Bill Text: CA SB642 | 2023-2024 | Regular Session | Chaptered
Bill Title: Hazardous materials: enforcement: county counsel.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-09-01 - Chaptered by Secretary of State. Chapter 154, Statutes of 2023. [SB642 Detail]
Download: California-2023-SB642-Chaptered.html
Senate Bill
No. 642
CHAPTER 154
An act to amend Sections 25117, 25181, 25182, 25191.7, 25192, 25270.12, 25299, 25299.01, 25299.02, 25515.5, 25515.6, 25515.7, 25516, 79705, and 118325 of the Health and Safety Code, relating to hazardous materials.
[
Approved by
Governor
September 01, 2023.
Filed with
Secretary of State
September 01, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 642, Cortese.
Hazardous materials: enforcement: county counsel.
Existing law regulates the generation, transportation, and disposal of hazardous materials. Existing law authorizes the city attorney, district attorney, and the Attorney General, at the request of the Department of Toxic Substances Control or a unified program agency, to bring an action seeking to enjoin a violation of laws and regulations governing the generation, transportation, and disposal of hazardous materials. Existing law specifies that every civil action brought at the request of the department or a unified program agency is to be brought by the city attorney, the county attorney, the district attorney, or the Attorney General in the name of the people of the State of California and that those actions relating to the same processing or disposal of hazardous waste may be joined or consolidated.
This bill would authorize the county
counsel to bring an action seeking to enjoin a violation of laws and regulations governing the generation, transportation, and disposal of hazardous materials. The bill would specify that county counsel, at the request of the department or a unified program agency, is authorized to bring a civil action in the name of the people of the State of California to enforce laws and regulations governing the generation, transportation, and disposal of hazardous materials.
Existing law requires certain businesses that handle hazardous materials to prepare a business and area plan relating to the handling and release or threatened release of hazardous materials and authorizes the city attorney, district attorney, and Attorney General to bring an action to enforce these requirements. Existing law regulates the operation of underground storage tanks and aboveground storage tanks and authorizes the city attorney, district attorney, and the Attorney General to bring an action to
enforce these requirements. Existing law regulates the handling, storage, and disposal of medical waste and authorizes the city attorney, district attorney, and the Attorney General to bring an action to enforce these requirements.
This bill would authorize the county counsel to bring an action to enforce the requirements related to the business and area plans, underground storage tanks, aboveground storage tanks, or medical waste.
This bill would, if a county counsel or the district attorney brings an action described above, require the county counsel or district attorney, within 7 days of the filing of the action, to give notice to the district attorney or county counsel, as applicable, of the related county and would make various conforming changes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25117 of the Health and Safety Code is amended to read:25117.
(a) Except as provided in subdivision (d), “hazardous waste” means a waste that meets any of the criteria for the identification of a hazardous waste adopted by the department pursuant to Section 25141.(b) “Hazardous waste” includes, but is not limited to, RCRA hazardous waste.
(c) Unless expressly provided otherwise, “hazardous waste” also includes extremely hazardous waste and acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil prosecution brought by a city attorney, county counsel, district
attorney, or the Attorney General for violation of this chapter, when it is an element of proof that the person knew or reasonably should have known of the violation, or violated the chapter willfully or with reckless disregard for the risk, or acted intentionally or negligently, the element of proof that the waste is hazardous waste may be satisfied by demonstrating that the waste exhibited the characteristics set forth in subdivision (b) of Section 25141.
SEC. 2.
Section 25181 of the Health and Safety Code is amended to read:25181.
(a) If the department determines that a person has engaged in, is engaged in, or is about to engage in any acts or practices that constitute or will constitute a violation of this chapter, or any rule, regulation, permit, covenant, standard, requirement, or order issued, promulgated, or executed thereunder, and when requested by the department, the city attorney of the city in which those acts or practices occur, occurred, or will occur, the county counsel or the district attorney of the county in which those acts or practices occur, occurred, or will occur, or the Attorney General may apply to the superior court for an order enjoining those acts or practices, or for an order directing compliance, and upon a showing by the department that the person has engaged in or is about to engage in those acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.(b) If the unified program agency determines that a person has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, or any rule, regulation, permit, covenant, standard, requirement, or order issued, promulgated, or executed thereunder, and when requested by the unified program agency, the city attorney of the city in which those acts or practices occur, occurred, or will occur, the county counsel or the district attorney of the county in which those acts or practices occur, occurred, or will occur, or the Attorney General, may apply to the superior court for
an order enjoining those acts or practices, or for an order directing compliance, and upon a showing by the unified program agency that the person has engaged in or is about to engage in those acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
(c) If a county counsel or the district attorney brings an action pursuant to subdivision (a) or (b), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the acts or practices occur, occurred, or will occur.
SEC. 3.
Section 25182 of the Health and Safety Code is amended to read:25182.
Every civil action brought under this chapter at the request of the department or a unified program agency shall be brought by the city attorney, the county counsel, the district attorney, or the Attorney General in the name of the people of the State of California, and any such actions relating to the same processing or disposal of hazardous wastes may be joined or consolidated.SEC. 4.
Section 25191.7 of the Health and Safety Code is amended to read:25191.7.
(a) A person who provides information that materially contributes to the imposition of a civil penalty or criminal fine against a person for violating this chapter shall be paid a reward pursuant to regulations adopted by the department under subdivision (f). The reward shall be equal to 10 percent of the amount of the civil penalty or criminal fine collected by the department, district attorney, county counsel, or city attorney. The department shall pay the award to the person who provides information that results in the imposition of a civil penalty, and the county shall pay the award to the person who provides information that results in the imposition of a criminal fine. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000).(b) No informant shall be eligible for a reward for a violation known to the department, unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section.
(c) If there is more than one informant for a single violation, the first notification received by the department shall be eligible for the reward. If the notifications are postmarked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants.
(d) Public officers and employees of the United States, the State of California, or counties and cities in California are not
eligible for the reward pursuant to subdivision (a), unless reporting those violations does not relate in any manner to their responsibilities as public officers or employees.
(e) An informant who is an employee of a business and who provides information that the business violated this chapter is not eligible for a reward if the employee intentionally or negligently caused the violation or if the employee’s primary and regular responsibilities included investigating the violation, unless the business knowingly caused the violation.
(f) The department shall adopt regulations that establish procedures for the receipt and review of claims for payment of rewards. All decisions concerning the eligibility for an award and the materiality of the provided information shall be made
pursuant to these regulations. In each case brought under subdivision (a), the department, the office of the city attorney, the county counsel
or the district attorney, whichever office brings the action, shall determine whether the information materially contributed to the imposition of civil or criminal penalties for violations of this chapter.
(g) The department shall continuously publicize the availability of the rewards pursuant to this section for persons who provide information pursuant to this section.
(h) Claims may be submitted only for those referrals made on or after January 1, 1982.
SEC. 5.
Section 25192 of the Health and Safety Code is amended to read:25192.
(a) All civil and criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:(1) Fifty percent shall be deposited in the Toxic Substances Control Account in the General Fund.
(2) Twenty-five percent shall be paid to the office of the city attorney, city prosecutor, county counsel, district attorney, or the Attorney General, whichever office brought the action.
(3) Twenty-five percent shall be paid to the department and used to fund the activity of the CUPA, the local health officer, or other
local public officer or agency authorized to enforce the provisions of this chapter pursuant to Section 25180, whichever entity investigated the matter that led to the bringing of the action. If investigation by the local police department or sheriff’s office or the Department of the California Highway Patrol led to the bringing of the action, the CUPA, the local health officer, or the authorized officer or agency, shall pay a total of 40 percent of its portion under this subdivision to that investigating agency or agencies to be used for the same purpose. If more than one agency is eligible for payment under this paragraph, division of payment among the eligible agencies shall be in the discretion of the CUPA,
the local health officer, or the authorized officer or agency.
(b) If a reward is paid to a person pursuant to Section 25191.7, the amount of the reward shall be deducted from the amount of the civil penalty before the amount is apportioned pursuant to subdivision (a).
SEC. 6.
Section 25270.12 of the Health and Safety Code is amended to read:25270.12.
(a) An owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter, is subject to a civil penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, a civil penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed.(b) (1) The civil penalties provided by this section may be assessed and recovered in a civil action brought by the city attorney, county counsel, or district attorney on behalf of the UPA.
(2) Fifty percent of all penalties assessed and recovered in a civil action brought on behalf of a UPA pursuant to this subdivision shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program and 50 percent shall be paid to the office of the city
attorney, county counsel, or district attorney, whoever brought that action.
(c) (1) The civil penalties provided in this section may be assessed and recovered in a civil action brought by the Attorney General on behalf of the office, the board, or a regional board, or on behalf of the people of the State of California.
(2) All penalties assessed and recovered in a civil action brought pursuant to this subdivision shall be deposited in the Waste Discharge Permit Fund created pursuant to Section 13260 of the Water Code. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of
the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the same purposes for which the State Water Pollution Cleanup and Abatement Account may be expended pursuant to Section 13443 of the Water Code.
(d) The city attorney, county counsel, district attorney, or the Attorney General may seek to enjoin, in any court of competent jurisdiction, any person believed to be in violation of this chapter.
(e) If a county counsel or the district attorney brings an action pursuant to this section, the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the violation occurs or occurred.
(f) The penalties specified in this section are in addition to any other penalties provided by law.
SEC. 7.
Section 25299 of the Health and Safety Code is amended to read:25299.
(a) An operator of an underground tank system is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each underground storage tank, for each day of violation, for any of the following violations:(1) Operating an underground tank system that has not been issued a permit, in violation of this chapter.
(2) Violation of an applicable requirement of the permit issued for the operation of the underground tank system.
(3) Failure to maintain records, as required by this chapter.
(4) Failure to report an unauthorized release, as required by Sections 25294 and 25295.
(5) Failure to properly close an underground tank system, as required by Section 25298.
(6) Violation of an applicable requirement of this chapter or a regulation adopted by the board pursuant to Section 25299.3.
(7) Failure to permit inspection or to perform a monitoring, testing, or reporting required pursuant to Section 25288 or 25289.
(8) Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter.
(9) Tampering with or otherwise disabling automatic leak detection devices or alarms.
(b) An owner of an underground tank system is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each underground storage tank, for each day of violation, for any of the following violations:
(1) Failure to obtain a permit as specified by this chapter.
(2) Failure to repair or upgrade an underground tank system in accordance with this chapter.
(3) Abandonment or improper closure of an underground tank system subject to this chapter.
(4) Violation of an applicable requirement of the permit issued for operation of the underground tank system.
(5) Violation of an applicable requirement of this chapter or a regulation adopted by the board pursuant to Section 25299.3.
(6) Failure to permit inspection or to perform a monitoring, testing, or reporting required pursuant to Section 25288 or 25289.
(7) Making a false statement, representation, or certification in an application, record, report, or other document submitted or required to be maintained pursuant to this chapter.
(c) A person who intentionally fails to notify the board, the regional
board, or the local agency when required to do so by this chapter or who submits false information in a permit application, amendment, or renewal, pursuant to Section 25286, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for which notification is not given or false information is submitted.
(d) (1) A person who violates a corrective action requirement established by, or issued pursuant to, Section 25296.10 is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation.
(2) A civil penalty under this subdivision may be imposed in a civil action under this chapter, or may be administratively imposed by the board or a regional
board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.
(e) A person who violates Section 25292.3 is liable for a civil penalty of not more than five thousand dollars ($5,000) for each underground storage tank for each day of violation.
(f) (1) A person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.
(2) A person who intentionally disables or
tampers with an automatic leak detection system in a manner that would prevent the automatic leak detection system from detecting a leak or alerting the owner or operator of the leak, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(g) In determining both the civil and criminal penalties imposed pursuant to this section, the board, a regional board, or the court, as the case may be, shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective
action, if any, taken by the person who holds the permit.
(h) (1) A civil penalty or criminal fine imposed pursuant to this section for a separate violation shall be separate from, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, except that no civil penalty shall be recovered under subdivision (d) for violations for which a civil penalty is recovered pursuant to Section 13268 or 13350 of the Water Code. The penalty or fine shall be paid to the unified program agency, the participating agency, or the state, whichever is represented by the office of the city attorney, county counsel, district attorney, or the Attorney General bringing the action.
(2) Any penalties or fines paid to a
unified program agency or a participating agency pursuant to paragraph (1) shall be deposited into a special account and shall be expended only to fund the activities of the unified program agency or participating agency in enforcing the unified program, as specified in subdivision (c) of Section 25404, within the jurisdiction of that agency pursuant to the unified program specified in Chapter 6.11 (commencing with Section 25404).
(3) All penalties or fines collected by the board or a regional board pursuant to this section or Section 25299.05 or collected on behalf of the board or a regional board by the Attorney General for these purposes shall be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund, and are available for expenditure by the board, upon appropriation, pursuant
to Section 13441 of the Water Code.
(i) Paragraph (9) of subdivision (a) does not prohibit the owner or operator of an underground storage tank, or the owner’s or operator’s designee, from maintaining, repairing, or replacing automatic leak detection devices or alarms associated with that tank.
SEC. 8.
Section 25299.01 of the Health and Safety Code is amended to read:25299.01.
(a) If a person has engaged in, is engaged in, or is about to engage in any acts or practices that violate this chapter, or Chapter 6.75 (commencing with Section 25299.10) or any rule, regulation, permit, standard, requirement, or order issued, adopted, or executed pursuant to this chapter or Chapter 6.75 (commencing with Section 25299.10), the city attorney of the city in which the acts or practices occur, occurred, or will occur, the county counsel or the district attorney of the county in which the acts or practices occur, occurred, or will occur, or the Attorney General may apply to the superior court for any order enjoining these acts or practices, or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order.(b) If a county counsel or the district attorney brings an action pursuant to subdivision (a), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the acts or practices occur, occurred, or will occur.
SEC. 9.
Section 25299.02 of the Health and Safety Code is amended to read:25299.02.
Every civil action brought under this chapter shall be brought by the city attorney, the county counsel, the district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same violations may be joined or consolidated.SEC. 10.
Section 25515.5 of the Health and Safety Code is amended to read:25515.5.
(a) All criminal penalties collected pursuant to this article shall be apportioned in the following manner:(1) Fifty percent shall be paid to the office of the city attorney, district attorney, or the Attorney General, whichever office brought the action.
(2) Fifty percent shall be paid to the agency that is responsible for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the
office of the city attorney, county counsel, district attorney, or the Attorney General, whichever office brought the action.
(2) Fifty percent shall be paid to the agency responsible for the investigation of the action.
(c) If a reward is paid to a person pursuant to Section 25516, the amount of the reward shall be deducted from the amount of the criminal or civil penalty before the amount is apportioned
pursuant to subdivisions (a) and (b).
SEC. 11.
Section 25515.6 of the Health and Safety Code is amended to read:25515.6.
(a) (1) If the unified program agency determines that a business has engaged in, is engaged in, or is about to engage in acts or practices that constitute or will constitute a violation of this article or a regulation or order adopted or issued pursuant to this article, and when requested by the unified program agency, the city attorney of the city or the county counsel or the district attorney of the county in which those acts or practices have occurred, are occurring, or will occur shall apply to the superior court for an order enjoining the acts or practices for an order directing compliance, and, upon a showing that the person or business has engaged in, is engaged in, or is about to engage in the acts or practices, a permanent or temporary injunction, restraining order, or other appropriate order may be granted.(2) If a county counsel or the district attorney brings an action pursuant to paragraph (1), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the acts or practices have occurred, are occurring, or will occur.
(b) This section does not prohibit a city attorney, county counsel, or district attorney from seeking the same relief upon the city attorney’s, county counsel’s, or district attorney’s own
motion.
SEC. 12.
Section 25515.7 of the Health and Safety Code is amended to read:25515.7.
Every civil action brought under this article or Article 2 (commencing with Section 25531) shall be brought by the city attorney, county counsel, district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.SEC. 13.
Section 25516 of the Health and Safety Code is amended to read:25516.
(a) A person who provides information that materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 25515 or 25515.2, as determined by the city attorney, county counsel, district attorney, or the Attorney General filing the action, shall be paid a reward by the unified program agency or the state equal to 10 percent of the amount of the civil penalty collected. The reward shall be paid from the amount of the civil penalty collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000).(b) A person who provides information that materially contributes to the conviction of a person or
business under Section 25515.1 or 25515.3, as determined by the city attorney, county counsel, district attorney, or the Attorney General filing the action, shall be paid a reward by the unified program agency or the state equal to 10 percent of the amount of the fine collected. The reward shall be paid from the amount of the fine collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000).
(c) An informant shall not be eligible for a reward for a violation known to the unified program agency, unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section.
(d) If there is more than one informant for a single violation, the person making the first notification received by
the city attorney, district attorney, or the Attorney General that brought the action shall be eligible for the reward, except that, if the notifications are postmarked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants.
(e) Public officers and employees of the United States, the State of California, or counties and cities in this state are not eligible for the reward pursuant to subdivision (a) or (b), unless the providing of the information does not relate in any manner to their responsibilities as public officers or employees.
(f) An informant who is an employee of a business and who provides information that the business has violated this chapter is not eligible for a reward if the employee
intentionally or negligently caused the violation or if the employee’s primary and regular responsibilities included investigating the violation, unless the business knowingly caused the violation.
(g) The unified program agency or the state shall pay rewards under this section pursuant to the following procedures:
(1) An application shall be signed by the informant and presented to the unified program agency or the state within 60 days after a final judgment has been entered or the period for an appeal of a judgment has expired.
(2) The determination by the district attorney, city attorney, county counsel, or the Attorney General as to whether the information provided by the applicant materially contributed to the
imposition of a judgment under Section 25515.1 or 25515.3 shall be final.
(3) The unified program agency or the state shall notify the applicant in writing of its decision to grant or deny a reward within a reasonable time period following the filing of an application.
(4) Approved reward claims shall be paid by the unified program agency or the state within 30 days of the collection and deposit of the penalties specified in subdivisions (a) and (b).
(h) The names of reward applicants or informants shall not be disclosed by the unified program agency or the state unless the names are otherwise publicly disclosed as part of a judicial proceeding.
(i) Notwithstanding any other provision of this section, rewards paid by the state shall only be paid after appropriation by the Legislature.
SEC. 14.
Section 79705 of the Health and Safety Code is amended to read:79705.
(a) In the event a district attorney, county counsel, or a city attorney has brought an action for civil or criminal penalties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 against a person for the violation of any provision of that chapter, or any rule, regulation, permit, covenant, standard, requirement, or order issued, adopted, or executed thereunder, and the department has expended moneys from the state account pursuant to Section 78875 for immediate corrective action in response to a release, or threatened release, of a hazardous substance that has resulted, in whole or in part, from the person’s acts or omissions, the state account may be made a party to that action for the purpose of recovering the costs against that person.(b) (1) If the state account is made a party to the action, the Attorney General shall represent the state account for the purpose of recovering the moneys expended from the account.
(2) Notwithstanding any other provision of law, and under terms that the Attorney General and the department deem appropriate, the Attorney General may delegate the authority to recover the costs to the district attorney, county counsel, or city attorney who has brought the action pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20.
(c) The failure to seek the recovery of moneys expended from the state account as part of the action brought pursuant to Chapter 6.5 (commencing with Section 25100)
of Division 20 does not foreclose the Attorney General from recovering the moneys in a separate action.
SEC. 15.
Section 118325 of the Health and Safety Code is amended to read:118325.
(a) (1) An enforcement agency, district attorney, county counsel, city attorney, or city prosecutor may bring an action to enjoin the violation, or threatened violation, of this part or the regulations adopted pursuant to this part, in the superior court in the county where the violation occurred or is about to occur. Any proceeding under this section shall be in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the enforcement agency, district attorney, county counsel, city attorney, or city prosecutor is not required to allege facts necessary to show or tending to show the lack of an adequate remedy at law or irreparable damage or loss.(2) If a county counsel or the district attorney brings an action pursuant to paragraph (1), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county where the violation occurred or is about to occur.
(b) With respect to any action brought pursuant to this section alleging actual violation of this part or the regulations adopted pursuant to this part, the court shall, if it finds the allegations to be true, issue its order enjoining the continuance of the violation.
