Section 25189.5 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25189.5
. (a) The disposal of any hazardous waste, or the causing
thereof, is prohibited when the disposal is at a facility which does
not have a permit from the department issued pursuant to this
chapter, or at any point which is not authorized according to this
chapter.
(b) Any person who is convicted of knowingly disposing or causing
the disposal of any hazardous waste, or who reasonably should have
known that he or she was disposing or causing the disposal of any
hazardous waste, at a facility which does not have a permit from the
department issued pursuant to this chapter, or at any point which is
not authorized according to this chapter shall, upon conviction, be
punished by imprisonment in a county jail for not more than one year
or by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code.
(c) Any person who knowingly transports or causes the
transportation of hazardous waste, or who reasonably should have
known that he or she was causing the transportation of any hazardous
waste, to a facility which does not have a permit from the department
issued pursuant to this chapter, or at any point which is not
authorized according to this chapter, shall, upon conviction, be
punished by imprisonment in a county jail for not more than one year
or by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code.
(d) Any person who knowingly treats or stores any hazardous waste
at a facility which does not have a permit from the department issued
pursuant to this chapter, or at any point which is not authorized
according to this chapter, shall, upon conviction, be punished by
imprisonment in a county jail for not more than one year or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code.
(e) The court also shall impose upon a person convicted of
violating subdivision (b), (c), or (d), a fine of not less than five
thousand dollars ($5,000) nor more than one hundred thousand dollars
($100,000) for each day of violation, except as further provided in
this subdivision. If the act which violated subdivision (b), (c), or
(d) caused great bodily injury, or caused a substantial probability
that death could result, the person convicted of violating
subdivision (b), (c), or (d) may be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for one, two,
or three years, in addition and consecutive to the term specified in
subdivision (b), (c), or (d), and may be fined up to two hundred
fifty thousand dollars ($250,000) for each day of violation.
(f) For purposes of this section, except as otherwise provided in
this subdivision, "each day of violation" means each day on which a
violation continues. In any case where a person has disposed or
caused the disposal of any hazardous waste in violation of this
section, each day that the waste remains disposed of in violation of
this section and the person has knowledge thereof is a separate
additional violation, unless the person has filed a report of the
disposal with the department and is complying with any order
concerning the disposal issued by the department, a hearing officer,
or court of competent jurisdiction.