Asbestos & Underground Tank related Work without certification - California  BPC 7028.1

Posted by Raoul Severo | Jul 01, 2020 | 0 Comments

Working with asbestos or underground storage tanks in the state of California is a potentially dangerous laborious work for any person if it is not done with all the required safety equipment, measures and proper procedures and can be the cause of serious and critical injuries, as well as property damages.

The California Business and Professions Code - BPC 7028.1 states that any licensed or even unlicensed contractor who executes or performs any asbestos-related activity or work, including removal or remedial action, as well as to bid for the installation or removal of an underground storage tank without the certification mandated by the law according to the BPC section 7058.5 is guilty of a misdemeanor. This means that any contractor who violates this section of the California Business and Professions Code will face a penalty depending on the case.

Punishment for Asbestos & Underground Tank related Work without certification 

  • If found guilty for a first offense, the conviction is a fine of minimum of $1,000 USD or more than $3,000 USD, including the possibility of a suspension or revocation of any contractor's license.
  • If found guilty of a subsequent offense, the conviction is a fine of minimum of $3,000 USD or more than $5,000 USD. Depending on the severity of the case imprisonment in the county jail not exceeding one year, or both the fine and imprisonment can apply, and a mandatory action to suspend or revoke any contractor's license.

In order to establish culpability of engaging or hiring the people in asbestos / underground tank work without safety measures and certification, the following facts must be proven by the prosecution 

  1. The Accused performed himself or engaged or hired any person in asbestos-related work, without certification and safety measures
  2. The accused performed himself or engaged or hire any person in a removal of tank or remedial action in underground involving asbestos without certification and proper measures
  3. The accused installed or removed an underground storage tank without certification and proper measures.

California Criminal Defense Attorney 

Whenever you face a first or subsequent offense charge for asbestos and underground Tank related work without certification  in California, following the guidance of an experienced criminal attorney is the best course of action to get the best deal possible. With more than 40 years of experience, The Law Office of Raoul Severo in California is glad to assist you, so please don't hesitate to reach out for a free of charge evaluation of your case.

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