SECTIONS 25420-25422 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25420-25422

25420. For purposes of this chapter, the following definitions
apply:
(a) "Department" means the Department of Toxic Substances Control.
(b) "Gas corporation" has the same meaning as defined in Section
222 of the Public Utilities Code and is subject to rate regulation by
the Public Utilities Commission.
(c) "Person" means an individual, trust, firm, joint stock
company, partnership, association, business concern, limited
liability company, or corporation. "Person" also includes any city,
county, district, and the state or any department or agency thereof,
or the federal government or any department or agency thereof to the
extent permitted by law.

25421. (a) Until the rule or order specified in subdivision (b) is
adopted, no gas producer shall knowingly sell, supply, or transport
landfill gas to a gas corporation, and no gas corporation shall
knowingly purchase landfill gas, if that gas contains vinyl chloride
in a concentration that exceeds the operative no significant risk
level set forth in Article 7 (commencing with Section 12701) of
Chapter 3 of Division 2 of Title 22 of the California Code of
Regulations.
(b) On or before January 1, 1990, the Public Utilities Commission
shall, by rule or order, specify the maximum amount of vinyl chloride
that may be found in landfill gas pursuant to the requirements of
subdivision (a).
(c) No gas corporation shall knowingly and intentionally expose
any customer, employee, or other person to gas from a landfill if
that gas contains any chemical known to the state to cause cancer or
reproductive toxicity without first giving clear and reasonable
warning to that individual, except as provided by Section 25249.10.
(d) Every person who produces, sells, supplies, or releases
landfill gas for sale offsite to a gas corporation shall, twice each
month, sample and test the gas at the point of distribution for the
presence of chemicals known to the state to cause cancer or
reproductive toxicity in accordance with the test guidelines prepared
under Section 41805.5. The air pollution control district or air
quality management district within which the landfill is situated
shall review the testing procedures for compliance with the
guidelines and require the correction of any deficiencies. The
district shall require, among other things, that the gas be analyzed
by a laboratory certified by the department and shall transmit the
results of the analysis to the department for its determination of
compliance or noncompliance with subdivisions (a) and (b). The
department shall fix and impose upon the gas producer a fee to cover
its costs under this subdivision. The results of each sample and test
shall be reported promptly to the gas corporation to which the
landfill gas is sold, and any person or public agency requesting a
copy of the report.
(e) Nothing in this section prohibits the direct delivery of
landfill gas for the generation of electricity, the production of
steam, or other industrial application.
(f) The gas corporation shall obtain the results of the test
conducted pursuant to subdivision (d) and shall purchase no gas which
the test shows to contain vinyl chloride that exceeds the amount
permitted in subdivision (a), or if the rule or order has been
adopted, as specified in subdivision (b).
(g) This section applies only to landfill gas delivered to the
pipeline of a gas corporation.

25422. (a) Any person violating, or threatening to violate, Section
25421 may be enjoined in any court of competent jurisdiction.
(b) Any person who has violated Section 25421 shall be liable for
a penalty not to exceed two thousand five hundred dollars ($2,500)
per day for each violation. The civil penalty may be assessed and
recovered in a civil action brought in any court of competent
jurisdiction. The actions may be brought by the Attorney General in
the name of the people of the State of California or by any district
attorney or by any city attorney of a city having a population in
excess of 750,000 or with the consent of the district attorney by a
city prosecutor. The penalties may also be assessed administratively
pursuant to Section 25187.