PART 4. SOLID WASTE FACILITIES [43000. - 44820.]
Part 4 added by Stats. 1989, Ch. 1095, Sec. 22.
§§ 43000–44820 · 124 sections
CHAPTER 1. Solid Waste Facility Standards §§ 43000–43050 · 9 sections
ARTICLE 1. Landfill Facility Requirements § 43000 · 1 section
- § 43000 The following definitions govern the construction of this chapter: (a) “Waste management unit” means the area of a solid waste landfill facility in or on which…
ARTICLE 2. Handling and Disposal Standards §§ 43020–43035 · 6 sections
- § 43020 The board shall adopt and revise regulations which set forth minimum standards for solid waste handling, transfer, composting, transformation, and disposal, in…
- § 43020.1 (a) As part of the existing regulatory review process for regulations adopted pursuant to this article, the board may consider whether the operational…
- § 43021 Regulations shall include standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, but shall not include aspects of…
- § 43022 (a) The open burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or…
- § 43030 (a) The board shall adopt regulations that are consistent with Section 40055 governing the monitoring and control of the subsurface migration of landfill gas.…
- § 43035 (a) The board, in cooperation with the Office of Emergency Services, shall develop an integrated waste management disaster plan to provide for the handling,…
ARTICLE 3. Financial Responsibility § 43040 · 1 section
- § 43040 (a) The board shall adopt standards and regulations requiring that, as a condition for the issuance, modification, revision, or review of a solid waste…
ARTICLE 4. Long-Term Threats to Landfills § 43050 · 1 section
- § 43050 (a) On or before January 1, 2008, the board shall conduct a study to define the conditions that potentially affect solid waste landfills, including…
CHAPTER 1.5. The Solid Waste Disposal Regulatory Reform Act of 1993 §§ 43100–43103 · 4 sections
- § 43100 This chapter shall be known, and may be cited, as the Solid Waste Disposal Regulatory Reform Act of 1993.
- § 43101 The Legislature hereby finds and declares as follows: (a) The board and the state water board have submitted a report entitled Joint Report: Reforming the…
- § 43102 On or before July 1, 1994, the board and the state water board shall jointly develop a plan to implement the changes made to this division and Division 7…
- § 43103 The board and the state water board shall adopt regulations for the implementation of the changes required by this chapter, and the act adding this chapter.
CHAPTER 2. Solid Waste Handling and Disposal §§ 43200–43610.1 · 66 sections
ARTICLE 1. Local Enforcement Agencies §§ 43200–43222 · 27 sections
- § 43200 (a) The board shall prepare and adopt certification regulations for local enforcement agencies. The regulations shall specify requirements that a local agency…
- § 43200.5 (a) An enforcement agency that has been designated by the local governing body and certified by the department pursuant to this chapter has the authority…
- § 43201 After August 1, 1992, no enforcement agency shall be designated pursuant to this article unless the board determines that the agency fully complies with one or…
- § 43202 An enforcement agency may be designated by the local governing body and certified by the board to act to carry out this chapter within each jurisdiction. If an…
- § 43203 The designation of the enforcement agency shall be made by any one of the following procedures: (a) The board of supervisors of the county may designate the…
- § 43204 No enforcement agency may exercise the powers and duties of an enforcement agency until the designation is approved by the board. After August 1, 1992, the…
- § 43205 (a) Except as provided in subdivision (b), if no enforcement agency is designated and certified, the board shall be the enforcement agency and shall assume all…
- § 43206 A designation made pursuant to this article may be withdrawn in the same manner in which it was made.
- § 43207 No local governmental department or agency, or any employee thereof, which is the operating unit for a solid waste handling or disposal operation shall be the…
- § 43208 Notwithstanding any other provision of law, except as provided in Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and…
- § 43209 The enforcement agency, within its jurisdiction and consistent with its certification by the board, shall do all of the following: (a) Enforce applicable…
- § 43209.1 (a) Notwithstanding any other provision of law, if an enforcement agency receives a complaint, pursuant to subdivision (b) of Section 41705 of the Health and… see note
- § 43210 For those facilities that accept only hazardous wastes, or accept only low-level radioactive wastes, or facilities that accept only both, and to which Chapter…
- § 43211 (a) For those facilities that accept both hazardous wastes and other solid wastes, the Department of Toxic Substances Control shall exercise enforcement and…
- § 43212 (a) If the board is the enforcement agency, the board may impose fees to recover its costs of operation on the local governing body, a solid waste facility…
- § 43212.1 If the board is the enforcement agency, the local governing body and the board shall enter into an agreement which shall identify the jurisdictional boundaries…
- § 43213 The enforcement agency may, upon a majority vote of its local governing body, prescribe, revise, and collect fees or other charges from each operator of a…
- § 43214 (a) The board shall develop performance standards for evaluating certified local enforcement agencies and shall periodically review each certified enforcement…
- § 43215 (a) If the board, in conducting the inspection and performance review required pursuant to Section 43214 or this section, finds that the enforcement agency is…
- § 43215.1 The board may, upon the written request of an enforcement agency, provide legal counsel for purposes of compliance with this part.
- § 43216 If the board withdraws its approval of the designation of an enforcement agency, another enforcement agency shall be designated pursuant to Section 43203…
- § 43216.5 In addition to the procedures for board withdrawal of its approval of a local enforcement agency’s designation pursuant to Sections 43214, 43215, and 43216,…
- § 43217 The board shall provide ongoing training, technical assistance, and guidance to local enforcement agencies to assist in their decisionmaking processes. This…
- § 43218 Each enforcement agency shall inspect each solid waste facility within its jurisdiction at least one time each month and shall file, within 30 days of the…
- § 43219 (a) The board may, at its discretion, conduct inspections and investigations of solid waste facilities in order to evaluate the local enforcement agency and to…
- § 43220 The board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct at least one inspection every 18 months of each solid…
- § 43222 Any fees or charges imposed pursuant to this part by any enforcement agency shall bear a direct relationship to the reasonable and necessary cost, as…
ARTICLE 1.5. Local Enforcement Agency Grants §§ 43230–43232 · 3 sections
- § 43230 The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to local enforcement agencies to carry out the…
- § 43231 The board shall adopt regulations for the implementation of this article.
- § 43232 All expenses which are incurred by the board in carrying out this article are payable solely from the account. No liability or obligation is imposed upon the…
ARTICLE 2. Powers and Duties of the Board §§ 43300–43310.1 · 13 sections
- § 43300 The board, when acting in its capacity as an enforcement agency, may enforce all provisions of this division, and the regulations adopted thereto, for the…
- § 43300.5 The enforcement policies of this division shall be applied equally and without distinction to publicly owned or operated, and to privately owned or operated,…
- § 43301 The board shall coordinate action in solid waste handling and disposal with other federal, state, and local agencies and private persons.
- § 43302 The board may request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and…
- § 43303 The board shall develop, implement, and maintain inspection, enforcement, and training programs.
- § 43304 The board shall adopt an enforcement program consisting of regulations necessary to implement this division and the standards adopted pursuant thereto. The…
- § 43305 The board may, as it deems necessary, establish specific local standards for solid waste handling and disposal after consultation with the local governing…
- § 43306 The board shall keep and maintain records of its inspection, enforcement, training, and regulatory programs and of any other official action in accordance with…
- § 43307 The board shall consult with the appropriate local health agency concerning all actions which involve health standards. The consultation shall include granting…
- § 43308 For those facilities that accept only hazardous wastes and to which Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code…
- § 43309 The board may adopt regulations specifying the operations subject to the exception in paragraph (3) of subdivision (b) of Section 40200. The regulations shall…
- § 43310 If the board becomes the enforcement agency, it may charge reasonable fees to the local governing body to recover operation costs.
- § 43310.1 (a) If the board becomes the enforcement agency, on or after January 1, 1995, the local governing body and the board shall enter into an agreement which shall…
ARTICLE 3. Closure Plans §§ 43500–43510 · 12 sections
- § 43500 The Legislature hereby finds and declares that the long-term protection of air, water, and land from pollution due to the disposal of solid waste is best…
- § 43501 (a) A person owning or operating a solid waste landfill, as defined in Section 40195.1, shall do both of the following: (1) Upon application to become an…
- § 43501.5 (a) In addition to the requirements of this article, and Section 21780 of Title 27 of the California Code of Regulations, a person who is required to file a…
- § 43502 All documentation relating to the preparation of the closure and postclosure maintenance costs shall be retained by the owner or operator and shall be…
- § 43503 The closure plan and the postclosure maintenance plan shall be submitted not later than the first date after July 1, 1990, that the solid waste facilities…
- § 43504 Pursuant to the procedural requirements in Chapter 3 (commencing with Section 44001), the enforcement agency or the board may suspend or revoke a permit if the…
- § 43505 The closure plan and the postclosure maintenance plan may be revised only upon the filing of a written application therefor by the owner or operator, and the…
- § 43506 (a) After receiving a complete closure plan and postclosure maintenance plan, the regional water board shall approve or disapprove the plans pursuant to the…
- § 43507 The owner and operator shall, regardless of any changes occurring during the continued operation of the landfill, close and maintain the landfill during…
- § 43508 The board or the enforcement agency may recover any costs incurred in meeting the requirements of this article by charging a fee pursuant to Chapter 8…
- § 43509 (a) The board, in consultation with the state water board and in compliance with Section 40055, shall adopt and amend regulations specifying closure plan and…
- § 43510 (a)The regulations adopted by the board pursuant to this article and Article 4 (commencing with Section 43600) shall not duplicate or conflict with the…
ARTICLE 4. Financial Ability §§ 43600–43610.1 · 11 sections
- § 43600 (a) Except as otherwise provided in subdivision (b), any person owning or operating a solid waste landfill, as defined in Section 40195.1, shall, with the…
- § 43601 (a) The evidence of financial ability shall be sufficient to meet the closure and postclosure maintenance costs when needed. (b) The owner or operator of a…
- § 43601.2 (a) On or before January 1, 2017, the Department of Resources Recycling and Recovery shall submit to the Legislature a report on the use of the mechanisms…
- § 43601.5 (a) On or before March 1, 1994, the board shall review and revise regulations affecting solid waste landfill closure and postclosure financial assurances…
- § 43602 (a) Except as provided in subdivision (b), evidence of financial ability required of an owner or operator of a solid waste landfill, as defined in Section…
- § 43603 The board shall not require an owner or operator of a disposal site to revise or amend a closure plan submitted pursuant to this section or former Section…
- § 43604 (a) During the closure and postclosure maintenance period, a solid waste landfill owner or operator shall maintain evidence of financial ability sufficient to…
- § 43605 Nothing in this division affects the authority of the State Water Resources Control Board to impose closure and postclosure maintenance requirements on…
- § 43606 (a) Except for financial arrangements approved by the board pursuant to this article, no indemnification, hold harmless, or similar agreement or conveyance is…
- § 43610 (a) Notwithstanding Article 3 (commencing with Section 43500) or this article, a small city which operates a solid waste landfill, as defined in Section…
- § 43610.1 A disposal site owner or operator who meets the requirements of this article and its implementing regulations shall be deemed to have satisfactorily complied…
CHAPTER 3. Permit and Inspection Program §§ 44000.5–44210 · 37 sections
ARTICLE 1. Solid Waste Facility Permits §§ 44000.5–44019 · 18 sections
- § 44000.5 (a) With respect only to solid waste disposed of in this state, a person shall not dispose of solid waste, cause solid waste to be disposed of, arrange for the…
- § 44001 Any person who proposes to become an operator of a solid waste facility shall file with the enforcement agency having jurisdiction over the facility, or the…
- § 44002 (a) (1) No person shall operate a solid waste facility without a solid waste facilities permit if that facility is required to have a permit pursuant to this…
- § 44003 When the operator of the disposal site is not the disposal site owner, the disposal site operator’s application for a solid waste facilities permit shall…
- § 44004 (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by…
- § 44005 (a) Any owner or operator of a solid waste facility who plans to encumber, sell, transfer, or convey the ownership or operations of a solid waste facility or…
- § 44006 (a) Each report or application filed under this article shall be submitted under oath or under penalty of perjury. (b) Each report, notice, or application…
- § 44007 The enforcement agency shall not issue or revise a solid waste facilities permit unless it has, at least 65 days in advance, provided the board and the…
- § 44008 (a) A decision to issue or not issue the permit shall be made by the enforcement agency within 120 days from the date that the application is deemed complete…
- § 44009 (a) (1) The board shall, in writing, concur or object to the issuance, modification, or revision of any solid waste facilities permit within 60 days from the…
- § 44010 The enforcement agency shall issue the permit only if it finds that the proposed solid waste facilities permit is consistent with the standards adopted by the…
- § 44012 (a) When issuing or revising a solid waste facilities permit, the enforcement agency shall ensure that primary consideration is given to protecting public…
- § 44014 (a) Upon compliance with Sections 44007, 44008, and 44009, and after any necessary hearing, the local enforcement agency shall issue, modify, or revise a solid…
- § 44015 A solid waste facilities permit issued or revised under this chapter shall be reviewed and, if necessary, revised at least once every five years.
- § 44016 (a) The enforcement agency may, in accordance with Chapter 4 (commencing with Section 44300), suspend or revoke the permit of any solid waste facility designed…
- § 44017 The enforcement agency shall include, in the permit of any solid waste facility designed to convert solid waste into energy or synthetic fuels, a provision…
- § 44018 The board shall establish, by regulation, a program to be implemented by the board and by local enforcement agencies that provides for the expedited review of…
- § 44019 (a) For purposes of this section, all of the following shall apply: (1) “Agricultural byproduct material” has the same meaning as defined in paragraph (4.5) of…
ARTICLE 2. Facility Inspections §§ 44100–44107 · 6 sections
- § 44100 (a) The enforcement agency, in issuing or reviewing a solid waste facilities permit or in connection with an action relating to a solid waste facilities permit…
- § 44101 (a) In the investigation, the enforcement agency may inspect the facility, equipment, or vehicle used for storage, collection, transportation, processing, or…
- § 44103 (a) For those facilities that accept only hazardous wastes, or that accept only low-level radioactive wastes, or that accept both, a solid waste facilities…
- § 44104 (a) The board shall maintain an inventory of solid waste facilities which violate state minimum standards. To the extent it is practicable to do so, the board…
- § 44106 (a) The enforcement agency shall develop a compliance schedule for a solid waste facility included in the inventory prepared pursuant to Section 44104. The…
- § 44107 (a) A solid waste facility, as defined in Section 40194, sending materials to a biomass conversion facility, shall ensure that the materials are limited to…
ARTICLE 3. Other Requirements §§ 44150–44152 · 3 sections
- § 44150 (a) The enforcement agency shall not issue or revise a solid waste facilities permit for any proposed project which proposes to use transformation, as defined…
- § 44151 Any solid waste facility, located outside of any city, shall be maintained in compliance with the flammable clearance provisions of Chapter 5 (commencing with…
- § 44152 No enforcement agency shall issue or revise a permit for a solid waste facility which exclusively uses transformation until the board has concluded in writing…
ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country §§ 44201–44210 · 10 sections
- § 44201 As used in this article, unless the context clearly indicates otherwise, the following definitions apply: (a) “Indian country” has the same meaning as set…
- § 44202 (a) Upon receipt of a written request from any tribe considering a proposal to construct each solid waste facility in that tribe’s Indian country within this…
- § 44203 (a) The secretary may enter into any cooperative agreement which meets the requirements of this article. (b) Each cooperative agreement shall include, but…
- § 44204 (a) A tribe shall be eligible for technical assistance to the extent feasible, from the agencies specified in subdivision (b) of Section 44203, for the design,…
- § 44205 (a) Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 44203 to review any draft tribal permit and any…
- § 44206 (a) Nothing in this article shall limit or expand, or be construed to limit or expand, the jurisdiction of any state agency specified in subdivision (b) of…
- § 44207 (a) The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the…
- § 44208 A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state.
- § 44209 Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 44203, or against…
- § 44210 Notwithstanding this article, a cocomposting facility located in Indian country with a memorandum of agreement adopted November 29, 1989, with the California…
CHAPTER 4. Denial, Suspension, or Revocation of Permits §§ 44300–44310 · 7 sections
ARTICLE 1. Denial of Permits § 44300 · 1 section
- § 44300 An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in…
ARTICLE 2. Suspension or Revocation §§ 44305–44310 · 6 sections
- § 44305 (a) An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in…
- § 44306 The enforcement agency may, after holding a hearing in accordance with the procedures set forth in Section 44310, revoke a solid waste facilities permit if the…
- § 44307 From the date of issuance of a permit that imposes conditions that are inappropriate, as contended by the applicant, or after the taking of any enforcement…
- § 44308 (a) All hearings conducted pursuant to this chapter by the enforcement agency shall be conducted by a hearing officer appointed pursuant to subdivision (d) or…
- § 44309 All hearings conducted by the board acting as the enforcement agency pursuant to Section 43205 shall be conducted by a hearing panel of three board members…
- § 44310 All hearings conducted pursuant to this chapter shall be based on the following procedures: (a) (1) The hearing shall be initiated by the filing of a written…
CHAPTER 5. Asbestos Containing Waste § 44820 · 1 section
- § 44820 (a) Except as provided in subdivision (c), the board shall adopt, by regulation, a permitting, inspection, and enforcement program for the disposal of asbestos…