California DTSC Plans Haz Waste Penalty Updates
At meetings with stakeholders this month (August 2023), California DTSC is sharing plans to strengthen enforcement and penalty assessments for hazardous waste management violations. During the meetings, regulators present details about enforcement concepts and potential solutions to more strongly deter businesses from violating the state's hazardous waste laws and regulations.
On the prospect of stronger penalty regulations for hazardous waste violations, DTSC says:
"The regulations are used to determine administrative penalty amounts assessed for anyone who mismanages hazardous waste in violation of California statutes, regulations, and permit requirements. The concepts increase penalty assessment consistency and focus on strong enforcement against serious violators in overburdened communities."
[E-mail meeting announcement, 08/09/23]
Follow the presentations, DTSC opens the floor for public comments and questions from stakeholders and members of the public. DTSC hosted meetings in Sacramento and Los Angeles earlier this month. A video of the meeting in Sacramento on August 2 is available to view below.
Inspections and enforcement are a primary component of California's state hazardous waste program. The state legislature nearly tripled the maximum civil penalty for a hazardous waste violation to $70,000 per day, per violation in 2017 (AB 245).
8/31 Berkeley Hazardous Waste Penalty Meeting
The third and final meeting with stakeholders is scheduled for August 31 in Berkeley from 1 to 3 PM at the DTSC Berkeley Auditorium (700 Heinz Ave, Suite 200).
Topics open for public comment in advance of the meetings included:
- Using plain language in the regulations
- How DTSC determines “potential harm”
- The Penalty Matrix Table for hazardous waste violations
- “Set penalties” and the “penalty selector”
- Penalty adjustments for multi-day violations
- Penalty adjustments for self-disclosed violations
- Environmental equity
Sacramento Hazardous Waste Penalty Meeting (Aug. 2)
See the official Agenda for DTSC's Sacramento meeting on August 2 here. View the video of the meeting session in Sacramento, which was added to DTSC's YouTube channel this month.
The regulations governing assessment of hazardous waste penalties are found in Title 22 of the California Code of Regulations (22 CCR) 66272.60—66272.69.
Hazardous waste generators, business owners, industry pros, and organizations who wish to submit comments to DTSC about changing the way hazardous waste penalties are assessed in California can do so here: DTSC Hazardous Waste Penalty Assessment Regulation Concepts Feedback 2023—English.
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