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Health & Saf. Code, § 25540 · Article 2. Hazardous Materials Management

Health & Saf. Code, § 25540

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(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 amounts, as applicable:

(1) For a violation that occurs on or before December 31, 2018, not more than two thousand dollars ($2,000) for each day in which the violation occurs, unless paragraph (3) applies.

(2) For a violation that occurs on or after January 1, 2019, not more than five thousand dollars ($5,000) for each day in which the violation occurs, unless paragraph (4) applies.

(3) For a violation committed knowingly after reasonable notice on or before December 31, 2018, not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs.

(4) For a violation committed knowingly on or after January 1, 2019, not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs.

(b) If a violation of this article results in, or significantly contributes to, an emergency, including a fire, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of any hazardous materials, in addition to the applicable amount require pursuant to subdivision (a).

(c) Subdivisions (a) and (b) shall not apply for a violation of Section 25536.6, 25536.7, or 25536.9 that occurs on or after January 1, 2019.

(d) When a unified program agency issues an enforcement order or assesses an administrative penalty, or both, for a violation of this article, the unified program agency shall utilize the administrative enforcement procedures, including the hearing procedures, specified in Sections 25404.1.1 and 25404.1.2.

Notes and commentary — not statutory text

History

Amended by Stats. 2018, Ch. 308, Sec. 1. (AB 3138) Effective January 1, 2019.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=25540.
Text hash
sha256 6486a5d59e171d074a3406e17b8da2a07af792e047344dfae38d9fb1661ca613
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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