CHAPTER 3. Permit and Inspection Program [44000.5. - 44210.]

Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22.

§§ 44000.5–44210 · 37 sections

1. 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…
2. 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…
3. 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…
4. 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…