|
§ 25191 - HEA 'D SAFETY CODE
<br /> (3) Destroys, alters, or conceals 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.
<br /> (4) Withholds information regarding a real and substantial danger to the public health or safety
<br /> when such information has been requested by the department and is required to carry out the
<br /> department's responsibilities pursuant to this chapter in response to a real and substantial danger.
<br /> (5) Except as otherwise provided in this chapter, engages in transportation of hazardous waste in
<br /> violation of Section 25160 or 25161, or subdivision (a)or(e)of Section 25163, or in violation of any
<br /> regulation adopted by the department pursuant to those sections,including,but not limited to,failing
<br /> to complete or provide the manifest in the form and manner required by the department.
<br /> (6) Except as otherwise provided in this chapter, produces, receives. stores. or disposes of
<br /> hazardous waste, or submits hazardous waste for transportation, in violation of Section 25160 or
<br /> 25161 or any regulation adopted by the department pursuant to those sections, including, but not
<br /> limited to, failing to complete, provide, or submit the manifest in the forn and manner required by
<br /> the department.
<br /> (7) Transports any waste, for which there is provided a manifest, if the transportation is in
<br /> violation of this chapter or the regulations adopted by the department pursuant thereto.
<br /> (b) The penalties imposed by subdivision(a)on any person who commits any of the acts specified in
<br /> paragraph(5)or(7)of that subdivision shall be imposed only(1)on the owner or lessee of the vehicle
<br /> in which the hazardous wastes are unlawfully transported, carried, or handled or(2) on the person
<br /> who authorizes or causes the transporting, carrying, or handling. These penaltio shall not be
<br /> imposed on the driver of the vehicle, wtlesx the driver is also the owner or lessee of the vehicle or
<br /> authorized or caused the transporting, carrying, or handling.
<br /> If any person other than the person producing the hazardous waste prepares the manifest specified
<br /> in Section 25160,that other person is also subject to the penalties imposed on a person who commits
<br /> any of the acts specified in paragraph (G)of subdivision (a).
<br /> (c) Any person who knowingly does any of the following acts shall. upon conviction, be punished
<br /> by a fine of not more than five hundred dollars(5500)for each day of violation•or by imprisonment in
<br /> the county jail for not to exceed six months,or both the fine and imprisonment. Each day or partial
<br /> day that a violation occurs is a separate violation:
<br /> (1) Transports,or authorizes the transportation of, hazardous waste in a truck, trailer,semitrailer,
<br /> vacuum tank,cargo tank,or container which does not contain a current certificate of compliance,as
<br /> specified in Section 25168.3.
<br /> (2) Carries or handles,or authorizes the carrying or handling of,a hazardous waste without having
<br /> in the driver's possession the manifest specified in Section 25160.
<br /> (d) Any person who knowingly treats or Storrs am• haznrdnus waste at a facility which does not
<br /> have a mrmit from the department i sued pursuant to this chanter. or at anv point which is not
<br /> authorized according to this chapter, shall• upun conviction, be punished by a fine of not less than
<br /> two thousand dollars(52,000)or more than fifty thousand dollars($50,000) for each day of violation,
<br /> or by imprisonment in the county jail for not more than one year, or by both the fine and
<br /> imprisonment. Each day or pirtial day that a violation occurs is a separate violation. If the
<br /> conviction is for a second or subsequent violation of this subdivision,the person shall he punished by
<br /> imprisonment in the state prison for 16.20,or 24 months,or in the county jail for not more than one
<br /> year,or by a fine of not less than five thousand dollars($5,000)or more than fifty thousand dollars
<br /> ($50,000) for each day of violation, or by both the fine and imprisonment.
<br /> (e) Whenever any person is prosecuted for a violation pursuant to paragraph (G) or (7 of
<br /> subdivision (a), subdivision (c), or ' ' ' subdivision (c) of Section 25189.5, the prosecuting attorney
<br /> may take appropriate steps to make the owner or lessee of the vehicle in which the hazardous wastes
<br /> are unlawfully transported, carried, or handled, the driver of the vehicle, or any other person who
<br /> authorized or directed the loading;, maintenance, or operation of the vehicle, who is reasonably
<br /> believed to have violated these provisions,a codefendant. If a codefendant is held solely responsible
<br /> and found guilty, the court may dismiss the charge against the person who was initially-so charged.
<br /> (Amended by Stats.1984,c. 1230, p. § 6; Stats.1985, c. 44, p. —, § 4, urgency. eff. May 20,
<br /> 1985.)
<br /> Underline Indicates changes or additions by amendment
<br /> 68
<br /> it
<br />
|