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(d) For purposes of subdivision (b), the following of the department conducting an inspection pursuant to
<br /> definitions apply: Section 25185,shall,if appropriate,impose a civil penalty
<br /> (1) The current reporting year is the calendar year pursuant to Section 25187, in an amount not to exceed
<br /> immediately preceding the year in which the report is to one thousand dollars ($1,000) for each day the violation
<br /> be prepared. of this article continues,notwithstanding Section 25189.2.
<br /> (2) The baseline year is either of the following, (b) If a generator fails to respond to a request for a
<br /> whichever is applicable: copy of its review and plan, plan summary, report, or
<br /> (A) For the initial report, the baseline year is the report summary made by the department pursuant to
<br /> calendar year selected by the generator for which subdivision(c)of Section 25244.18,or by a local agency
<br /> substantial bazardous waste generation,or onsite or offsite pursuant to subdivision(g)of Section 25244.18,within 30
<br /> management data is available, prior to 1991, except the days from the date of the request, the department shall, if
<br /> generator may select 1990 as the baseline year. If the appropriate, assess a civil penalty pursuant to Section
<br /> generatot selects 1990 as the baseline year for the initial 25187, in an amount not to exceed one thousand dollars
<br /> report,the information required pursuant to paragraph(3) (51,000) for each day the violation of this article
<br /> of subdivision (b) for the initial report shall be provided continues, notwithstanding Section 25189.2.
<br /> for the 1990 calendar year only. (c) (1) Any person may request the department to
<br /> (B) For all subsequent reports, the baseline year is certify that a generator is in compliance with this article
<br /> the current reporting year of the immediately preceding by having the department certify that the generator has
<br /> report. properly completed the review and plan, plan summary,
<br /> (e) If a generator owns or operates multiple sites report and report summary required pursuant to Sections
<br /> with similar processes,operations,and waste streams,the 25244.19 and 25244.20. The department shall respond
<br /> generator may prepare a single multisite report and report within 60 days to a request for certification. Upon
<br /> summary addressing all of these sites. receiving a request for certification,the department shall
<br /> (f) Every report and report summary completed request from the generator, which is the subject of the
<br /> pursuant to this section shall be submitted by the request, a copy of the generator's review and plan, plan
<br /> generator for review and certification by an engineer who summary, report, and report summary, pursuant to
<br /> is registered as a professional engineer pursuant to Section subdivision (c) of Section 25244.19, if the department
<br /> 6762 of the Business and Professions Code and who has does not have these documents. The department shall
<br /> demonstrated expertise in hazardous waste management, forward a copy of the review and plan, plan summary,
<br /> by an individual who is responsible for the processes and report, and report summary to the person requesting
<br /> operations of the site, or by an environmental assessor certification,within 10 days after the department receives
<br /> who is registered pursuant to Section 25570.3 and who the request for certification or receives the review and
<br /> has demonstrated expertise in hazardous waste plan, plan summary, report, and report summary,
<br /> management. The engineer,individual,or environmental whichever is later. The department shall protect trade
<br /> assessor shall certify the report and report summary only secrets in accordance with Section 25244.23 in a review
<br /> if the report and report summary meet all of the following and plan, plan summary, report, or report summary,
<br /> requirements, as applicable: requested to be released pursuant to this subdivision.
<br /> (1) The report identifies factors that affect the (2) This subdivision does not prohibit any person
<br /> generation and onsite and offsite management of from directly requesting from a generator a copy of the
<br /> hazardous waste and summarizes the effect of those review and plan, plan summary, report, or report
<br /> factors on the generation and onsite and offsite summary. Solely for the purposes of responding to a
<br /> management of hazardous wastes. request pursuant to this subdivision, the department shall
<br /> (2) The report summary complies with the deem the review and plan,plan summary,report,or report
<br /> requirements specified in subdivision (c). summary to be a public record subject to Section 25152.5,
<br /> (Added by Stats. 1989, Ch. 1218.) and shall act in compliance with that section.
<br /> (Amended by Stats. 1992, Ch. 1344)
<br /> 25244.21. (a) Every generator shall retain the
<br /> original of the current review and plan, plan summary, 25244.22. Commencing July 1, 1994, and every
<br /> report, and report summary, shall maintain a copy of the other year thereafter,the director shall prepare and submit
<br /> current review and plan,plan summary,report,and report to the Governor and the Legislature a report of the
<br /> summary at each site, or,for a multisite review and plan, department's operations and activities in carrying out this
<br /> plan summary, report, or report summary, at a central article. The director may include this report within the
<br /> location, and upon request, shall make it available to any report required under Section 25171. This report shall
<br /> authorized representative of the department conducting an include, but not be limited to, all of the following
<br /> inspection pursuant to Section 25185. If a generator fails, information:
<br /> within five days, to make available to the inspector the (a) An evaluation of the hazardous waste source _
<br /> review and plan, plan summary, report, or report reduction progress in the state.
<br /> summary,the department or any authorized representative (b) Recommendations for legislation.
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