Section 25189 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25189
. (a) A person who intentionally or negligently makes a false
statement or representation in an application, label, manifest,
record, report, permit, or other document filed, maintained, or used
for purposes of compliance with this chapter, shall be liable for a
civil penalty not to exceed twenty-five thousand dollars ($25,000)
for each separate violation or, for continuing violations, for each
day that violation continues.
(b) Except as provided in subdivision (c), (d), or (e), a person
who intentionally or negligently violates a provision of this chapter
or a permit, rule, regulation, standard, or requirement issued or
promulgated pursuant to this chapter, shall be liable for a civil
penalty not to exceed twenty-five thousand dollars ($25,000) for each
violation of a separate provision or, for continuing violations, for
each day that violation continues.
(c) A person who intentionally disposes or causes the disposal of
a hazardous or extremely hazardous waste at a point that is not
authorized according to the provisions of this chapter shall be
subject to a civil penalty of not less than one thousand dollars
($1,000) or more than twenty-five thousand dollars ($25,000) for each
violation and may be ordered to disclose the fact of this violation
or these violations to those persons as the court may direct. Each
day on which the deposit remains and the person has knowledge thereof
is a separate additional violation, unless the person immediately
files a report of the deposit with the department and is complying
with an order concerning the deposit issued by the department, a
hearing officer, or a court of competent jurisdiction for the
cleanup.
(d) A person who negligently disposes or causes the disposal of a
hazardous or extremely hazardous waste at a point which is not
authorized according to the provisions of this chapter shall be
subject to a civil penalty of not more than twenty-five thousand
dollars ($25,000) for each violation and may be ordered to disclose
the fact of this violation or these violations to those persons as
the court may direct. Each day on which the deposit remains and the
person had knowledge thereof is a separate additional violation,
unless the person immediately files a report of the deposit with the
department and is complying with an order concerning the deposit
issued by the department, a hearing officer, or a court of competent
jurisdiction for the cleanup.
(e) A person who intentionally or negligently treats or stores, or
causes the treatment or storage of, a hazardous waste at a point
that is not authorized according to this chapter, shall be liable for
a civil penalty not to exceed twenty-five thousand dollars ($25,000)
for each separate violation or, for continuing violations, for each
day that the violation continues.
(f) Each civil penalty imposed for a separate violation pursuant
to this section shall be separate and in addition to any other civil
penalty imposed pursuant to this section or any other provision of
law.
(g) A person shall not be liable for a civil penalty imposed under
this section and for a civil penalty imposed under Section 25189.2
for the same act or failure to act.