Collection of Administrative Penalties AB 335 (Wayne & Cunneen) Amended 5/6/97

Sponsor: DTSC
Release Date: July, 1997
Contact: Diane Richardson, Cal/EPA's Legislative Director at (916) 322-7315 or Rick Brausch, Hazardous Substances Scientist, Department of Toxic Substances Control, (916) 327-1186

SUMMARY:

This bill would allow the Department of Toxic Substances Control (DTSC) to file an administrative law judge's decision directly with the clerk of the court to allow collection of judgements for violations of the Hazardous Waste Control Law.

BACKGROUND:

DTSC's enforcement authority serves a two-fold function. First, it provides an effective means to punish those who have violated the hazardous waste management requirements and placed the public and the environment at increased risk. Second, it provides a deterrent effect on those who might otherwise violate those requirements. Existing law grants DTSC the authority to impose administrative penalties upon persons who violate the Hazardous Waste Control Law. That person has the right to request a hearing by an administrative law judge to contest the order. The order becomes final when either the person takes no steps to contest the order or the administrative law judge concurs with the order.

In 1994, the State Water Resources Control Board was granted authority to enter an administrative decision as a judgment under Water Code section 13328 [AB 2054 (Cortese, Chapter 45, Statutes of 1994)]. The Department of Conservation has also been granted this authority in Public Resources Code section 14591.5 as part of its "Bottle Bill" program.

PROBLEM:

DTSC's administrative authority contains no mechanism to compel a person to pay the amount ordered in a final administrative decision.

ANALYSIS:

This bill would:

• Allow DTSC to file an administrative law judge's decision directly with the clerk of the court to allow collection of judgements for violations of the Hazardous Waste Control Law.
• Reinforce the punitive and deterrent effects of DTSC's authority, reducing the risk to the public and to the environment.
• Eliminate the need to expend valuable resources to turn final administrative judgments into judiciary enforceable judgments.