reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.51 - Determining the Initial Score for Each Class I Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial Class I Violations Score. The
				  Department shall determine an initial score for each Class I violation that
				  occurred during the preceding ten (10) year period. When calculating the
				  initial score for each Class I violation, the Department shall determine the
				  potential harm to public health and safety or the environment posed by the
				  violation and the extent of deviation from hazardous waste management
				  requirements posed by the violation.
(b) Potential Harm. When determining the
				  potential harm to public health and safety or the environment posed by a Class
				  I violation, the Department shall categorize the potential harm as "major,"
				  "moderate," or "minimal."
(1) The categories
				  for degree of potential harm are defined as follows:
(A) Major -- The characteristics and/or
				  amount of the substance involved present a major threat to public health and
				  safety or the environment and the circumstances of the violation indicate a
				  high potential for harm.
(B)
				  Moderate -- The characteristics and/or amount of the substance involved do not
				  present a major threat to public health and safety or the environment and the
				  circumstances of the violation do not indicate a high potential for harm, but
				  the threat posed is more than minimal.
(C) Minimal -- The characteristics and/or
				  amount of the substance involved present a minimal threat to public health and
				  safety or the environment and the circumstances of the violation indicate a low
				  potential for harm.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.52 - Adjustment to the Initial Score for Repeat Class I Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  shall adjust the initial score for each Class I violation to reflect repeat
				  violations.
(b) The Department
				  shall make an adjustment for a repeat violation only if the owner or operator
				  has been given at least one Summary of Violations at the same facility within
				  the prior three (3) years or last three (3) inspections, whichever time period
				  is longer, and such Summary of Violations has not been cancelled, retracted,
				  withdrawn, or successfully challenged in an administrative or judicial
				  proceeding. The adjustment for a repeat violation based on issuance of a
				  Summary of Violations shall occur regardless whether the owner or operator
				  corrected a violation after receipt of the Summary of Violations.
(c) The Department shall adjust each initial
				  Class I violation score based on the number of repeat violations. The
				  Department shall make the adjustment based on the following matrix:
Adjustment Factor for Repeat
							 Violations
Circumstance
Upward Adjustment of 25 percent
Second
							 instance
Upward Adjustment of 50 percent
Third
							 instance
Upward Adjustment of 100 percent
Fourth or
							 more instance
1. New
					 section filed 10-24-2018; operative 1-1-2019 (Register 2018, No.
					 43).
Note: Authority cited: Sections
						25150,
						25200.21,
						58004
						and
						58012,
						Health and Safety Code. Reference: Sections
						25110.8.5,
						25186
						and
						25186.05,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.53 - Provisional and Final Inspection Violation Scores

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Provisional Inspection Violation Score
				  Calculation. A provisional inspection violation score is the sum of the scores
				  for all Class I violations found during a compliance inspection as calculated
				  pursuant to section
				  66271.51 and adjusted for repeat
				  violations pursuant to section
				  66271.52.
(b) Issuance of Provisional Inspection
				  Violation Scores.
(1) For compliance
				  inspections that occur after the effective date of this article, the Department
				  shall issue a provisional inspection violation score, including all Class I
				  violation scores on which the provisional inspection violation score is based,
				  to the owner or operator concurrently with the inspection report provided to
				  the owner or operator pursuant to section
				  66272.1(c).
(2) For compliance inspections that occurred
				  before the effective date of this article, the Department shall issue
				  provisional inspection violation scores, including all Class I violation scores
				  on which the provisional inspection violation scores are based, to the owner or
				  operator when the Department provides the owner or operator with written
				  notice, in accordance with section
				  66271.54(c), of
				  the facility's assignment to a compliance tier based on its Facility VSP
				  Score.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.54 - Facility Violations Scoring Procedure (Vsp) Score and Compliance Tiers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facility VSP
				  Score Calculation. Except as provided in paragraphs (1) and (2), the Facility
				  VSP Score consists of the sum of the provisional or final inspection violation
				  scores for each compliance inspection conducted during the preceding ten (10)
				  year period, divided by the number of such inspections.
(1) For compliance inspections conducted
				  after the effective date of this article, no provisional inspection violation
				  score may be included in the Facility VSP Score unless the provisional
				  inspection violation score was sent to the owner or operator in accordance with
				  section 66271.53(b)(1).
(2) The score for any Class I violation that
				  has been cancelled, retracted, withdrawn, or successfully challenged in an
				  administrative or judicial proceeding may not be included in the Facility VSP
				  Score.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.55 - Hazardous Waste Facility Permit Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Permit Decisions. The Department shall
				  conduct a complete review of a facility's compliance history when making a
				  decision to issue, deny, revoke, suspend, or modify a permit under this
				  article.
(b) A complete review of
				  the facility's compliance history shall include, but is not limited to, all of
				  the following:
(1) The facility's final
				  compliance tier assignment based on the Facility VSP Score and all Class I
				  violations and provisional and final inspection violation scores used to
				  calculate the Facility VSP Score;
(2) Class II and minor violations not
				  quantified as part of the Facility VSP Score;
(3) The facility's compliance with any
				  permits, applicable orders, stipulations, agreements, settlement documents,
				  judgments, decrees, grants of authorization, or other documents establishing
				  requirements upon operations at the facility; hazardous waste laws and
				  regulations; and any other applicable environmental laws and
				  regulations;
(4) The disclosure
				  statement made pursuant to the requirements of Health and Safety Code sections
				  25112.5
				  and
				  25200.4;
(5) The facility's safety record;
(6) The facility's compliance with financial
				  assurance or liability coverage requirements for closure, post-closure, or
				  corrective action pursuant to article 8, chapter 14 and article 8, chapter 15
				  of this division, as applicable;
(7) Information in audit reports provided to
				  the Department pursuant to the requirements of sections
				  66271.56 and
				  66271.57; and
(8) Any other information allowed by
				  law.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.56 - Requirements for a Facility Assigned to a "Conditionally Acceptable" Compliance Tier

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  owner or operator of a facility that receives a final "conditionally
				  acceptable" compliance tier assignment based on its Facility VSP Score shall
				  comply with the following requirements:
(1)
				  Compliance Audits: An owner or operator of a non-federal facility shall prepare
				  and provide to the Department third-party compliance audits in accordance with
				  this section. An owner or operator of a federal facility, however, may prepare
				  and submit to the Department a facility self-disclosure audit report and use an
				  internal auditor in lieu of a third-party auditor, but is otherwise subject to
				  this section.
(A) Selection of Auditor. The
				  owner or operator shall retain an independent third-party compliance auditor in
				  accordance with the following:
1. Within sixty
				  (60) days of notification of an assigned compliance tier of "conditionally
				  acceptable" pursuant to section
				  66271.54(c), the
				  owner or operator shall provide to the Department the names and qualifications
				  of at least three (3) proposed independent third-party auditors, in order of
				  preference, who are qualified to conduct hazardous waste facility audits to
				  determine compliance with hazardous waste facility requirements. At a minimum,
				  an auditor shall:
a. Have graduated from an
				  accredited college or university and possess a Bachelor of Science degree, in a
				  physical or biological science, engineering, law, or a related field. State
				  certification, licensing or registration, or certification by a nationally
				  recognized professional association in a physical or biological science,
				  engineering or law shall be considered equivalent to such training;
				  and
b. Possess a minimum of five
				  (5) years full-time professional-level experience performing environmental
				  audits relating to hazardous waste facilities;
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 3 - Violations Scoring Procedure for Hazardous Waste Facility Operations › Section 66271.57 - Requirements for a Facility Assigned to an "Unacceptable" Compliance Tier

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For a facility
				  that is assigned to an "unacceptable" compliance tier based on its Facility VSP
				  Score:
(1) The Department shall, subject to
				  subsections (b) through (f), initiate a process to deny, suspend, or revoke a
				  permit pursuant to chapter 20 or 21 of this division for a facility after the
				  facility's "unacceptable" compliance tier assignment becomes final in
				  accordance with subsection (b) or subsection (f)(1).
(2) Following the initiation of a process
				  pursuant to subsection (a)(1) to deny, suspend, or revoke a permit, the
				  Department may grant a permit or permit modification or otherwise resolve a
				  pending permit action against a facility that has been assigned to an
				  "unacceptable" compliance tier only if the Department makes the written
				  findings required in subsection (g), in addition to any other findings required
				  by law for its decision.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 4 - 4. Board of Environmental Safety › Section 66271.71 - Stays of Permit Decisions Pending Appeal by the Board of Environmental Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Automatic Stay. If notice of an appeal is filed with the Board of Environmental
				  Safety ("Board") pursuant to paragraph (3) of subsection (a) of Section
				  66271.72, the effect of the final
				  permit decision shall be stayed until the later of either the dismissal of a
				  petition in full pursuant to subsection (b) of section
				  66271.72, or the denial of a
				  petition on the merits pursuant to subsection (d) of section
				  66271.72. If the permit involves a
				  new facility, the applicant shall be without a permit for the proposed new
				  facility while the stay remains in effect.
(b) Effect of Stay. The effect of the stay
				  imposed under subsection (a) of this section shall be limited to the issues
				  that are accepted by the Board pursuant to subsection (b) of section
				  66271.72. Uncontested conditions
				  which are not severable from those contested shall be stayed together with the
				  contested conditions. Stayed provisions of permits for existing facilities
				  shall be identified by the Board in the initial order issued pursuant to
				  subsection (b) of section
				  66271.72. All other provisions of
				  the permit for the existing facility shall remain fully effective and
				  enforceable.
(c) Temporary
				  Authorizations. If notice of an appeal is filed with the Board pursuant to
				  paragraph (2) of subsection (a) of section
				  66271.72, the permittee shall be
				  without the temporary authorization until the appeal is decided by the Board
				  pursuant to subsection (d) of section
				  66271.72.
(d) Existing Permits. Any facility or
				  activity holding an existing permit shall:
(1) comply with the conditions of that permit
				  during any modification or revocation and reissuance proceeding under section
				  66271.4; and
(2) to the extent conditions of any new
				  permit are stayed under this section, comply with the conditions of the
				  existing permit which correspond to the stayed conditions, unless compliance
				  with the existing conditions would be technologically incompatible with
				  compliance with other conditions of the new permit which have not been
				  stayed.
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 1 - Inspection Authority, Designation of Enforcement Authority, and Awards › Section 66272.1 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director or
				  any duly authorized representative of the Department may, at any reasonable
				  hour of the day, do any of the following:
(1)
				  enter a factory, plant, construction site, waste disposal site, transfer
				  facility, establishment or any other area, place or environment where wastes
				  are stored, handled, treated, processed, disposed of, or treated to recover
				  resources, inspect the premises and gather evidence on existing conditions and
				  procedures;
(2) carry out any
				  sampling activities necessary to carry out chapter 6.5, commencing with section
				  25100, of division 20 of the
				  Health and Safety Code, including obtaining samples from any individual or
				  taking samples from the property of any person or from any vehicle which any
				  authorized representative of the department or a local health officer
				  reasonably believes has transported or is transporting hazardous waste.
				  However, upon request, split samples shall be given to the person from whom, or
				  from whose property or vehicle, the samples were obtained;
(3) stop and inspect any vehicle reasonably
				  suspected of transporting hazardous wastes when accompanied by a uniformed
				  police officer in a clearly marked vehicle;
(4) conduct tests, analyses and evaluations
				  to determine whether the waste is hazardous waste or whether the requirements
				  of chapter 6.5 of division 20 of the Health and Safety Code are met;
(5) photograph any waste, waste container,
				  waste container label, vehicle, waste treatment process, waste disposal site,
				  or condition constituting a violation of law found during an
				  inspection;
(6) inspect and copy
				  any records, reports, test results, or other information required to carry out
				  chapter 6.5 of division 20 of the Health and Safety Code.
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 1 - Inspection Authority, Designation of Enforcement Authority, and Awards › Section 66272.10 - Designation of Enforcement Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may designate a local
				  public officer to enforce the standards and regulations adopted by the
				  Department pursuant to section
				  25150
				  of the Health and Safety Code if it is demonstrated to the satisfaction of the
				  Department that:
(1) the prospective designee
				  has appropriate jurisdiction and competency, facilities and personnel to
				  perform the functions specified by the Department; and
(2) other activities of the governmental
				  entity which the prospective designee represents will not compromise the
				  designee's ability to enforce those regulations equitably and
				  effectively.
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 1 - Inspection Authority, Designation of Enforcement Authority, and Awards › Section 66272.20 - Rewards for Informants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An application for reward under the provisions of section
				  25191.7
				  of the Health and Safety Code shall be submitted to the Department or the
				  county not later than 60 days after a final judgment has been entered or 60
				  days after the period for appeal of a judgment has expired.
(b) An application for a reward to be paid by
				  the Department pursuant to section
				  25191.7(a)
				  of the Health and Safety Code shall be filed on a form provided by the
				  Department (DHS 8073, revised 6/83) and shall be signed with the applicant's
				  name.
(c) The Department and
				  counties shall not disclose the names of informants or reward applicants unless
				  such names are otherwise publicly disclosed, as part of a judicial
				  proceeding.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Section
						25191.7,
						Health and Safety Code. Reference: Section
						25191.7,
						Health and Safety Code and Sections
						6254 and
						6255,
						Government Code.
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 1 - Inspection Authority, Designation of Enforcement Authority, and Awards › Section 66272.30 - Award and Payment of Reward Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In determining whether the applicant
				  supplied information that materially contributed to the imposition of judgments
				  against persons for violations specified in section
				  25191.7
				  of the Health and Safety Code, the Department or the county shall consider, but
				  shall not be limited to considering the following factors:
(1) the validity of the
				  information;
(2) the nature and
				  extent of detail supplied, including, as available, dates, times, places,
				  names, and other details;
(3) the
				  date and time of receipt of the information;
(4) information regarding the reported
				  violation(s) possessed by the Department or the county prior to receipt of the
				  applicant's information;
(5) the
				  nature of the reported violations as compared with other violations alleged in
				  the civil or criminal complaint; and
(6) the findings in the
				  judgment.
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 2 - Delegation of Enforcement Order Authority [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				  without regulatory effect repealing article 2 (sections
				  66272.31-66272.50) filed 4-1-96
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 96, No. 14).
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 66272.61 - Penalty Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Administrative penalties assessed in administrative
					 enforcement orders issued pursuant to Health and Safety Code Section
					 25187
					 shall be assessed following the procedures set forth in this article. The
					 penalty assessed for any violation in accordance with this article shall not
					 exceed the maximum penalty specified in statute.
1. New
					 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 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 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 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. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 38).
7. New 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 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, 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
						25187
						and
						25189.2,
						Health and Safety Code; and Section
						11425.50,
						Government Code.
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 66272.64 - Multiple Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  At the discretion of the Enforcement Agency, a single initial penalty may be
				  assessed for multiple violations. Multiple violations subject to this section
				  are multiple instances of the same violation, where each instance is a
				  violation in itself.
(b) The
				  assessment of a single initial penalty may be appropriate for multiple
				  violations in the following cases:
(1) The
				  facility has violated the same requirement at one or more locations (e.g.
				  units) within the facility;
(2) The
				  violation occurs on separate occasions, unless the facility has been notified
				  of the violation and has had sufficient time to correct the violation, and the
				  violation is not a violation that continues uninterrupted for more than one
				  day;
(3) When violations are not
				  independent or are not substantially distinguishable. For such violations, the
				  Enforcement Agency shall consider the extent of violation in terms of the most
				  significant violation.
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 66272.65 - Multiday Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each day a violation continues is a separate and distinct violation. The
				  penalty for a continuing violation shall be determined according to this
				  section.
(1) The initial penalty for the
				  first day of violation shall be determined as provided in Sections
				  66272.62 and
				  66272.63;
(2) For days following the first day of
				  violation, the multiday component of the penalty shall be calculated by
				  determining two percent of the adjusted initial penalty and multiplying that
				  value by the number of days the violation occurred after the initial
				  day.
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 66272.68 - Adjustments to the Total Base Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Enforcement Agency shall adjust the total base penalty
					 considering each of the following adjustment factors:
(a) Cooperation: The Enforcement Agency shall
				  consider the violator's cooperation and efforts to return to compliance.
				  Cooperation in achieving compliance is the standard and all necessary good
				  faith efforts to comply with requirements must be made. Adjustments shall be
				  based on the violator's efforts to return to compliance after being notified of
				  the violations by the Enforcement Agency. The adjustment shall be made using
				  the following guidelines:
Adjustment Factors for Cooperation
Degree ofCooperation
								/Effort
AdjustmentFactor
Circumstance
Extraordinary
Downward
adjustment of
up to 25 percent
Violator exceeded the minimum
requirements in returning to
compliance or returned to compliance
faster than requested.
Good Faith
No adjustment
Violator demonstrated a cooperative
effort.
Recalcitrance
Upward
up to 25 percent
Violator failed to cooperate, delayed
compliance, created unnecessary
obstacles to achieving compliance, or
the compliance submittal failed to
meet requirements.
adjustment of
Refusal
Upward adjustment
of 50 to 100 percent
Violator intentionally failed to return
to compliance or to allow clean-up
operations to take place. This does not
include refusal to allow inspections.
(b)
				  Prophylactic Effect: The total base penalty may be adjusted upward or downward
				  to ensure that the penalty is sufficient to provide a prophylactic effect on
				  both the violator and the regulated community as a whole.
(c) Compliance History: The total base
				  penalty may be decreased by five percent for each previous consecutive
				  Enforcement Agency inspection report that has had no violations noted, up to a
				  total reduction of ten percent. A separate, additional downward adjustment of
				  15 percent may be granted if the violator has a current International
				  Organization for Standardization (ISO) 14001 Certificate. The total base
				  penalty may be increased if the violator has demonstrated a history of
				  noncompliance over the past five (5) years. The maximum adjustment factor for
				  compliance history is an upward adjustment of 100 percent. When adjusting the
				  penalty for compliance history, the Enforcement Agency shall consider the
				  following criteria:
(1) Previous violations
				  at the site in question receive more weight than previous violations at another
				  site owned or operated by the same person;
(2) Recent violations receive more weight
				  than older violations;
(3) The same
				  or substantially similar previous violations receive more weight than previous
				  unrelated violations.
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 66272.69 - Final Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The final penalty consists of the total base penalty, as
					 defined in Section
					 66272.67, with any adjustments
					 made pursuant to the adjustment factors set forth in Section
					 66272.68. The final penalty shall
					 not exceed the statutory maximum.
1. New
					 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.
2. New 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.
3. Certificate of Compliance
					 as to 3-30-2001 order, including amendment of section, 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
						25187 and
						25189.2 Health and Safety Code;
						and Section
						11425.50,
						Government Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This chapter
				  establishes requirements for managing universal wastes, as defined in section
				  66273.9. The following universal
				  wastes are subject to regulation pursuant to this chapter:
(1) Batteries, as described in section
				  66273.2, subsection (a);
(2) Electronic devices, as described in
				  section 66273.3, subsection (a);
(3) Mercury-containing equipment, as
				  described in section
				  66273.4, subsection (a);
(4) Lamps, as described in section
				  66273.5, subsection (a)
				  (including, but not limited to, M003 wastes);
(5) Cathode ray tubes, as described in
				  section 66273.6, subsection (a);
(6) Cathode ray tube glass, as described in
				  section 66273.7, subsection (a);
(7) Aerosol cans, as specified in Health and
				  Safety Code section
				  25201.16;
				  and
(8) Photovoltaic modules, as
				  described in section
				  66273.7.1, subsection
				  (a).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.2 - Applicability-Batteries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Batteries
				  covered pursuant to chapter 23. The requirements of this chapter apply to
				  persons managing batteries, as defined in section
				  66273.9, except those listed in
				  subsection (b) of this section.
(b)
				  Batteries not covered pursuant to this chapter.
(1) State Regulated Batteries.
The requirements of this chapter do not apply to persons
					 managing the following batteries:
(A)
				  Automotive-type spent lead-acid storage batteries. Automotive-type spent
				  lead-acid storage batteries shall be managed pursuant to article 7 of chapter
				  16 of this division. Small sealed lead-acid storage batteries are not
				  automotive-type lead-acid storage batteries.
(B) Batteries that are not yet wastes
				  pursuant to chapter 11 of this division, including those that do not meet the
				  criteria for waste generation in subsection (c) of this section.
(C) Batteries that do not exhibit a
				  characteristic of a hazardous waste as set forth in article 3 of chapter 11 of
				  this division.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.3 - Applicability-Electronic Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Electronic devices covered pursuant to chapter 23.
(1) The requirements of this chapter apply to
				  persons managing electronic devices, as defined in section
				  66273.9, except those listed in
				  subsection (b) of this section.
(2)
				  Discarded electronic devices that are hazardous solely because the device
				  exhibits the characteristic of toxicity specified in section
				  66261.24 and/or are listed in
				  article 4.1 of chapter 11 of this division may be managed as a universal
				  waste.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.4 - Applicability-Mercury-Containing Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Mercury-containing equipment covered pursuant to chapter 23. Except as provided
				  in subsection (b) of this section, the requirements of this chapter apply to
				  persons managing the following mercury-containing equipment:
(1) Thermostats, as defined in section
				  66273.9.
(2) Mercury switches:
(A) Mercury-containing motor vehicle light
				  switches, as defined in section
				  66273.9, that meet listing
				  description M001 in section
				  66261.50, motor vehicles that
				  contain such switches, and portions of motor vehicles that contain such
				  switches;
(B) Non-automotive
				  mercury switches, as defined in section
				  66273.9, that meet listing
				  description M002 in section
				  66261.50, and products that
				  contain such switches.
(3) Dental amalgam, as defined in section
				  66273.9.
(4) Pressure or vacuum gauges, as defined in
				  section 66273.9.
(5) Mercury-added novelties, as defined in
				  section 66273.9 that meet listing
				  description M004 in section
				  66261.50.
(6) Mercury counterweights and dampers, as
				  defined in section
				  66273.9, and products containing
				  mercury counterweights and dampers.
(7) Thermometers, as defined in section
				  66273.9.
(8) Dilators and weighted tubing, as defined
				  in section
				  66273.9.
(9) Mercury-containing rubber flooring, as
				  defined in section
				  66273.9.
(10) Gas flow regulators, as defined in
				  section 66273.9.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.5 - Applicability-Lamps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Lamps covered
				  pursuant to chapter 23. Except as provided in subsection (b) of this section,
				  the requirements of this chapter apply to persons managing the following:
(1) Lamps, as defined in section
				  66273.9, that exhibit a
				  characteristic of a hazardous waste, as set forth in article 3 of chapter 11 of
				  this division;
(2) Mercury-added
				  lamps, as defined in section
				  66273.9, that meet listing
				  description M003 in section
				  66261.50; and/or
(3) Products that contain lamps and/or
				  mercury-added lamps.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.6 - Applicability-Cathode Ray Tubes (CRTs)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CRTs covered pursuant to chapter 23. The
				  requirements of this chapter apply to the following CRTs, as defined in section
				  66273.9, except those listed in
				  subsection (b) of this section:
(1) CRTs that
				  are treated pursuant to subsection (c) of section
				  66273.72 or section
				  66273.73 of this chapter;
				  and
(2) CRTs destined for
				  reclamation at a CRT glass manufacturer or primary or secondary lead
				  smelter.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7 - Applicability - Cathode Ray Tube (CRT) Glass

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CRT glass covered pursuant to chapter 23.
				  The requirements of this chapter apply to the following CRT glass, as defined
				  in section
				  66273.9, except CRT glass listed
				  in subsection (b) of this section:
(1) CRT
				  glass that is further treated pursuant to section
				  66273.73 of this
				  chapter;
(2) CRT glass that is
				  destined for reclamation at a CRT glass manufacturer or primary or secondary
				  lead smelter;
(3) CRT panel glass
				  that is destined for disposal in a CRT panel glass approved landfill;
				  and
(4) CRT funnel glass that is
				  destined for reclamation at a CRT glass manufacturer or primary or secondary
				  lead smelter.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.1 - Applicability - PV Modules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  PV modules covered pursuant to chapter 23:
(1)
				  The requirements of this chapter apply to PV modules, as defined in section
				  66273.9, except PV modules listed
				  in subsection (b) of this section; and
(2) Discarded PV modules that are hazardous
				  solely because the modules exhibit the characteristic of toxicity specified in
				  section 66261.24.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.2 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150,
						25159.5
						and
						25212,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.3 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.4 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.5 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.6 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.7 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.8 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.9 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 23 - Standards for Universal Waste Management › Article 1 - General › Section 66273.7.10 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-13-2003; operative 3-15-2003 (Register 2003, No.
					 7).
2. Repealer filed 2-4-2009; operative 2-4-2009 (Register 2009,
					 No. 6).
Note: Authority cited: Sections
						25141,
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25141,
						25150
						and
						25159.5,
						Health and Safety Code.