CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500. - 25547.8.]

Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1.

§§ 25500–25547.8 · 88 sections

1. ARTICLE 1. Business and Area Plans §§ 25500–25519 · 40 sections

   • § 25500 (a) The Legislature declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans…
   • § 25501 Unless the context indicates otherwise, the following definitions govern the construction of this article: (a) “Agricultural handler” means a business…
   • § 25502 (a) (1) Notwithstanding any other law, this article and Article 3 (commencing with Section 25545), as it pertains to the handling of hazardous material, and…
   • § 25503 (a) The secretary shall adopt, after public hearing and consultation with the Office of the State Fire Marshal and other appropriate public entities,…
   • § 25504 (a) The Legislature hereby finds and declares that persons attempting to do business in this state are increasingly experiencing excessive and duplicative…
   • § 25505 (a) A business plan shall contain all of the following information: (1) The inventory of information required by this article and additional information the…
   • § 25505.1 A business that is required to establish and implement a business plan pursuant to Section 25507 and is located on leased or rented real property shall notify,…
   • § 25506 (a) The secretary, in coordination with the Office of Emergency Services, shall specify the hazardous materials inventory that shall be submitted by handlers…
   • § 25507 (a) Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a…
   • § 25507.1 (a) A unified program agency shall exempt a business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or…
   • § 25507.2 Except as specified in this section, unless required by a local ordinance, the unified program agency shall exempt a business from application of Sections…
   • § 25507.5 (a) A supplier of hazardous materials that are listed by the United States Department of Transportation and that are classified in two or more federal hazard…
   • § 25508 (a) (1) A handler shall electronically submit its business plan to the statewide information management system in accordance with the requirements of this…
   • § 25508.1 Within 30 days of any one of the following events, a business subject to this article shall electronically update the information submitted to the statewide…
   • § 25508.2 On or before the due date established pursuant to paragraph (2) of subdivision (a) of Section 25508, the business owner, business operator, or officially…
   • § 25508.3 Except for a household hazardous waste collection facility, as defined in Section 25218.1, a handler subject to the requirements of this chapter, if directed…
   • § 25509 (a) The unified program agency shall maintain its administrative procedures with regard to maintaining records and responding to requests for information in…
   • § 25510 (a) (1) Except as provided in subdivision (b), a hazardous material, hazardous waste, or hazardous substance release or threatened release shall be reported by…
   • § 25510.1 (a) A business required to submit a followup emergency notice pursuant to Section 11004(c) of Title 42 of the United States Code shall submit the notice on a…
   • § 25510.2 In order to carry out the purposes of this chapter, a unified program agency may train for, and respond to, the release, or threatened release, of a hazardous…
   • § 25510.3 The emergency response personnel, responding to the reported release or threatened release of a hazardous material, or of a regulated substance, as defined in…
   • § 25511 (a) In order to carry out the purposes of this article and Article 2 (commencing with Section 25531), an employee or authorized representative of a unified…
   • § 25512 (a) As used in this section, “trade secret” means a trade secret as defined in either subdivision (f) of Section 7924.510 of the Government Code or Section…
   • § 25512.1 Notwithstanding Section 25512, information certified by appropriate officials of the United States as necessary to be kept secret for national defense purposes…
   • § 25513 (a) Each administering county or city may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business required to…
   • § 25514 Notwithstanding any other law, a public entity shall not be held liable for any injury or damages resulting from an inadequate or negligent review of a…
   • § 25514.1 (a) The submission of any information required under this article does not affect any other liability or responsibility of a business with regard to…
   • § 25515 (a) A business that violates Sections 25504 to 25508.2, inclusive, or Section 25511, shall be civilly liable to the unified program agency in an amount of not…
   • § 25515.1 A person that knowingly violates Sections 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation, is, upon conviction,…
   • § 25515.2 (a) Notwithstanding Section 25515, a business that violates this article is liable to a unified program agency for an administrative penalty not greater than…
   • § 25515.3 (a) A person or business that violates Section 25510 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for…
   • § 25515.4 A person who willfully prevents, interferes with, or attempts to impede the enforcement of this article by any authorized representative of a unified program…
   • § 25515.5 (a) All criminal penalties collected pursuant to this article shall be apportioned in the following manner: (1) Fifty percent shall be paid to the office of…
   • § 25515.6 (a) (1) If the unified program agency determines that a business has engaged in, is engaged in, or is about to engage in acts or practices that constitute or…
   • § 25515.7 Every civil action brought under this article or Article 2 (commencing with Section 25531) shall be brought by the city attorney, county counsel, district…
   • § 25515.8 (a) In a civil action brought pursuant to this article or Article 2 (commencing with Section 25531) in which a temporary restraining order, preliminary…
   • § 25516 (a) A person who provides information that materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section…
   • § 25517 The secretary may develop materials, including guidelines and informational pamphlets, to assist businesses to fulfill their obligations under this article.
   • § 25518 This article shall be construed liberally so as to accomplish the intent of the Legislature in protecting the public health, safety, and the environment.
   • § 25519 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
2. ARTICLE 2. Hazardous Materials Management §§ 25531–25543.3 · 36 sections

   • § 25531 (a) The Legislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine,…
   • § 25531.1 The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and…
   • § 25531.2 (a) The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, the agency will…
   • § 25532 Unless the context indicates otherwise, the following definitions govern the construction of this article: (a) “Accidental release” means an unanticipated…
   • § 25533 (a) The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to…
   • § 25534 (a) For any stationary source with one or more covered processes, the unified program agency may make a determination as to whether there is a significant…
   • § 25534.05 (a) The agency, in consultation with the unified program agencies, industry, the public, and other interested parties, shall adopt regulations for all of the…
   • § 25534.06 (a) A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do so at a…
   • § 25534.1 Each RMP required to be prepared pursuant to this article shall give consideration to the proximity of the facility or proposed facility to populations located…
   • § 25534.2 Any new or modified stationary source which is required to prepare an RMP pursuant to this article shall be subject to the requirements of Section 65850.2 of…
   • § 25534.5 The unified program agency with jurisdiction over a stationary source or facility may have access to inspect the stationary source and review all technical and…
   • § 25535 (a) An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to the unified program agency after the RMP is…
   • § 25535.1 (a) Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required pursuant to Part 68…
   • § 25535.2 Within 15 days after the unified program agency determines that an RMP is complete, the unified program agency shall make the RMP available to the public for…
   • § 25535.5 Any fee imposed on any stationary source to cover the unified program agency’s cost of implementing the accidental release prevention program pursuant to this…
   • § 25536 (a) A person or a stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date…
   • § 25536.5 (a) A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it…
   • § 25536.6 (a) Each local implementing agency shall develop an integrated alerting and notification system, in coordination with local emergency management agencies,…
   • § 25536.7 (a) (1) An owner or operator of a stationary source that is engaged in activities described in Code 324110 or 325110 of the North American Industry…
   • § 25536.8 (a) Subject to subdivision (e), the definitions in subdivision (b) of Section 25536.7 shall apply for purposes of this section, except that the criterion…
   • § 25536.9 On or before February 1, 2018, an owner or operator of a stationary source that claims that it is exempt from the requirement in paragraph (1) of subdivision…
   • § 25537 (a) (1) The unified program agency shall inspect every stationary source required to be registered pursuant to this article at least once every three years to…
   • § 25537.5 (a) Where a stationary source has one or more covered processes, and is subject to the requirements of Article 1 (commencing with Section 25500) for the same…
   • § 25538 (a) If a stationary source believes that any information required to be reported, submitted, or otherwise provided to the unified program agency pursuant to…
   • § 25539 The agency and each unified program agency, in implementing this article, shall, upon request, involve and cooperate with local and state government officials,…
   • § 25540 (a) A person or stationary source that violates this article shall be civilly or administratively liable to the unified program agency in one of the following…
   • § 25540.1 A person or stationary source that knowingly violates this article after reasonable notice of the violation is guilty of a misdemeanor and may, upon…
   • § 25540.5 Any person or stationary source who violates any rule or regulation, emission limitation, permit condition, order, fee requirement, filing requirement, duty to…
   • § 25541 Any person or stationary source who knowingly makes any false material statement, representation or certification in any record, report, or other document…
   • § 25541.3 Any person or stationary source who knowingly violates any requirement of this article, including any fee or filing requirement, for which delegation of…
   • § 25541.5 If civil penalties are recovered pursuant to Section 25540 or 25540.5, the same offense shall not be the subject of a criminal prosecution pursuant to Section…
   • § 25542 (a) It is the intent of the Legislature that for those facilities with an RMP incorporating some, or all, of the federal or state process safety management…
   • § 25543 The agency shall obtain and maintain state delegation of the federal accidental release prevention program established pursuant to subsection (r) of Section…
   • § 25543.1 (a) Any person may submit a petition to the agency for the addition of a material to, or for the deletion of a material from, the regulated substances list…
   • § 25543.2 (a) A stationary source that intends to modify a facility that may result either in a significant increase in the amount of regulated substances handled by the…
   • § 25543.3 The agency, in consultation with the Office of Environmental Health Hazard Assessment, shall periodically do all of the following: (a) Review each regulated…
3. ARTICLE 3. Emergency Planning and Community Right to Know Act of 1986 Implementation § 25545 · 1 section

   • § 25545 The Office of Emergency Services shall develop informational guidelines for facilities required to comply with Chapter 116 (commencing with Section 11001) of…
4. ARTICLE 4. California Toxic Release Inventory Program Act of 2007 §§ 25546–25546.5 · 6 sections

   • § 25546 The Legislature finds and declares all of the following: (a) The people of California have the right to know the hazards posed by toxic releases near their…
   • § 25546.1 This article shall be known, and may be cited, as the “California Toxic Release Inventory Program Act of 2007.”
   • § 25546.2 For purposes of this article, the following definitions shall apply: (a) “Department” means the Department of Toxic Substances Control. (b) “Facility” means a…
   • § 25546.3 (a) On or before January 1, 2009, the department shall develop and implement the California Toxic Release Inventory Program pursuant to this article. (b)…
   • § 25546.4 (a) The program established pursuant to this article shall require a facility to submit a toxic chemical release form to the department, in accordance with the…
   • § 25546.5 (a) The department may adopt regulations to implement the program as emergency regulations. The emergency regulations adopted pursuant to this section shall be…
5. ARTICLE 5. Spill Prevention and Response for Railroads §§ 25547–25547.8 · 5 sections

   • § 25547 For purposes of this article, the following terms have the following meanings: (a) “Bakken oil” means petroleum crude oil, Class 3, sourced from the Bakken…
   • § 25547.2 (a) No later than January 31, 2015, and every three months thereafter, a rail carrier shall prepare and submit to the office commodity flow data for the prior…
   • § 25547.4 Each rail carrier shall maintain a response management communications center, which shall provide real-time information to an authorized public safety…
   • § 25547.6 (a) Each rail carrier shall provide the office with a summary of the rail carrier’s hazardous materials emergency response plan. The rail carrier’s hazardous…
   • § 25547.8 A recipient of the reports and plans provided pursuant to Sections 25547.2 and 25547.6 shall comply with Part 15 (commencing with Section 15.1), Part 1520…