Section 25189.3 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25189.3
. (a) For purposes of this section, the term "permit" means
a hazardous waste facilities permit, interim status authorization, or
standardized permit.
(b) The department shall suspend the permit of any facility for
nonpayment of any facility fee assessed pursuant to Section 25205.2
or activity fee assessed pursuant to subdivision (d) of Section
25205.7, if the operator of the facility is subject to the fee, and
if the State Board of Equalization has certified in writing to all of
the following:
(1) The facility's operator is delinquent in the payment of the
fee for one or more reporting periods.
(2) The State Board of Equalization has notified the facility's
operator of the delinquency.
(3) The operator has exhausted the administrative rights of appeal
provided by Chapter 3 (commencing with Section 43151) of Part 22 of
Division 2 of the Revenue and Taxation Code, and the State Board of
Equalization has determined that the operator is liable for the fee,
or that the operator has failed to assert those rights.
(c) (1) The department shall suspend the permit of any facility
for nonpayment of a penalty assessed upon the owner or operator for
failure to comply with this chapter or the regulations adopted
pursuant to this chapter, if the penalty has been imposed by a trial
court judge or by an administrative hearing officer, if the person
has agreed to pay the penalty pursuant to a written agreement
resolving a lawsuit or an administrative order, or if the penalty has
become final due to the person's failure to respond to the lawsuit
or order.
(2) The department may suspend a permit pursuant to this
subdivision only if the owner or operator is delinquent in the
payment of the penalty and the department has notified the owner or
operator of the delinquency pursuant to subdivision (d).
(d) Before suspending a permit pursuant to this section, the
department shall notify the owner or operator of its intent to do so,
and shall allow the owner or operator a minimum of 30 days in which
to cure the delinquency.
(e) The department may deny a new permit or refuse to renew a
permit on the same grounds for which the department is required to
suspend a permit under this section, subject to the same requirements
and conditions.
(f) (1) The department shall reinstate a permit that is suspended
pursuant to this section upon payment of the amount due, if the
permit has not otherwise been revoked or suspended pursuant to any
other provision of this chapter or regulation. Until the department
reinstates a permit suspended pursuant to this section, if the
facility stores, treats, disposes of, or recycles hazardous wastes,
the facility shall be in violation of this chapter. If the operator
of the facility subsequently pays the amount due, the period of time
for which the operator shall have been in violation of this chapter
shall be from the date of the activity that is in violation until the
day after the owner or operator submits the payment to the
department.
(2) Except as otherwise provided in this section, the department
is not required to take any other statutory or regulatory procedures
governing the suspension of the permit before suspending a permit in
compliance with the procedures of this section.
(g) (1) A suspension under this section shall be stayed while an
authorized appeal of the fee or penalty is pending before a court or
an administrative agency.
(2) For purposes of this subdivision, "an authorized appeal" means
any appeal allowed pursuant to an applicable regulation or statute.
(h) The department may suspend a permit under this section based
on a failure to pay the required fee or penalty that commenced prior
to January 1, 2002, if the failure to pay has been ongoing for at
least 30 days following that date.
(i) Notwithstanding Section 43651 of the Revenue and Taxation
Code, the suspension of a permit pursuant to this section, the reason
for the suspension, and any documentation supporting the suspension,
shall be a matter of public record.
(j) (1) This section does not authorize the department to suspend
a permit held by a government agency if the agency does not dispute
the payment but nonetheless is unable to process the payment in a
timely manner.
(2) This section does not apply to a site owned or operated by a
federal agency if the department has entered into an agreement with
that federal agency regarding the remediation of that site.
(k) This section does not limit or supersede Section 25186.