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<br /> 25189.3. (Repealed by Stats. 1991, Ch. 886)
<br /> 25189.5. (a)The disposal of any hazardous waste, or the causing thereof, is prohibited when the disposal is at a facility
<br /> which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized
<br /> according to this chapter.
<br /> (b) Any person who is convicted of knowingly disposing or causing the disposal of any hazardous waste, or who
<br /> reasonably should have known that he or she was disposing or causing the disposal of any hazardous waste, at a facility
<br /> which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized
<br /> according to this chapter shall, upon conviction, be punished by imprisonment in the county jail for not more than one year
<br /> or by imprisonment in the state prison for 16, 24, or 36 months.
<br /> (c) Any person who knowingly transports or causes the transportation of hazardous waste, or who reasonably should
<br /> have known that he or she was causing the transportation of any hazardous waste, to a facility which does not have a permit
<br /> from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall,
<br /> upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state
<br /> prison for 16, 24, or 36 months.
<br /> (d) Any person who knowingly treats or stores any hazardous waste at a facility which does not have a permit from
<br /> the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall, upon
<br /> conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison
<br /> for 16, 24, or 36 months.
<br /> (e) The court shall also impose upon a person convicted of violating subdivision(b), (c), or (d)a fine of not less than
<br /> five thousand dollars ($5,000) or more than one hundred thousand dollars ($100,000) for each day of violation except as
<br /> further provided in this subdivision. If the act which violated subdivision(b), (c), or(d)caused great bodily injury or caused
<br /> a substantial probability that death could result, the person convicted of violating subdivision(b), (c), or(d)may be punished
<br /> by imprisonment in the state prison for up to 36 months, in addition to the term specified in subdivision(b), (c), or(d), and
<br /> may be fined up to two hundred fifty thousand dollars($250,000) for each day of violation.
<br /> (f) For purposes of this section, except as otherwise provided in this subdivision, 'each day of violation' means each
<br /> day on which a violation continues. In any case where a person has disposed or caused the disposal of any hazardous waste
<br /> in violation of this section, each day that the waste remains disposed of in violation of this section and the person has
<br /> knowledge thereof is a separate additional violation,unless the person has filed a report of the disposal with the department
<br /> and is complying with any order concerning the disposal issued by the department, a hearing officer, or court of competent
<br /> jurisdiction.
<br /> (Amended by Stats. 1991, Ch. 886)
<br /> 25189.6. (a) Any person who knowingly,or with reckless disregard for the risk, treats, handles, transports, disposes,
<br /> or stores any hazardous waste in a manner which causes any unreasonable risk of fire, explosion, serious injury, or death
<br /> is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars($5,000)
<br /> or more than two hundred fifty thousand dollars ($250,000) for each day of violation,or by imprisonment in the countyjail
<br /> for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months, or by both the fine and
<br /> imprisonment.
<br /> (b) Any person who knowingly, at the time the person takes the actions specified in subdivision (a), places another
<br /> person in imminent danger of death or serious bodily injury, is guilty of a public offense and shall, upon conviction, be
<br /> punished by a fine of not less than five thousand dollars($5,000)or more than two hundred fifty thousand dollars($250,000)
<br /> for each day of violation, and by imprisonment in the state prison for 3, 6, or 9 years.
<br /> (Amended by Stats. 1989, Ch. 1046.)
<br /> 25189.7. (a) The burning or incineration of any hazardous waste, or the causing thereof, is prohibited when the
<br /> burning or incineration is at a facility which does not have a permit from the department issued pursuant to this chapter, or
<br /> at any point which is not authorized according to this chapter.
<br /> (b) Any person who is convicted of knowingly burning or incinerating, or causing the burning or incineration of, any
<br /> hazardous waste, or who reasonably should have known that he or she was burning or incinerating, or causing the burning
<br /> or incineration of, any hazardous waste, at a facility which does not have a permit from the department issued pursuant to
<br /> this chapter, or at any point which is not authorized according to this chapter, shall, upon conviction, be punished by
<br /> imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months.
<br /> (c) The court shall also impose upon a person convicted of violating subdivision(b)a fine of not less than five thousand
<br /> dollars ($5,000) nor more than one hundred thousand dollars ($100,000) for each day of violation, except as otherwise
<br /> provided in this subdivision. If the act which violated subdivision (b) caused great bodily injury or caused a substantial
<br /> probability that death could result, the person convicted of violating subdivision (b) may be punished by imprisonment in
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