California Health and Safety Code

§ 101087

HSC § 101087 Effective Jan 1, 2000Div. 101 · Part 3 · Ch. 2 · Art. 2

Statute text

(a)For purposes of this section, the terms “handler,” “administering agency,” “hazardous material,” “release,” and “threatened release” shall have the meaning given in Section 25501.

(b)After a release or a threatened release of a hazardous material from the premises of a handler, which release or threatened release poses a significant present or potential hazard to human health and safety, property, or the environment, the board of supervisors may delegate to the county health officer or administering agency, the responsibility to examine any individual who has been properly subpoenaed by the chairperson of the board of supervisors for the purpose of obtaining information as to the cause of the incident, and to report to the board of supervisors what actions the board of supervisors should take to prevent a similar incident from occurring again. The county health officer or administering agency shall consider in the report any information obtained pursuant to subdivision (g) and respond to that information in the report. The county health officer or administering agency may examine the subpoenaed individual in private, except that the individual may choose to be interviewed in the presence of personal legal counsel.

(c)Prior to issuing a subpoena for purposes of subdivision (b), the board of supervisors shall make a written finding that the county health officer or administering agency has made a reasonable attempt to conduct a voluntary examination, and that the attempt was not successful.

…

Legislative history

Added by Stats. 1999, Ch. 925, Sec. 1. Effective January 1, 2000.