Safety-Kleen of Cal., Inc. v. Dept. of Toxic Substances Control

Filed 3/4/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

SAFETY-KLEEN OF CALIFORNIA,

INC.,

Plaintiff and Appellant, v. A166575

DEPARTMENT OF TOXIC

SUBSTANCES CONTROL, (Alameda County Super. Ct. No. RG20050077) Defendant and Respondent.

Safety-Kleen of California, Inc. (Safety-Kleen) appeals from the denial of its petitions for writ of mandate seeking to compel the Department of Toxic Substances Control (the Department) to set aside final inspection violation scores concerning Safety-Kleen’s oil and hazardous waste treatment facility. Safety-Kleen argues the Department abused its discretion under the Hazardous Waste Control Law (Health and Safety Code, § 25100 et seq. 1; hereafter “HWCL”) by classifying certain violations found at Safety-Kleen’s facility as Class I violations or by reclassifying several prior “Class II” violations as more serious “Class I” violations. We disagree. Applying settled rules of statutory construction, we conclude that section 25110.8.5 sets forth independent bases under subdivisions (a)(1), (a)(2), and (b), for…