.
(b) The unified program agency may designate the county agricultural commissioner to conduct the inspections of agricultural handlers. The agricultural commissioner shall schedule and conduct inspections in accordance with Section 25511.
(Amended by Stats. 2021, Ch. 115, Sec. 30. (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 25507.2.

25507.2. Except as specified in this section, unless required by a local ordinance, the unified program agency shall exempt a business from application of Sections 25506, 25507, 25508.2, and 25511 to an unstaffed facility located at least one-half mile from the nearest occupied structure if the facility is not otherwise subject to the requirements of applicable federal law, and all of the following requirements are met:
(a) The types and quantities of materials onsite are limited to one or more of the following:
(1) One thousand standard cubic feet of compressed inert gases (asphyxiation and pressure hazards only).
(2) Five hundred gallons of combustible liquid used as a fuel source.
(3) Corrosive liquids, not to exceed 500 pounds of extremely hazardous substances, used as electrolytes, and in closed containers.
(4) Five hundred gallons of lubricating and hydraulic fluids.
(5) One thousand two hundred gallons of hydrocarbon gas used as a fuel source.
(6) Any quantity of mineral oil contained within electrical equipment, such as transformers, bushings, electrical switches, and voltage regulators, if the spill prevention control and countermeasure plan has been prepared for quantities that meet or exceed 1,320 gallons.
(b) The facility is secured and not accessible to the public.
(c) Warning signs are posted and maintained for hazardous materials pursuant to the California Fire Code.
(d) (1) Notwithstanding Sections 25505 and 25507, a one-time business plan, except for the emergency response plan and training elements specified in paragraphs (3) and (4) of subdivision (a) of Section 25505, is submitted to the statewide information management system. This one-time business plan submittal is subject to a verification inspection by the unified program agency and the unified program agency may assess a fee not to exceed the actual costs of processing and for inspection, if an inspection is conducted.
(2) If the information contained in the one-time submittal of the business plan changes and the time period of the change is longer than 30 days, the business plan shall be resubmitted within 30 days to the statewide information management system to reflect any change in the business plan. A fee not to exceed the actual costs of processing and inspection, if conducted, may be assessed by the unified program agency.
(Amended by Stats. 2015, Ch. 452, Sec. 13. (SB 612) Effective January 1, 2016.)
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 25507.5.

25507.5. (a) A supplier of hazardous materials that are listed by the United States Department of Transportation and that are classified in two or more federal hazard categories in the California Environmental Reporting System, not including the “Hazard Not Otherwise Classified” category, shall maintain records for the sale or provision of those hazardous materials to a business in the state in quantities equal to, or greater than, within any 30-day period, 165 gallons of a liquid, 600 cubic feet of a gas at standard temperature and pressure, or 1,500 pounds of a solid. A record shall be maintained by the supplier for a minimum of one year and shall be made available to a unified program agency within five days of a request.
(b) Records required to be maintained pursuant to subdivision (a) shall contain all of the following information about each hazardous material and the business that is purchasing or being provided with the hazardous materials:
(1) Common name of the hazardous material.
(2) United Nations number (UN number) of the hazardous material.
(3) Quantity of the hazardous material.
(4) Name of business.
(5) Business address.
(6) Destination address of where the hazardous material will be handled.
(7) Date of purchase or provision.
(8) Name of the individual conducting the transaction on behalf of the business.
(Added by Stats. 2022, Ch. 278, Sec. 4. (AB 2059) Effective January 1, 2023.)
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 25508.1.

25508.1. Within 30 days of any one of the following events, a business subject to this article shall electronically update the information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously disclosed material.
(b) Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this article.
(c) Change of business or facility address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler’s operations occurs that requires modification to any portion of the business plan.
(2) For the purpose of this subdivision, “substantial change” means any change in a facility that would inhibit immediate response during an emergency by either site personnel or emergency response personnel, or that could inhibit the handler’s ability to comply with Section 25507, change the operational knowledge of the facility, or impede implementation of the business plan.
(Amended by Stats. 2015, Ch. 452, Sec. 14. (SB 612) Effective January 1, 2016.)
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 25508.2.

25508.2. On or before the due date established pursuant to paragraph (2) of subdivision (a) of Section 25508, the business owner, business operator, or officially designated representative of the business shall annually review and certify that the information in the statewide information management system is complete, accurate, and in compliance with Section 11022 of Title 42 of the United States Code. An electronic submittal to the statewide information management system that meets the requirements of paragraph (1) of subdivision (a) of Section 25508 satisfies the certification requirement of this section.
(Amended by Stats. 2019, Ch. 66, Sec. 2. (AB 1429) Effective January 1, 2020.)
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 25508.3.

25508.3. Except for a household hazardous waste collection facility, as defined in Section 25218.1, a handler subject to the requirements of this chapter, if directed by a unified program agency during an investigation or inspection, including a complaint inspection, shall notify the unified program agency if hazardous materials in quantities equal to, or greater than, 165 gallons of a liquid, 600 cubic feet of a gas at standard temperature and pressure, or 1,500 pounds of a solid, are to be removed from the storage or handling location and transferred to another location. The handler shall disclose all of the following information as directed by the unified program agency:
(a) Common name of the hazardous material.
(b) United Nations number (UN number) of the hazardous material.
(c) Quantity of hazardous material.
(d) Expected date of transfer.
(e) Actual date of transfer.
(f) Destination address.
(g) Method of shipping.
(h) Shipping documentation.
(Added by Stats. 2022, Ch. 278, Sec. 5. (AB 2059) Effective January 1, 2023.)
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 25509.

25509. (a) The unified program agency shall maintain its administrative procedures with regard to maintaining records and responding to requests for information in accordance with Subdivision 4 (commencing with Section 15100) of Division 1 of, and Division 3 of, Title 27 of the California Code of Regulations, as those regulations read on January 1, 2014.
(b) The unified program agency shall make the information in the statewide information management system submitted pursuant to this article available for public inspection during the regular working hours of the unified program agency, except the information specifying the precise location where hazardous materials are stored and handled onsite, including any maps required by paragraph (2) of subdivision (a) of Section 25505.
(c) The unified program agency shall make the information in the statewide information management system submitted pursuant to this article available to a requesting government agency that is authorized by law to access the information.
(d) A person who submits inventory information required under Section 25506 with the unified program agency shall be deemed to have filed the inventory form required by Section 11022(a) of Title 42 of the United States Code with the state emergency response commission and local emergency planning committees established pursuant to Section 11001 of Title 42 of the United States Code.
(Amended by Stats. 2014, Ch. 715, Sec. 15. (SB 1261) Effective January 1, 2015.)
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 25510.1.

25510.1. (a) A business required to submit a followup emergency notice pursuant to Section 11004(c) of Title 42 of the United States Code shall submit the notice on a form approved by the Office of Emergency Services.
(b) The Office of Emergency Services may adopt guidelines for the use of the forms required by subdivision (a).
(Amended by Stats. 2021, Ch. 115, Sec. 32. (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 25510.2.

25510.2. In order to carry out the purposes of this chapter, a unified program agency may train for, and respond to, the release, or threatened release, of a hazardous material.
(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 25510.3.

25510.3. The emergency response personnel, responding to the reported release or threatened release of a hazardous material, or of a regulated substance, as defined in Section 25532, or to any fire or explosion involving a material or substance that involves a release that would be required to be reported pursuant to Section 25510, shall immediately advise the superintendent of the school district having jurisdiction, if the location of the release or threatened release is within one-half mile of a school.
(Amended by Stats. 2014, Ch. 715, Sec. 17. (SB 1261) Effective January 1, 2015.)
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 25511.

25511. (a) In order to carry out the purposes of this article and Article 2 (commencing with Section 25531), an employee or authorized representative of a unified program agency has the authority specified in Section 25185, with respect to the premises of a handler, and in Section 25185.5, with respect to real property that is within 2,000 feet of the premises of a handler, except that this authority shall include conducting inspections concerning hazardous material, in addition to hazardous waste.
(b) In addition to the requirements of Section 25537, the unified program agency shall conduct inspections of every business subject to this article at least once every three years to determine if the business is in compliance with this article. The unified program agency shall give priority, when conducting these inspections, to inspecting facilities that are required to prepare a risk management plan pursuant to Article 2 (commencing with Section 25531). In establishing a schedule for conducting inspections pursuant to this section, the unified program agency may adopt and use an index of the volatility, toxicity, and quantity of regulated substances and hazardous materials. A unified program agency shall attempt to schedule the inspections conducted pursuant to this section and Section 25537, when applicable, during the same time period.
(c) Pursuant to a written agreement, the unified program agency may designate the county agricultural commissioner to conduct the inspection of agricultural handlers for purposes of Section 25507.1. The agreement shall address the inspection, reporting, training, enforcement, and cost recovery requirements to conduct the inspection of agricultural handlers. If designated, the agricultural commissioner shall schedule and conduct inspections in accordance with this section.
(Amended by Stats. 2014, Ch. 715, Sec. 18. (SB 1261) Effective January 1, 2015.)
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 25512.1.

25512.1. Notwithstanding Section 25512, information certified by appropriate officials of the United States as necessary to be kept secret for national defense purposes shall be accorded the full protections against disclosure as specified by those officials or in accordance with the laws of the United States.
(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 25513.

25513. (a) Each administering county or city may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business required to submit a business plan pursuant to this article that is within its jurisdiction. The governing body may provide for the waiver of fees when a business, as defined in paragraph (3), (4), or (5) of subdivision (c) of Section 25501, submits a business plan. The fee shall be set in an amount sufficient to pay only those costs incurred by the unified program agency in carrying out this article. In determining the fee schedule, the unified program agency shall consider the volume and degree of hazard potential of the hazardous materials handled by the businesses subject to this article.
(b) A unified program agency shall not impose a fee upon a business that is implementing an architectural paint recovery program approved by the Department of Resources Recovery and Recycling pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code and that is exempt from the business plan requirements pursuant to subparagraph (B) of paragraph (4) of subdivision (a) of Section 25507, for the cost of processing that exemption.
(Amended by Stats. 2014, Ch. 744, Sec. 3. (AB 2748) Effective January 1, 2015.)
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 25514.

25514. Notwithstanding any other law, a public entity shall not be held liable for any injury or damages resulting from an inadequate or negligent review of a business plan conducted pursuant to Section 25508.
(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 25514.1.

25514.1. (a) The submission of any information required under this article does not affect any other liability or responsibility of a business with regard to safeguarding the health and safety of an employee or any other person.
(b) Compliance with this article shall not be deemed to be compliance with the duty of care required of any business for purposes of any judicial or administrative proceeding conducted pursuant to any other provision of law.
(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 25515.

25515. (a) A business that violates Sections 25504 to 25508.2, inclusive, or Section 25511, shall be civilly liable to the unified program agency in an amount of not more than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire, the business 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 hazardous materials.
(b) A business that knowingly violates Sections 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation shall be civilly liable to the unified program agency in an amount not to exceed five thousand dollars ($5,000) for each day in which the violation occurs.
(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 25515.1.

25515.1. A person that knowingly violates Sections 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. This section does not preempt any other applicable criminal or civil penalties.
(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 25515.2.

25515.2. (a) Notwithstanding Section 25515, a business that violates this article is liable to a unified program agency for an administrative penalty not greater than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire or health or medical problem requiring toxicological, health, or medical consultation, the business shall also be assessed the full cost of the county, city, fire district, local EMS agency designated pursuant to Section 1797.200, or poison control center as defined by Section 1797.97, emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
(b) Notwithstanding Section 25515, a business that knowingly violates this article after reasonable notice of the violation is liable for an administrative penalty, not greater than five thousand dollars ($5,000) for each day in which the violation occurs.
(c) 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.
(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 25515.3.

25515.3. (a) A person or business that violates Section 25510 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person 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, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, or by 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 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 hazardous materials.
(b) Notwithstanding subdivision (a), a person who knowingly fails to report, pursuant to Section 25510, an oil spill occurring in waters of the state, other than marine waters, shall, upon conviction, be punished by a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(c) Notwithstanding subdivision (a), a person who knowingly makes a false or misleading report on an oil spill occurring in waters of the state, other than marine waters, shall, upon conviction, be punished by a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(d) This section does not preclude prosecution or sentencing under other provisions of law.
(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 25515.4.

25515.4. A person who willfully prevents, interferes with, or attempts to impede the enforcement of this article by any authorized representative of a unified program agency is, upon conviction, guilty of a misdemeanor.
(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 25515.5.

25515.5. (a) All criminal penalties collected pursuant to this article shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city attorney, district attorney, or the Attorney General, whichever office brought the action.
(2) Fifty percent shall be paid to the agency that is responsible for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city attorney, county counsel, district attorney, or the Attorney General, whichever office brought the action.
(2) Fifty percent shall be paid to the agency responsible for the investigation of the action.
(c) If a reward is paid to a person pursuant to Section 25516, the amount of the reward shall be deducted from the amount of the criminal or civil penalty before the amount is apportioned pursuant to subdivisions (a) and (b).
(Amended by Stats. 2023, Ch. 154, Sec. 10. (SB 642) 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 1 - Business and Area Plans › Section 25515.6.

25515.6. (a) (1) If the unified program agency determines that a business has engaged in, is engaged in, or is about to engage in acts or practices that constitute or will constitute a violation of this article or a regulation or order adopted or issued pursuant to this article, and when requested by the unified program agency, the city attorney of the city or the county counsel or the district attorney of the county in which those acts or practices have occurred, are occurring, or will occur shall apply to the superior court for an order enjoining the acts or practices for an order directing compliance, and, upon a showing that the person or business has engaged in, is engaged in, or is about to engage in the acts or practices, a permanent or temporary injunction, restraining order, or other appropriate order may be granted.
(2) If a county counsel or the district attorney brings an action pursuant to paragraph (1), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the acts or practices have occurred, are occurring, or will occur.
(b) This section does not prohibit a city attorney, county counsel, or district attorney from seeking the same relief upon the city attorney’s, county counsel’s, or district attorney’s own motion.
(Amended by Stats. 2023, Ch. 154, Sec. 11. (SB 642) 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 1 - Business and Area Plans › Section 25515.7.

25515.7. Every civil action brought under this article or Article 2 (commencing with Section 25531) shall be brought by the city attorney, county counsel, district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.
(Amended by Stats. 2023, Ch. 154, Sec. 12. (SB 642) Effective January 1, 2024.)