July 25

Public Workshops to evaluate Hazardous Waste Administrative Penalties Regulations

The Department of Toxic Substances Control (DTSC) will hold Public Workshops to evaluate Hazardous Waste Administrative Penalties Regulations.

DTSC recently announced that it will hold two public workshops for the purpose of evaluating existing penalties regulations for violations of California’s Hazardous Waste Control Law and discussing potential revisions to the regulations. Members of the public and other interested parties are invited to comment on whether the regulations should be reexamined and potentially revised. Currently, the maximum initial penalty that is allowed under the regulations is $70,000.00 per violation. The existing regulations can be found here.

The first workshop will be held at 9:00 a.m. on August 7, 2019 at the DTSC Chatsworth Regional Office in Chatsworth, CA. To register for this workshop, click here.

A second workshop will be conducted in Berkeley, CA in September 2019. DTSC has not released further details regarding the second workshop at this time.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
June 27

Jennifer Hartman King named a 2019 Northern California Super Lawyer

Join us in congratulating Jennifer Hartman King for being named a 2019 Northern California Super Lawyer. This marks the sixth year in a row her peers have selected her for this prestigious award. Congratulations, Jennifer!

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
June 27

Jennifer Hartman King Appointed to the Board of California Women Lawyers

Hartman King PC is pleased to announce that Jennifer Hartman King has been appointed to the Board of California Women Lawyers.

California Women Lawyers, the only statewide bar association for women in California, promotes the advancement of women in the legal profession and is an active advocate for the concerns of women in society.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
June 27

State Water Board Targets Landfills, Airports and Drinking Water System Operators for Investigation of Potential PFAS Contamination – Refineries, Bulk Terminals, and Fire Training Facilities Are Next

This spring, the California State Water Resources Control Board (“Water Board”) issued environmental investigative orders under Water Code Section 13267 to airports and landfills across the state believed to have used or accepted per- and polyfluoroalkyl substances (“PFAS”) containing material. PFAS are a type of man-made chemical commonly used in aqueous firefighting foam, carpeting, furniture, cookware and other consumer products because of their resistance to heat, water and oil.

The Water Board also issued orders to operators of drinking water systems within a two mile radius of the identified airports and within a one mile radius of the identified landfills. The investigative orders require the operators to conduct analyses to detect potential PFAS contamination in the water.

This summer, the Water Board will initiate Phase II of its PFAS investigation and expects to issue investigative orders to refineries, bulk terminals, and non-airport fire training facilities. The Water Board is confirming that there are no manufacturers of PFAS in California, but if any are identified, Phase II will also target PFAS manufacturers.

These investigative orders direct recipients to take certain actions by specified dates and a failure to comply may result in significant penalties being levied up to $25,000 per violation per day. Those in receipt of an order to investigate should consult counsel as there are steps to take to protect their interests and minimize current and future legal exposure.

If you would like more information about the Water Board’s PFAS investigation and how it may affect you or your business, please contact us at Contact@HartmanKingLaw.com.

PDF – State Water Board Targets Landfills, Airports and Drinking Water System Operators for Investigation of Potential PFAS Contamination

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
May 17

Department of Pesticide Regulation Initiates Cancellation of Chlorpyrifos Pesticide

In a news release issued May 8, 2019, the California Environmental Protection Agency (CalEPA) announced that the Department of Pesticide Regulation (DPR) is initiating cancellation of the pesticide and toxic air contaminant chlorpyrifos in California. Because chlorpyrifos is used to control pests on a variety of crops and the cancellation would apply to dozens of products containing the pesticide, CalEPA’s and DPR’s initiated ban may significantly impact growers and others in the agriculture industry.

The decision comes on the heels of recent findings by the state’s independent Scientific Review Panel on Toxic Air Contaminants that chlorpyrifos causes serious health effects in children and other sensitive groups – including effects on brain and neurological development – at lower levels of exposure than previously identified. In consultation with other state agencies, DPR determined that it was not feasible to implement additional control measures that adequately protect the health of agricultural workers and others working or living near where chlorpyrifos is used.

DPR and the California Department of Food and Agriculture (CDFA) will convene a cross-sector working group to identify safer alternatives to chlorpyrifos. In the May Revision budget proposal, the Governor proposed $5.7 million in funding for research and technical assistance to support this effort. Prior to filing for cancellation of the pesticide, DPR intends to consult with county and local agricultural and air pollution control agencies. The cancellation process could take up to two years.

To read the full news release, click here: https://calepa.ca.gov/2019/05/08/california-acts-to-prohibit-chlorpyrifos-pesticide/

If you would like more information about how the DPR’s chlorpyrifos cancellation process may affect you or your business, please contact us at Contact@HartmanKingLaw.com.

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
May 17

California Air Resources Board Initiates Rulemaking Process to Target Emission Reductions in Personal Care, Fragrance, Household and Industrial Products

The California Air Resources Board (“CARB”) will hold numerous public workshops in the Spring and Summer of 2019 with interested stakeholders in the consumer products industry, including the personal care, fragrance, and household/industrial products sectors, to discuss CARB’s next regulatory efforts to reduce volatile organic compound (“VOC”) emissions from consumer products. Two work groups will convene, one focused on regulatory strategies and a second on regulatory definitions. CARB advises that its rulemaking may ultimately require manufacturers to reformulate their products in order to meet emission reduction requirements.

From 2013 to 2015, CARB collected survey data from the consumer and commercial products sectors and obtained technical information regarding various products’ chemical formulations and emissions. Out of the consumer products surveyed, CARB concluded that the personal care products sector contributes 45 percent of the total VOC emissions, with the household/industrial product sector contributing 37 percent. Current consumer products regulation provides a limited exemption from VOC limits for fragrances, provided the fragrance substance or mixture meets certain criteria. However, CARB concludes that fragrance is the greatest ozone forming potential contributor compared to other ingredients studied in the consumer products survey.

Throughout the upcoming work group meetings this May and Summer 2019, CARB will conduct a screening process of potential product categories to determine if regulatory action focused on those categories will result in a significant reduction in emissions. For example, CARB suggests it may screen products in categories described as: no rinse shampoo, aerosol sunscreen, laundry detergent, hair finishing spray and floor wax stripper. In the Fall 2019, CARB plans to present its findings, initial options and proposals with respect to further consumer product regulation in order to meet its emission reduction goals.

If you would like more information about how CARB’s consumer products rulemaking process may affect you or your business, please contact us at Contact@HartmanKingLaw.com.

PDF – California Air Resources Board Initiates Rulemaking Process to Target Emission Reductions in Personal Care, Fragrance, Household and Industrial Products

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
May 3

More States Adopt Plastic Bag Bans

Environmental and economic pressures are leading more states and local governments to adopt broad plastic bag bans. In an effort to curb water pollution and alleviate the inundation of plastic in landfills, several states are raising the bar on plastic bag bans with state-wide prohibitions, while more local governments pass bans on single-use plastics.

New York, New Jersey and Hawaii are poised to implement the most stringent single-use plastic bans, joining the ranks of California. Effective March 2020, New York’s state-wide ban will prohibit stores from providing single-use plastic bags, though New York will provide exemptions for food takeout bags, deli wrap, bulk items, newspaper bags and garment bags. New Jersey’s proposed law would ban Styrofoam food and beverage containers, plastic bags and plastic straws from all retailers and restaurants in the state. Hawaii’s proposed legislation prohibits all individuals and businesses from selling, distributing or otherwise providing any form of a plastic bag after July 1, 2023.  This state-wide ban includes Styrofoam containers, plastic bottles, utensils and straws.

In other states, local governments are heading the movement. Bar Harbor, New Castle, Rockland and Southwest Harbor, Maine have joined several other local governments with the passage of bans on single-use carry-out bags, other than those used exclusively to carry meats, seafood, produce, bulk items, and in some jurisdictions, pharmaceuticals. Each ordinance also contains an exception for a situation that is deemed an emergency by the local government. Southwest Harbor extends the ban beyond grocery retailers to also include convenience stores, markets, pharmacies, restaurants, takeout food, temporary and seasonal businesses, and other merchant retailers. Similarly, Belmar and Jersey City have joined several New Jersey local governments that have implemented a ban on single-use plastic carryout bags. Belmar provides an exception for businesses to use plastic bags to sell bait, and Jersey City permits the use of produce bags, newspaper bags, and pharmacist bags.

At the opposite end of the spectrum, effective March 29, 2019, North Dakota has prohibited local governments from regulating or taxing plastic bags and containers. Missouri, Mississippi, Oklahoma and Ohio have had similar prohibitions in place since 2018, and the Texas Supreme Court ruled in its July 2018 opinion, City of Laredo v. Laredo Merchants Association, that bans on single-use plastic bags violate state law, making existing local legislation unenforceable.

Significant penalties may be imposed under some of these laws for non-compliance. If you would like more information about how single-use plastic bans may affect you or your business, please contact us at contact@HartmanKingLaw.com.

PDF-More-States-Adopt-Plastic-Bag-Ban.pdf

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
April 9

Washington State Department of Ecology Releases Presentation on Update to Dangerous Waste Regulations

The Washington State Department of Ecology released a webinar presentation on recent changes to Washington’s dangerous waste regulations, which take effect on April 28, 2019. The Department amended specific sections of the dangerous waste regulations to incorporate new federal hazardous waste rules and restructured the regulations for easier use and improved compliance. These changes affect most dangerous waste generators and how they manage their dangerous waste. The presentation is available here: https://www.youtube.com/watch?v=27Y1CvthZNg

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
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