SECTIONS 25100-25106 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25100-25106

25100. The Legislature finds that:
(a) Increasing quantities of hazardous wastes are being generated
in the state, for which the generators of the hazardous waste must
provide safe disposal.
(b) Long-term threats to public health and to air and water
quality are posed by the landfill disposal of many types of untreated
hazardous wastes and by the inappropriate handling, storage, use,
and disposal of hazardous wastes.
(c) Extensive technology exists for the safe treatment,
neutralization, and destruction of many types of hazardous wastes
prior to disposal.
(d) Numerous opportunities exist to reduce the amount of hazardous
waste generated in the state and to conserve resources through the
application of existing source reduction and recycling technology.
(e) The people of the state face immense costs as a result of
improper hazardous waste handling and disposal practices.

25101. The Legislature therefore declares that:
(a) In order to protect the public health and the environment and
to conserve natural resources, it is in the public interest to
establish regulations and incentives which ensure that the generators
of hazardous waste employ technology and management practices for
the safe handling, treatment, recycling, and destruction of their
hazardous wastes prior to disposal.
(b) In order to assist the generators of hazardous waste in
meeting the responsibility for the safe disposal of hazardous waste
it is necessary to establish the Hazardous Waste Management Council.
(c) The Legislature further declares that in order to protect the
public of this state and particularly the communities where hazardous
wastes are treated and disposed, it is essential to assure full
compensation of all people injured or damaged by hazardous wastes. It
is therefore necessary that the Hazardous Waste Management Council,
created pursuant to Section 25206, make recommendations regarding a
system of insurance and mechanisms establishing liability to achieve
this result, as required by subdivision (e) of Section 25208.
(d) It is in the best interest of the health and safety of the
people of the State of California for the state to obtain and
maintain authorization to administer a state hazardous waste program
in lieu of the federal program pursuant to Section 3006 of Public Law
94-580, as amended, the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6926). Therefore, it is the intent of the Legislature
that the director shall have those powers necessary to secure and
maintain interim and final authorization for the state hazardous
waste program pursuant to the requirements of Section 3006 of Public
Law 94-580, the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6926), and to implement such program in lieu of the federal
program.

25103. The Legislature has found that access by the people of this
state to public records is a fundamental and necessary right. The
Legislature finds that it is necessary to further the public's right
of access to public records pertaining to hazardous waste management,
information, and cleanup, to assure the fullest opportunity for
public participation in permitting and other decisions in order to
protect public health and the environment.

25105. No provision of this chapter shall limit the authority of
any state or local agency in the enforcement or administration of any
provision of law which it is specifically permitted or required to
enforce and administer.

25106. Except as expressly provided by statute, this chapter does
not supersede or modify Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.