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Summary of Laws and Regulations for
<br /> *CA IIA*
<br /> CalDES Hazardous Material Spill / Release Reporting
<br /> GOVERNOR'SOFFICE
<br /> OF EMEROERCY SERVICES
<br /> business shall also be assessed the full cost of the county, city, fire district, local EMS agency designated
<br /> pursuant to Section 1797.200, or poison control center as defined by Section 1797.97, emergency
<br /> response, as well as the cost of cleaning up and disposing of the hazardous materials.
<br /> (b) Notwithstanding Section 25515, a business that knowingly violates this article after reasonable notice
<br /> of the violation is liable for an administrative penalty, not greater than five thousand dollars ($5,000) for
<br /> each day in which the violation occurs.
<br /> (c) When a unified program agency issues an enforcement order or assesses an administrative penalty, or
<br /> both, for a violation of this article, the unified program agency shall utilize the administrative
<br /> enforcement procedures, including the hearing procedures, specified in Sections 25404.1.1 and
<br /> 25404.1.2.
<br /> Ea
<br /> State Laws & Regulations: HSC 25515.2
<br /> h. Enforcement—Civil Criminal
<br /> HSC 25515.3. (a) A person or business that violates Section 25510 shall, upon conviction, be punished by
<br /> a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by
<br /> imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. If the
<br /> conviction is for a violation committed after a first conviction under this section, the person shall be
<br /> punished by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars
<br /> ($50,000) per day of violation, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
<br /> Code for 16, 20, or 24 months or in a county jail for not more than one year, or by both the fine and
<br /> imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency,
<br /> including a fire, to which the county or city is required to respond, the person shall also be assessed the
<br /> full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the
<br /> hazardous materials.
<br /> (b) Notwithstanding subdivision (a), a person who knowingly fails to report, pursuant to Section 25510,
<br /> an oil spill occurring in waters of the state, other than marine waters, shall, upon conviction, be punished
<br /> by a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more
<br /> than one year, or by both that fine and imprisonment.
<br /> (c) Notwithstanding subdivision (a), a person who knowingly makes a false or misleading report on an oil
<br /> spill occurring in waters of the state, other than marine waters, shall, upon conviction, be punished by a
<br /> fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than
<br /> one year, or by both that fine and imprisonment.
<br /> (d) This section does not preclude prosecution or sentencing under other provisions of law.
<br /> Ea � State Laws & Regulations: HSC 25515.3
<br /> Page 6 California Governor's Office of Emergency Services 3650 Schriever Ave Mather, CA95655 Feb 2014
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