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551.3.1
<br />HEALTH AND SAFETY CODE
<br />charged at the. rate of interest earned by the Pooled Money
<br />Investment Account on the date when the loan is made.
<br />(e) There is hereby appropriated from the General Fund to
<br />the Controller, the funds necessaryto make the loans pursuant
<br />to this section. -
<br />(f) If a county does not repay the loan and interest thereon
<br />within the time required by subdivision (d), the Controller shall
<br />withhold the amount which is unpaid from any state payments
<br />which are due to the county. (Added by Stats.1986, c. 463, § 19,
<br />eff. July 23, 1986.)
<br />§ 25514. Civil liability -
<br />(a) Any business that violates Sections 255035 to 25505,
<br />inclusive, or Sections 25508 to 25510, inclusive, -shall be civilly
<br />liable to the administering county or city in an amount of not
<br />more than two thousand dollars ($2,000) for each day in which
<br />the violation occurs. If the violation results in, or significantly
<br />contributes to, an emergency; including a fire, the business shall
<br />also os
<br />be assessed the full cost of the county or city emergency
<br />response, as well as the cost of cleaning up and disposing of the
<br />hazardous materials.
<br />(b) Any business that knowingly violates Sections 25503.5 to
<br />25505, inclusive, or Sections ' 25508 to 25510, inclusive, after
<br />reasonable notice of the violation shall be civilly liable to the
<br />administering county or city in an amount not to exceed five
<br />thousand dollars ($5,000) for each day in which the violation
<br />occurs. (Added by Stats.1985, e. 1167,:§.1.)
<br />§ 255143. Violations of specified sections; misdemeanor
<br />Any person that knowingly violates Section 25503.5, 25503.7,
<br />8, 25505, 25508, 25509, 25509.3, 25510, or 25533 after
<br />iable notice of the violation, is, upon conviction, guilty of a
<br />misdemeanor. This section does not preempt any other applica-
<br />ble criminal or civil penalties. (Added by Stats.1991, c. 1183
<br />(A.B.928), § 9.)
<br />§ 255145. Civil liability; administrative civil penalty
<br />(a) Notwithstanding Section 25514, any business which vio-
<br />fates this article is civilly liable. to an administering agency for an
<br />administrative civil penalty, in an amount which shall be set by
<br />the governing body of the administering agency, but not greater
<br />than two thousand dollars ($2,000) for each day in which the
<br />violation occurs. - If the violation results in, or significantly
<br />contributes to, an emergency, including a fire or health or
<br />medical problem requiringtoxicological; health, or medical
<br />consultation, the business shall also be assessed the full cost of
<br />the county, city, fire district, local EMS' agency designated
<br />pursuant to Section 1797.200; or poison control center as defined
<br />by Section 1797.97, emergency response, as well as the cost of
<br />cleaning up and disposing of the hazardous materials, or acutely
<br />hazardous materials. -
<br />(b) Notwithstanding Section 25514, any business that know-
<br />ingly violates this article after reasonable notice of the violation
<br />is civilly liable for an administrative penalty, in an amount which
<br />shall be set by the governing body of the administering agency,
<br />but not greater than five thousand dollars ($5,000) for each day
<br />in which the violation occurs.
<br />(c) An -administering agency shall collect the penalty imposed
<br />by this section pursuant to Section 25514.6.
<br />(d) A penalty shall not be recoverable pursuant to this section
<br />and Section 25514 for the same violation. -
<br />(e) The purpose of this section and Section 25514.6 is to
<br />oval agencies with an alternative and effective means of
<br />.g public laws on the handling of hazardous materials and
<br />auaiely hazardous materials.
<br />530
<br />(f) In assessing the civil penalty, the administering agency
<br />shall consider the extent of harm caused by the violation. the
<br />nature and persistence of the violation, the length of time over
<br />which the violation occurs, the -frequency of past violations. any
<br />action taken to mitigate the violation, and the financial burden to
<br />the violator.
<br />(g) In all civil penalties collected pursuant to this section, the
<br />amount of two hundred dollars ($200) shall first be deducted
<br />from the amount of the penalty. This two hundred dollars
<br />($200) shall be deposited in the Hazardous Materials Enforce-
<br />ment and Training Account , which shall be available for
<br />expenditure pursuant to Title 13 (commencing with Section
<br />14300) of Part 4 of the Penal Code.
<br />(h) Notwithstanding Section 25515.2, after payment of the
<br />two hundred dollars ($200) for the .Hazardous Materials En-
<br />forcement and Training Account, all penalties collected pursuant
<br />to this section shall be apportioned in the following manner:
<br />(1) Seventy-five percent to the administering agency which
<br />shall reimburse the county, city, fire district, local EMS agency,
<br />as designated pursuant to Section 1797.200 or the poison control
<br />center, as defined by Section 1797.97, for that portion of the
<br />penalty designated for the expenses of the county, city, fire
<br />district, local EMS agency or poison control center, respectively.
<br />(2) Twenty-five percent to the principal agency which assisted
<br />the administering agency in its investigation. (Added by Stars.
<br />1990, a 1662 (S.B.2263), § 6. Amended.by Stats -1991, c 1128
<br />(S.B.49), § 8; Stam1992, c 743 (AB.2280), § 1.)
<br />§ 25514.6. Civil liability; complaint; hearings; orders; review
<br />(a) Notwithstanding Section 25516.1, the administering agen-
<br />cy may issue a complaint to any person on whom civil liability
<br />may be imposed pursuant to Section 13009.6, 25514 or 25514.5.
<br />The complaint shall allege the acts or failures to act that
<br />constitute a basis for liability and the amount of the proposed
<br />civil liability. The complaint shall be served by personal service
<br />or certified mail and shall inform the party so served that a
<br />hearing shall be conducted within 60 days after the party has
<br />been served, unless the parry waives the right to a hearing. If
<br />the parry waives the right to a hearing, the administering agency
<br />shall issue an order setting liability in the amount proposed in
<br />the complaint unless the administering agency and the party have
<br />entered into a settlement agreement, in which case the adminis-
<br />tering agency shall issue an order setting liability in the amount
<br />specified in the settlement agreement. Where the parry has
<br />waived -the right to a hearing or where the administering agency
<br />and the parry have entered into a settlement agreement. the
<br />order shall not be subject to review by any court or agency.
<br />(b) After conducting any hearing required under this section,
<br />the administering agency shall, within 30 days after the case is
<br />submitted, issue a decision, including anorder setting the
<br />amount of civil penalty to be imposed.
<br />(c) Orders setting civil liability issued under this section shall
<br />become effective and final upon issuance thereof, and payment
<br />shall be made within 30 days of issuance. Copies of these orders
<br />shall be served by personal service or by certified mail upon the
<br />parry. served with the complaint and upon other persons who
<br />appeared at the hearing and requested a copy.
<br />(d) Within 30 days after service of a copy of a decision issued
<br />by the administering agency, any person so served may file with
<br />the superior court a petition for writ of mandate for review of the
<br />decision. Any person who fails to file the petition within this 30 -
<br />day period may not challenge the reasonableness or validity of a
<br />decision or order of the hearing officer in any judicial proceed-
<br />ings brought to enforce the decision or order or for other
<br />remedies. Except as otherwise provided in this section, Section
<br />1094.5 of the Code of Civil Procedure shall govern any proceed -
<br />531
<br />ines conducted e.
<br />pursuant to this
<br />of the administ;
<br />substantial evider:
<br />for writ of mand.
<br />assessed pursuar,
<br />prohibit the tour.
<br />jurisdiction.
<br />(e) This sectio -
<br />has adopted a wr.
<br />Srats.1990, c 166--
<br />§
<br />66=
<br />§ 25515. Fines a
<br />Any person or
<br />conviction. be pu
<br />thousand dollars
<br />imprisonment in t
<br />both the fine an
<br />violation commit,_
<br />the person shall
<br />thousand dollars
<br />(550,000) per dad
<br />prison for 16. 20, c
<br />than one year, or
<br />more, if the violas
<br />emergency, inclu�:
<br />required to respe-
<br />cost of the county
<br />of cleaning up and
<br />by Stars.198. , c. I.;
<br />§ 2$515.1. Inter-
<br />Any
<br />nterAny person whc
<br />to impede the en
<br />representative of
<br />guilty of a misdem
<br />July 23, 1986. )
<br />§ 25515.2. Crim.
<br />ardous Mater
<br />wards
<br />(a) All crimina.
<br />shall be apportion.
<br />(1) Fifty percer:
<br />district attorney, c
<br />the action.
<br />(2) Fifty perc-
<br />responsible for the
<br />(b) All civil pe -
<br />be apportioned in
<br />(1) Fifty percer
<br />district artomey.
<br />the action.
<br />(2) Fifty perce
<br />the investigation
<br />(c) In all civi;
<br />imposed, the am
<br />deducted from the
<br />the amount is ar
<br />This two hundr-.
<br />Hazardous Mate.
<br />shall be availabi:
<br />mencing with Sc
<br />(d) If a rewar,
<br />the amount of the
<br />the criminal or c
<br />
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