Section 25186.05 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25186.05
. (a) For the purposes of this section, "violation" and
"noncompliance" mean only the following:
(1) A violation or noncompliance pursuant to Section 25186 that
creates a significant risk of harm to the public health or safety of
the environment resulting from acute or chronic exposure to hazardous
waste or hazardous waste constituents, and that threat makes it
reasonably necessary to take action to prevent, reduce, or mitigate
that exposure.
(2) A violation of, or noncompliance with, any order issued by the
department to the applicant or holder of the permit.
(3) A federal or state felony conviction for a violation of this
chapter or its equivalent in the federal act, or of any requirement
or regulation adopted pursuant to that authority relating to the
generation, transportation, treatment, storage, recycling, disposal,
or handling of hazardous waste, as described in subdivision (e) of
Section 25186.
(b) A violation or noncompliance by a federal hazardous waste
facility, pursuant to Section 6961 of Title 42 of the United States
Code, shall, for purposes of this section, be limited to a violation
or noncompliance caused by an action or inaction within the
boundaries identified in Part B of the federal hazardous waste permit
application, pursuant to Section 270.14 of Title 40 of the Code of
Federal Regulations, for that facility.
(c) "Violation" and "noncompliance" shall not include a minor
violation as defined in Section 25117.6.
(d) (1) Except as provided in paragraph (2), the department shall
consider three or more incidents of violation of, or noncompliance
with, a requirement specified in subdivision (a) or (b) of Section
25186 for which a person or entity has been found liable or has been
convicted, with respect to a single facility within a five-year
period, as compelling cause to deny, suspend, or revoke the permit,
registration, or certificate.
(2) This subdivision does not apply to a third violation or
noncompliance if the department finds that extraordinary
circumstances exist, including that a denial, suspension, or
revocation would endanger the public health or safety or the
environment.
(3) This subdivision does not limit or modify the department's
authority to deny, suspend, or revoke any permit, registration, or
certificate pursuant to Section 25186 or any other law.