Section 25201.9 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25201.9
. (a) Upon the written request of any person, the department
may enter into an agreement with that person pursuant to which the
department will perform consultative services for the purpose of
providing assistance to the person, or any facility owned or operated
by the person, in complying with this chapter, Chapter 6.8
(commencing with Section 25300), and any regulations adopted pursuant
to those provisions. The agreement shall require the person to
reimburse the department for its costs of performing the consultative
services pursuant to Article 9.2 (commencing with Section 25206.1).
The agreement may provide for some or all of the reimbursement to be
made in advance of the performance of the consultative services.
(b) The consultative services performed pursuant to subdivision
(a) shall be over and above the routine functions of the department,
and may include, but need not be limited to, onsite inspections,
regulation and compliance training, and technical consultation.
(c) Any reimbursement received for assistance in complying with
this chapter pursuant to this section shall be placed in the
Hazardous Waste Control Account for disbursement in accordance with
Section 25174. Any reimbursement received for assistance in complying
with Chapter 6.8 (commencing with Section 25300) shall be deposited
in the Toxic Substances Control Account for expenditure in accordance
with Section 25173.6.
(d) The consultative services shall be provided subject to
available staff and resources as determined by the department, and
may include, but need not be limited to, onsite inspections,
regulation and compliance training, and technical consultation.
(e) In scheduling limited onsite inspections, priority shall be
given to businesses with fewer than 50 employees.
(f) (1) The staff of the department providing consultation
pursuant to this section shall not initiate an administrative or
civil enforcement action, except as specified in subdivision (g), for
violations identified during a limited onsite inspection conducted
pursuant to an agreement at a facility which does not require a
permit pursuant to the federal act.
(2) The staff of the department shall require the owner or
operator to correct any identified deficiencies and violations in
accordance with a schedule for compliance or correction issued by the
department.
(g) If class I violations, as defined in regulations adopted by
the department, are identified during a limited onsite inspection, or
an owner or operator refuses or fails to correct any deficiencies or
violations within the timeframe specified in the schedule for
compliance or correction issued by the department pursuant to
subdivision (f), the department may undertake any further inspection,
investigation, or enforcement action authorized by law.
(h) The failure of the department to discover any particular
deficiencies or violations during a limited onsite inspection shall
not preclude the department, or any other agency, from undertaking a
subsequent enforcement action to address any deficiencies or
violations should they be discovered at a later time.
(i) Nothing in this section is intended to limit the authority of
the department to refer criminal violations to the Attorney General,
a district attorney, a county counsel, or a city attorney.
(j) Other than as expressly provided in this section, nothing in
this section is intended to limit or restrict the authority of the
department under any other provision of this division.
(k) This section shall become operative only if the department
adopts regulations defining "class I violations."