SECTIONS 32050-32053

32050.  (a) Prior to the transport of anhydrous hydrazine,methylhydrazine, dimethylhydrazine, Aerozine 50, fuming nitric acid,liquid fluorine, or nitrogen tetroxide in bulk packaging, except whenthat packaging contains only residue, outside the confines of afacility where that material was used or stored, or prior to thedelivery of that bulk material to a carrier for transport, eachcarrier shall provide advance notification, in writing, of theshipment, to the department, which, in turn, shall notify the sheriffof each county and police chief of each city in which is located theproposed route. Notification shall be made through the Department ofJustice's California Law Enforcement Telecommunications System. Thesheriffs and police chiefs shall, in turn, make timely notificationto the fire chiefs within their respective jurisdictions through amutually agreed upon communications system. (b) Subdivision (a) applies only to the extent that it does notconflict with federal law. (c) For the purposes of this section, the following definitionsapply: (1) "Bulk packaging" has the same meaning as defined in Section171.8 of Title 49 of the Code of Federal Regulations. (2) "Fire chief" means the fire chief of each county and city firedepartment and the fire chief of each fire protection districtserving a population greater than 15,000 in which is located theproposed route. This paragraph does not apply to any fire chief of afire department or fire protection district that is composed of 50percent or more volunteer firefighters. (3) "Residue" has the same meaning as defined in Section 171.8 ofTitle 49 of the Code of Federal Regulations.32051.  (a) Each advance notification required by Section 32050shall contain all of the following information: (1) The name, address, and emergency telephone number of themanufacturer, shipper, carrier, and receiver of the shipment. (2) A current copy of a material data safety sheet, as designatedby the department, regarding the material. (3) If the shipment is originating within California, the point oforigin of the shipment and the 48-hour period during which departureof the shipment is estimated to occur, the destination of theshipment within California, and the 48-hour period during which theshipment is estimated to arrive. (4) If the shipment is originating outside of California, thepoint of origin of the shipment and the 48-hour period during whichthe shipment is estimated to arrive at the state boundary, thedestination of the shipment within California, and the 48-hour periodduring which the shipment is estimated to arrive. (5) A telephone number and address for current shipmentinformation. (b) The department shall design a standard notification form toinclude all of the information specified in subdivision (a) and shallmake these forms available by April 1, 1989.32052.  (a) The notification required by Section 32050 shall reachthe department at least 72 hours before the beginning of the 48-hourperiod during which departure of the shipment of any materialdesignated in Section 32050 is estimated to occur, and the departmentshall notify the sheriffs and the police chiefs as specified insubdivision (a) of Section 32050 at least 36 hours before thebeginning of the 48-hour departure period specified in subdivision(a) of Section 32051, who shall notify the fire chiefs, as providedin Section 32050. A copy of the notification shall be retained by thedepartment for three years. (b) The carrier shall also notify, by telephone or telegram, thedepartment if there are any changes in the scheduling of a shipment,in the routes to be used for shipment, or any cancellation of ashipment. The department shall, in turn, notify the sheriffs and thepolice chiefs specified in subdivision (a) of Section 32050 thatwould be affected by these changes in the scheduling of a shipment,in the routes to be used for a shipment, or the cancellation of ashipment, who shall notify the fire chiefs, as provided in Section32050. The department shall maintain for three years a record of eachtelegram and telephonic notification.32053.  (a) Any carrier who violates Section 32050, 32051, or 32052,in addition to any other penalty provided by law, is subject to acivil penalty of not less than five hundred dollars ($500) or morethan one thousand dollars ($1,000) for each violation. For purposesof this section, each day of a continuing violation is a separateviolation. (b) When establishing the amount of the civil penalty, the courtshall consider, in addition to other relevant circumstances, all ofthe following: (1) The extent of the harm caused by the violation. (2) The persistence of the violation. (3) The number of prior violations by the same violator. (4) The deterrent value of the penalty based on the financialresources of the violator.