Hazardous materials: statute of limitations: penalties.

(1) Existing law of civil procedure relating to the time for commencing an action requires that actions for civil penalties or punitive damages under specified provisions relating to hazardous waste and hazardous substances be commenced within 5 years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. This bill would include within that requirement those actions relating to hazardous materials release response plans and inventory. (2) Existing law requires the handler or an employee, authorized representative, agent, or designee of a handler to, upon discovery, immediately report any release or threatened release of a hazardous material to the administering agency and to the Office of Emergency Services. The failure to report pursuant to this provision an oil spill occurring in waters of the state, other than marine waters, is punishable, upon conviction, by a fine of not more than $50,000. Knowingly making a false or misleading report on an oil spill occurring in waters of the state, other than marine waters, is punishable, upon conviction, by a fine of not more than $50,000. This bill would make a knowing failure to report an oil spill or knowingly making a false or misleading report on an oil spill occurring in waters of the state punishable, upon conviction, by the $50,000 fine, imprisonment in the county jail, or both the fine and imprisonment. Because this bill would increase the penalty for a crime to include imprisonment in the county jail, it would create a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.