Section 25189.2 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25189.2
. (a) A person who makes a false statement or representation
in an application, label, manifest, record, report, permit, or other
document, filed, maintained, or used for purposes of compliance with
this chapter, is liable for a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each separate violation
or, for continuing violations, for each day that the violation
continues.
(b) Except as provided in subdivision (c) or (d), a person who
violates a provision of this chapter or a permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter,
is liable for a civil penalty not to exceed twenty-five thousand
dollars ($25,000) for each violation of a separate provision or, for
continuing violations, for each day that the violation continues.
(c) A person who disposes, or causes the disposal of, a hazardous
or extremely hazardous waste at a point that is not authorized
according to the provisions of this chapter is liable for a civil
penalty of not more than twenty-five thousand dollars ($25,000) for
each violation and may be ordered to disclose the fact of this
violation or these violations to those persons as the court or, in
the case of an administrative action, a hearing officer, may direct.
Each day on which the deposit remains is a separate additional
violation, unless the person immediately files a report of the
deposit with the department and is complying with an order concerning
the deposit issued by the department, a hearing officer, or a court
of competent jurisdiction for the cleanup.
(d) A person who treats or stores, or causes the treatment or
storage of, a hazardous waste at a point that is not authorized
according to this chapter, shall be liable for a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each separate
violation or, for continuing violations, for each day that the
violation continues.
(e) For purposes of subdivisions (c) and (d), a person who offers
hazardous waste to a transporter that is registered pursuant to
Section 25163 or to a storage, treatment, transfer, resource
recovery, or disposal facility that holds a valid hazardous waste
facilities permit or other grant of authorization from the department
that authorizes the facility to accept the waste being offered shall
not be considered to have caused disposal, treatment, or storage of
hazardous waste at an unauthorized point solely on the basis of
having offered that person's waste, provided the person has taken
reasonable steps to determine that the transporter is registered or
the facility is authorized by the department to accept the hazardous
waste being offered.
(f) A person shall not be liable for a civil penalty imposed under
this section and for a civil penalty imposed under Section 25189 for
the same act or failure to act.
(g) Liability under this section may be imposed in a civil action
or liability may be imposed administratively pursuant to Section
25187.