California DTSC Seeks Feedback on Conceptual Revisions to Administrative Penalties for Hazardous Waste Violations

August 30, 2023

The California Department of Toxic Substances Control (DTSC) held a series of public meetings to discuss its “concepts” for potential revisions to the current regulations (Cal. Code Regs. Tit. 22, §§ 66272.60-66272.69) that govern administrative penalties for violations of the Hazardous Waste Control Law (HWCL), Cal. Health and Safety Code §§ 25100 et seq. The agency has not yet proposed draft rule language but is instead seeking feedback on the concepts that will drive future potential regulatory revisions. The agency may incorporate stakeholder feedback when it eventually drafts the regulations.

DTSC intends for the proposed changes to increase penalty assessment consistency and focus on robust enforcement against serious violators, particularly in overburdened communities. Some of the concepts include:

Rewriting the regulations in clear, plain language to promote clarity. See Govt. Code, § 6219.
Setting mandatory minimum penalties for certain violations. Currently, the minimum penalty is $0, but it would increase to a minimum of $700 under the DTSC’s proposal.
Increasing penalties for violations in vulnerable communities in an effort to promote environmental equity.
Making the regulations more accessible to DTSC inspectors, such as by redrafting them in a question-and-answer format.

While DTSC has not yet drafted the regulations, the agency’s posture and goals appear aligned with increased enforcement on the regulated community. More information about the proposed frameworks is available here. DTSC has invited stakeholders to submit comments on the concepts by September 29, 2023. Comments can be submitted online or by mail.

Hartman King PC assists clients with complying with state and federal hazardous waste laws. We can be reached at [email protected].

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