Department of Toxic Substances Control v. Superior Court
Opinion
Opinion
Fukuto, J.
The Department of Toxic Substances Control (Department) has petitioned this court for an extraordinary writ of mandate directing the superior court to vacate its order denying the Department’s application for an administrative inspection warrant.
I. Factual and Procedural Background
The Department is the regulatory agency charged with enforcing the Hazardous Waste Control Law (HWCL). (Health & Saf. Code, § 25100 et seq.)
On December 31, 1993, real party in interest, Leach Oil Company, Inc. (Leach Oil) received a grant of interim status to operate as an existing hazardous facility. It is authorized to treat, store and/or dispose of used oil, a “hazardous waste” under California law. (Health & Saf. Code, § 25250.4.) Leach Oil earlier operated as an authorized used oil recycling facility.
On November 2, 1995, the Department filed suit against Leach Oil alleging violations of the HWCL dating back to 1989, and seeking civil penalties, injunctive relief and recovery of investigative costs.
On November 8, 1995, employees of the Department arrived at Leach Oil’s facility to conduct an annual inspection, the purpose of which was to determine whether Leach Oil was in…