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t -,H �-oaes (nsc:l--) 188->> 196) <br />25189.5. (a) The disposal of any hazardous waste, or the causing <br />thereof, is prohibited when the disposal is at a facility which does <br />not have a permit from the department issued pursuant to this <br />chapter, or at any point which is not authorized according to this <br />chapter. <br />(b) Any person who is convicted of knowingly disposing or causing <br />the disposal of any hazardous waste, or who reasonably should have <br />known that he or she was disposing or causing the disposal of any <br />hazardous waste, at a facility which does not have a permit from the <br />department issued pursuant to this chapter, or at any point which is <br />not authorized according to this chapter shall, upon conviction, be <br />punished by imprisonment in a county jail for not more than one year <br />or by imprisonment in the state prison. <br />(c) Any person who knowingly transports or causes the <br />transportation of hazardous waste, or who reasonably should have <br />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 <br />issued pursuant to this chapter, or at any point which is not <br />authorized according to this chapter, shall, upon conviction, be <br />punished by imprisonment in a county jail for not more than one year <br />or by imprisonment in the state prison. <br />(d) Any person who knowingly treats or stores any hazardous waste <br />at a facility which does not have a permit from the department issued <br />pursuant to this chapter, or at any point which is not authorized <br />according to this chapter, shall, upon conviction, be punished by <br />imprisonment in a county jail for not more than one year or by <br />imprisonment in the state prison. <br />(e) The court also shall impose upon a person convicted of <br />violating subdivision (b), (c), or (d), a fine of not less than five <br />thousand dollars ($5,000) nor more than one hundred thousand dollars <br />($100,000) for each day of violation, except as further provided in <br />this subdivision. If the act which violated subdivision (b), (c), or <br />(d) caused great bodily injury, or caused a substantial probability <br />that death could result, the person convicted of violating <br />subdivision (b), (c), or (d) may be punished by imprisonment in the <br />state prison for one, two, or three years, in addition and <br />consecutive to the term specified in subdivision (b), (c), or (d), <br />and may be fined up to two hundred fifty thousand dollars ($250,000) <br />for each day of violation. <br />(f) For purposes of this section, except as otherwise provided in <br />this subdivision, "each day of violation" means each day on which a <br />violation continues. In any case where a person has disposed or <br />caused the disposal of any hazardous waste in violation of this <br />section, each day that the waste remains disposed of in violation of <br />this section and the person has knowledge thereof is a separate <br />additional violation, unless the person has filed a report of the <br />disposal with the department and is complying with any order <br />concerning the disposal issued by the department, a hearing officer, <br />or court of competent jurisdiction. <br />http://www.leginfo.ca.go.../displaycode?section=hsc&group=25001-26000&file=25180-25' <br />Page 1 of 1 <br />