Section 11374.5 Of Article 4. Miscellaneous Offenses And Provisions From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 4.
11374.5
. (a) Any manufacturer of a controlled substance who
disposes of any hazardous substance that is a controlled substance or
a chemical used in, or is a byproduct of, the manufacture of a
controlled substance in violation of any law regulating the disposal
of hazardous substances or hazardous waste is guilty of a public
offense punishable by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for two, three, or four years or in
the county jail not exceeding one year.
(b) (1) In addition to any other penalty or liability imposed by
law, a person who is convicted of violating subdivision (a), or any
person who is convicted of the manufacture, sale, possession for
sale, possession, transportation, or disposal of any hazardous
substance that is a controlled substance or a chemical used in, or is
a byproduct of, the manufacture of a controlled substance in
violation of any law, shall pay a penalty equal to the amount of the
actual cost incurred by the state or local agency to remove and
dispose of the hazardous substance that is a controlled substance or
a chemical used in, or is a byproduct of, the manufacture of a
controlled substance and to take removal action with respect to any
release of the hazardous substance or any items or materials
contaminated by that release, if the state or local agency requests
the prosecuting authority to seek recovery of that cost. The court
shall transmit all penalties collected pursuant to this subdivision
to the county treasurer of the county in which the court is located
for deposit in a special account in the county treasury. The county
treasurer shall pay that money at least once a month to the agency
that requested recovery of the cost for the removal action. The
county may retain up to 5 percent of any assessed penalty for
appropriate and reasonable administrative costs attributable to the
collection and disbursement of the penalty.
(2) If the Department of Toxic Substances Control has requested
recovery of the cost of removing the hazardous substance that is a
controlled substance or a chemical used in, or is a byproduct of, the
manufacture of a controlled substance or taking removal action with
respect to any release of the hazardous substance, the county
treasurer shall transfer funds in the amount of the penalty collected
to the Treasurer, who shall deposit the money in the Illegal Drug
Lab Cleanup Account, which is hereby created in the General Fund in
the State Treasury. The Department of Toxic Substances Control may
expend the money in the Illegal Drug Lab Cleanup Account, upon
appropriation by the Legislature, to cover the cost of taking removal
actions pursuant to Section 25354.5.
(3) If a local agency and the Department of Toxic Substances
Control have both requested recovery of removal costs with respect to
a hazardous substance that is a controlled substance or a chemical
used in, or is a byproduct of, the manufacture of a controlled
substance, the county treasurer shall apportion any penalty collected
among the agencies involved in proportion to the costs incurred.
(c) As used in this section the following terms have the following
meaning:
(1) "Dispose" means to abandon, deposit, intern, or otherwise
discard as a final action after use has been achieved or a use is no
longer intended.
(2) "Hazardous substance" has the same meaning as defined in
Section 25316.
(3) "Hazardous waste" has the same meaning as defined in Section
25117.
(4) For purposes of this section, "remove" or "removal" has the
same meaning as set forth in Section 25323.