California Code of Regulations › Title 27 - Environmental Protection › Division 1 - General Functions and Responsibilities › Subdivision 4 - State Delegation › Chapter 1 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Part II - Operations › Article 5 - Implementation and Maintenance of the Unified Program › Section 15200 - Inspection and Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The CUPA,
						in cooperation with its PA(s), if applicable, shall develop and implement a
						written Inspection and Enforcement Plan. The Inspection and Enforcement
						(I&E) Plan shall include:
(1) An
						inspection process for each program element that includes pre-inspection,
						on-site and off-site inspections, post-inspection procedures, and
						re-inspections.
(2) A schedule of
						the inspection frequencies to be conducted that shall, at a minimum, meet the
						following inspection frequencies as mandated in the following statutes:
(A) Hazardous Waste Generator Program -- No
						mandated frequency.
(B) Onsite
						Hazardous Waste Treatment Activities (PBR, CA, and CE) -- Initial inspection
						within two years of notification and every three years thereafter (HSC Section 25201.4(b)).
(C) UST Program -- At
						least once every year (HSC Section 25288(a)).
(D) HMRRP and Inventories Program -- At least
						once every three years (HSC Section 25511(b)).
(E) CalARP Program -- At least once every
						three years (HSC Section 25537).
(F) APSA Program -- At least once every three
						years for tank facilities with 10,000 gallons or more of petroleum (HSC Section 25270.5(a)).
(3) A
						description of inspection coordination efforts between the CUPA and its PAs, if
						applicable.
(4) Enforcement
						notification procedures that ensure:
(A)
						Appropriate confidentiality; and
(B) Coordination and timely notification of
						appropriate agency(ies).
(5) Identification of all available
						enforcement options.
(6) Uniform
						and coordinated application of enforcement standards that includes:
(A) Identification of penalties and
						enforcement actions that are consistent and predictable for similar violations
						and no less stringent than California statutes and regulations.
(B) A description of the progressive
						enforcement actions the UPA shall initiate and implement until compliance has
						been achieved.
(7)
						Provisions for multi-media enforcement in order to promote the effective
						detection, abatement and deterrence of violations affecting more than one
						environmental medium or regulatory scheme.
(8) A description of how the CUPA minimizes
						or eliminates duplication, inconsistencies, and lack of coordination within the
						inspection and enforcement program.
(9) Procedures for coordinating enforcement
						efforts between the CUPA and its PA(s), if applicable.
(10) Procedures for addressing complaints,
						including but not limited to the receipt, investigation, enforcement, and
						closure of a complaint.
(11)
						Provisions for ensuring the CUPA has sampling capability, which may include
						sampling by a qualified person and ensuring the analysis of any material shall
						be performed by a state certified laboratory pursuant to HSC, Chapter 6.5,
						Section 25198.