California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 22 - Enforcement, Inspections, and Informant Rewards › Article 3 - Assessment of Administrative Penalties › Section 66272.60 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  only applies to the assessment of administrative penalties in administrative
				  enforcement orders issued pursuant to Health and Safety Code Section
				  25187.
				  This article does not apply to minor violations as defined in Health and Safety
				  Code Section
				  25117.6
				  unless the minor violation is subject to a penalty in accordance with Health
				  and Safety Code Section
				  25187.8(g).
				  This article does not apply to penalties assessed pursuant to Health and Safety
				  Code Sections
				  25244.18(d)(2),
				  25244.21(a)
				  and
				  25244.21(b)
				  regarding requirements for source reduction evaluation review, plans, and
				  reports. This article does not apply to the settlement of any enforcement
				  action.
(b) For purposes of this
				  article, "Enforcement Agency" is defined as any department, unified program
				  agency, local health officer, or local public officer having the authority to
				  issue administrative orders pursuant to Health and Safety Code Section
				  25187.
(c) The Enforcement Agency shall, pursuant to
				  Health and Safety Code Section
				  25180(d),
				  determine whether the person being assessed a penalty is being treated equally
				  and consistently with regard to the same types of violations previously
				  assessed against other violators.
1. New
					 article 3 (sections
					 66272.60-66272.67) and section
					 filed 7-15-97; operative 7-1-97 (Register 97, No. 29). This interim regulation
					 is exempt from most of the procedural requirements of the Administrative
					 Procedure Act and from review by the Office of Administrative Law pursuant to
					 Government Code section
					 11400.20
					 and will expire on December 31, 1998 unless earlier terminated or replaced by,
					 or readopted as, permanent regulations.
2. Expired by its own terms
					 on 12-31-98 (Register 99, No. 3).
3. New article 3 (sections
					 66272.60-66272.68) and section
					 filed 1-14-99 as an emergency; operative 1-14-99 (Register 99, No. 3). A
					 Certificate of Compliance must be transmitted to OAL by 5-14-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. New article 3 (sections
					 66272.60-66272.68) and section
					 refiled 5-10-99 as an emergency; operative 5-10-99 (Register 99, No. 20). A
					 Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. New article 3 (sections
					 66272.60-66272.68) and section
					 refiled 9-7-99 as an emergency; operative 9-7-99 (Register 99, No. 37). A
					 Certificate of Compliance must be transmitted to OAL by 1-5-2000 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Repealer of article 3 (sections
					 66272.60-66272.68) and section by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 38).
7. New article 3 (sections
					 66272.60-66272.69) and section
					 filed 12-13-2000 as an emergency; operative 12-13-2000 (Register 2000, No. 50).
					 A Certificate of Compliance must be transmitted to OAL by 4-12-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
8. New article 3 (sections
					 66272.60-66272.69) and section
					 refiled 3-30-2001 as an emergency; operative 4-13-2001 (Register 2001, No. 13).
					 A Certificate of Compliance must be transmitted to OAL by 8-13-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
9. Certificate of Compliance as to 3-30-2001 order, including
					 amendment of section and NOTE, transmitted to OAL 7-19-2001 and filed 8-28-2001
					 (Register 2001, No. 35).
Note: Authority cited: Sections
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25117.6,
						25180(d),
						25187,
						25187.8(g),
						25189.2,
						25244.18(d)(2),
						25244.21(a)
						and
						25244.21(b),
						Health and Safety Code; and Section
						11425.50,
						Government Code.