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Article 8. Enforcement
<br /> (Article 8 added by Stats. 1972, Ch. 1�
<br /> 25180. (a) The standards in this chapter and regulations adopted by the department to implement this chapter
<br /> shall be enforced by the department or any local health officer or any local public officer as designated by the director.
<br /> (b) In addition to the persons specified in subdivision (a), any traffic officer, as defined by Section 625 of the
<br /> Vehicle Code,any peace officer specified in Section 830.1 of the Penal Code,may enforce Section 25160,subdivisions
<br /> (a) and (e) of Section 25163, and subdivision (b) of Section 25169.1, and Sections 25250.8, 25250.18, 25250.19, and
<br /> 25250.23. Traffic officers and peace officers are authorized representatives of the department for purposes of enforcing
<br /> the provisions set forth in this subdivision.
<br /> (c) Local health officers,or the re�ppresentatives,or both,shall enforce the regulations a pied by the department
<br /> pursuant to Section 25157.3. I� Un
<br /> (d) Notwithstanding any limitations in subdivision'(b),a member of the California Highway Patrol may enforce
<br /> Sections 25185,25189,25189.2,25189.5,25191,and 25195,and Article 6(commencing with Section 25160)and Article
<br /> 6.5 (commencing with Section 25167.1), as those provisions relate to the transportation of hazardous waste.
<br /> (Amended by Stats. 1990, Ch. 1686.)
<br /> 25180.1. For purposes of this chapter, "permit" includes matters deemed to he permits pursuant to subdivision
<br /> (c) of Section 25189.6.
<br /> (Added by Stats. 1991, Ch. 805)
<br /> 25180.5. (a) The department,the State Water Resources Control Board,and the California regional water quality
<br /> control boards shall notify the local health officer and director of environmental health of a county, city, or district,
<br /> as specified in subdivision (b),within 15 days after any of the following occur:
<br /> (1) The department's or board's employees are informed or discover that a disposal of hazardous waste has
<br /> occurred within that county, city, or district and that the disposal violates a state or local law, ordinance, regulation,
<br /> rule, license, or permit or that the disposal is potentially hazardous to the public health or the environment.
<br /> (2) The department or board proposes to issue an abatement order or a cease and desist order, to file a civil or
<br /> criminal action,or to settle a civil or criminal action,concerning a disposal of hazardous waste within that county,city,
<br /> • or district.
<br /> (b) The notice given by the department or board pursuant to subdivision (a)shall include all test results and any
<br /> relevant information which the department or board has obtained and which do not contain trade secrets, as defined
<br /> by Section 25173, as determined by the department or board. If the department or board determines that the test
<br /> results or information cannot be disseminated because of current or potential litigation,the department or board shall
<br /> inform the local health officer and director of environmental health that the test results and information shall be used
<br /> by the local health officer and the director of environmental health only in connection with their statutory
<br /> responsibilities and shall not otherwise be released to the public.
<br /> (Added by Stats. 1984, Ch. 719.)
<br /> 25180.7. (a) Within the meaning of this section, a "designated government employee" is any person defined as
<br /> a "designated employee" by Government Code Section 82019, as amended.
<br /> (b) Any designated government employee who obtains information in the course of his official duties revealing
<br /> the illegal discharge or threatened illegal discharge of a hazardous waste within the geographical area of his jurisdiction
<br /> and who knows that such discharge or threatened discharge is likely to cause substantial injury to the public health
<br /> or safety must,within seventy-two hours,disclose such information to the local Board of Supervisors and to the local
<br /> health officer. No disclosure of information is required under this subdivision when otherwise prohibited by law, or
<br /> when law enforcement personnel have determined that such disclosure would adversely affect an ongoing criminal
<br /> investigation,or when the information is already general public knowledge within the locality affected by the discharge
<br /> or threatened discharge.
<br /> (c) Any designated government employee who knowingly and intentionally fails to disclose information required
<br /> to be disclosed under subdivision (b) shall, upon conviction, be punished by imprisonment in the county jail for not
<br /> more than one year or by imprisonment in state prison for not more than three years. The court may also impose
<br /> upon the person a fine of not less than five thousand dollars ($5000) or more than twenty-five thousand dollars
<br /> ($25,000). The felony conviction for violation of this section shall require forfeiture of government employment within
<br /> thirty days of conviction.
<br /> • (d) Any local health officer who receives information pursuant to subdivision (b) shall take appropriate action
<br /> to notify local news media and shall make such information available to the public without delay.
<br /> (Added by Proposition 65, 1986 General Election.)
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