California Department of Toxic Substances Control License Defense Attorney

California Department of Toxic Substances Control License Defense Lawyer

The California Department of Toxic Substances Control, known as the DTSC, enforces and disciplines a variety of businesses, licenses and permits. DTSC is an agency underneath the California Environmental Protection Agency (CalEPA). Most California businesses and individuals have minimal or no contact with the enforcement arm of DTSC. For businesses that become part of DTSC’s disciplinary process, the consequences are profound. The DTSC disciplinary process is complex, procedural and time consuming. Businesses facing the California Department of Toxic Substances Control disciplinary process should seek legal representation from an experienced California Department of Toxic Substances Control License Defense Attorney.

The California Department of Toxic Substances Control regulates the following types of businesses in California:

California DTSC Investigation Defense Lawyer

The majority of California Department of Toxic Substances Control Investigations begin with the filing of a consumer Complaint. However, California Department of Toxic Substances Control Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Toxic Substances Control utilizes non sworn civilian investigators to conduct non criminal investigations. The DTSC also employs sworn Peace Officer Investigators to conduct criminal investigations. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Toxic Substances Control disciplinary process. At the conclusion of a California Department of Toxic Substances Control investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a California business or individual facing a California Department of Toxic Substances Control investigation, contact a California Department of Toxic Substances Control License Defense Attorney for representation.

California Department of Toxic Substances Control Accusation Defense Attorney

A formal Accusation served on a California business or individual serves as notice Department intends to take disciplinary action. The business or individual, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the business or individual. A Default will result in immediate judgment against the Respondent.

An Accusation is a serious matter that can result in substantial DTSC penalties. In many cases, it is possible for Business or individuals to reach a Stipulated Agreement with the Attorney General’s Office and California Department of Toxic Substances Control. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Business and individuals facing a California Department of Toxic Substances Control Accusation should contact an experienced California Department of Toxic Substances Control License Defense Attorney for representation.

Common causes of DTSC disciplinary violations in California include:

• Dispose of hazardous waste at an unauthorized point
• Evidence that a release to soil or water has occurred
• Incompatible wastes stored or accumulated adjacent to each other with no physical barrier for separation
• Fail systematically to comply with manifest requirements or deviate substantially from manifesting requirements
• Fail systematically to follow container/tank labeling requirements
• Failure by an owner/operator to establish or maintain a financial assurance Instrument
• Failure of a generator to keep a copy of each manifest for at least three years
• Failure of an owner/operator to develop closure or post closure plans
• Failure to adequately document hazardous waste training
• Failure to analyze all required parameters in a groundwater monitoring program
• Failure to correct violations in accordance with a schedule of compliance
• Fail to establish or maintain financial assurance for closure and/or post closure care
• Fail to have a closure or post closure plan or cost estimates for a treatment, storage, or disposal facility (TSDF)
• Fail to manage ignitable, reactive, or incompatible wastes as required by CCR section 66264.17
• Failure to implement regularly scheduled sampling activities in a groundwater monitoring program
• Failure to maintain a copy of the closure plan at the facility
• Failure to maintain an adequate contingency plan
• Failure to note in the inspection log the date and nature of any repairs
• Failure to manifest hazardous waste
• Failure to perform the required statistical analyses of monitoring data
• Failure to submit the annual report in a timely manner
• Failure to transfer wastes from deteriorated containers into sound containers
• Failure to update closure costs for inflation (although this may be a Class I Violation if such costs are substantial)
• Operate a facility without a permit or other grant of authorization
• Small deficiencies in other record keeping requirements
• Systematically use containers in poor condition
• Transport hazardous waste without being a registered transporter
• Treatment, storage, or disposal at an unauthorized point
• Use of an unregistered hazardous waste transporter
• Waste stored, accumulated or transported in an incompatible, damaged, or deteriorated container

California Department of Toxic Substances Control Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Toxic Substances Control can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Toxic Substances Control’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a business or individual to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Business or individual can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Business and individuals facing a California Department of Toxic Substances Control Administrative Law Hearing need effective representation from a California Department of Toxic Substances Control License Defense Lawyer.

California DTSC and Criminal Investigations

The California Department of Toxic Substances Control and local law enforcement agencies often investigate criminal violations arising from the Administrative Law violations above. Furthermore, DTSC also performs investigations related to Butane Honey Oil Labs, Methamphetamine Labs and other illegal Narcotics labs,. The California Department of Toxic Substances Control can refer matters for criminal prosecution to local District Attorney’s Offices and the California Attorney General’s Office. Many of the California Department of Toxic Substances Control Administrative violations stated above are also criminal offenses. Businesses and individuals facing criminal investigation and criminal prosecution based on a California Department of Toxic Substances Control Investigation need an experienced DTSC Investigation Defense Attorney for representation.

California Department of Toxic Substances Control License Denial (Statement of Issues) Attorney

The California Department of Toxic Substances Control conducts background investigations for businesses and individuals seeking a California Department of Toxic Substances Control License or Permit. The California Department of Toxic Substances Control Enforcement staff may recommend the denial of a license or permit to the California Department of Toxic Substances Control. Businesses and individuals denied a California Department of Toxic Substances Control License or Permit can appeal a denial to an Administrative Law Hearing. Most California Department of Toxic Substances Control License and Permit denials occur due to criminal activity, criminal convictions and unlawful business practices. Businesses and individuals denied a California Department of Toxic Substances Control License Permit should contact a California Department of Toxic Substances Control License Denial Appeal Lawyer for representation.