Asbestos and Underground Tank Work Without Certification

It is highly dangerous work to deal with asbestos and underground tank works, which can cause big property damages and serious health injuries if not done correctly. A person (including a licensed contractor) who performs asbestos-related work without certification, or who installs or removes an underground storage tank without certification, is in violation of California’s Business and Professions Code 7028.1 BPC.

What are Asbestos and Underground Tanks?

Asbestos is a high heat resistant fibrous silicate mineral. An underground tank is “a tank and or any underground piping which is connected to the tank, and at least 90 percent of the combined volume of which is underground.” Such tanks are usually used to store petroleum and other similar materials.

California Business and Professional Code, with its section 7028.1, makes it a crime for a contractor to perform the following actions:

• to perform or hire to perform asbestos-related works without certification
• to install or hire to install underground storage tanks without certification
• to remove or hire a contractor to remove underground storage tanks without certification
• to bid for the installation or removal of underground storage tanks without certification

According to the text of the law, it does not matter whether you are a licensed or a non-licensed contractor; you shall be certified to conduct the works mentioned above, as your license does not automatically enable you to conduct asbestos-related or underground tank works.

What are the Penalties for Violation of Section 7208.1 of the California Business and Professional Code?

The above-mentioned section is a misdemeanor. In case you commit the violation for the first time, it can result in:

• imposing a penalty in the amount of 1000-3000$

If you violate the relevant section for the second or subsequent time, this can lead to:

• imposing a penalty in the amount of 3000-5000$
• imprisonment in a county jail for a term up to 1 year

In accordance with the aforementioned sanctions, the judge has the authority to grant probation to the defendant.

What are Related Offenses to Violation of Section 7028.1?

Under the California Business and Professional Code, among the related offenses is contracting without a license under section 7028 of the Code.

The relevant section makes it a crime for the person to:

• serve as a contractor without a license from the Contractors State License Board
• operate with a license that has previously been suspended because of a failure to pay a civil penalty or to comply with an order of correction

The offense is a misdemeanor offense and has these charges:

• imprisonment in a county jail for a term up to 6 months
• imposing a fine in the amount of up to 5000$

What are Legal Defenses Against Violation of Section 7028.1 of the California Business and Professional Code?

There are several defenses you can raise to protect yourself from further penalties under the relevant section. Examples of such defenses will be if you were not a contractor while performing the forbidden actions. This means you have not entered into a contract to perform these activities. This defense may work as section 7028.1 applies only to contractors.

It can also be if you have not committed the actions knowingly. For example, you touched upon asbestos in the middle of the performance of other types of work, you performed actions not understanding that you are currently dealing with the mentioned material.

You can also use types of such defenses as proving that the police applied overbearing measures to coerce you into confession, with the help of which the judge may exclude the confession from other evidence. It is also possible to try to prove that you are falsely accused of violating section 7208.1 of the California Business and Professional Code.

The Importance of Proper Certification for Asbestos and Underground Tank Work

When dealing with hazardous materials such as asbestos and underground storage tanks, it’s critical to understand the legal requirements in California. The certification ensures that workers have the knowledge and skills necessary to handle these dangerous substances safely, preventing health risks and property damage. Certification also guarantees compliance with state laws, which aim to protect workers, property owners, and the environment. Without proper certification, individuals may face legal penalties, including fines or jail time. Thus, obtaining proper certification is not just a legal necessity but also an ethical responsibility to ensure safety.

Learn more about California’s Contractor Certification

How to Avoid Violations Under California Business and Professions Code 7028.1

To avoid violations under Section 7028.1, contractors must prioritize staying informed about certification requirements for asbestos and underground tank work. Ensure all employees involved in such projects are properly certified and meet the necessary safety standards. Contractors should regularly review the latest regulations and training opportunities to maintain compliance. Additionally, it’s crucial to avoid unlicensed work, as operating outside of these boundaries can lead to severe legal consequences. A proactive approach can help prevent penalties, fines, and potential jail time while ensuring safety and legal integrity in all projects.

Glendale Personal Injury Lawyer

Note that it is essential to have a good defense to mitigate or even dismiss a charge against you. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.