The state of California recognizes the dangers associated with working with:
- Underground Tanks
Because of the risks inherent in this kind of work, individuals must be certified to handle it. California Business and Professions Code Section 7028.1: Engaging in Asbestos / Underground Tank Work Without Certification can be used to prosecute Individuals who work in this dangerous field without proper training.
You can learn more about the specifics for BPC 7028.1 charges here with the Simmrin Law Group. Review information about:
- Penalties for a BPC 7028.1 Conviction
- Defenses for BPC 7028.1 Charges
- Charges Similar to BPC 7028.1
Legally Defining BPC 7028.1 Violations
California BPC 7028.1 is used to prosecute individuals without proper certification or specific exemptions who:
- Engage in Work with Asbestos
- Remove Asbestos
- Handle Asbestos Remediation
- Install Underground Storage Tanks
- Remove Underground Storage Tanks
Note that working with underground storage tanks may also involve the piping connected to these tanks. California considers a tank and piping to be underground if 90% of the total volume of the system is beneath the surface of the ground.
Examples of Engaging in Asbestos/Underground Tank Work Without Certification
Man A is a licensed contractor hired to renovate an older home in Los Angeles. The property owners want to tear out some walls to adopt an open floor plan. During the remodeling process, Man A realizes the home was constructed with asbestos and that he has been working with it. He should not face BPC 7028.1 charges because he did not intentionally work with asbestos.
Man B is hired by Man C to remove an underground tank from Man C’s property. Man B isn’t certified to work with underground tanks, but the property is back from the road and he doesn’t think anyone will find out, so he takes the job. He could face a BPC 7028.1 conviction.
Results of a BPC 7028.1 Conviction in California
Individuals can face misdemeanor charges for engaging in asbestos / underground tank work without certification in California. A conviction can result in very steep penalties, even though BPC 7028.1 violations do not result in physical harm to others, as assault or battery would.
The penalties for the charge vary, depending upon whether or not the accused is a first-time offender. A first-time conviction can lead to:
- Fines of Up to $3,000
- Possible Revocation / Suspension of a Contractor’s License
Subsequent BPC 7028.1 violations are handled more harshly by the court system. Individuals may end up facing the following penalties:
- Fines of Up to $5,000
- Jail Time of Up to one Year
- Mandatory Suspension / Revocation of a Contractor’s License
Contractors and BPC 7028.1 Charges
We have mentioned that contractors can lose their licenses for engaging in asbestos / underground tank work without certification. This is because a contractor’s license does not automatically enable individuals to work with asbestos or underground tanks. Additional, specialized certification is required for this work.
Contractors who lose their license or have their license suspended can face additional legal charges if they continue to work. Depending on their actions, they could face charges for:
- California Business and Professions Code Section 7027.3: Fraudulent Use Of A Contractor’s License Number
- California Business and Professions Code Section 7028: Contracting Without A License
Possible Defenses for BPC 7028.1 Accusations
You do not have to try to handle BPC 7028.1 charges on your own. You can contact a criminal defense lawyer in Los Angeles today if you are accused of engaging in asbestos / underground tank work without certification. A legal professional may be able to build a defense by showing:
You Didn’t Intentionally Engage in Asbestos Work
Sometimes, older homes and buildings contain unexpected asbestos. If you took a job and only discovered you were working with asbestos accidentally, you should not face criminal charges under BPC 7028.1.
You Were Falsely Accused of Engaging in Underground Tank Work
Not all criminal accusations in California have a basis in the truth. If someone claims that you engaged in underground tank work when you did not, you may be able to build a defense to BPC 7028.1 charges to prevent a conviction.
Call a Los Angeles Criminal Defense Lawyer Today
Getting immediate legal help on your side can help you deal with California Business and Professions Code Section 7028.1: Engaging in Asbestos / Underground Tank Work Without Certification charges effectively. Reach out to the Simmrin Law Group today by calling (310) 997-4688, or filling out our online contact form.
You can speak with our criminal defense lawyers to get a FREE case evaluation.