Section 25404.4 Of Chapter 6.11. Unified Hazardous Waste And Hazardous Materials Management Regulatory Program From California Health And Safety Code >> Division 20. >> Chapter 6.11.
25404.4
. (a) (1) The secretary shall periodically review the
ability of each certified unified program agency to carry out this
chapter. In conducting this review, the secretary shall review both
the elements of each CUPA's enforcement program and the efficacy of
the program in ensuring compliance with the unified program's
requirements. If a certified unified program agency fails to meet its
obligations to adequately implement the unified program, the
secretary may withdraw the certified unified program agency's
certification, or may enter into a program improvement agreement with
the certified unified program agency to make the necessary
improvements. A certified unified program agency with which the
secretary has entered into a program improvement agreement may
continue to implement the unified program while the program
improvement agreement is in effect and the certified unified program
agency is in compliance with the agreement. If the secretary finds
that a CUPA has not met the enforcement performance standards adopted
pursuant to Section 25404.6 and the secretary enters into a program
improvement agreement with the CUPA, the agreement shall make the
improvement of enforcement the highest priority.
(2) Before withdrawing a certified unified program agency's
certification, the secretary shall submit to the certified unified
program agency a notification of the secretary's intent to withdraw
certification, in which the secretary shall specify the reasons why
the certified unified program agency has failed to meet its
obligations to adequately implement the unified program. The
secretary shall provide the certified unified program agency with a
reasonable time to respond to the reasons specified in the
notification and to correct the deficiencies specified in the
notification. The certified unified program agency may request a
public hearing, at which the secretary shall hear the agency's
response to the reasons specified in the notification.
(b) (1) If the secretary finds that a certified unified program
agency has failed to adequately enforce the requirements of the
unified program with respect to a particular facility, the secretary
may direct the appropriate state agency to take any necessary actions
and to issue necessary orders to the facility.
(2) If the secretary finds that the failure to adequately enforce
the requirements of the unified program may result in an imminent and
substantial endangerment to the environment or to the public health
and safety, the secretary shall direct the appropriate state agency
to take any necessary actions and to issue the necessary orders to
the facility.
(3) This chapter does not prevent any appropriate state agency
from issuing an order or taking any other action pursuant to state
law.