Hazardous materials: management: civil liability.
The passage of AB 3138 is expected to significantly impact state laws related to hazardous materials management and enforcement. With increased penalties, industries handling hazardous wastes will likely have a greater incentive to adhere to safety regulations and submit timely risk management plans to avoid incurring steep fines. The bill also mandates that if a violation results in an emergency, responsible parties may be liable for the complete costs of the emergency response and the cleanup of hazardous materials, which further emphasizes accountability in hazardous substance management.
Assembly Bill No. 3138, introduced by Muratsuchi, amends Section 25540 of the Health and Safety Code concerning the civil liabilities associated with hazardous materials management. The primary objective of this bill is to increase the maximum civil or administrative penalties for violations related to hazardous materials management. Effective from January 1, 2019, the bill raises the lesser maximum penalty for violations from $2,000 to $5,000 for each day of violation, while maintaining the higher penalty of $25,000 for knowingly committed violations, regardless of prior notice. This amendment aims to enhance company compliance with environmental health standards and deter hazardous practices by imposing stricter penalties for violators.
The sentiment surrounding AB 3138 is generally positive among environmental advocates and regulatory agencies who argue that the bill strengthens public safety and environmental protections. They perceive the heightened penalties as a crucial step towards mitigating risks associated with hazardous materials. However, some stakeholders from the industry express concerns regarding the increased financial burdens that such penalties may impose on businesses, potentially impacting their operations and competitiveness. This divide highlights the tension between regulatory compliance and economic viability in discussions around environmental legislation.
Notable points of contention during discussions of AB 3138 include concerns from the business sector about the potential for overly punitive measures that could lead to job losses and operational viability issues. Critics argue that while public safety is paramount, the structure of escalating penalties should be balanced with an understanding of the operational realities businesses face. Additional discussions also revolve around the original exemption for any violations occurring under certain provisions, leading some to question the fairness of liability considerations, particularly for smaller businesses that may lack the resources to manage complex regulatory requirements.