CHAPTER 2. Solid Waste Handling and Disposal [43200. - 43610.1.]
Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22.
§§ 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- § 43206 A designation made pursuant to this article may be withdrawn in the same manner in which it was made.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…