PART 7. OTHER PROVISIONS [47000. - 48707.]
Part 7 added by Stats. 1989, Ch. 1095, Sec. 22.
§§ 47000–48707 · 139 sections
CHAPTER 1. Household Hazardous Substance Information and Collection §§ 47000–47550 · 26 sections
ARTICLE 1. Legislative Findings and Definitions §§ 47000–47004 · 5 sections
- § 47000 The Legislature finds and declares that, because hazardous substances are an integral part of daily life, it would benefit the public to have access to…
- § 47001 The Legislature also finds that the disposal of hazardous substances by households can be injurious to sanitation workers, the general public, and wildlife and…
- § 47002 The Legislature further finds and declares that each household in the state should have reasonable access to legal, convenient, and environmentally safe…
- § 47003 The Legislature, therefore, declares that the state should assist the efforts of local governments and other agencies to provide safer disposal methods for…
- § 47004 For purposes of this chapter, “hazardous waste” has the same meaning as defined in Section 25117 of the Health and Safety Code, and “hazardous substance” has…
ARTICLE 2. Public Information Program §§ 47050–47052 · 3 sections
- § 47050 The board shall, in consultation with the Department of Toxic Substances Control, develop and implement a public information program to provide uniform and…
- § 47051 The public information program shall be designed to provide uniform responses to public inquiries about household hazardous substances, and to assist the…
- § 47052 The public information program shall include the development of pamphlets or other written materials which could be used by local agencies in conjunction with…
ARTICLE 3. Household Hazardous Waste Management §§ 47100–47109 · 10 sections
- § 47100 After a countywide integrated waste management plan has been revised pursuant to Section 41770, and the revision has been approved pursuant to Sections 41760…
- § 47101 Section 47100 does not prohibit a city or county from jointly implementing the household hazardous waste collection, recycling, and disposal program, or…
- § 47102 The board shall designate a household hazardous waste coordinator to advise and assist local governments and other agencies which offer programs for household…
- § 47103 The board shall provide technical assistance to local governments and other agencies which establish household hazardous waste management programs.
- § 47104 The board shall prepare, in consultation with the Department of Toxic Substances Control, guidelines and a state policy to guide the efforts of local agencies…
- § 47105 The guidelines required by this article shall include all the following elements: (a) Development of a model operation plan for community household hazardous…
- § 47106 In establishing guidelines on which products should be disposed of as hazardous waste, the board shall consider such factors as toxicity, concentration of…
- § 47107 The guidelines and operation plan prepared pursuant to subdivision (a) shall, upon request, be made available to local agencies and the public. The board shall…
- § 47108 In developing the guidelines required by this article, the board shall, to the extent feasible, consult existing sources of information, including household…
- § 47109 Any city or county may, upon a vote of the governing body of the city or county, authorize an increase in solid waste collection fees to offset the cost to the…
ARTICLE 3.3. Home-Generated Sharps Waste Collection §§ 47115–47116 · 3 sections
- § 47115 A pharmaceutical manufacturer that sells or distributes a medication in California that is usually intended to be self-injected at home through the use of a…
- § 47115.5 The plan required pursuant to Section 47115 shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following:…
- § 47116 (a) The manufacturer shall post and maintain a copy of the plans required pursuant to Section 47115 on its Internet Web site. (b) The board, or its successor…
ARTICLE 3.5. Household Hazardous Waste Grants §§ 47200–47203 · 4 sections
- § 47200 (a) The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to cities, counties, or other local agencies…
- § 47201 The board shall adopt regulations for implementation of this article, including, but not limited to, criteria for selecting grant recipients.
- § 47202 All expenses incurred by the board in carrying out this article shall be payable from the account. No liability or obligation is imposed upon the state…
- § 47203 Upon appropriation by the Legislature, the board shall allocate, from the account, an amount not to exceed sixty thousand dollars ($60,000), to the Hazardous…
ARTICLE 4. Liability § 47550 · 1 section
- § 47550 A city, county, or local agency operating a household hazardous waste collection, recycling, and disposal program in accordance with Article 3 (commencing with…
CHAPTER 2. Finances §§ 47901–48028 · 28 sections
ARTICLE 1. The Integrated Waste Management Fund §§ 47901–47902 · 2 sections
- § 47901 (a) All revenues received by the board shall be deposited in the specified account in the fund. Any revenue received by the board for which no account is…
- § 47902 Notwithstanding Section 16475 of the Government Code, all interest earned and other increment derived from the investment of revenues in an account in the…
ARTICLE 2. Management of the Fund §§ 48000–48008 · 11 sections
- § 48000 (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which is based on the amount, by weight or volumetric…
- § 48001 The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of…
- § 48001.5 (a) The revenue from the fees paid pursuant to paragraph (2) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of…
- § 48002 The state board shall adopt rules and regulations to carry out Section 48000, including, but not limited to, provisions governing collections, reporting,…
- § 48003 The state board may not spend more than 1/2 percent of the total revenues deposited, or anticipated to be deposited, in the account during a fiscal year for…
- § 48004 (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, for the following…
- § 48005 Unless otherwise specified, all money received by the board shall be deposited in the Integrated Waste Management Account and shall be used by the board, upon…
- § 48006 The board may exempt from all fees any operator of a solid waste landfill that receives less than a monthly average of five tons per operating day of solid…
- § 48007 (a) Recycled materials and inert waste removed from the waste stream and not disposed of in a solid waste landfill shall not be included for the purpose of… see note
- § 48007.5 (a) On or before January 1, 2004, the board shall adopt and file with the Secretary of State, pursuant to Section 11346.2 of the Government Code, regulations…
- § 48008 (a) Any operator of a solid waste landfill that pays a fee pursuant to this chapter may impose on its users an administrative fee of not more than 5 percent of…
ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund §§ 48010–48013 · 4 sections
- § 48010 (a) (1) An owner of a landfill for which evidence of financial ability is maintained pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part…
- § 48011 (a) For the purposes of this article, “solid waste landfill” means a disposal site that is required to maintain evidence of financial ability pursuant to Part…
- § 48012 After January 1, 2016, as part of the annual report required pursuant to Section 40507, the Department of Resources Recycling and Recovery shall report on…
- § 48013 Except as provided in paragraph (3) of subdivision (a) of Section 48010, an owner of multiple landfills for which evidence of financial ability is maintained…
ARTICLE 2.5. Solid Waste Disposal and Codisposal Site Cleanup Program §§ 48020–48028 · 11 sections
- § 48020 (a) For purposes of this article, the following terms have the following meaning: (1) “Codisposal site” means a hazardous substance release site listed…
- § 48021 (a) In prioritizing the sites for cleanup pursuant to Section 48020, the board shall consider the degree of risk to public health and safety and the…
- § 48022 The Legislature finds and declares all of the following: (a) Pursuant to the legal framework and definitions pertaining to solid waste contained in this…
- § 48022.5 (a) For the purposes of this section, the following terms have the following meanings, unless the context clearly requires otherwise: (1) “Burn dump site”…
- § 48023 (a) If the board expends any funds pursuant to this article, the board shall, to the extent feasible, seek repayment from responsible parties in an amount…
- § 48023.5 (a) In addition to the remedies authorized under Section 48023, any costs or damages incurred under this article by the board constitute a lien upon the real…
- § 48024 Any contract entered into by the board pursuant to Section 48021 or 48022 is exempt from approval by the Department of General Services pursuant to Section…
- § 48025 The board may adopt regulations for the implementation of this article.
- § 48026 All expenses which are incurred by the board in carrying out this article shall be payable solely from the trust fund. No liability or obligation is imposed…
- § 48027 (a) (1) The Legislature hereby finds and declares that effective response to cleanup at solid waste disposal and codisposal sites requires that the state have…
- § 48028 Any funds appropriated for the purpose of the program that are not expended shall remain in the trust fund for future expenditure by the board for the purposes…
CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program §§ 48100–48106 · 7 sections
- § 48100 (a) The Legislature hereby finds and declares that illegal disposal of solid waste on property owned by innocent parties is a longstanding problem needing…
- § 48101 (a) The grant program shall be established to make grants available to public entities and Native American tribes for the purposes described in subdivision (b)…
- § 48102 No farm or ranch property is eligible for a grant pursuant to this chapter if it is determined by the public entity or Native American tribe that the owner was…
- § 48103 (a) The board shall adopt regulations to implement this chapter. (b) The regulations adopted pursuant to this section shall include criteria for grant…
- § 48104 Each year, as part of the annual report required to be submitted pursuant to Section 40507, the board shall report to the Governor and the Legislature on all…
- § 48105 All solid waste collected as a result of cleanup or abatement under the grant program shall be recycled or reused to the maximum extent feasible and cleanup or…
- § 48106 Nothing in this chapter is intended to relieve any party who is responsible for the generation or illegal deposition of the solid waste from liability for…
CHAPTER 3. Other Provisions §§ 48500–48502 · 3 sections
- § 48500 If any provisions of this division or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
- § 48501 In any civil action brought pursuant to this division in which injunctive relief is sought, it shall not be necessary to allege or prove at any stage of the…
- § 48502 Notwithstanding any other provision of law, the powers and duties of the Department of Toxic Substances Control pursuant to Chapter 6.5 (commencing with…
CHAPTER 4. California Oil Recycling Enhancement §§ 48600–48691 · 57 sections
ARTICLE 1. Legislative Findings § 48600 · 1 section
- § 48600 The Legislature finds and declares the following: (a) The problem posed by used oil disposal requires a comprehensive, statewide response, including, but not…
ARTICLE 2. Short Title § 48601 · 1 section
- § 48601 This chapter shall be known and may be cited as the California Oil Recycling Enhancement Act.
ARTICLE 3. Definitions §§ 48610–48625 · 20 sections
- § 48610 Unless the context otherwise requires, the following definitions govern the construction of this chapter.
- § 48610.3 “Board” means the Department of Resources Recycling and Recovery.
- § 48610.5 “Bulk oil” means oil sold and delivered in a single transaction in an amount greater than 55 gallons regardless of the size of the container or containers in…
- § 48611 “Container” means a drum, can, or other receptacle used primarily for storage or transportation of oil. “Container” does not mean the equipment in which oil is…
- § 48612 “Department” means the Department of Toxic Substances Control.
- § 48613 “Fund” means the California Used Oil Recycling Fund created pursuant to Section 48653.
- § 48614 “Industrial generator” means an entity which buys and uses lubricating oil only for equipment owned or used by the entity. “Industrial generator” includes…
- § 48616 “Industrial oil” includes, but is not limited to, any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial…
- § 48617 “Local government” has the same meaning as defined in Section 30109.
- § 48618 “Lubricating oil” includes, but is not limited to, any oil intended for use in an internal combustion engine crankcase, transmission, gearbox, or differential…
- § 48618.4 “Mitigation” is the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution…
- § 48619 “Oil manufacturer” means the first person or entity in the state to take title to lubricating or industrial oil for sale, use, or transfer in the state.
- § 48620 “Recycled oil” means recycled oil, as defined in Section 25250.1 of the Health and Safety Code.
- § 48620.2 (a) “Rerefined oil” means a lubricant base stock or oil base that has been derived from used oil and meets all the following criteria: (1) Processed using a…
- § 48620.5 “Stormwater pollution” for purposes of mitigation does not include runoff at a specific facility even if there is no point source at the facility. This…
- § 48621 “Used oil” means used oil, as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. Used oil does not include articles contaminated with…
- § 48622 “Used oil collection center” means a business, governmental entity, or nonprofit organization which accepts used lubricating oil from the public and which is…
- § 48623 “Used oil hauler” means a hazardous waste transporter registered pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and…
- § 48624 “Used oil recycling facility” means a facility that is issued a hazardous waste facilities permit or grant of interim status by the department pursuant to…
- § 48625 The following terms have the following meaning: (a) “Used oil storage facility” has the same meaning as defined in subdivision (g) of Section 25250.1 of the…
ARTICLE 4. Used Oil Recycling §§ 48630–48632 · 3 sections
- § 48630 On or before October 1, 1992, the board shall adopt a used oil recycling program which promotes and develops alternatives to the illegal disposal of used oil.
- § 48631 The used oil recycling program shall include, but is not limited to, all of the following: (a) A recycling incentive system as described in Article 6…
- § 48632 The Department of Resources Recycling and Recovery may, pursuant to subdivision (b) of Section 48631, issue grants to or contract with local governments,…
ARTICLE 5. Administration §§ 48640–48645 · 6 sections
- § 48640 The board shall administer this chapter. For organizational purposes, the board may create a new division, bureau, office, or unit to administer this chapter.
- § 48641 In addition to any other regulations which the board is required by statute to adopt, the board may adopt any other rules and regulations pursuant to Chapter…
- § 48642 The board may prepare, publish, or issue printed pamphlets, which the board determines to be necessary, for the dissemination of information concerning the…
- § 48643 In carrying out this chapter, the board may solicit and use any and all expertise available in other state agencies, including, but not limited to, the State…
- § 48644 The board shall maintain access to a toll-free telephone number which is to be used for the purpose of informing callers of the following: (a) The permissible…
- § 48645 Except for payments made to local governments pursuant to paragraph (3) of subdivision (a) of Section 48653, final approval of applicant and project…
ARTICLE 6. Financial Provisions §§ 48650–48657 · 11 sections
- § 48650 (a) Except as provided in subdivisions (c) and (d), every oil manufacturer shall pay to the board, on or before the last day of the month following each…
- § 48650.2 For the purposes of this chapter, the board may collect the fees pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of…
- § 48650.5 (a) Any person who has made a payment pursuant to Section 48650 on lubricating oil exempted from payment pursuant to subdivision (a) of Section 48650, and the…
- § 48650.7 In any transaction involving a total volume of oil subject to payment pursuant to Section 48650 in excess of 10 gallons, the invoice or other form of…
- § 48651 The board shall pay a recycling incentive pursuant to subdivision (a) of Section 48652 to every industrial generator, curbside collection program, and…
- § 48651.5 (a) Effective January 1, 2013, the board, with regard to promoting the recycling of used lubricating oil into rerefined oil, shall pay a rerefining incentive…
- § 48652 (a) Except as provided in subdivision (d), the board shall set the recycling incentive at not less than ten cents ($0.10) per quart. The board may set the…
- § 48653 The board shall deposit all amounts paid pursuant to Section 48650 by manufacturers, civil penalties, and fines paid pursuant to this chapter, and all other…
- § 48655 The board may enter into a contract with the department that will utilize the resources of the department to provide for greater investigation and enforcement…
- § 48656 After all of the expenditures pursuant to Section 48653 have been made, notwithstanding paragraph (5) of subdivision (a) of Section 48653, the balance…
- § 48657 The board shall keep accurate books, records, and accounts of all of its dealings, and these books, records, and accounts, and any amounts paid into or from…
ARTICLE 7. Certification §§ 48660–48662 · 4 sections
- § 48660 (a) No used oil collection center shall be eligible for the payment of recycling incentives until the board has certified that the center is in compliance with…
- § 48660.5 (a) If the board finds that a shipment of used oil from a certified used oil collection center, curbside collection program, or uncertified publicly funded…
- § 48661 (a) On and after July 1, 1992, the department shall annually inspect used oil recycling facilities. (b) Within 135 days following inspection, the department…
- § 48662 (a) The board shall certify or recertify a used oil recycling facility located in this state for which the board has received a report from the department…
ARTICLE 8. Reporting §§ 48670–48676 · 8 sections
- § 48670 (a) To be eligible for payment of a recycling incentive, an industrial generator of used lubricating oil, a used oil collection center, or a curbside…
- § 48671 Every oil manufacturer who sells, or offers to sell, lubricating or industrial oil in this state shall report to the board for each month the amount of…
- § 48671.5 The manufacturer of every container that contains lubricating oils or industrial oils, and which is intended for sale to consumers in California, shall do…
- § 48672 Beginning May 1, 1992, every used oil hauler shall report to the board for each quarter the amount of used oil transported, the location to which it is…
- § 48673 (a) A used oil recycling facility issued a permit by the department to produce recycled oil, as defined in Section 25250.1 of the Health and Safety Code, and…
- § 48674 After receiving payments pursuant to paragraph (3) of subdivision (a) of Section 48653, each local government shall submit an annual report to the board, in…
- § 48675 The board shall establish procedures to protect any proprietary information concerning sales, purchases, and operations obtained while collecting information…
- § 48676 The board shall make available on its Internet Web site an annual report that includes the accumulated industrial and lubricating oil sales and used oil…
ARTICLE 9. Enforcement § 48680 · 1 section
- § 48680 (a) Except as provided in subdivision (b), in addition to any other civil or criminal penalties, any person convicted of a violation of this chapter is guilty…
ARTICLE 10. Local Used Oil Collection Program §§ 48690–48691 · 2 sections
- § 48690 A local government is eligible for a payment pursuant to paragraph (3) of subdivision (a) of Section 48653, if it develops and submits a local used oil…
- § 48691 (a) A local used oil collection program shall provide for used lubricating oil collection by either of the following or a combination of the two: (1) Ensuring…
CHAPTER 5. Paint Product Recovery Program §§ 48700–48707 · 18 sections
- § 48700 The purpose of the paint product recovery program established pursuant to this chapter is to require paint manufacturers to develop and implement a program to…
- § 48701 For purposes of this chapter, the following terms have the following meanings: (a) (1) “Aerosol coating product” means a pressurized coating product containing…
- § 48701.1 (a) The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section…
- § 48702 (a) To comply with the requirements of this chapter, a manufacturer shall establish and implement a stewardship program, either by itself or as part of a group…
- § 48703 (a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 48701.1, a manufacturer shall, individually or…
- § 48703.1 (a) The stewardship plan shall demonstrate sufficient funding for the stewardship program, including a funding mechanism for securing and disbursing funds to…
- § 48703.2 The stewardship plan shall include quantifiable time-specific performance goals established by the manufacturer or stewardship organization to reduce the…
- § 48703.3 (a) The stewardship plan shall describe how the manufacturer, individually or through a stewardship organization, will provide a free dropoff and convenient…
- § 48703.4 A stewardship plan shall include consumer, contractor, and retailer education and outreach efforts to promote the source reduction and recycling of paint…
- § 48703.5 (a) A manufacturer shall, individually or through a stewardship organization, review its stewardship plan at least once every five years after approval by the…
- § 48704 (a) No later than 90 days before a stewardship plan is required to be submitted to the department, the department shall notify each manufacturer acting…
- § 48704.1 (a) A stewardship organization’s funding mechanism shall provide a stewardship assessment for each container of a paint product and sold by manufacturers in…
- § 48705 (a) On or before May 15 of each year, a manufacturer of a paint product sold in this state shall, individually or through a stewardship organization, submit a…
- § 48705.1 (a) A stewardship organization shall do both of the following: (1) Upon the department’s request, provide the department with reasonable and timely access, as…
- § 48706 (a) Within 24 months of the effective date of the regulations adopted pursuant to Section 48701.1, the department shall post on its internet website a list of…
- § 48706.1 (a) A civil penalty may be administratively imposed by the department on any person who violates this chapter in an amount up to one thousand dollars ($1,000)…
- § 48706.2 (a) A manufacturer or stewardship organization shall not be liable for a violation of any antitrust, restraint of trade, unfair trade practice, or other…
- § 48707 The department, in coordination with the Department of Toxic Substances Control, may adopt regulations to clarify and implement this chapter.