Enforcement

Cal. HSC § 25180

California Statutes

(a)

(1) Except as provided in paragraph (2), the standards in this

chapter and the regulations adopted by the department to implement this

chapter shall be enforced by the department, and by any local health officer or any local public officer designated by the director.

(2) The standards of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404, and the regulations adopted to implement the standards of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404, shall be enforced by the department and one of the following: (

A) If there is no CUPA, the officer or agency authorized, pursuant to subdivision (

f) of

Section 25404.3, to implement and enforce the requirements of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404. (

B) Within the jurisdiction of a CUPA, the unified program agencies, to the extent provided by this

chapter and Sections 25404.1 and 25404.2. Within the jurisdiction of a CUPA, the unified program agencies shall be the only local agencies authorized to enforce the requirements of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404. (b)

(1) In addition to the persons specified in subdivision (a), any traffic officer, as defined by

Section of the Vehicle Code, and any peace officer specified in

Section 830.1 of the Penal Code, may enforce

Section 25160, subdivision (

a) of

Section 25163, and Sections 25250.18, 25250.19, and 25250.23. Traffic officers and peace officers are authorized representatives of the department for purposes of enforcing the provisions set forth in this subdivision.

(2) A peace officer specified in subdivision (

a) of

Section 830.37 of the Penal Code may, upon approval of the local district attorney, enforce the standards in this

chapter and regulations adopted by the department to implement this chapter. A peace officer authorized to enforce those standards and regulations pursuant to this paragraph shall perform these duties in coordination with the appropriate local officer or agency authorized to enforce this

chapter pursuant to subdivision (a), and shall complete a training program which is equivalent to that required by the department for local officers and agencies authorized to enforce this

chapter pursuant to subdivision (a). (

c) Notwithstanding any limitations in subdivision (b), a member of the California Highway Patrol may enforce Sections 25185, 25189, 25189.2, 25189.5, 25191, and 25195, and

Article 6 (commencing with

Section 25160) and

Article 6.5 (commencing with

Section 25167.1), as those provisions relate to the transportation of hazardous waste. (

d) In enforcing this chapter, including, but not limited to, the issuance of orders imposing administrative penalties, the referral of violations to prosecutors for civil or criminal prosecution, the settlement of cases, and the adoption of enforcement policies and standards related to those matters, the department and the local officers and agencies authorized to enforce this

chapter pursuant to subdivision (

a) shall exercise their enforcement authority in such a manner that generators, transporters, and operators of storage, treatment, transfer, and disposal facilities are treated equally and consistently with regard to the same types of violations.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 25180
Date2017-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC25180.201686185

Enforcement

Cal. HSC § 25180

California Statutes

Enforcement

Cal. HSC § 25180

California Statutes

(a)

(1) Except as provided in paragraph (2), the standards in this

chapter and the regulations adopted by the department to implement this

chapter shall be enforced by the department, and by any local health officer or any local public officer designated by the director.

(2) The standards of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404, and the regulations adopted to implement the standards of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404, shall be enforced by the department and one of the following: (

A) If there is no CUPA, the officer or agency authorized, pursuant to subdivision (

f) of

Section 25404.3, to implement and enforce the requirements of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404. (

B) Within the jurisdiction of a CUPA, the unified program agencies, to the extent provided by this

chapter and Sections 25404.1 and 25404.2. Within the jurisdiction of a CUPA, the unified program agencies shall be the only local agencies authorized to enforce the requirements of this

chapter listed in paragraph (1) of subdivision (

c) of

Section 25404. (b)

(1) In addition to the persons specified in subdivision (a), any traffic officer, as defined by

Section of the Vehicle Code, and any peace officer specified in

Section 830.1 of the Penal Code, may enforce

Section 25160, subdivision (

a) of

Section 25163, and Sections 25250.18, 25250.19, and 25250.23. Traffic officers and peace officers are authorized representatives of the department for purposes of enforcing the provisions set forth in this subdivision.

(2) A peace officer specified in subdivision (

a) of

Section 830.37 of the Penal Code may, upon approval of the local district attorney, enforce the standards in this

chapter and regulations adopted by the department to implement this chapter. A peace officer authorized to enforce those standards and regulations pursuant to this paragraph shall perform these duties in coordination with the appropriate local officer or agency authorized to enforce this

chapter pursuant to subdivision (a), and shall complete a training program which is equivalent to that required by the department for local officers and agencies authorized to enforce this

chapter pursuant to subdivision (a). (

c) Notwithstanding any limitations in subdivision (b), a member of the California Highway Patrol may enforce Sections 25185, 25189, 25189.2, 25189.5, 25191, and 25195, and

Article 6 (commencing with

Section 25160) and

Article 6.5 (commencing with

Section 25167.1), as those provisions relate to the transportation of hazardous waste. (

d) In enforcing this chapter, including, but not limited to, the issuance of orders imposing administrative penalties, the referral of violations to prosecutors for civil or criminal prosecution, the settlement of cases, and the adoption of enforcement policies and standards related to those matters, the department and the local officers and agencies authorized to enforce this

chapter pursuant to subdivision (

a) shall exercise their enforcement authority in such a manner that generators, transporters, and operators of storage, treatment, transfer, and disposal facilities are treated equally and consistently with regard to the same types of violations.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 25180
Date2017-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC25180.201686185