reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25189.7.

25189.7. (a)  The burning or incineration of any hazardous waste, or the causing thereof, is prohibited when the burning or incineration is at a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter.
(b)  Any person who is convicted of knowingly burning or incinerating, or causing the burning or incineration of, any hazardous waste, or who reasonably should have known that he or she was burning or incinerating, or causing the burning or incineration of, any hazardous waste, at a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall, upon conviction, be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c)  The court also shall impose upon a person convicted of violating subdivision (b) a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000) for each day of violation, except as otherwise provided in this subdivision. If the act which violated subdivision (b) caused great bodily injury or caused a substantial probability that death could result, the person convicted of violating subdivision (b) may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years, in addition and consecutive to the term specified in subdivision (b), and may be fined up to two hundred fifty thousand dollars ($250,000) for each day of violation.
(Amended by Stats. 2011, Ch. 15, Sec. 190. (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 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25190.

25190. (a) Except as otherwise provided in Sections 25185.6, 25189.5, 25189.6, 25189.7, and 25191, any person who violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is, upon conviction, guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for up to six months in a county jail or by both that fine and imprisonment.
(b) If the conviction is for a second or subsequent violation, the person shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months. The court shall also impose upon the person a fine of not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000).
(Amended by Stats. 2015, Ch. 459, Sec. 2. (AB 276) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25191.2.

25191.2. Actions pursuant to Sections 25189.5, 25189.6, 25189.7, 25190, and 25191 may be brought by any city attorney.
(Added by Stats. 1990, Ch. 185, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25191.7.

25191.7. (a) A person who provides information that materially contributes to the imposition of a civil penalty or criminal fine against a person for violating this chapter shall be paid a reward pursuant to regulations adopted by the department under subdivision (f). The reward shall be equal to 10 percent of the amount of the civil penalty or criminal fine collected by the department, district attorney, county counsel, or city attorney. The department shall pay the award to the person who provides information that results in the imposition of a civil penalty, and the county shall pay the award to the person who provides information that results in the imposition of a criminal fine. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000).
(b) No informant shall be eligible for a reward for a violation known to the department, unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section.
(c) If there is more than one informant for a single violation, the first notification received by the department shall be eligible for the reward. If the notifications are postmarked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants.
(d) Public officers and employees of the United States, the State of California, or counties and cities in California are not eligible for the reward pursuant to subdivision (a), unless reporting those violations does not relate in any manner to their responsibilities as public officers or employees.
(e) An informant who is an employee of a business and who provides information that the business violated this chapter is not eligible for a reward if the employee intentionally or negligently caused the violation or if the employee’s primary and regular responsibilities included investigating the violation, unless the business knowingly caused the violation.
(f) The department shall adopt regulations that establish procedures for the receipt and review of claims for payment of rewards. All decisions concerning the eligibility for an award and the materiality of the provided information shall be made pursuant to these regulations. In each case brought under subdivision (a), the department, the office of the city attorney, the county counsel or the district attorney, whichever office brings the action, shall determine whether the information materially contributed to the imposition of civil or criminal penalties for violations of this chapter.
(g) The department shall continuously publicize the availability of the rewards pursuant to this section for persons who provide information pursuant to this section.
(h) Claims may be submitted only for those referrals made on or after January 1, 1982.
(Amended by Stats. 2023, Ch. 154, Sec. 4. (SB 642) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25192.

25192. (a) All civil and criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:
(1) Fifty percent shall be deposited in the Toxic Substances Control Account in the General Fund.
(2) Twenty-five percent shall be paid to the office of the city attorney, city prosecutor, county counsel, district attorney, or the Attorney General, whichever office brought the action.
(3) Twenty-five percent shall be paid to the department and used to fund the activity of the CUPA, the local health officer, or other local public officer or agency authorized to enforce the provisions of this chapter pursuant to Section 25180, whichever entity investigated the matter that led to the bringing of the action. If investigation by the local police department or sheriff’s office or the Department of the California Highway Patrol led to the bringing of the action, the CUPA, the local health officer, or the authorized officer or agency, shall pay a total of 40 percent of its portion under this subdivision to that investigating agency or agencies to be used for the same purpose. If more than one agency is eligible for payment under this paragraph, division of payment among the eligible agencies shall be in the discretion of the CUPA, the local health officer, or the authorized officer or agency.
(b) If a reward is paid to a person pursuant to Section 25191.7, the amount of the reward shall be deducted from the amount of the civil penalty before the amount is apportioned pursuant to subdivision (a).
(Amended by Stats. 2023, Ch. 154, Sec. 5. (SB 642) Effective January 1, 2024. Note: This section was amended on Nov. 4, 1986, by initiative Prop. 65.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25193.

25193. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.
(Added by Stats. 1980, Ch. 876.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25194.

25194. Any action brought pursuant to this chapter against a person shall not abate by reason of a sale or other transfer of ownership, except with the express written consent of the director.
(Amended by Stats. 1995, Ch. 639, Sec. 34. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25194.5.

25194.5. (a)  The withdrawal of an application for a permit, registration, or certificate, after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the permit, registration, or certificate upon any ground provided by law or to enter an order denying the permit, registration, or certificate upon any ground, and a withdrawal shall not affect the authority of the department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, to institute or continue a proceeding against the applicant pertaining to any violation of this chapter or any rule, regulation, standard, or requirement issued or promulgated pursuant to this chapter.
(b)  The suspension, expiration, or forfeiture by operation of law of a permit, registration, or certificate issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court, or its surrender or attempted or actual transfer without the written consent of the department shall not affect the authority of the department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, to institute or continue a disciplinary proceeding against the holder of a permit, registration, or certificate upon any ground, or the authority of the department to enter an order suspending or revoking the permit, registration, or certificate, or otherwise taking an action against the holder of a permit, registration, or certificate on any ground.
(Amended by Stats. 1995, Ch. 639, Sec. 35. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25195.

25195. It is a misdemeanor for any person to do any of the following:
(a)  Willfully prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, in the lawful enforcement of any provision of this chapter.
(b)  Willfully prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of his or her official duties under this chapter.
(c)  Willfully prevent or interfere with any such representative in the preserving of evidence of any violation of any of the provisions of this chapter or of the rules and regulations promulgated pursuant to this chapter.
(Amended by Stats. 1995, Ch. 639, Sec. 36. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8 - Enforcement › Section 25196.

25196. A person who knowingly violates a provision of subdivision (a) of former Section 25221 as that section read on January 1, 2012, and who violated that provision prior to the effective date of Chapter 39 of the Statutes of 2012, or who knowingly violates Section 25227, shall be subject to a civil penalty not to exceed 25 percent of the fair market value of the land and improvements, 25 percent of the sale price of the land and improvements, or fifty thousand dollars ($50,000), whichever has been established and is greatest.
(Amended by Stats. 2014, Ch. 544, Sec. 4. (SB 1458) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force › Section 25197.

25197. (a)  The Legislature hereby finds and declares as follows:
(1)  The United States Environmental Protection Agency has estimated that 90 percent of the 9 to 10 million metric tons of hazardous waste produced in California each year is improperly disposed.
(2)  Approximately 50 percent of California’s drinking water comes from underground water supplies which are highly susceptible to contamination from hazardous waste.
(3)  Prosecution for violators of hazardous waste laws requires a specialized team of investigators and attorneys to detect, investigate, and prosecute these violators.
(b)  It is, therefore, the intent of the Legislature in enacting this article to increase the effectiveness of local and state hazardous waste enforcement activities.
(Amended by Stats. 1987, Ch. 984, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force › Section 25197.1.

25197.1. (a)  The director shall establish a Hazardous Waste Enforcement Unit within the department and shall appoint an enforcement coordinator to administer that unit and carry out the duties specified in subdivision (b).
(b)  The enforcement coordinator shall do all of the following:
(1)  Require that information which the department receives concerning a violation of this chapter or any regulation or order issued pursuant to this chapter is routinely and expeditiously transmitted from the department to the appropriate city attorney or district attorney, and to the Attorney General.
(2)  Make recommendations of persons to be awarded payment pursuant to Section 25191.7.
(3)  Make annual recommendations to the Governor and the Legislature of statutory changes to increase the capability of city attorneys, district attorneys, and the Attorney General to prosecute violations of this chapter and any other law or regulation relating to hazardous waste, including needed training, assistance, and coordination programs.
(4)  Report to the Governor and the Legislature, in the biennial report specified in Section 25178, on the actions taken by the enforcement coordinator and the Hazardous Waste Strike Force to carry out this article and the results obtained from those actions in increasing the effectiveness of local and state hazardous waste enforcement activities.
(5)  Establish and maintain a toll-free telephone number, operating during the regular working hours of the department, which is available to the public to report information concerning violations of this chapter and any other hazardous waste statutes and regulations. The department shall screen calls for violations and shall refer information concerning potential violations within three working days to the regional office of the department, the office of the city attorney, the district attorney, or the Attorney General, as appropriate.
(6)  Establish a program to publicize the toll-free telephone number.
(c)  Nothing in this article limits the authority of a city attorney, a district attorney, or the Attorney General to investigate or prosecute violations of hazardous waste laws or regulations.
(d)  Nothing in this article limits the authority of the department or any agency specified in subdivision (a) of Section 25197.2 to request that a civil or criminal action be brought by a city attorney, a district attorney, or the Attorney General under any other law or regulation.
(Amended by Stats. 1992, Ch. 321, Sec. 3. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force › Section 25197.2.

25197.2. (a) The department shall establish a statewide Hazardous Waste Strike Force which shall consist of a representative from each of the following agencies:
(1) The Department of Transportation.
(2) The Department of Industrial Relations.
(3) The Department of Food and Agriculture.
(4) The State Water Resources Control Board.
(5) The State Air Resources Board.
(6) The Department of the California Highway Patrol.
(7) The Office of the State Fire Marshal in the Department of Forestry and Fire Protection.
(8) The California Integrated Waste Management Board.
(9) The Department of Fish and Game.
(10) The Office of Emergency Services.
(11) The Department of Toxic Substances Control.
(12) The Attorney General.
(13) The Department of Pesticide Regulation.
(b) The director, or the director’s designee, shall direct and coordinate the activities of the Hazardous Waste Strike Force.
(c) The Hazardous Waste Strike Force shall do all of the following:
(1) Recommend standardized programs among the agencies represented on the Hazardous Waste Strike Force for the purposes of uniformly enforcing state hazardous waste statutes and regulations and reporting violators of these statutes and regulations.
(2) Recommend programs to publicize and improve the statewide telephone number established pursuant to paragraph (5) of subdivision (b) of Section 25197.1.
(3) Recommend local and regional programs to report information concerning violations of this chapter and any other hazardous waste statutes and regulations.
(Amended by Stats. 2013, Ch. 352, Sec. 348. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.3 - Hazardous Waste Enforcement Coordinator and Strike Force › Section 25197.3.

25197.3. This article shall be funded from the department’s existing resources.
(Amended by Stats. 1987, Ch. 984, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country › Section 25198.1.

25198.1. As used in this article, unless the context clearly indicates otherwise, the following definitions apply:
(a)  “Indian country” has the same meaning as set forth in Section 1151 of Title 18 of the United States Code.
(b)  “Tribe” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time.
(c)  “Hazardous waste” has the same meaning as set forth in Sections 25117 and 25117.9.
(d)  “Hazardous waste facility” has the same meaning as set forth in Section 25117.1.
(e)  “Operator” means a person who operates a hazardous waste facility.
(f)  “Owner” means a person who owns a hazardous waste facility.
(g)  “Secretary” means the Secretary for Environmental Protection.
(h)  “State” means the State of California and any agency or instrumentality thereof.
(i)  “Siting” means the physical suitability of a location proposed for a hazardous waste facility.
(Added by Stats. 1991, Ch. 805, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country › Section 25198.2.

25198.2. (a)  Upon receipt of a written request from any tribe considering a proposal to construct each hazardous waste facility in that tribe’s Indian country within this state, the secretary shall convene negotiations for purposes of reaching a cooperative agreement pursuant to this article, which will define the respective rights, duties, and obligations of the state and the tribe concerning the approval, development, and operation of the facility. In convening the negotiations, the secretary shall consult with the Department of Toxic Substances Control, the State Water Resources Control Board, the appropriate California regional water quality control board, the State Air Resources Board, and the appropriate air pollution control district or air quality management district.
(b)  This article does not apply to any facility located on Indian country within the state if it meets all of the following requirements:
(1)  The facility is owned and operated solely by a tribe.
(2)  All hazardous waste accepted by the facility is generated by that particular tribe.
(3)  The United States Environmental Protection Agency has approved the facility.
(Added by Stats. 1991, Ch. 805, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country › Section 25198.5.

25198.5. (a)  Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 25198.3 to review any draft tribal permit and any applicable federal permit to determine whether it contains all conditions sufficient to do all of the following:
(1)  Meet the functionally equivalent standards provided in the cooperative agreement, as required by subdivision (e) of Section 25198.3.
(2)  Provide not less than the level of protection for public health, safety, and the environment that would have been the case if that state agency had issued the permit.
(3)  Implement all feasible mitigation measures. For purposes of this paragraph, “feasible” has the same meaning as in Sections 21001, 21002.1, and 21004 of the Public Resources Code, and any regulations adopted pursuant to those sections.
(b)  Each cooperative agreement shall provide that the tribal or federal permits issued for the hazardous waste facility meet the requirements of this section.
(c)  The failure of a party to a cooperative agreement to meet the requirements of this section shall be determined to be an actionable breach of the cooperative agreement.
(d)  The election by a party to a cooperative agreement to pursue a contractual remedy shall not limit the ability of a party to assert its respective claims of jurisdiction or sovereign immunity.
(e)  Entering into a cooperative agreement shall not be a basis for denying any remedy to which a party is otherwise entitled.
(f)  Within 10 days of issuance of a final federal permit or tribal permit, a copy of that permit shall be provided to the California Environmental Protection Agency and the tribe having jurisdiction over the facility.
(Amended by Stats. 1992, Ch. 427, Sec. 102. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country › Section 25198.7.

25198.7. (a)  The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the terms of the cooperative agreement as a contract, and shall not limit the availability to either party of any remedy at law or in equity otherwise available under California law.
(b)  The cooperative agreement shall require that the tribe waive its sovereign immunity from any action brought by the state in any court otherwise having jurisdiction over the subject matter, and that the state shall waive its sovereign immunity from any action brought by the tribe, in any court otherwise having jurisdiction over the subject matter, to enforce the terms of the cooperative agreement.
(Added by Stats. 1991, Ch. 805, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country › Section 25198.8.

25198.8. A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state.
(Added by Stats. 1991, Ch. 805, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.6 - Development of Hazardous Waste Management Facilities on Indian Country › Section 25198.9.

25198.9. Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 25198.3, or against the secretary, who is alleged to have approved or certified the sufficiency of any cooperative agreement or permit in violation of this article. No action may be commenced under this section more than 60 days after the agency or secretary has approved or certified the sufficiency of any cooperative agreement or permit under this article.
(Added by Stats. 1991, Ch. 805, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.

25199. (a)  The Legislature finds and declares as follows:
(1)  Existing laws require numerous permits before a hazardous waste facility can be constructed and operated. The permits are issued by governmental agencies, at both the state and local levels under land use planning, zoning, hazardous waste, air quality, water quality, and solid waste management laws.
(2)  The approval of hazardous waste facilities is not currently a coordinated process. The failure to coordinate the issuance of multiple permits, licenses, land use approvals, and other types of authorizations causes lengthy and costly delays. The end result of the process cannot be predicted, with any degree of certainty, by either the proponent of a project to site and construct a facility or by the concerned public.
(3)  Present procedures for approving hazardous waste facilities do not provide meaningful opportunities for public involvement and are not suitably structured to allow the public to make its concerns known and to cause these concerns to be taken into consideration.
(4)  A formal administrative process for reviewing local discretionary land use decisions on applications to site and construct a hazardous waste facility has not been established and made available to interested persons who wish to appeal these decisions.
(b)  The Legislature, therefore, declares that there is a critical need to clarify the requirements that must be met, and the basic procedures that must be followed, in connection with the approval of hazardous waste facilities.
(c)  It is the intent of the Legislature, in enacting this article, to establish the means to expedite the approval of needed hazardous waste facilities; to ensure that new hazardous waste facilities are not sited unless the facility operator provides financial assurance that the operator can respond adequately to damage claims arising out of the operation of the facility; to ensure that the facilities comply with applicable laws and regulations; to clarify the procedures to be followed in approving a facility; to establish specific means to give the concerned public a voice in decisions relating to the siting and issuance of permits for hazardous waste facilities; and to establish a process for appealing local decisions on applications for land use approval for hazardous waste facilities.
(Added by Stats. 1986, Ch. 1504, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.2.

25199.2. Except as otherwise provided in this article, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code applies to all public agencies which make a land use decision or issue a permit for a hazardous waste facility project, as specified in Section 65963.1 of the Government Code. The public agency shall perform the duties and carry out the actions required by Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code in connection with applications submitted to the public agency for a hazardous waste facility project, unless otherwise specified in this article.
(Added by Stats. 1986, Ch. 1504, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.3.

25199.3. (a)  Notwithstanding any other provision of law, an applicant for a hazardous waste facility project may submit applications for a land use decision and for one or more permits to the appropriate public agencies simultaneously. Unless a state agency is prohibited by statute from approving a permit before the granting of a local land use decision, the state agency shall not refuse to issue a permit for a hazardous waste facility project on the grounds that the applicant has not been granted a land use permit, except that the state agency may provide that the permit shall not become effective until the applicant is granted a local land use permit.
(b)  Any public agency may request another public agency to jointly review applications for a permit or land use decision for a hazardous waste facility project. A public agency may consolidate, with other public agencies, public meetings and hearings permitted or required by law or regulation for the issuance of a permit or the making of a land use decision for a hazardous waste facility project.
(c)  The department shall coordinate the technical review of applications for permits for hazardous waste facility projects that are received by state agencies.
(d)  Upon the request of a local agency, the department, and any other state agency that is authorized to issue a permit for a hazardous waste facility project, shall provide technical assistance to a local agency that is reviewing an application for a land use decision for the project.
(Added by Stats. 1986, Ch. 1504, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.5.

25199.5. (a)  At the request of an applicant, the legislative body of a local agency shall, within 60 calendar days after the local agency has determined that an application for a land use decision for a hazardous waste facility project is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both of the following:
(1)  The applicable local general plan and zoning ordinances in effect at the time the application was received.
(2)  The county hazardous waste management plan authorized by Article 3.5 (commencing with Section 25135), if the plan is in effect at the time of the application.
(b)  The local agency shall send a copy of the written determination made pursuant to subdivision (a) to the applicant.
(c)  The determination required by subdivision (a) does not prohibit a local agency from making a different determination when the final land use decision is made, if the final determination is based on information which was not considered at the time the initial determination was made.
(Added by Stats. 1986, Ch. 1504, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.6.

25199.6. (a)  Section 65943 of the Government Code does not apply to the department’s review of applications for a hazardous waste facilities permit. The department shall review for completeness each application for a hazardous waste facilities permit and notify the applicant in writing whether the application is complete within 30 days from the date of receipt. If the application is incomplete, the department shall require the applicant to provide the information necessary to make the application complete. An application is not deemed to be complete until the department notifies the applicant that the application is complete. After an application is determined to be complete, the department may request additional information only when necessary to clarify, modify, or supplement previously submitted material.
(b)  Notwithstanding Section 65952 of the Government Code, any public agency that is a responsible agency for a hazardous waste facility project that is a land disposal facility shall approve or disapprove the project within one of the following periods of time, whichever is longer:
(1)  Within one year from the date on which the lead agency approved or disapproved the project.
(2)  Within one year from the date on which the completed application for the project has been received, and accepted as complete, by that responsible agency.
(c)  Notwithstanding Section 65952 of the Government Code and Section 25199.2, any public agency that is a responsible agency for a hazardous waste facility project that is not a land disposal facility shall approve or disapprove the project within one of the following periods of time, whichever is longer:
(1)  Within 180 days from the date on which the lead agency approved or disapproved the project.
(2)  Within 180 days from the date on which the completed application for the project has been received, and accepted as complete, by that responsible agency.
(d)  Subdivision (b) of Section 65956 of the Government Code does not apply to the failure of a lead agency or responsible agency to approve or disapprove a permit for a hazardous waste facility project within the time limits established by Sections 65950 and 65952 of the Government Code and subdivisions (b) and (c) of this section. If a lead agency or a responsible agency fails to act within those time limits, the applicant may file an action pursuant to Section 1085 of the Code of Civil Procedure to compel the agency to approve or disapprove the permit for the project within a reasonable time, as the court may determine.
(Amended by Stats. 2000, Ch. 343, Sec. 10. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.8.

25199.8. (a)  If an action or proceeding has been commenced in any court to attack, review, set aside, void, or annul the acts or decisions of a lead agency for a specified hazardous waste facility project on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the proponent may, notwithstanding the action or proceeding, request the responsible agencies for the specified hazardous waste facility project to continue to process applications for approval of permits for the project received and accepted as complete by each responsible agency. If a responsible agency receives such a request, the time limits specified in subdivisions (a), (b), and (c) of Section 25199.6 shall apply.
(b)  Except as provided in subdivision (d), if any action or proceeding is commenced to review the acts or decisions of a lead or responsible agency for a specified hazardous waste facility project, the proponent may petition the court to stay the action or proceeding. The court, in its discretion, may stay the action or proceeding until all public agencies for the project have completed reviewing and approving or disapproving the applications for permits for the project. The proponent may, at any time prior to completion of these actions by the lead or responsible agencies, file a petition with the court requesting that the action or proceeding be permitted to proceed and, upon receiving such a petition, the court shall discontinue the stay.
(c)  Notwithstanding subdivision (b), a court may enjoin a lead or responsible agency from approving a permit or license if the court finds that the approval would result in an imminent or substantial endangerment of the public health or the environment or if there are other compelling reasons that the action or proceeding should not be stayed.
(d)  Subdivision (b) does not apply to an action or proceeding which alleges that a lead or responsible agency has not complied with Division 13 (commencing with Section 21000) of the Public Resources Code.
(Amended by Stats. 1989, Ch. 1354, Sec. 2. Effective October 2, 1989.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 8.7 - Procedures for the Approval of New Facilities › Section 25199.14.

25199.14. The final decision of the appeal board concerning an appeal authorized pursuant to Section 25199.9 shall be deemed to be the final administrative action of the appeal board.
(Added by Stats. 1986, Ch. 1504, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.01.

25200.01. (a) The department shall, consistent with subdivision (d) of Section 25112.5, submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees of the department with hazardous waste facilities permit review duties under this article pursuant to subdivision (u) of Section 11105 of the Penal Code.
(b) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(Added by Stats. 2023, Ch. 198, Sec. 15. (SB 152) Effective September 13, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.05.

25200.05. (a) No later than 90 days after receiving an application for a hazardous waste facilities permit pursuant to Section 25200 or 25201.6, the department shall post on its internet website a timeline with the estimated dates of key milestones in the hazardous waste facilities permit application review process, which shall include, but are not limited to, the dates of all public meetings and the date for issuance of a draft hazardous waste facilities permit decision. The department shall note on its internet website that these dates are estimates, and shall update the dates as necessary.
(b) On or before March 31, 2022, the department shall post a timeline, as described in subdivision (a), for each hazardous waste facilities permit application under review by the department as of January 1, 2022.
(Added by Stats. 2021, Ch. 73, Sec. 39. (SB 158) Effective July 12, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.1.

25200.1. Notwithstanding Section 25200, the department shall not issue a hazardous waste facility permit to a facility which commences operation on or after January 1, 1987, unless the department determines that the facility operator is in compliance with regulations adopted by the department pursuant to this chapter requiring that the operator provide financial assurance that the operator can respond adequately to damage claims arising out of the operation of the facility or the facility is exempt from these financial assurance requirements pursuant to this chapter or the regulations adopted by the department to implement this chapter.
(Amended by Stats. 1995, Ch. 640, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.4.

25200.4. (a)  Any application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to this article, except for an application made by a federal, state, or local agency, shall include a disclosure statement, as defined in Section 25112.5.
(b)  The requirements of this section do not apply to a person operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.
(c)  Notwithstanding subdivision (a), an applicant for a series C standardized permit, as specified in Section 25201.6, shall submit a disclosure statement to the department only upon request.
(Added by Stats. 2001, Ch. 605, Sec. 13. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.7.

25200.7. (a)  On or before November 8, 1988, the department shall take final action on each application for a hazardous waste facilities permit submitted to the department before January 1, 1988, by either issuing a final permit pursuant to the application or a final denial of the application.
(b)  Subdivision (a) applies only to hazardous waste facilities which are operating under a grant of interim status on January 1, 1988, which use a land disposal method, as defined in subdivision (h) of Section 25179.3, and which dispose of wastes regulated as hazardous waste pursuant to the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(c)  On or before November 8, 1989, the department shall take final action on each application for a hazardous waste facilities permit to operate an incinerator facility which was submitted before November 8, 1984, by either issuing a final permit pursuant to the application or a final denial of the application.
(d)  On or before November 8, 1992, the department shall take final permit action on each application for a hazardous waste facilities permit to operate any facility not otherwise subject to subdivision (a) or (c) which was submitted before November 8, 1984. The department shall issue a final hazardous waste facilities permit pursuant to the application or issue a final denial of the application.
(e)  Interim status granted pursuant to Section 25200.5 to any facility subject to subdivision (c) shall terminate on November 8, 1989, unless the owner or operator of the facility applied for a final determination regarding the issuance of a hazardous waste facilities permit by November 8, 1986.
(f)  Interim status granted pursuant to Section 25200.5 to any facility subject to subdivision (d) shall terminate on November 8, 1992, unless the owner or operator of the facility applied for a final determination regarding the issuance of a hazardous waste facilities permit by November 8, 1988.
(g)  Subdivisions (c), (d), (e) and (f) do not apply to applications for hazardous waste facilities permits to transfer, treat, store, or dispose of non-RCRA hazardous wastes.
(Amended by Stats. 1989, Ch. 1436, Sec. 26. Effective October 2, 1989.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.7.5.

25200.7.5. (a) On or before December 31, 2015, the department shall issue a final permit decision on an application for a hazardous waste facilities permit submitted to the department by a facility operating under a grant of interim status pursuant to Section 25200.5 on or before January 1, 1986, by either issuing a final permit pursuant to the application or a final denial of application.
(b) Interim status granted pursuant to Section 25200.5 for a facility described in subdivision (a) shall terminate on December 31, 2015, or on the date on which the department issues a final permit decision on the application for a hazardous waste facilities permit, whichever is earlier. If a person petitions the department for review of a final permit decision to approve a hazardous waste facilities permit or a facility currently operating under interim status, then the interim status shall not terminate until final administrative disposition of the petition, even if the final administrative disposition occurs after December 31, 2015.
(c) Except as provided in subdivision (b), interim status granted for a facility before January 1, 2015, shall terminate on January 1, 2020, or on the date on which the department issues a final permit decision on the application for a hazardous waste facilities permit, whichever is earlier.
(d) Interim status granted for a facility on or after January 1, 2015, shall terminate five years from the date on which the interim status is granted or on the date on which the department issues a final permit decision on the application for a hazardous waste facilities permit, whichever is earlier.
(Added by Stats. 2014, Ch. 833, Sec. 3. (SB 712) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 9 - Permitting of Facilities › Section 25200.8.

25200.8. Any applicant for a final hazardous waste facilities permit pursuant to Section 25200 who receives a notice of deficiency from the department concerning the permit application shall submit the information specified in the notice of deficiency by the date specified in the notice of deficiency or by a later alternative date approved by the department. The department may initiate an enforcement action pursuant to Section 25187 against any hazardous waste facilities permit applicant who does not provide the information specified in the notice of deficiency by the date specified in the notice of deficiency or by a later alternative date approved by the department. If an applicant does not respond to three or more of these notices of deficiency regarding the same or different deficiencies or responds with substantially incomplete or substantially unsatisfactory information on three or more occasions, the department shall, pursuant to regulations adopted by the department, initiate proceedings to deny the permit application. This section does not limit the department’s authority to take action concerning the permit application before sending three notices of deficiency.
(Amended by Stats. 1994, Ch. 1112, Sec. 1. Effective January 1, 1995.)