2005 California Public Resources Code Sections 45010-45024 Article 3. Civil Penalties

45010.  The Legislature hereby finds and declares as follows:
   (a) It is the intent of the Legislature that administrative civil
penalties should be imposed on the operators of solid waste
facilities in a judicious manner and should only be imposed after all
feasible efforts have been made by enforcement agencies to provide
proper notice of violations to alleged violators as well as a
reasonable opportunity to bring solid waste facilities into
compliance with this division.
   (b) Any funds collected through the imposition of civil penalties
pursuant to this article shall not be deposited in the General Fund
of the local enforcement agency, but instead shall be deposited in a
segregated account and used exclusively for the purpose of bringing a
solid waste facility into compliance with this division or to
remediate an abandoned solid waste disposal  site.
   (c) Any civil penalties paid to the board pursuant to this article
shall be deposited in the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027.
45011.  (a) If an enforcement agency determines that a solid waste
facility or disposal site, is in violation of this division, any
regulations adopted pursuant to this division, any corrective action
or cease and desist order, or any other order issued under this
division, or poses a potential or actual threat to public health and
safety or the environment, the enforcement agency may issue an order
establishing a time schedule according to which the facility or site
shall be brought into compliance with this division.  The order may
also provide for a civil penalty, to be imposed administratively by
the enforcement agency, in an amount not to exceed five thousand
dollars ($5,000) for each day on which a violation occurs, if
compliance is not achieved in accordance with that time schedule.
   (b) Before issuing an order that imposes a civil penalty pursuant
to subdivision (a), an enforcement agency shall do both of the
following:
   (1) Notify the operator of the solid waste facility that the
facility is in violation of this division.
   (2) Upon the request of the operator of the solid waste facility,
meet with the operator of the solid waste facility to clarify
regulatory requirements and to determine what actions, if any, that
the operator may voluntarily take to bring the facility into
compliance by the earliest feasible date.
45012.  (a) The board shall not take any enforcement action
specified in this part without providing notice to the local
enforcement agency and the violator of the board's intent to take
that action, allowing the local enforcement agency and the violator a
reasonable opportunity to correct the violation, and conducting a
public hearing on the matter.  In taking any such enforcement action,
the board is vested, in addition to its other powers, with all of
the powers of a local enforcement agency under this division.
   (b) Notwithstanding subdivision (a), if the board finds that a
local enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health or safety or to the
environment, the board may take the enforcement action, as the board
determines is necessary.
45013.  The board shall, upon the request of the local enforcement
agency, provide guidance to the enforcement agency regarding the
inspection and investigation of illegal, abandoned, or inactive
closed sites, to ensure that public health and safety and the
environment are protected.
45014.  (a) Upon the failure of any person to comply with any final
order issued by a local enforcement agency or the board, the Attorney
General, upon request of the board, shall petition the superior
court for the issuance of a preliminary or permanent injunction, or
both, as may be appropriate, restraining the person or persons from
continuing to violate the order or complaint.
   (b) Any attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, any term or condition in any
solid waste facilities permit, or any standard adopted by the board
or the local enforcement agency.
   (c) In addition to the administrative imposition of civil
penalties pursuant to this part and Article 6 (commencing with
Section 42850) of Chapter 16 of Part 3, any attorney authorized to
act on behalf of the local enforcement agency or the board may apply,
to the clerk of the appropriate court in the county in which the
civil penalty was imposed, for a judgment to collect the penalty.
The application, which shall include a certified copy of the decision
or order in the civil penalty action, constitutes a sufficient
showing to warrant issuance of the judgment.  The court clerk shall
enter the judgment immediately in conformity with the application.
The judgment so entered shall include the amount of the court filing
fee which would have been due from an applicant who is not a public
agency, and has the same force and effect as, and is subject to all
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the court
in which it is entered, provided that the amount of the unpaid court
filing fee shall be paid to the court prior to satisfying any of the
civil penalty amount.  Thereafter, any civil penalty or judgment
recovered shall be paid, to the maximum extent allowed by law, to the
board or to the local enforcement agency, whichever is represented
by the attorney who brought the action.
45015.  Remedies under this part are in addition to, and do not
supersede or limit, any other applicable remedies provided by law.
45016.  In making a determination regarding the allegations in, and
the amount of any liability that may be imposed pursuant to, an
order, petition, or complaint and determining the appropriate
outcome, and when determining whether to deny, suspend, or revoke a
permit or to deny a permit application, the issuing agency, the
board, or a court, as the case may be, shall take into consideration:
   (a) The nature, circumstances, extent, and gravity of any
violation or any condition giving rise to the violation and the
various remedies and penalties that are appropriate in the given
circumstances, with primary emphasis on protecting the public health
and safety and the environment.
   (b) Whether the violations or conditions giving rise to the
violation have been corrected in a timely fashion or reasonable
progress is being made.
   (c) Whether the violations or conditions giving rise to the
violation demonstrate a chronic pattern of noncompliance with this
division, the regulations adopted pursuant to this division, or with
the terms and conditions of a solid waste facilities permit, or pose,
or have posed, a serious risk to the public health and safety or to
the environment.
   (d) Whether the violations or conditions giving rise to the
violation were intentional.
   (e) Whether the violations or conditions giving rise to the
violation were voluntarily and promptly reported to appropriate
authorities prior to the commencement of an investigation by the
enforcement agency.
   (f) Whether the violations or conditions giving rise to the
violation were due to circumstances beyond the reasonable control of
the violator or were otherwise unavoidable under the circumstances.
   (g) Whether in the case of violations of this division, or the
regulations adopted pursuant to this division, the violator has
established one or more of the following programs prior to committing
the violation that will help to prevent violations of the type
committed in the future:
   (1) A comprehensive compliance program designed to prevent
violations of this division, the regulations adopted pursuant to this
division, and of the terms and conditions of the solid waste
facilities permit.
   (2) Employee training programs designed to educate the employees
regarding their responsibilities under this division, the regulations
adopted pursuant to this division, and the terms and conditions of
the solid waste facilities permit.
   (3) Regular internal audits to monitor the effectiveness of the
comprehensive compliance programs described in paragraph (1).
   (4) Confidential systems for employee reporting of potential
statutory, regulatory, or solid waste facilities permit violations
and for protecting persons so reporting from retaliatory employment
actions.
   (5) Special incentive programs that promote and reward statutory,
regulatory, and permit compliance.
45017.  (a) (1) Except as provided in paragraphs (2) and (3), all
orders and determinations issued pursuant to this part or Part 4
(commencing with Section 43000) shall take effect   immediately upon
service, except that a request for a hearing pursuant to Section
44307 shall stay the effect of any or all provisions of the order
until the date of the completion of all administrative appeals.
   (2) Any provision of an order issued under this part or Part 4
(commencing with Section 43000) shall take effect upon service on the
affected person if the enforcement agency finds that the actions or
inactions associated with that provision may pose an imminent and
substantial threat to the public health and safety or to the
environment, and a request for a hearing shall not stay the effect of
that provision of the order pending completion of all administrative
appeals.
   (3) A cease and desist order issued pursuant to Section 44002
shall take effect upon service on the affected person and a request
for a hearing shall not stay the effect of the order, not
withstanding the completion of any administrative appeal, if the
cease and desist order is issued to a person operating a solid waste
facility on a property for which a solid waste facilities permit is
required, and one of the following applies:
   (A) The person has not applied for any solid waste facilities
permit for that property before the date of the issuance of the cease
and desist order.
   (B) The person has been denied a solid waste facilities permit for
the operation on that property for which a solid waste facilities
permit is required.
   (b) For purposes of this section, service may be effected by any
of the following:
   (1) Personal delivery.
   (2) First-class United States mail, if it is made by certified
mail with a return receipt requested.
   (3) Express delivery by a national express mail service that
provides evidence of delivery.
45018.  The payment of civil liability assessed in any order issued
under this chapter shall be made within 30 days of the date the order
becomes final.  Any penalties recovered shall be sent to the board
or to the enforcement agency, whichever brought the action, as
provided in subdivision  (c) of Section 45014.
45019.  At least 10 days prior to the date of issuance of an
enforcement order which is not for an emergency, or within five days
from the date of issuance of an enforcement order for an emergency,
or within 15 days from the date of discovery of a violation of a
state law, regulation, or term or condition of a solid waste
facilities permit for a solid waste facility, which is likely to
result in an enforcement action, the following agencies shall, to the
extent that the enforcement action involves a violation that may
also be under the jurisdiction of another state regulatory agency,
provide a written statement providing an explanation of, and
justification for, the enforcement order or a description of the
violation in the following manner:
   (a) The local enforcement agency shall, as appropriate, provide
the statement to the regional water board, the board, the air
pollution control district or air quality management district, and
the Department of Toxic Substances Control.
   (b) A regional water board shall, as appropriate, provide the
statement to the local enforcement agency, the board, the air
pollution control district or air quality management district, and
the Department of Toxic Substances Control.
   (c) An air pollution control district or an air quality management
district shall, as appropriate, provide the statement to the local
enforcement agency, the board, the regional water board, and the
Department of Toxic Substances Control.
   (d) The Department of Toxic Substances Control shall, as
appropriate, provide the report of inspection required by paragraph
(1) of subdivision (c) of Section 25185 of the Health and Safety Code
to the local enforcement agency, the board, the regional water
board, and the air pollution control district or air quality
management district.
45020.  (a) Within 30 days from the date of receipt of a notice of
the issuance of, or the proposal to issue, an enforcement order
pursuant to Section 45022, the regional water board, the enforcement
agency, or the air pollution control district or the air quality
management district, and the Department of Toxic Substances Control
shall, as appropriate, inspect the solid waste facility to determine
whether any state law, regulation, or term or condition of a permit,
which that board or agency is authorized to enforce, is being
violated.
   (b) Each agency shall, to the maximum extent allowed  by law, do
all of the following with respect to enforcement activities at solid
waste facilities:
   (1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
   (2) Notify the facility operator of any violation before imposing
an administrative civil penalty.
   (3) Prior to imposing any administrative penalty, and upon the
request of the operator of the solid waste facility, meet with the
operator to clarify the regulatory requirements and to determine what
actions, if any, the operator could voluntarily take to bring the
facility into compliance by the earliest feasible date.  If a
contemporaneous enforcement action or investigation dealing with the
same violation or with similar violations is being pursued by another
regulatory agency, a city attorney, a district attorney, or the
Attorney General, the operator may request a meeting with all those
investigating and enforcement entities.
   (4) Consider the factors prescribed in Section 45016 in
determining appropriate enforcement actions.
45021.  If any board or agency specified in Section 45019 receives a
complaint concerning a solid waste facility and the board or agency
determines that it is not authorized to take action concerning the
complaint, the board or agency shall refer the complaint within 30
days from the date of receipt to another state agency which it
determines is authorized to take action.
45022.  If any agency or board specified in Section 45019 receives a
complaint concerning a solid waste facility which the agency or
board does not refer to another state agency pursuant to Section
45021, or if the agency or board receives such a complaint referred
to it by another agency or board pursuant to Section 45021, the
agency or board shall either take appropriate enforcement action
concerning the facility pursuant to this part, or refer the complaint
to the Attorney General, the district attorney, or city attorney,
whichever is applicable, or, at the earliest feasible date, not to
exceed 60 days, provide the person who filed the complaint with a
written statement explaining why an enforcement action would not be
appropriate.
45022.5.  An enforcement agency shall maintain a record of, and take
any action that the enforcement agency is authorized to take
regarding, a complaint, referral, or inspection relating to the
operation of a solid waste facility, solid waste disposal site, or
solid waste handling activity, including, but not limited to, those
activities that do not require a solid waste facilities permit,
within its jurisdiction.
45023.  Any person who (a) owns or operates a solid waste facility
and who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit, (b) operates a solid waste facility without a
solid waste facilities permit, or (c) intentionally or negligently
violates any standard adopted by the board, is subject to a civil
penalty not to exceed ten thousand dollars ($10,000) for each day the
violation or operation occurs.
45024.  Any attorney authorized to act on behalf of the board or a
local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Any penalties recovered pursuant to this section shall be paid, to
the maximum extent allowed by law, to the board or to the local
enforcement agency, whichever is represented by the attorney
bringing the action.