PART 1. INTEGRATED WASTE MANAGEMENT [40000. - 40520.]
Part 1 added by Stats. 1989, Ch. 1096, Sec. 2.
§§ 40000–40520 · 103 sections
CHAPTER 1. General Provisions §§ 40000–40063 · 24 sections
ARTICLE 1. Findings and Declarations §§ 40000–40004 · 5 sections
- § 40000 The Legislature hereby finds and declares all of the following: (a) In 1988, Californians disposed of over 38 million tons of solid waste, an amount that is…
- § 40001 (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state…
- § 40002 (a) As an essential part of the state’s comprehensive program for solid waste management, and for the preservation of health and safety, and the well-being of…
- § 40003 Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Conservation under the California Beverage Container Recycling…
- § 40004 (a) The Legislature finds and declares all of the following: (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste…
ARTICLE 2. General Provisions §§ 40050–40063 · 19 sections
- § 40050 This division shall be known and may be cited as the California Integrated Waste Management Act of 1989.
- § 40051 In implementing this division, the board and local agencies shall do both of the following: (a) Promote the following waste management practices in order of…
- § 40052 The purpose of this division is to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient and…
- § 40053 This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of a city, county, or district to impose and enforce…
- § 40054 This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of the Attorney General, on the request of the board, the…
- § 40055 (a) This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of any state agency in the enforcement or…
- § 40056 This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the right of any person to commence and maintain at any time any…
- § 40057 Each county, city, district, or other local governmental agency which provides solid waste handling services shall provide for those services, including, but…
- § 40058 The solid waste handling services shall be provided for by one or any combination of the following: (a) The furnishing of the services by the local agency…
- § 40058.5 (a) For the purposes of this section, the following terms have the following meanings: (1) “Jurisdiction” has the same meaning as defined in Section 40145. (2)…
- § 40059 (a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following: (1) Aspects…
- § 40059.1 (a) The Legislature hereby finds and declares both of the following: (1) In 1989, the Legislature enacted this division as the California Integrated Waste…
- § 40059.2 (a) The Legislature hereby finds and declares all of the following: (1) In 1996, the voters of California adopted Proposition 218, which among other things,…
- § 40059.3 (a) An ordinance adopted by a city or county or an ordinance enacted by initiative by the voters of a city or county shall not restrict or limit the…
- § 40059.4 (a) For purposes of this section, “industrial source” means any of the following: (1) An entity required to be registered pursuant to Section 110460 of the…
- § 40060 (a) Notwithstanding any other provision of law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of…
- § 40061 (a) Notwithstanding Section 40059, every local agency which does not directly charge residential households a fee for the collection, transportation, and…
- § 40062 (a) Upon the request of any person furnishing any report, notice, application, plan, or other document required by this division, including any research or…
- § 40063 At the request of a county with a population of less than 250,000, the board and the state water board may meet with the county to prioritize, through…
CHAPTER 2. Definitions §§ 40100–40201 · 56 sections
- § 40100 Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- § 40105 “Authorized recycling agent” means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable…
- § 40106 (a) “Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal…
- § 40110 “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.
- § 40115 “City” or “county” includes city and county.
- § 40115.5 “Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local…
- § 40116 “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste…
- § 40116.1 “Composting” means the controlled or uncontrolled biological decomposition of organic wastes.
- § 40117 “Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating…
- § 40118 “Department” means the Department of Resources Recycling and Recovery.
- § 40120 “Designated recycling collection location” means the place where an authorized recycling agent has contracted with either the local governing body or a private…
- § 40120.05 “Director” means the Director of Resources Recycling and Recovery.
- § 40120.1 “Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.
- § 40121 “Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.
- § 40122 “Disposal site” or “site” means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the disposal of…
- § 40124 “Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1…
- § 40127 “Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2…
- § 40130 “Enforcement agency” means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying…
- § 40131 “Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
- § 40131.2 (a) “Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following…
- § 40131.5 “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
- § 40135 “Fund” means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law…
- § 40135.1 “Account” means the Integrated Waste Management Account created in the fund pursuant to Section 48001.
- § 40140 “Hazard” includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general…
- § 40141 (a) “Hazardous waste” means a waste, defined as a “hazardous waste” in accordance with Section 25117 of the Health and Safety Code, or a combination of wastes,…
- § 40145 “Jurisdiction” means a city, county, or regional agency that is approved by the board pursuant to Section 40975.
- § 40148 “Large state facility” means those campuses of the California State University and the California Community Colleges, prisons within the Department of…
- § 40150 “Local governing body” means the legislative body of the city, county, or special district which has authority to provide solid waste handling services.
- § 40150.1 “Multicounty regional agency” means a regional agency, as defined in Section 40181, that includes all of the jurisdictions that are located in at least two or…
- § 40150.2 “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order,…
- § 40151 “Nondisposal facility” means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4,…
- § 40160 “Operator” means a person who operates a solid waste facility or operates a disposal site.
- § 40162 “Owner” means a person who holds fee title to, or a leasehold or other possessory interest in, real property that is presently in use as a solid waste facility…
- § 40170 “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry,…
- § 40171 “Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such…
- § 40172 “Processing” means the reduction, separation, recovery, conversion, or recycling of solid waste.
- § 40178 “Pyrolysis” means the thermal decomposition of material at elevated temperatures in the absence or near absence of oxygen.
- § 40180 “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste,…
- § 40181 “Regional agency” means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3…
- § 40182 “Regional water board” means a California regional water quality control board.
- § 40183 (a) “Rural city” or “rural regional agency” means a city or regional agency that is located within a rural county as defined in Section 40184. (b) (1) Unless…
- § 40184 (a) “Rural county” means a county or multicounty regional agency that annually disposes of no more that 200,000 tons of solid waste. (b) (1) Unless the board…
- § 40190 “Segregated from other waste material” means any of the following: (a) The placement of recyclable materials in separate containers. (b) The binding of…
- § 40190.5 “Sharps waste” means waste generated by a household that includes a hypodermic needle, syringe, or lancet.
- § 40191 (a) Except as provided in subdivision (b), “solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage,…
- § 40192 (a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into…
- § 40193 “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly…
- § 40194 “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an…
- § 40195 “Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.
- § 40195.1 (a) “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes…
- § 40196 “Source reduction” means any action which causes a net reduction in the generation of solid waste. “Source reduction” includes, but is not limited to, reducing…
- § 40196.3 “State agency” means every state office, department, division, board, commission, or other agency of the state, including the California Community Colleges and…
- § 40196.5 “State board” means the State Board of Equalization.
- § 40197 “State water board” means the State Water Resources Control Board.
- § 40200 (a) “Transfer or processing station” or “station” includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or…
- § 40201 “Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting,…
CHAPTER 3. Department of Resources Recycling and Recovery §§ 40400–40520 · 23 sections
ARTICLE 1. General Provisions §§ 40400–40403 · 4 sections
- § 40400 There is in the California Environmental Protection Agency the Department of Resources Recycling and Recovery. The Department of Resources Recycling and…
- § 40401 (a) (1) Except as otherwise specified by statute, the Department of Resources Recycling and Recovery succeeds to and is vested with all of the authority,…
- § 40402 The Department of Resources Recycling and Recovery may expend the money in any appropriation or in any special fund in the State Treasury made available by law…
- § 40403 (a) The Office of Environmental Justice and Tribal Relations is hereby established within the department. (b) Duties of the office shall include, but are not…
ARTICLE 2. Staff §§ 40430–40432 · 3 sections
- § 40430 The Director of Resources Recycling and Recovery shall be appointed by, and hold office at the pleasure of, the Governor. The director’s appointment shall be…
- § 40431 The Director of Resources Recycling and Recovery may appoint those deputies, officers, and other employees that he or she finds necessary for the performance…
- § 40432 The Attorney General shall represent the board and the state in litigation concerning affairs of the board, unless the Attorney General represents another…
ARTICLE 3. Powers and Duties §§ 40501–40512 · 15 sections
- § 40501 The Department of Resources Recycling and Recovery may hold any hearings and conduct any investigations in any part of the state necessary to carry out its…
- § 40502 (a) The board shall adopt rules and regulations, as necessary, to carry out this division in conformity with Chapter 3.5 (commencing with Section 11340) of…
- § 40503 The board shall maintain its headquarters in the County of Sacramento, and may establish regional offices in any part of the state that the board deems…
- § 40505 In order to carry out its powers and duties under this chapter, the board may enter into any contracts that the board determines to be necessary.
- § 40506 The board may accept grants, gifts and donations for the purposes specified in this division.
- § 40506.1 (a) Notwithstanding any other provision of law, the board may sell any of its loans made pursuant to this division on the secondary market and may pool its…
- § 40506.5 (a) The Director of Resources Recycling and Recovery, with approval of the Director of Finance, may accept, on behalf of the Department of Resources Recycling…
- § 40506.7 For the purposes of disseminating information relating to its activities, powers, duties, or functions, the Department of Resources Recycling and Recovery may…
- § 40507 (a) (1) On or before March 1 of each year, the department shall file an annual report with the Legislature highlighting significant programs or actions…
- § 40507.1 (a) As part of the annual report required to be submitted by the board to the Legislature pursuant to Section 40507 on or before March 1, 2003, the board shall…
- § 40508 The board is designated as the state solid waste management agency for all purposes stated in the Federal Resource Conservation and Recovery Act of 1976 (42…
- § 40509 The board may render technical assistance and make recommendations concerning potential solid waste disposal sites upon the request of the board of supervisors…
- § 40510 The board shall use a rollcall vote for all official board decisions, including, but not limited to, approval, denial, or amendment of integrated waste…
- § 40511 (a) Notwithstanding Section 7550.5 of the Government Code, on or before December 1, 2000, the board, in consultation with the Department of Conservation, shall…
- § 40512 (a) The department shall establish a pilot project located in the Counties of Los Angeles and Ventura in partnership with garment manufacturers in order to…
ARTICLE 4. Debris Cleanup and Removal § 40520 · 1 section
- § 40520 (a) As used in this section: (1) “Contract” means a contract between the department and a contractor to perform wildfire debris cleanup and removal. (2) “The…