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Section 25185.6 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25185.6
. (a) (1) The department or a local officer or agency
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180, in connection with any action authorized by this
chapter, may require any of the following persons to furnish and
transmit, upon reasonable notice, to the designated offices of the
department or the local officer or agency any existing information
relating to hazardous substances, hazardous wastes, or hazardous
materials:
(A) Any person who owns or operates any hazardous waste facility.
(B) Any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous waste.
(C) Any person who has generated, stored, treated, transported, disposed of, or otherwise handled hazardous waste.
(D) Any person who arranges, or has arranged, by contract or other agreement, to store, treat, transport, dispose of, or otherwise handle hazardous waste.
(E) Any person who applies, or has applied, for any permit, registration, or certification under this chapter.
(2) (A) The department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, may require a person described in paragraph (1) to furnish and transmit, upon reasonable notice, to the designated offices of the department or the local officer or agency, any information relating to the person's ability to pay for, or to perform, a response action.
(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this chapter how to finance a response action or otherwise for the purpose of enforcing this chapter.
(b) (1) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) relating to hazardous substances, hazardous wastes, or hazardous materials, to furnish and transmit, upon reasonable notice, that information to the designated offices of the department.
(2) (A) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a), relating to the ability of the person described in those subparagraphs to pay for, or to perform, a response action, upon reasonable notice, to furnish and transmit that information to the designated offices of the department.
(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this chapter how to finance a response action or otherwise for the purpose of enforcing this chapter.
(c) Any person required to furnish information pursuant to this section shall pay any costs of photocopying or transmitting this information.
(d) When requested by the person furnishing information pursuant to this section, the department or the local officer or agency shall follow the procedures established under Section 25173.
(e) If a person intentionally or negligently fails to furnish and transmit to the designated offices of the department or the local officer or agency any existing information required pursuant to this section, the department may issue an order pursuant to Section 25187 directing compliance with the request.
(f) The department may disclose information submitted pursuant to this section to authorized representatives, contractors, or other governmental agencies only in connection with the department's responsibilities pursuant to this chapter. The department shall establish procedures to ensure that information submitted pursuant to this section is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department.
(g) The department may also make available to the United States Environmental Protection Agency any and all information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this section does not constitute a waiver by the department or any affected person of any privilege or confidentiality provided by law which pertains to the information.
(h) A person providing information pursuant to subdivision (a) or (b) shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.
(i) Notwithstanding Section 25190, a person who knowingly and willfully disseminates information protected by Section 25173 or procedures established by the department pursuant to Section 25173 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(j) For the purposes of this section, "trade secret" has the same meaning as set forth in Section 25173.
(A) Any person who owns or operates any hazardous waste facility.
(B) Any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous waste.
(C) Any person who has generated, stored, treated, transported, disposed of, or otherwise handled hazardous waste.
(D) Any person who arranges, or has arranged, by contract or other agreement, to store, treat, transport, dispose of, or otherwise handle hazardous waste.
(E) Any person who applies, or has applied, for any permit, registration, or certification under this chapter.
(2) (A) The department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, may require a person described in paragraph (1) to furnish and transmit, upon reasonable notice, to the designated offices of the department or the local officer or agency, any information relating to the person's ability to pay for, or to perform, a response action.
(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this chapter how to finance a response action or otherwise for the purpose of enforcing this chapter.
(b) (1) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) relating to hazardous substances, hazardous wastes, or hazardous materials, to furnish and transmit, upon reasonable notice, that information to the designated offices of the department.
(2) (A) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a), relating to the ability of the person described in those subparagraphs to pay for, or to perform, a response action, upon reasonable notice, to furnish and transmit that information to the designated offices of the department.
(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this chapter how to finance a response action or otherwise for the purpose of enforcing this chapter.
(c) Any person required to furnish information pursuant to this section shall pay any costs of photocopying or transmitting this information.
(d) When requested by the person furnishing information pursuant to this section, the department or the local officer or agency shall follow the procedures established under Section 25173.
(e) If a person intentionally or negligently fails to furnish and transmit to the designated offices of the department or the local officer or agency any existing information required pursuant to this section, the department may issue an order pursuant to Section 25187 directing compliance with the request.
(f) The department may disclose information submitted pursuant to this section to authorized representatives, contractors, or other governmental agencies only in connection with the department's responsibilities pursuant to this chapter. The department shall establish procedures to ensure that information submitted pursuant to this section is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department.
(g) The department may also make available to the United States Environmental Protection Agency any and all information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this section does not constitute a waiver by the department or any affected person of any privilege or confidentiality provided by law which pertains to the information.
(h) A person providing information pursuant to subdivision (a) or (b) shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.
(i) Notwithstanding Section 25190, a person who knowingly and willfully disseminates information protected by Section 25173 or procedures established by the department pursuant to Section 25173 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(j) For the purposes of this section, "trade secret" has the same meaning as set forth in Section 25173.
