HEALTH AND SAF... ,E § 2191
<br /> (c) Any person who knowingly transports or causes the transportation of hazardous waste,or who
<br /> reasonably should have known that he or she was causing the transportation of any hazardous
<br /> waste, to a facility which does not have a permit from the department issued pursuant to this
<br /> chapter,or at any point which is not authorized according to this chapter, shall, upon conviction, be
<br /> punished by imprisonment in the county jail for not more than one year or by imprisonment in the
<br /> state prison for 16, 24, or 36 months.
<br /> (d) The court shall also impose upon a person convicted of violating subdivision(b)or(c) a fine of
<br /> not less than five thousand dollars($5,000)or more than fifty thousand dollars($50,000)for each day
<br /> of violation.
<br /> (Amended by Stats-1984, c. 1538, p. —, § 1; Slats.1985, c. 44, p. § 2, urgency, eff. May 20,
<br /> 1985.)
<br /> 1994 Amendment. Rewrote the section to read: "(c) Any person who knowingly lranspons or causes the
<br /> "(a)The disposal of any hazardous waste,or the caJsing
<br /> transportation of hazardous waste, or who ruwnably
<br /> thereof,is prohibited when the disposal is at a facility which should have known that he or she was causing the transpor.
<br /> does not have a permit from the department issued pursuant t°uon of any hazardous waste.to a facility which does not
<br /> to this chapter or at any point which is not authorised have a permit from the department issued pursuant to this
<br /> according to this chapter. chapter.or at any point which n not authonzed according
<br /> to this chapter, shall, upon conviction, be punished by
<br /> "(b)Any person who is convicted of knowingly disposing imprisonment in the county jail for not more than one year
<br /> or causing the disposal of any hazardous waste, or who or by imprisonment to the state prison for 16, 24. or 16
<br /> reasonably should have known that he or she was disposing months.
<br /> at causing the disposal of any hazardous waste,at a facility "(d) The court may also impose upon a person convicted
<br /> which does not have a permit from the department issued of violating subdivision(b)or(c)a Fine of not Icss than five
<br /> pursuant to this chapter, or at any point which is not thousand dollars(55.000)or more than fifty thousand dol.
<br /> TT�l7 authorized according to this chapter shall,upon convection, Ian(150,000)for each dey of violation."
<br /> be punished by imprisonment in the county jail for not more 1983 Amendment. Added a comma following the fent
<br /> than one year or by imprisonment in the state prison for 16. use of"chapter" in subd. (ay. and substituted "shall" for
<br /> 24.or 36 months "may"at the beginning of subd.(d).
<br /> ¢ 25190. Violators guilty of misdemeanor, subsequent violations
<br /> Except as otherwise provided in Sections 25189.5,25191, ' ' ' and 25195, any person who violates
<br /> any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or
<br /> adopted pursuant to this chapter, is, upon conviction, guilty of a misdemeanor.
<br /> If the conviction is for a second or subsequent violation, the person shall, upon conviction, be
<br /> punished by imprisonment in the county jail for not more than one year or by iinpri.onment in the
<br /> state prison for 16,20,or 24 months. The court shall also impose upon the person a fine of not less
<br /> than five thousand dollars($5,000)or more than twenty-five thousand dollars ($''5,000).
<br /> (Added by Stats.1984, c. 1539, p. § 1.3. Amended by Stats.1985, c. 44, p. —, § 3, urgency,
<br /> eff. May 20, 1985.)
<br /> 1985 Amendment. substituted "shall" for "may' near
<br /> the beginning of the list sentence.
<br /> ¢ 2519I. Acts Subject to fine or imprisonment
<br /> (a) Any person who knowingly does any of the following acts shall, upon conviction, be punished
<br /> by a fine of not less than two thousand dollars ($2L
<br /> or more than twenty-five thousand dollars
<br /> ($25,000)for each day of violation,or by imprisonment in the county jail for not more than one year,
<br /> or by both the fine and imprisonment. Each day or partial day that a violation occurs is a separate
<br /> violation. If the conviction is for a second or subsequent violation of this subdivision, the person
<br /> s all be punished by imprisonment in the state prison for 16.20,or 24 months, or in the county jail
<br /> for not more than one year,or by a fine of not less than two thousand dollars($2,000)or more than
<br /> fifty thousand dollars ($50,000) for each day of violation, or by both the fine and imprisonment:
<br /> (1) Makes any false statement or representation in any application, label, manifest, record, report,
<br /> permit,or other document filed,maintained,or used for the purposes of compliance with this chapter.
<br /> (2) Has in his or her possession any record relating to the generation. storage, treatment,
<br /> transportation, disposal,or handling of hazardous waste required to be maintained pursuant to this
<br /> chapter, that has been altered or concealed, whether altered or concealed prior to January 1, 1982.
<br /> Asterisks ' • Indicate deletions by amendment
<br /> 67
<br /> I .
<br />
|