2007 California Health and Safety Code Article 8.3. Hazardous Waste Enforcement Coordinator And Strike Force

CA Codes (hsc:25197-25197.3)

25197.  (a) The Legislature hereby finds and declares as follows:
   (1) The United States Environmental Protection Agency has
estimated that 90 percent of the 9 to 10 million metric tons of
hazardous waste produced in California each year is improperly
disposed.
   (2) Approximately 50 percent of California's drinking water comes
from underground water supplies which are highly susceptible to
contamination from hazardous waste.
   (3) Prosecution for violators of hazardous waste laws requires a
specialized team of investigators and attorneys to detect,
investigate, and prosecute these violators.
   (b) It is, therefore, the intent of the Legislature in enacting
this article to increase the effectiveness of local and state
hazardous waste enforcement activities.



25197.1.  (a) The director shall establish a Hazardous Waste
Enforcement Unit within the department and shall appoint an
enforcement coordinator to administer that unit and carry out the
duties specified in subdivision (b).
   (b) The enforcement coordinator shall do all of the following:
   (1) Require that information which the department receives
concerning a violation of this chapter or any regulation or order
issued pursuant to this chapter is routinely and expeditiously
transmitted from the department to the appropriate city attorney or
district attorney, and to the Attorney General.
   (2) Make recommendations of persons to be awarded payment pursuant
to Section 25191.7.
   (3) Make annual recommendations to the Governor and the
Legislature of statutory changes to increase the capability of city
attorneys, district attorneys, and the Attorney General to prosecute
violations of this chapter and any other law or regulation relating
to hazardous waste, including needed training, assistance, and
coordination programs.
   (4) Report to the Governor and the Legislature, in the biennial
report specified in Section 25178, on the actions taken by the
enforcement coordinator and the Hazardous Waste Strike Force to carry
out this article and the results obtained from those actions in
increasing the effectiveness of local and state hazardous waste
enforcement activities.
   (5) Establish and maintain a toll-free telephone number, operating
during the regular working hours of the department, which is
available to the public to report information concerning violations
of this chapter and any other hazardous waste statutes and
regulations.  The department shall screen calls for violations and
shall refer information concerning potential violations within three
working days to the regional office of the department, the office of
the city attorney, the district attorney, or the Attorney General, as
appropriate.
   (6) Establish a program to publicize the toll-free telephone
number.
   (c) Nothing in this article limits the authority of a city
attorney, a district attorney, or the Attorney General to investigate
or prosecute violations of hazardous waste laws or regulations.
   (d) Nothing in this article limits the authority of the department
or any agency specified in subdivision (a) of Section 25197.2 to
request that a civil or criminal action be brought by a city
attorney, a district attorney, or the Attorney General under any
other law or regulation.



25197.2.  (a) The department shall establish a statewide Hazardous
Waste Strike Force which shall consist of a representative from each
of the following agencies:
   (1) The Department of Transportation.
   (2) The Department of Industrial Relations.
   (3) The Department of Food and Agriculture.
   (4) The State Water Resources Control Board.
   (5) The State Air Resources Board.
   (6) The Department of the California Highway Patrol.
   (7) The Office of the State Fire Marshal in the Department of
Forestry and Fire Protection.
   (8) The California Integrated Waste Management Board.
   (9) The Department of Fish and Game.
   (10) The Office of Emergency Services.
   (11) The Department of Toxic Substances Control.
   (12) The Attorney General.
   (13) The Department of Pesticide Regulation.
   (b) The director, or the director's designee, shall direct and
coordinate the activities of the Hazardous Waste Strike Force.
   (c) The Hazardous Waste Strike Force shall do all of the
following:
   (1) Recommend standardized programs among the agencies represented
on the Hazardous Waste Strike Force for the purposes of uniformly
enforcing state hazardous waste statutes and regulations and
reporting violators of these statutes and regulations.
   (2) Recommend programs to publicize and improve the statewide
telephone number established pursuant to paragraph (5) of subdivision
(b) of Section 25197.1.
   (3) Recommend local and regional programs to report information
concerning violations of this chapter and any other hazardous waste
statutes and regulations.



25197.3.  This article shall be funded from the department's
existing resources.