(a) Whenever the Department, Chief or Investigative Officer of the Division of Hazardous Materials determines that any person has violated, is in violation of, or threatens to violate those laws and regulations that fall within the Department’s scope of authority pursuant to Health and Safety Code §§ 25100 et seq. (Hazardous Waste Control), or the Department, the Chief or Investigative Officer determines there has been a release as defined in Health and Safety Code §§ 25300 et seq. of hazardous waste or constituents into the environment from a hazardous waste facility, the Department, the Chief or Investigative Officer may issue an order requiring a correction of the violation, and specifying a schedule for compliance or correction.
(b) Whenever the Department, Chief or Investigative Officer of the Division of Hazardous Materials determines that any person is disposing or has illegally disposed of a hazardous waste or hazardous material to the air, soil, or waters within its jurisdiction, the Department, Chief or Investigative Officer may issue to the person an order to cease and desist from disposing of the hazardous materials and/or hazardous waste, or to remediate, cleanup, or mitigate such a disposal. Failure to comply with the order is a violation of Chapter 7 of Division 3 of Title 2, and is punishable as set forth in § 23.0715 of this Code.
(c) The person ordered to comply may request a hearing pursuant to Health and Safety Code § 25187. If the Department finds that the violation associated with any provision of the order poses an imminent and substantial endangerment to the public health or safety or the environment, a request for a hearing shall not stay the effect of that provision of the order.
(Ord. 3846, passed - -2002)