Air, Water & Hazardous Waste Attorney — Los Angeles
Hazardous waste is regulated from generation to disposal under the federal Resource Conservation and Recovery Act and California's broader Hazardous Waste Control Law, and most facilities are inspected locally by a Certified Unified Program Agency, or CUPA. DiJulio Law Group represents Los Angeles and Glendale businesses in RCRA, CUPA, air, and water permit matters.
What is RCRA, and when does it apply to a California business?
The Resource Conservation and Recovery Act is the federal law governing hazardous waste from generation through disposal. It applies to any business that generates, transports, treats, stores, or disposes of hazardous waste, with obligations scaled to generator status. California implements an authorized program under the Hazardous Waste Control Law that is broader than the federal baseline, so some materials regulated in California are not federally hazardous.
Waste, Emissions, and Discharge Compliance in California
California regulates hazardous waste more broadly than federal law. The state's definitions capture materials that would not be hazardous under RCRA alone, which is a recurring source of surprise for businesses expanding into California or applying corporate procedures written for another state. Generator status, accumulation time limits, container management, labeling, manifesting, and training are all inspected, and most enforcement arises from documentation gaps rather than from an actual release.
On the air side, Los Angeles County facilities operate under South Coast AQMD rules and permits governing equipment, emissions, and reporting. On the water side, industrial facilities are typically covered by the statewide industrial stormwater permit and, where they discharge to sewer, by local pretreatment requirements — each with monitoring, sampling, and annual reporting obligations that inspectors verify directly.
The firm handles compliance counseling and enforcement defense across these programs, and pursues or defends the private claims that follow a release through remediation and cost recovery. Where a notice or order has already issued, see enforcement and compliance.
Each program has its own page. Air permits, South Coast AQMD notices, and Title V are covered under Clean Air Act matters; stormwater, NPDES permits, and Water Board orders under Clean Water Act matters. Formal penalty actions are addressed in environmental enforcement defense, cleanup liability and cost recovery in environmental remediation, and trustee claims for injured resources in natural resource damages.
Hazardous waste questions often surface during a property deal or a dispute. Buyers and lenders should address contamination in environmental due diligence before closing a real estate transaction, and landlords and tenants should allocate compliance responsibility in the commercial lease. When the parties disagree about who pays, environmental mediation can resolve allocation without a full lawsuit.
What Happens During a CUPA Inspection?
A CUPA inspection is a compliance visit by the Certified Unified Program Agency for your jurisdiction, the local agency certified under Health and Safety Code section 25404 to enforce California's hazardous materials and hazardous waste programs. Inspectors review records, walk the facility, and issue a notice to comply for minor violations before leaving the site.
The Unified Program (opens in a new tab) consolidates six program elements: hazardous materials business plans, hazardous materials management plans and inventory statements, underground storage tanks, hazardous waste generators and onsite treatment, aboveground petroleum storage, and the California Accidental Release Prevention program. An inspection typically covers whichever elements apply to the facility, including business plan inventories, container labels and accumulation dates, manifests, training records, and tank documentation.
For a minor violation, Health and Safety Code section 25187.8 (opens in a new tab) requires the inspector to issue a notice to comply before leaving. The facility has not more than 30 days to correct the cited items and must return the signed notice within five working days after achieving compliance. A facility that disagrees with a cited violation may give written notice of disagreement. Violations that are not minor, including knowing, chronic, or significant-threat violations as defined in section 25404, can lead to formal enforcement and penalties, which is where enforcement and compliance counsel becomes important.
Environmental Permitting and When You Need an RCRA Attorney
You need an RCRA attorney when hazardous waste status is uncertain or regulators are involved: after an inspection finding or notice of violation, when generator status changes, when a material's classification is disputed, before treating or storing waste onsite, or when a release may need to be reported. California's program is broader than federal RCRA.
Permitting often runs through several agencies at once. In Los Angeles County, equipment that emits air contaminants generally needs South Coast AQMD permits, many industrial facilities need coverage under the statewide industrial stormwater permit, and onsite hazardous waste treatment or storage beyond generator allowances may require tiered permitting authorization or a DTSC permit. Getting permit conditions right at the application stage avoids the recordkeeping violations that drive most enforcement. See Clean Air Act matters and Clean Water Act matters for how those programs are handled.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Enforcement defense, permitting and compliance, hazardous waste, and cleanup cost recovery in California.
Air, Water & Waste Matters We Handle
For manufacturers, service facilities, property owners, and operators in Los Angeles and across California.
RCRA & State Waste Compliance
Generator status determinations, accumulation and storage limits, container and labeling requirements, manifesting, and training obligations.
Waste Characterization Disputes
Whether a material is a waste at all, whether it is hazardous under California's broader criteria, and whether an exclusion or exemption applies.
Clean Air Act & District Rules
Permits to construct and operate, equipment rules, emissions limits, monitoring and reporting, and district enforcement defense.
Clean Water Act & Stormwater
Industrial stormwater permit coverage, monitoring and exceedance response, discharge limits, and pretreatment requirements.
Release Reporting
Determining whether a release triggers immediate reporting obligations and to which agencies, and managing the follow-on response.
Citizen Suit Defense
Defense of citizen suits under federal environmental statutes, including notice sufficiency, standing, and mootness through compliance.
Compliance Matters That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Accumulation Time Violation
A Los Angeles manufacturer is cited for storing waste beyond the permitted accumulation period. Whether the exposure is limited depends on generator status, satellite accumulation rules, and the documentation of when accumulation actually started.
The Stormwater Exceedance
Sample results exceed numeric action levels for two consecutive years, escalating the facility's obligations under the industrial permit. The response requires both technical evaluation and careful reporting.
The Waste That Was Not a Product
A facility treats a byproduct as a recyclable commodity; the agency treats it as hazardous waste stored without a permit. The dispute is technical and factual, and the classification decides the exposure.
When to Get Compliance Advice
- Your generator status has changed or was never formally determined.
- An inspection has raised waste storage, labeling, or manifest issues.
- Stormwater sampling has exceeded action levels.
- You are adding equipment or a process that may require an air permit.
- A release has occurred and reporting obligations are unclear.
- You have received a citizen suit notice of intent to sue.
What to Do First
Confirm your status
Generator category and permit coverage determine which requirements apply. Many violations trace back to an outdated status determination.
Audit the paperwork
Manifests, training records, inspection logs, and monitoring reports are what inspectors examine. Most citations are documentation failures.
Get advice before self-reporting
Voluntary disclosure can reduce penalties, but the scope and framing of a disclosure matter. Evaluate it before submitting.
Air, Water & Hazardous Waste — Questions California Clients Ask
What California facilities ask about RCRA, generator status, air permits, and discharge requirements.
What businesses are regulated under the Clean Air Act in California?
The Clean Air Act (CAA) regulates stationary sources that emit air pollutants — including manufacturing plants, refineries, power generators, industrial facilities, and certain commercial operations. California has its own State Implementation Plan (SIP) and additional regulations administered by the California Air Resources Board (CARB) and 35 local air quality management districts that often impose more stringent requirements than federal standards.
What is the Clean Water Act and when does it apply?
The Clean Water Act (CWA) regulates discharges of pollutants into waters of the United States. It covers point source discharges through the National Pollution Discharge Elimination System (NPDES) permit program, stormwater management, wetlands protection under Section 404, and imposes water quality standards that California has supplemented through the Porter-Cologne Act.
What is RCRA and what businesses does it affect?
The Resource Conservation and Recovery Act (RCRA) establishes a cradle-to-grave regulatory framework for solid and hazardous waste. It applies to generators, transporters, and treatment, storage, and disposal (TSD) facilities. California's Department of Toxic Substances Control (DTSC) administers RCRA-authorized programs in the state, often with more stringent requirements than federal minimums.
What are the penalties for illegal hazardous waste disposal in California?
Illegal disposal of hazardous waste under California and federal law can result in civil penalties of thousands of dollars per day, mandatory cleanup costs, criminal prosecution for knowing violations (including imprisonment), contribution liability for cleanup at contaminated sites, and significant civil liability to affected neighboring property owners.
What is a NPDES permit and who needs one?
An NPDES permit is required for point source discharges of pollutants into waters of the United States. Facilities that discharge process wastewater, cooling water, or certain stormwater directly to surface waters must obtain an NPDES permit from the appropriate California Regional Water Quality Control Board. Industrial stormwater dischargers must also comply with California's General Industrial Stormwater Permit.
What are California's stormwater management requirements for construction projects?
Construction projects that disturb one acre or more of land must comply with California's General Construction Stormwater Permit, which requires implementing and documenting a Stormwater Pollution Prevention Plan (SWPPP), monitoring for pollutant discharges, and reporting. Violations can result in significant penalties and enforcement actions.
What is an air permit and when is it required in California?
Stationary air pollution sources above certain emission thresholds must obtain permits from the applicable local air quality management district. Major sources may also require federal Title V operating permits. Permit requirements address emission controls, operational parameters, recordkeeping, and regular reporting obligations.
What happens during a CUPA inspection?
An inspector from the Certified Unified Program Agency reviews records such as your hazardous materials business plan, hazardous waste manifests, labels, accumulation dates, training records, and tank documentation, then walks the facility. Under Health and Safety Code section 25187.8, minor violations are cited in a notice to comply issued before the inspector leaves, and the facility has up to 30 days to correct them. More serious violations can lead to formal enforcement and penalties.
When do I need an RCRA attorney?
Bring in RCRA counsel when a facility has been inspected or cited over hazardous waste handling, when generator status is unclear or changing, when a material's classification is disputed, when accumulation, labeling, manifest, or training records are in question, when a release may need to be reported, or when a citizen suit notice arrives. California's hazardous waste program is broader than federal RCRA, so materials that are not federally hazardous may still be regulated here.
Is California hazardous waste law the same as federal RCRA?
No. California operates an authorized program under the Hazardous Waste Control Law that is broader than the federal baseline, and the state regulates certain materials that RCRA does not. Businesses applying procedures written for another state routinely find they are out of compliance in California for that reason. Classification should be confirmed against California criteria rather than federal criteria alone.
Local Representation
Los Angeles County facilities are subject to South Coast AQMD rules, Los Angeles Regional Water Board requirements, and local CUPA oversight.
Talk to an Environmental Attorney
Most environmental citations are documentation problems that a review would have caught. Bring your permits and recent inspection records.