Section 25189.7 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25189.7
. (a) The burning or incineration of any hazardous waste, or
the causing thereof, is prohibited when the burning or incineration
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 burning or
incinerating, or causing the burning or incineration of, any
hazardous waste, or who reasonably should have known that he or she
was burning or incinerating, or causing the burning or incineration
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) The court also shall impose upon a person convicted of
violating subdivision (b) 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 otherwise provided in
this subdivision. If the act which violated subdivision (b) caused
great bodily injury or caused a substantial probability that death
could result, the person convicted of violating subdivision (b) 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), and may be
fined up to two hundred fifty thousand dollars ($250,000) for each
day of violation.