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HEALTH AND SAFETY CODE
<br />(d) Before suspending a permit pursuant to this section, the
<br />department shall notify the owner or operator of its intent to do
<br />so, and shall allow the owner or operator a minimum of 30 days
<br />in which to cure the delinquency.
<br />(e) The department may deny a new permit or refuse to
<br />renew a permit on the same grounds for which the department is
<br />required to suspend a permit under this section, subject to the
<br />same requirements and conditions.
<br />(f)(1) The department shall reinstate a permit that is suspend-
<br />ed pursuant to this section upon payment of the amount due, if
<br />the permit has not otherwise been revoked or suspended
<br />pursuant to any other provision of this chapter or regulation.
<br />Until the department reinstates a permit suspended pursuant to
<br />this section, if the facility stores, treats, disposes of, or recycles
<br />hazardous wastes, the facility shall be in violation of this chapter.
<br />If the operator of the facility subsequently pays the amount due,
<br />the period of time for which the operator shall have been in
<br />violation of this chapter shall be from the date of the activity that
<br />is in violation until the day after the owner or operator submits
<br />the payment to the department.
<br />(2) Except as otherwise provided in this section, the depart-
<br />ment is not required to take any other statutory or regulatory
<br />procedures governing the suspension of the permit before
<br />suspending a permit in compliance with the procedures of this
<br />section.
<br />(g)(1) A suspension under this section shall be stayed yhile an
<br />authorized appeal of the fee or penalty is pending before a court
<br />or an administrative agency.
<br />(2) For purposes of this subdivision, "an authorized appeal"
<br />means any appeal allowed pursuant to an applicable regulation
<br />or statute.
<br />(h) The department may suspend a permit under this section
<br />based on a failure to pay the required fee or penalty that
<br />commenced prior to January 1, 2002, if the failure to pay has
<br />been ongoing for at least 30 days following that date.
<br />(i) Notwithstanding Section 43651 of the Revenue and Taxa-
<br />tion Code, the suspension of a permit pursuant to this section,
<br />the reason for the suspension, and any documentation support-
<br />ing the suspension, shall be a matter of public record.
<br />0)(1) This section does not authorize the department to
<br />suspend a permit held by a government agents if the agency does
<br />not dispute the payment but nonetheless is unable to process the
<br />payment in a timely manner.
<br />(2) This section does not apply to a site owned or operated by
<br />a federal agency if the department has entered into an agree-
<br />ment with that federal agency regarding the remediation of that
<br />site.
<br />(k) This section does not limit or supersede Section 25186.
<br />Stats.2001, C. 461 (A.B. 1259), § 1.
<br />251895. isposal, treatment or storage at, or transportation
<br />o, facilities without permits or at unauthorized points;
<br />punishment
<br />(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 knowing}y disposing or
<br />causing the disposal of any hazardous waste, or who reasonably
<br />should have known that he or she was disposing or causing the
<br />disposal of any hazardous waste, at a facility which does not have
<br />a permit from the department issued pursuant to this chapter, o
<br />at any point which is not authorized according to this chapter
<br />shall, upon conviction, be punished by imprisonment in a county
<br />328
<br />jail for not more than one year or by imprisonment in the state
<br />prison . -
<br />(c) Any person who knowingly transports or causes the
<br />transportation of hazardous waste, or who reasonably should
<br />have known that he or she was causing the transportation of any
<br />hazardous waste, to a facility which does not have a permit from
<br />the department issued pursuant to this chapter, or at any point
<br />which is not authorized according to this chapter, shall, upon
<br />conviction, be punished by imprisonment in a county jail for not
<br />more than one year or by imprisonment in the state prison .
<br />[--#-(d) Any person who knowingly treats or stores any hazardous
<br />I waste at a facility which does not have a permit from the
<br />department issued pursuant to this chapter, or at any point which
<br />is not authorized according to this chapter, shall, upon convic-
<br />tion, be punished by imprisonment in a county jail for not more
<br />than one year or by imprisonment in the state prison .
<br />(e) The court also shall impose upon a person convicted of
<br />violating subdivision (b), (c), pr (d), a fine of not less than five
<br />thousand dollars ($5,000) nor more than one hundred thousand
<br />dollars ($100,000) for each day of violation. except as further
<br />provided in this subdivision. If the act which violated subdivi-
<br />sion (b), (c), or (d) caused great bodily injury, or caused a
<br />substantial probability• that death could result, the person
<br />convicted of violating subdivision (b). (c). or (d) may be
<br />punished by imprisonment in the state prJson for one, two, or
<br />three years, in addition and consecutive to the term specified in
<br />subdivision (b), (c), or (d), and may be fined up to two hundred
<br />fifty thousand dollars (S250.000) for each day of violation.
<br />(f) For purposes of this section, except as otherwise provided
<br />in this subdivision, "each day of violation � means each day on
<br />which a violation continues. In any case vyhere a person has
<br />disposed or caused the disposal of an hazardous waste in
<br />violation of this section, each day that the waste remains
<br />disposed of in violation of this section and the person has
<br />knowledge thereof is a separate additional violation, unless the
<br />person has filed a report of the disposal with the department and
<br />is complying with any order concerning the disposal issued by the
<br />department, a hearing officer, or court of competent jurisdiction.
<br />(Added by Stats.1982, c. 496. § 11, eff. Juh 12. 1982. Amended by
<br />Stats.1984, e. 1538, § 1; Stats.1985. c. 44. § 2. eff. May 20, 1985;
<br />Initiative Measure, Nov. 4. 1986; Sntrs.19S9. c. 1411, § 3, eff. Oct.
<br />2, 1989; Stats.1991, c. 886 (S.B.966). § S. _-Emended by Stats.
<br />1999, e. 706 (A.B.1236), § 1, eff. Oct. 10. 1999.)
<br />§ 25189.6. Knowingly or with reckless disregard treating,
<br />handling, transporting, disposing or storing in manner
<br />causing unreasonable risk; public offense: penalties
<br />(a) Any person who kmowingly, or with reckless disregard for d
<br />the risk, treats, handles, transports,isposes, or stores any
<br />hazardous waste in a manner which causes any unreasonable risk
<br />of fire, explosion, serious injury, or death is guilty of a public
<br />offense and shall, upon conviction, be punished by a fine of not
<br />less than five thousand dollars (5=,000) nor more than two
<br />hundred fifty thousand dollars (S250.000) for each day of
<br />violation, or by imprisonment in a county jail for not more than
<br />one year, or by imprisonment in the state prison , or by both the
<br />fine and imprisonment.
<br />(b) Any person who knowingly, at the time the person takes
<br />the actions specified in subdivision (a), places another person in
<br />imminent danger of death or serious bodily injury, is guilty of a
<br />public offense and shall. upon conviction. be punished by a fine
<br />of not less than five thousand dollars ($5.000) nor more than two
<br />hundred fifty thousand dollars (S'_50,000) for each day of
<br />violation, and by imprisonment in the state prison for 3, 6, or 9
<br />r years. (Added by Stats.1983, c. 1380. § 1. Amended by Stats.
<br />1989, c. 1046, § 1; Stats.1999, c. 706 (A.B.1236). § 2, eff. Oct. 10.
<br />1999.)
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<br />§ 25189.7. Burning
<br />unauthorized poi
<br />(a) The burning or
<br />causing thereof, is prc
<br />at a facility which do,
<br />issued pursuant to tt.
<br />authorized according
<br />(b) Any person w
<br />incinerating, or caw
<br />hazardous waste, or
<br />or she was burning
<br />incineration of, any 1
<br />have a permit frorr.
<br />chapter, or at any po
<br />chapter, shall, upon
<br />a county jail for not
<br />the state prison .
<br />(c) The court alst
<br />violating subdivisior
<br />dollars ($5,000) not
<br />($100,000) for ear
<br />provided in this sul
<br />cion (b) caused gt
<br />probability that do
<br />violating subdivisio
<br />the state prison fo
<br />consecutive to the
<br />fined up to two ht
<br />each day of viol!
<br />Amended by Slats.I
<br />§ 25190. violator
<br />tions
<br />Except as other
<br />25189.7, and 25191
<br />chapter, or any pet
<br />issued or adopted
<br />guilty of a misden
<br />more than one the
<br />up to six months
<br />imprisonment.
<br />If the convictio:
<br />person shall, upot
<br />the county jail for
<br />the state prison ft
<br />impose upon the
<br />dollars ($5,000)
<br />($25,000). (Add(
<br />Stats.1985, c. 44,
<br />Stats.1988, c. 138(
<br />Stats.1989, c. 14:
<br />(A.B.885), § 1.)
<br />§ 25191. Acts s
<br />(a)(1) Any pt
<br />specified in subs
<br />by a fine of not 1
<br />than twenty-five
<br />violation, or by
<br />than one year, o
<br />(2) If the con
<br />subdivision (b),
<br />the state prison
<br />not more than
<br />thousand dolla
<br />($50,000) for e
<br />imprisonment.
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