41970-41974

HEALTH AND SAFETY CODE
SECTION 41970-41974




41970.  (a) As an alternative to the criminal penalties provided in
Article 3 (commencing with Section 42400) of Chapter 4 in any case
involving a gasoline cargo tank subject to Article 5 (commencing with
Section 41950), if it appears that any person has violated any
provision of this part, or any order, rule, or regulation of the
state board or of a district adopted pursuant to this part, and all
of the conditions set forth in subdivision (b) are met and the
investigating officer or official decides to initiate enforcement
action, he or she may prepare, in triplicate, and the alleged
violator shall sign, a written notice to appear containing the
following statement: "Cited in accordance with Section 41970 of the
Health and Safety Code." If the arrested person presents, by mail or
in person, proof of correction as prescribed in Section 41971 on or
before the date on which he or she promised to appear, the court
shall dismiss the applicable charges.
   (b) Use of the notice to appear pursuant to this article is
authorized when both of the following conditions exist:
   (1) The violation does not evidence intentional avoidance or
persistent neglect.
   (2) The violation has not presented and does not present an
immediate safety hazard.



41971.  Proof of correction shall consist either of a verification
pursuant to Section 41972 or of a certification by an authorized
representative of one of the following agencies that the alleged
violation has been corrected:
   (a) The state board.
   (b) The State Fire Marshal.
   (c) The district board.
   (d) The Department of the California Highway Patrol.



41972.  (a) Proof of correction by verification shall consist of a
verification by the owner or operator of the gasoline cargo tank that
the alleged violation has been corrected. The owner or operator
shall notify the agency which issued the notice to appear at least 24
hours in advance of the time when the correction may be inspected,
specifying the location of the gasoline cargo tank.
   If a representative of the issuing agency fails to appear to make
the inspection at the designated place and time, the owner or
operator shall prepare and submit a verification under penalty of
perjury that the alleged violation has been corrected.
   The state board shall adopt regulations for the making and
submission of verifications pursuant to this section.



41973.  Each day that a gasoline cargo tank, which is the subject of
a notice to appear issued pursuant to this article, is operated
without correction of such violation subsequent to the date of the
notice shall constitute a separate offense subject to the penalties
provided in Article 3 (commencing with Section 42400) of Chapter 4.




41974.  (a) Except as provided in subdivision (b), Article 3
(commencing with Section 42400) of Chapter 4 shall apply to any
gasoline cargo tank subject to Article 5 (commencing with Section
41950).
   (b) The other provisions of this article shall not apply to any
gasoline cargo tank violation of that Article 5 occurring prior to
January 1, 1981.