Section 25198.6 Of Article 8.6. Development Of Hazardous Waste Management Facilities On Indian Country From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.6.
25198.6
. (a) Nothing in this article shall limit or expand, or be
construed to limit or expand, the jurisdiction of any state agency
specified in subdivision (b) of Section 25198.3 or any tribal agency
with respect to any hazardous waste facility located in Indian
country, including, but not limited to, the enforcement powers and
procedures available to the state or any tribe with respect to those
facilities to the extent not preempted by federal law, including, but
not limited to, powers and procedures contained in state or tribal
statutes or regulations.
(b) The cooperative agreement shall provide that the state may
exercise its enforcement powers over any hazardous waste facility
project on Indian country where a cooperative agreement has been
executed, subject to all of the following requirements:
(1) A violation or threatened violation of any standard or
requirement set forth in Section 25198.3, or its functional
equivalent in the cooperative agreement, or any condition set forth
in a cooperative agreement or permit for the facility, has occurred
or is occurring. For purposes of this paragraph, "threatened
violation" means a condition creating a substantial probability of
harm, when the probability and potential extent of harm make it
reasonably necessary to take immediate action to prevent, reduce, or
mitigate damages to persons, property, or natural resources.
(2) The violation or violations have been brought to the attention
of the tribe and to the owner and operator of the hazardous waste
facility, through written notice from the appropriate agency. The
notice shall identify the specific violation or violations which are
occurring or have occurred and a specific corrective or enforcement
action or range of actions, including sufficient penalties. The
notice shall include a specific and reasonable timeframe in which to
take appropriate corrective or enforcement action.
(3) The tribe, after receiving the notice, has failed to take the
action or actions, or to take other reasonable action to abate or
correct the violation or violations, in a reasonable time.
(c) The functionally equivalent provisions of tribal or federal
permits, as determined sufficient pursuant to Section 25198.3,
together with any cooperative agreement approved pursuant to this
article, shall collectively be deemed to constitute permits issued
under state law for all purposes of enforcing state law.
(d) Notwithstanding subdivision (b), each of the public agencies
specified in subdivision (b) of Section 25198.3 may immediately
exercise its enforcement powers over any hazardous waste facility
project on Indian country where a cooperative agreement has been
executed, if, in the judgment of the public agency, immediate state
action is required to avoid an imminent and substantial threat to
public health and safety or to the environment. The state shall
notify the tribe prior to taking any action pursuant to this
subdivision.