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2S133. When the department det4ones that any person has engaged in,is enge in,or is about to engage in
<br /> any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule,
<br /> regulation, permit, covenant, standard, requirement, or order issued, promulgated, or executed thereunder,and when
<br /> requested by the department, the city attorney of the city in which such acts or practices occur,occurred,or will occur,
<br /> the district attorney of the county in which such acts or practices occur, occurred, or will occur, or the Attorney
<br /> General may make application to the superior court for an order enjoining such acts or practices, or for an order
<br /> directing compliance, and upon a showing by the department that such person has engaged in or is about to engage
<br /> in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
<br /> (Amended by Stats. 1980, Ch. 804.)
<br /> 25182. Every civil action brought under the provisions of this chapter at the request of the department shall be
<br /> brought by the city attorney, the district attorney, or the Attorney General in the name of the people of the State of
<br /> California, and any such actions relating to the same processing or disposal of hazardous wastes may be joined or
<br /> consolidated.
<br /> (Amended by Stats. 1980, Ch. 804.)
<br /> 25183. Any civil action brought pursuant to this chapter shall he brought in the county in which the processing
<br /> or disposal of hazardous waste is made or proposed to be made, the county in which the principal office of the
<br /> defendant is located, or the county in which the Attorney General has an office nearest to the county in which the
<br /> principal office of the defendants, or any of them is located in this state.
<br /> (Added by Stats. 1982, Ch. 496.)
<br /> 25184. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary
<br /> injunction,or permanent injunction is sought,it shall not be necessary to allege or prove at any stage of the proceeding
<br /> that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent
<br /> injunction not be issued; or that the remedy at law is inadequate, and the temporary restraining order, preliminary
<br /> injunction, or permanent injunction shall issue without such allegations and without such proof.
<br /> (Added by Stars. 1972, Ch. 1236.)
<br /> 25185. (a) In order to carry out the purposes of this chapter, any duly authorized representative of the •
<br /> department or of the local health officer may, at any reasonable hour of the day, or as authorized pursuant to Title
<br /> 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, do any of the following:
<br /> (1) Enter and inspect a factory,plant,construction site,waste disposal site,transfer station,establishment or any
<br /> other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to
<br /> recover resources.
<br /> (2) Carry out any sampling activities necessary to carry out this chapter, including obtaining samples from any
<br /> individual or taking samples from the property of any person or from any vehicle in which any authorized
<br /> representative of the department or a local health officer reasonably believes has transported or is transporting
<br /> hazardous waste. However, upon request, split samples shall be given to the person from whom, or from whose
<br /> property or vehicle, the samples were obtained.
<br /> (3) Stop and inspect any vehicle reasonably suspected of transporting hazardous wastes when accompanied by
<br /> a uniformed police officer in a clearly marked vehicle.
<br /> (4) Inspect and copy any records, reports, test results, or other information required to carry out this chapter.
<br /> (5) Photograph any waste,waste container,waste container label,vehicle,waste treatment process,waste disposal
<br /> site, or condition constituting a violation of law found during an inspection. (b) During the inspection, the
<br /> inspector shall comply with all reasonable security, safety, and sanitation measures. In addition, the inspector shall
<br /> comply with reasonable precautionary measures specified by the operator.
<br /> (c) A report listing any violations found during the inspection shall be prepared by the inspector and shall be
<br /> kept on file in the department. A copy of the report shall be provided to the operator.
<br /> (d) Whenever photographs have been taken pursuant to paragraph (5) of subdivision (a), the department shall
<br /> comply with all procedures established pursuant to Section 25173 and shall notify the person whose facility was
<br /> photographed prior to public disclosure of the photographs,and, upon request of that person, shall submit a copy of
<br /> any photograph to that person for the purpose of determining whether trade secret information,as defined in Section
<br /> 25173,or facility security would be revealed by the photograph. "Public disclosure," as used in this section, shall not
<br /> include review of the photographs by a court of competent jurisdiction or an administrative law judge. That review
<br /> may be conducted in camera at the discretion of the court or judge. •
<br /> (e) "Local health officer," as used in this section, means county health officers, city health officers, and district
<br /> health officers, as defined in this code.
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