Chapter 6.97. Hazardous Materials Information And Consulting Services of California Health And Safety Code >> Division 20. >> Chapter 6.97.
If requested by an organization representing local
businesses, a county shall meet with representatives of local
businesses to determine whether there is a need for a hazardous
materials information and consulting service to assist businesses in
that county. If the county determines there is a need for the
service, and the county possesses or could reasonably secure the
necessary technical expertise, the county may establish a hazardous
materials information and consulting service to provide the services
specified in Section 25551, subject to the prosecution policies
developed pursuant to Section 25552, to all the following persons:
(a) Any person subject to Chapter 6.5 (commencing with Section
25100), including, but not limited to, any person discharging
hazardous waste into a surface impoundment pursuant to Article 9.5
(commencing with Section 25208) of Chapter 6.5.
(b) The owner or operator of an underground storage tank subject
to Chapter 6.7 (commencing with Section 25280).
(c) Any business required to establish and implement a business
plan for emergency response pursuant to Chapter 6.95 (commencing with
A county which establishes a hazardous materials information
and consulting service pursuant to this chapter shall do all of the
(a) Develop informational materials or adapt existing materials on
the regulatory programs specified in Section 25550 and publicize the
availability of this information.
(b) Respond to telephone inquiries with verbal or written
(c) Conduct onsite consultations on the request of a person
specified in Section 25550.
(d) Conduct seminars for business representatives and attend
meetings, when invited, to explain the regulatory programs specified
in Section 25550 and the service's availability.
A county may contract with another county, or enter into a
memorandum of agreement with one or more nearby counties, to provide
consulting services for businesses within a multicounty region.
(a) A county that establishes a program pursuant to Section
25550 shall, prior to establishing a fee structure pursuant to
subdivision (a) of Section 25553, consult with the district attorney
for that county to develop policies to be followed by the district
attorney in making decisions concerning prosecution of violations
discovered pursuant to this chapter. These policies shall include,
but are not limited to, consideration of the following:
(1) Whether the violation is a knowing, willful, negligent, or
(2) Whether the violator agrees to the schedule of compliance
specified by the county.
(3) Whether the violation was discovered during an onsite
consultation carried out pursuant to this chapter.
(b) Schedules for compliance referred to in subdivision (a) shall
not be subject to negotiation between the county and the violator.
(c) A county may take enforcement action, or refer for enforcement
action, a violation subject to the policies adopted pursuant to
subdivision (a) if the violation involves an imminent or substantial
endangerment to public health and safety or the environment. If a
county refers a violator for enforcement action to the appropriate
state or local agency pursuant to this subdivision, the county shall
include any recommendations for cleanup or abatement of the violation
and information on whether the violator has voluntarily attempted to
comply with the statute or regulation.
(a) (1) Each county may, upon a majority vote of the
governing body, adopt a schedule of fees to be collected from
businesses which request the services provided by this chapter. The
fee schedule shall be developed by the county in consultation with
local business representatives. The fee shall be set in an amount
sufficient to pay only those costs incurred by the county in carrying
out this chapter. In determining the fee schedule, the administering
agency shall consider the volume and degree of hazard potential of
the hazardous materials handled by the business.
(2) A county may seek supplemental funds for the support of
activities carried out pursuant to this chapter from existing state
funds which are available to local governmental entities for the
costs of waste control and enforcement programs, to the extent that
use of the funds will alleviate the disposal of hazardous wastes in
solid waste landfills.
(b) A county which has established a hazardous materials
information and consulting service pursuant to this chapter shall
provide these services to an individual business which has not been
assessed a fee as determined by the schedule adopted pursuant to
subdivision (a). A business provided services pursuant to this
subdivision shall pay a fee to the county for these services at a
rate set by the county.