September 4

Jennifer Hartman King named 2018 “Best of the Bar”

Hartman King PC is proud to announce that Jennifer Hartman King has been awarded Sacramento Business Journal’s “Best of the Bar” for the sixth year in a row for her accomplishments in environmental law! Congratulations, Jennifer!

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



 
August 5

Sacramento Magazine named Jennifer Hartman King a 2018 Environmental “Top Lawyer”

Sacramento Magazine included President and founder of Hartman King PC, Jennifer Hartman King, on its 2018 annual “Top Lawyer” list for Environmental Law. She has been included on this list every year since the first list was published in 2015. Congratulations, Jennifer!

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



 
August 1

Jennifer Hartman King named a 2018 Northern California Super Lawyer and featured in Super Lawyers magazine

Congratulations to Jennifer Hartman King, founder of Hartman King PC, for her selection to the 2018 Northern California Super Lawyers list!  Super Lawyers is a rating service that recognizes lawyers who have attained a high degree of peer recognition and professional achievement. To read the Super Lawyers feature on her life and career, CLICK HERE.

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



 
July 11

USEPA Administrator Scott Pruitt Steps Down, Deputy Administrator Andrew Wheeler Assumes Top Post

On July 5, 2018, Scott Pruitt, the Administrator of the U.S. Environmental Protection Agency stepped down from his post. Andrew Wheeler, Deputy Administrator of the EPA, took Pruitt’s place as the agency’s Acting Administrator. According to his biography, Acting Administrator Wheeler began his career during President George H. W. Bush’s administration as a special assistant in EPA’s Pollution Prevention and Toxics office. His private sector experience includes serving as a team leader of FaegreBD Consulting’s Energy and Environment Practice Group, as Counsel at the law firm, Faegre Baker Daniels, and as co-chair of the firm’s Energy and Natural Resources Industry team. Before that, Wheeler worked in various capacities on the U.S. Senate’s Committee on Environment and Public Works and on the its subcommittee on Clean Air, Climate change, Wetlands and Nuclear Safety.

PDF – USEPA Administrator Scott Pruitt Steps Down

© 2018 – 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



 
July 5

Water Quality Requirements for Beef – Cattle Feedlots, Auction Yards, & Other Newly Regulated Confined Animal Facilities Now in Effect

Under the Bovine Feedlot General Order (“Order”) adopted in 2017, waste-discharge regulatory requirements imposed by the Central Valley Regional Water Quality Control Board (“Regional Board”) are now in effect and apply to commercial beef-cattle operations where six or more animals (or at least 6,000 pounds of livestock) are confined for more than 45 days in one year.

Operations that fall under the Order must have applied for a permit by July 1, 2018. Operators that failed to file for a permit by the deadline may be subject to a penalty of up to $1,000 for each day that their application is late. Permitted operations are required to regularly sample and monitor the wastes created by their operations, monitor groundwater quality, maintain records of the operation’s waste-management activities, and prepare and submit annual reports.

Some beef-cattle operations, such as auction yards, may be able to obtain permit coverage under a separate tier of the Order for Limited Population Operations. Regional Board staff will review an operation’s application and advise the operation if the criteria is met for the lower tier.

The application for a permit under the Order, called a “Notice of Intent for Confined Bovine Feeding Operations,” requires the operator to submit information regarding the current and largest number of animals in a single month over the last three years, details on the operation’s waste production and reuse (e.g., any land application of wastewater), manure and bedding removal, flood protection and runoff controls, composting operations, and to attach a map showing the operation’s production and land application areas.

Operators must also include a fee with their application. The fee ranges from $0 to $9,937 and is calculated based on the type of operation (feedlot or finishing/auction yard), and the type of animal (e.g., heifer, calf, cow/calf pair, etc.) confined at the facility.

If you would like more information about how the Bovine Feedlot General Order may affect you or your business, please contact us at contact@HartmanKingLaw.com.

PDF – Waste Discharge Permit Required for Beef-Cattle Feedlots and Auction Yards

© 2018 – 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 3

State General Assembly Bill Proposes Limited Regulatory Relief For Some Used Oil Generators

Earlier this year, California Assembly member Phillip Chen introduced AB 2928. AB 2928 proposes to revise the state’s used oil management requirements, which generally requires used oil to be managed as hazardous waste, by easing the compliance burden on a narrow group of used oil generators. If the bill becomes law, generators of “highly controlled used oil” seeking to send their non-hazardous used oil off-site for recycling would be subject to less stringent testing and recordkeeping requirements than other used oil generators in the state. A generator of “highly controlled used oil” is defined in the bill as a person or entity who: generates used oil from similar types of equipment used under similar circumstances; services, repairs and maintains equipment that is only owned and operated by the generator; derives no revenue from the activities associated with the generator’s equipment; does not use or store halogenated solvents in the same area where used oil is generated or stored on-site, and certifies that management practices are employed to prevent the commingling of used oil and halogenated solvents.

Generators that fall within the above-listed criteria seeking to claim that their used oil is exempt from regulation as hazardous waste would only be required to test their used oil once a year to verify that it is not hazardous and meets the “purity” standards set by the Department of Toxic Substances Control. All other generators of used oil desiring to send their used oil off-site for recycling as non-hazardous waste would still be required to test all used oil before it is transported off-site.

The proposed amendments to California’s used oil requirements are a step in the right direction, as they would ease the burden of recycling used oil for many businesses in the state. However, further regulatory relief should be considered by the California Legislature. If AB 2928 becomes law, California’s used oil management requirements would remain the most stringent in the nation.

A hearing on AB 2928 is scheduled in the General Assembly’s Environmental Safety and Toxic Materials Committee on April 10, 2018.

PDF – State General Assembly Bill Proposes Limited Regulatory Relief For Some Used Oil Generators

© 2018 – 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



 
February 27

Hazardous Materials Business Plan (HMBP) – When is the annual due date?!

Under California law, businesses that handle hazardous materials above certain thresholds must annually prepare and submit a Hazardous Materials Business Plan (“HMBP”) to the appropriate local Certified Unified Program Agency (“CUPA”).

By default, regulated businesses must submit HMBPs annually on or before March 1. However, the March 1 deadline is, like many other aspects of the HMBP program, subject to your local CUPA’s modification. For example, Monterey County Health Department’s due date is January 1, San Joaquin County Environmental Health Department’s is January 15, Los Angeles County’s is (usually) March 15, and several other CUPAs require submission within 365 days of your last submission, no matter the date.

The administrative penalties for a late submission can reach up to two thousand dollars ($2,000) per day or five thousand dollars ($5,000) per day for “knowing” violations.

Having prepared hundreds of HMBPs for clients throughout California, we appreciate the challenges businesses face in understanding and addressing the requirements established by over 80 CUPAs and numerous participating agencies throughout the state. If you would like to know more about the state’s HMBP program and how it may affect your business, please feel free to contact us.

PDF – When is the annual due date?!

© 2018 – 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



 
February 16

Commercial Growers Who Irrigate Beware: Regional Board Takes Steps Toward Increased Enforcement of Irrigated Lands Regulatory Program

In the fall of 2017, the Central Valley Regional Water Quality Control Board (“Regional Board”) sent 464 “outreach letters” to likely owners of commercial irrigated farmland located in the Eastern San Joaquin County and Sacramento Valley regions. This is the first step in the Regional Board’s process to request commercial farmers who irrigate to comply with the Irrigated Lands Regulatory Program, or ILRP, before taking enforcement action against the farmer.

Under California law, all owners of commercial irrigated farmlands are required to comply with California Water Code section 13260 and file reports of waste discharge. There are two ways to comply: (1) Join one of the existing coalitions that help regionally located farmers comply as a group; or (2) Meet the regulatory requirements as an individual.

The penalties for ignoring the Regional Board’s request to comply can be significant. Violations may result in a misdemeanor conviction and potentially cost the farmer $1,000 to $5,000 per day for each day in violation. For instance, in August of 2017, the Regional Board settled with a farmer of 35 acres in Fresno and Madera Counties over an alleged violation of the Irrigated Lands Regulatory Program for approximately $27,000. However, past settlement amounts for violations of the program have reached over double that amount.

If farmers do not contact the Regional Board after receiving an initial “outreach letter,” they can expect to receive a final “outreach letter,” followed by one or more “Directive Letters,” requesting that the farmer comply with the ILRP. If those Directives are ignored, farmers should expect the Regional Board to issue a Notice of Violation and start the formal enforcement process, which may result in significant penalties being issued.

PDF – IRLP Enforcement Trend

© 2018 – 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



 
January 30

California increases the penalty for violating the state’s hazardous waste laws

The Governor of California recently signed into law AB 245, a bill to raise the maximum civil penalties for hazardous waste violations to $70,000 per day, per violation. This nearly triples the prior maximum penalty of $25,000 per day, per violation. Liability for such penalties can be imposed in a civil action brought by state or local prosecutors, or may be imposed administratively by the Department of Toxic Substances Control or any unified program agency.

The federal government also recently raised the maximum civil penalties that may be imposed for hazardous waste violations under the Resource Conservation and Recovery Act (RCRA) to $71,264 per day, per violation. This is a much more modest increase from the previous maximum penalty amount.

For assistance in designing a proactive plan for improving your company’s hazardous waste compliance and avoiding penalties, or for negotiating with regulators and prosecutors regarding alleged violations, please contact us at Contact@HartmanKingLaw.com.

© 2018 – 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.

PDF – Hazardous Waste Penalty Increase

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



 
August 15

Jennifer Hartman King receives multiple awards from Northern California Super Lawyers

In 2017, Northern California Super Lawyers identified Jennifer Hartman King among the top 100 lawyers in Northern California, top 50 women lawyers in Northern California and top 25 lawyers in Sacramento. These designations are based on a survey of Jennifer’s peers.

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