25112.5
. (a) "Disclosure statement" means a statement submitted to
the department by an applicant, signed by the applicant under penalty
of perjury, which includes all of the following information:
(1) The full name, any previous name or names, business address,
social security number, and driver's license number of all of the
following:
(A) The applicant.
(B) Any officers, directors, or partners, if the applicant is a
business concern.
(C) All persons or any officers, partners, or any directors if
there are no officers, of business concerns holding more than 5
percent of the equity in, or debt liability of the applicant, except
that if the debt liability is held by a lending institution, the
applicant shall only supply the name and address of the lending
institution.
(2) Except as provided in subdivision (b), the following persons
listed on the disclosure statement shall properly submit fingerprint
images and related identification information:
(A) The sole proprietor.
(B) The partners.
(C) Other persons listed in subparagraph (C) of paragraph (1) and
any officers or directors of the applicant company as required by the
department.
(3) If fingerprint images and related identification information
are submitted for purposes of paragraph (2), the fingerprint images
and related identification information shall be submitted for any
person required by paragraph (2) only once. If there is a change in
the person serving in a position for which fingerprint images and
related identification information are required to be submitted
pursuant to paragraph (2), fingerprint images and related
identification information shall be captured and submitted for that
person. Fingerprint images and the related identification information
may be obtained using the Department of Justice's electronic
fingerprint network.
(4) The full name and business address of any business concern
that generates, transports, treats, stores, recycles, disposes of, or
handles hazardous waste and hazardous materials in which the
applicant holds at least a 5 percent debt liability or equity
interest.
(5) A description of any local, state, or federal licenses,
permits, or registrations for the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials applied for, or possessed by the
applicant, or by the applicant under any previous name or names, in
the five years preceding the filing of the statement, or, if the
applicant is a business concern, by the officers, directors, or
partners of the business concern, including the name and address of
the issuing agency.
(6) A listing and explanation of any final orders or license
revocations or suspensions issued or initiated by any local, state,
or federal authority, in the five years immediately preceding the
filing of the statement, or any civil or criminal prosecutions filed
in the five years immediately preceding, or pending at the time of,
the filing of the statement, with any remedial actions or resolutions
if applicable, relating to the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous materials by the applicant, or by the applicant
under any previous name or names, or, if the applicant is a business
concern, by any officer, director, or partner of the business
concern.
(7) A listing of any agencies outside of the state that regulate,
or had regulated, the applicant's, or the applicant's under any
previous name or names, generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials in the five years preceding the filing of the
disclosure statement.
(8) A listing and explanation of any federal or state conviction,
judgment, or settlement, in the five years immediately preceding the
filing of the statement, with any remedial actions or resolutions if
applicable, relating to the generation, transportation, treatment,
storage, recycling, disposal, or handling of hazardous waste or
hazardous materials by the applicant, or by the applicant under any
previous name or names, or if the applicant is a business concern, by
any officer, director, or partner of the business concern.
(9) A listing of all owners, officers, directors, trustees, and
partners of the applicant who have owned, or been an officer,
director, trustee, or partner of, any company that generated,
transported, treated, stored, recycled, disposed of, or handled
hazardous wastes or hazardous materials and which was the subject of
any of the actions described in paragraphs (6) and (8) for the five
years preceding the filing of the statement.
(b) Notwithstanding paragraph (2) of subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange and registered under the Securities Exchange Act of 1934 (15
U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is
not subject to the fingerprint requirements of subdivision (a).
(c) In lieu of the statement specified in subdivision (a), a
corporation, the stock of which is listed on a national securities
exchange or on the National Market System of the NASDAQ Stock Market
and registered under the Securities Exchange Act of 1934 (15 U.S.C.
Sec. 78a et seq.), or a subsidiary of that corporation, may submit to
the department copies of all periodic reports, including, but not
limited to, those reports required by Section 78m of Title 15 of the
United States Code and Part 229 (commencing with Section 229.10) of
Chapter II of Title 17 of the Code of Federal Regulations that the
corporation or subsidiary has filed with the Securities and Exchange
Commission in the three years immediately preceding the submittal, if
the corporation or subsidiary thereof has held a hazardous waste
facility permit or operated a hazardous waste facility under interim
status pursuant to Section 25200 or 25200.5 since January 1, 1984.
(d) (1) Before issuing an authorization for which a disclosure
statement is required pursuant to this chapter, the department shall
submit the fingerprint cards or electronic fingerprint images and
related identification information submitted pursuant to paragraph
(2) of subdivision (a) to the Department of Justice for the purpose
of obtaining information as to the existence and nature of a record
of state and federal level convictions and state and federal level
arrests for which the Department of Justice establishes that the
applicant is incarcerated or was released on bail or on his or her
own recognizance pending trial. The Department of Justice shall
forward any request for federal level criminal offender record
information, received by the Department of Justice, pursuant to this
subdivision, to the Federal Bureau of Investigation.
(2) For each applicant or licensee whose fingerprint images and
related identification information are submitted to the Department of
Justice pursuant to this subdivision, the Department of Justice
shall provide the following information to the department pursuant to
this section:
(A) Every conviction rendered against that applicant or licensee.
(B) Every arrest for an offense for which that applicant or
licensee is presently awaiting trial, whether the applicant or
licensee is incarcerated or has been released on bail or on his or
her own recognizance pending trial.
(3) The department, pursuant to this subdivision, shall request
subsequent arrest notification service from the Department of Justice
as provided under Section 11105.2 of the Penal Code.
(4) The department shall reimburse the Department of Justice for
the actual costs incurred by the Department of Justice for searching
and furnishing state and federal level criminal offender record
information pursuant to this subdivision.