SB 642: Hazardous materials: enforcement: county counsel.

Existing law regulates the generation, transportation, and disposal of hazardous materials. Existing law authorizes the city attorney, district attorney, and the Attorney General, at the request of the Department of Toxic Substances Control or a unified program agency, to bring an action seeking to enjoin a violation of laws and regulations governing the generation, transportation, and disposal of hazardous materials. Existing law specifies that every civil action brought at the request of the department or a unified program agency is to be brought by the city attorney, the county attorney, the district attorney, or the Attorney General in the name of the people of the State of California and that those actions relating to the same processing or disposal of hazardous waste may be joined or consolidated.

This bill would authorize the county counsel to bring an action seeking to enjoin a violation of laws and regulations governing the generation, transportation, and disposal of hazardous materials. The bill would specify that county counsel, at the request of the department or a unified program agency, is authorized to bring a civil action in the name of the people of the State of California to enforce laws and regulations governing the generation, transportation, and disposal of hazardous materials.

Existing law requires certain businesses that handle hazardous materials to prepare a business and area plan relating to the handling and release or threatened release of hazardous materials and authorizes the city attorney, district attorney, and Attorney General to bring an action to enforce these requirements. Existing law regulates the operation of underground storage tanks and aboveground storage tanks and authorizes the city attorney, district attorney, and the Attorney General to bring an action to enforce these requirements. Existing law regulates the handling, storage, and disposal of medical waste and authorizes the city attorney, district attorney, and the Attorney General to bring an action to enforce these requirements.

This bill would authorize the county counsel to bring an action to enforce the requirements related to the business and area plans, underground storage tanks, aboveground storage tanks, or medical waste.

This bill would, if a county counsel or the district attorney brings an action described above, require the county counsel or district attorney, within 7 days of the filing of the action, to give notice to the district attorney or county counsel, as applicable, of the related county and would make various conforming changes.